Loading...
00-566OR4GINAL � Presented By Referred To Council File # �� Sl Cc�ittee: Date // 1 WI�REAS, the City of Saint Paul ("Saint Paul") owns a 100-foot wide strip of land that is 2 commonly known as the Vadnais Conduit right-of-way ("R/W") and is located in the City of 3 Little Canada ("Little Canada"), and Saint Paul's ownerslvp interest is specifically described in 4 its deed as, "for the benefit of the Board of Water Commissioners" ("Boazd"); and 6 'WHEREAS, Northeast Residence, Ina ("NER") desires to construct a six bedroom respite care 7 facility ("facility") adjacent to the R/W, but the planned facility does not comply with Little 8 Canada zoning requirements which require a greater setback from the R/W; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHETiEAS, in order to comply with the Little Canada setback requirements, NER has requested that the Board and/or Saint Paul convey their fee title ownership interests, but retain all necessary easements or impose any necessary restrictive covenants, in a limited 6-foot wide by 50-foot long strip of the R/W ("Parcel") Chat is more particularly described as follows: The westerly 6.00 feet of the City of Saint Paul Water Works right-of-way in Section 8, Township 29 North, Range 22 West, eastexly of and adjacent to Tract B, Registered Land Survey No. 348, Ramsey County, Minnesota lying southeasterly of a line parallel with and 7fl.00 feet southeasterly of the northwesterly line of said Tract B, and lying northwesterly of a line parallel with and 120.00 feet southeasterly of the northwesterly line of said Tract B.; m WHEREAS, the Board did adopt resolution No. 4719, which determined that fee title ownership interest in the limited area of the Parcel is sutplus under the unique facts and circumstances presented, and that the Parcel could be conveyed to NER, provided that NER's use and ownership is restricted in the following manner: NER may only use the Parcel to gain compliance with Little Canada Zoning setback requirements; and Green Sheet # ��� RESOLUTION SA1NT PAUL, MINNESOTA -1- c� -�olo 4RiGlNA� 1 2. No buildings, facilities, goods, or structures, temporary or otherwise, shall be 2 atlowed to be placed or stored on the pazcel; and 4 3. The Boazd and Saint Paul shall retain an easement which allows them to continue 5 using the Pazcel in whatever manner they choose; and 7 WHEREAS, the Board requests that the City Council of the City of Saint Paul concur and 8 declare said fee title ownership of the Pazcel to be surplus; now, therefore, be it 10 RESOLVED, that the City Council of the City of Saint Paul does hereby concur with the Board 11 of Water Commissioners and does declare said fee title ownership of the Parcel to be surplus, 12 subject to the terms and conditions described in Board Resolution No. 4719. -2- Requuicd by Depa.-tmcnt of_ ,4doption Certifie3 by Cowcil Seae:ary er �� � a . (� „--�-�-�- Approved by Mayor: Date �v`� � Z�d Sy. i ��7Y���,/ � Saint Paul Regional Water Servic BY- �.Cicn_.�r � G���lt General Manager Fonn Aporoved by Cir� Attorney Br ' S"3°.ao Approved by Mayor Ior Submiuioa to Coe ;cil Bx � r/��� Adopted by Couacil: Da[e�y, ��� � � � S 4;�a St. Paul Regional Water Services � 5/25/2000 ( GREEN SHEET TOTAL # OF SIGNATURE PAGES No 1 G22' � 5 ='I° 1 oE.rWn�.cweno.�o 4 arvoa,ra � 6B FOR � CIIVAiiOpEY �" -• � � �' ❑ CIIYCtiRK `� • ❑FWWCML�FRNCFtGR ❑NYIIG�1LfFMACCf6_ � NYORI�AiffiTI11I�) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of Council Resolution concurring with Board of Water Commissioners' surplus declaration of fee title to a 6-foot wide strip of land within the Vadnais Conduit right-of-way south of Little Canada Road in the City of Little Canada. Attachments: 1) Staff report 2) Proposed Resolution 3) Board of Water Comm :OMMENDATION Approve (A) w Reject (R) _ PLANNING COMMISS�ON _ CIB CAMMITTEE CIVIL SERVICE COMMISSION [i Board Of W e CommiscinnerS tias ihis oersoNfirm erer vrorked unaer a canveot Wr Nis AepaRmeM? YES � Fias ihis P��Trm ever been a cilY emDbYee4 YES NO Does thi6 persorJfifm posse66 a sldll nd Iarmaltypo5aesseA by am/ c4rteM city employee? YES NO Is mis pereoNGlm a targ@ea venaa? � YES NO Northeast Residence, Inc. requires 6 additional feet of setback in order to build a 6 bedioom respite caxe facility adjacent to the Board's Vadnais Conduit right-of-way. They desire to purchase a 6-fooe wide strip of the right-of-way in order to meet the requirement, to be restricted from building on it and to grant an easement which allows the-Board to Northeast Residence will be able to build a 6 bedroom respite care facility. None The caxe facility cannot be built as planned. t SOURCE GOST/REVENUE BUDGETm (pRCLE ONE� VES NO ACTIVITYNUMBER I � '' � lvno � � .'dw� • s: :�.3 �";�.0 : d! �,ar•t J CX� Slc,�i STAFF REPORT May 23, 20�0 Pertainiiig to the surplus declaration of fee title to a 6-foot wide strip of land within the Vadnais Conduit right-of-way south of Little Canada Road in the City of Little Canada. The City of Saint Paul owns a 100-foot wide strip of land that is commonly known as the Vadnais Conduit right-of-way located in the City of Little Canada. Saint Paul's ownership interest is specifically described in its deed as, "for the benefit of the Board of Water Commissioners". Northeast Residence (NER) desires to construct a 6 bedroom respite care facility on Little Canada Road adjacent to the Board's Vadnais Conduit right-of-way. The site contains many development challenges and allowed very limited building location options. The only location that allowed far the structure they wanted required a setback variance from the City of Little Canada, and the properry did not meet the city's requirements for such a variance. NER approached Board staff with a request to purchase a 6-foot wide strip of the right-of-way as a means of achieving the required setback. The Board discussed the issue at its March 14 meeting and approved the concept, provided NERs' use be only to achieve the setback requirements, that no building be allowed on the parcel, and that the Board retain an easement which allows it to continue using the pazcel. The assistant city attorney drafted a letter to the City of Little Canada under the Saint Paul Regional Water Services General Manager's signature itemizing all such conditions, and NER agreed to them. Disposal procedures require that property be declared surplus before it can be sold. In this case, the property itself is not surplus, merely the fee title to it. Because this property is held in the name of the City of Saint Paul for benefit of the Board, Board Resolution No. 4719 not only declared the fee title to be surplus, but also requested the City of Saint Paul to concur. The proposed City Councii resolution provides such concurrence. Following adoption of the resolution, Boazd staff will proceed with drafting a purchase agreement to be considered and executed by the Board and the City. BOARD OF WATER CAM►.115510NER5 ��� RESOLUTfON — GEi�IERAL FORM Ne 4719 PR£SEMEO 8Y COMMISSIONER DA �V�REAS, the City of Saint Paui ("St Paul") currenily owns and holds fee simpie htle to a l Oo- foot wide strip oi land that is located in ihe City of Little Canada ("Lit'Se Ca.nada"), commonly known as the Vadnais Conduit right-oi-way ("RIW"), wiuch saip oi land is located in Section 8, Tow,�ship 29 North, Range 22 Wesc; and R��IIEREAS, St. Paul holds its fee simple ownership interest in the R/W ior the benefit of the Boazd of Water Commissioners ("Board"); and W�REAS, Northeast Residence, Inc. ("NER") desires to construct a six bedroom respite care facility ("facility") on Little Canada Road adjacent to the R/W; and �VI�REAS, Litt1e Canada has refused to approve the plans for the facility because the planned facility does not comply with Litt1e Canada zonin' requirements which require a gzeater setback from the property line that NER shazes with St. Paul and the Board along the R/W; and W$.E,REAS, in order to comply with the Little Canada setback requirements, NER has requested that the Board andlor St. Paui convey their fee title ownership interests in a limited 6-ioot wide by 50-foot lon� s�ip of the R/W ("Pazcel") that is more particularly described as follows: The westeriy 6.00 feet of tbe City of Saint Paui Water Works ri;ht-of-way in Section 8, Township 29 North, Range 22 West, easterly of and adjacent to Tract B, Registered Land Survey No. 348, Ramsey County, 3vlinnesota lying southeasterly of a Iine pazallel with and 70.00 feet southeasterly of the nonhwesterly line of said Tract B, and lying northwesterly of a liae pazallel with and 120.00 feet southeasterly of the northwesterly line of said Tract B. WHEREAS, Board staff has reviewed NER's request and has determined that fee title ownership intezest in the limited area of the Pazce1 is not required for the Board to cairy out its necessary management and operation of the R/W and Board facilities contained therein, and that the £ee ritle ownership interest in the Pazcel could be deemed surplus under the unique facts and circumstances presented, provided that NER's use and ownership of the Pazcel is restricted in the following �:r.r.t:�i� Water Cammissioners Yeas Nays Adopted by the Board of Water Commissioners In favor__ Opposed_ SECY. BOARD OF WATER COMMISSIONERS RESOLUTiOri — GEiJEitAL FORM pRESENTED 8Y Haselmann GOMMISSIONER r� � • No 4719 May 16, 2000 NER may only use the Parcel to �ain compliance with Litt1e Canada Zoning setback requirements; and 2. No buildings, facilities, goods, or structures, temporary or otherwise, shall be allowed to be placed or stored on the pazcel; and 3. The Board and St. Paul shall retain an easement which allow them to continue using the Pazcel in whatever manner they choose; and WHEI2EAS, providedthe above conditions and covenants aze included in the conveyance deed and purchase agreement, the Board is willing to convey the Pazcel to �iER upon payment of the Pazcel's fair market value; now, therefore, be it RESOLVED, that upon satisfaction of the conditions as outlined herein, the Board of Water Commissioners does hereby declaze fee simple tifle to the Pazcel to be surplus, and authorizes the negotiation of an agreement between the necessary parties to convey title interests in the Pazcel to NER; and, be it FUR'I`HER RESOLVED, that the Board does hereby request the City Council of the City of Saint Paul to concur with the Board and declare said fee ritle ownership of the Parcel to be surplus in order to negotiate an agreement between the necessary parties and convey title interests in the Pazcel to NER. Water Commissioners Yeas Arcand Nays Cardinal Vice President Haselmann President Reitez' Adopted by the Board of Water Commissioneis May 16, x� 20�0 In favor �± Opposed � ����"`="� SECY. OR4GINAL � Presented By Referred To Council File # �� Sl Cc�ittee: Date // 1 WI�REAS, the City of Saint Paul ("Saint Paul") owns a 100-foot wide strip of land that is 2 commonly known as the Vadnais Conduit right-of-way ("R/W") and is located in the City of 3 Little Canada ("Little Canada"), and Saint Paul's ownerslvp interest is specifically described in 4 its deed as, "for the benefit of the Board of Water Commissioners" ("Boazd"); and 6 'WHEREAS, Northeast Residence, Ina ("NER") desires to construct a six bedroom respite care 7 facility ("facility") adjacent to the R/W, but the planned facility does not comply with Little 8 Canada zoning requirements which require a greater setback from the R/W; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHETiEAS, in order to comply with the Little Canada setback requirements, NER has requested that the Board and/or Saint Paul convey their fee title ownership interests, but retain all necessary easements or impose any necessary restrictive covenants, in a limited 6-foot wide by 50-foot long strip of the R/W ("Parcel") Chat is more particularly described as follows: The westerly 6.00 feet of the City of Saint Paul Water Works right-of-way in Section 8, Township 29 North, Range 22 West, eastexly of and adjacent to Tract B, Registered Land Survey No. 348, Ramsey County, Minnesota lying southeasterly of a line parallel with and 7fl.00 feet southeasterly of the northwesterly line of said Tract B, and lying northwesterly of a line parallel with and 120.00 feet southeasterly of the northwesterly line of said Tract B.; m WHEREAS, the Board did adopt resolution No. 4719, which determined that fee title ownership interest in the limited area of the Parcel is sutplus under the unique facts and circumstances presented, and that the Parcel could be conveyed to NER, provided that NER's use and ownership is restricted in the following manner: NER may only use the Parcel to gain compliance with Little Canada Zoning setback requirements; and Green Sheet # ��� RESOLUTION SA1NT PAUL, MINNESOTA -1- c� -�olo 4RiGlNA� 1 2. No buildings, facilities, goods, or structures, temporary or otherwise, shall be 2 atlowed to be placed or stored on the pazcel; and 4 3. The Boazd and Saint Paul shall retain an easement which allows them to continue 5 using the Pazcel in whatever manner they choose; and 7 WHEREAS, the Board requests that the City Council of the City of Saint Paul concur and 8 declare said fee title ownership of the Pazcel to be surplus; now, therefore, be it 10 RESOLVED, that the City Council of the City of Saint Paul does hereby concur with the Board 11 of Water Commissioners and does declare said fee title ownership of the Parcel to be surplus, 12 subject to the terms and conditions described in Board Resolution No. 4719. -2- Requuicd by Depa.-tmcnt of_ ,4doption Certifie3 by Cowcil Seae:ary er �� � a . (� „--�-�-�- Approved by Mayor: Date �v`� � Z�d Sy. i ��7Y���,/ � Saint Paul Regional Water Servic BY- �.Cicn_.�r � G���lt General Manager Fonn Aporoved by Cir� Attorney Br ' S"3°.ao Approved by Mayor Ior Submiuioa to Coe ;cil Bx � r/��� Adopted by Couacil: Da[e�y, ��� � � � S 4;�a St. Paul Regional Water Services � 5/25/2000 ( GREEN SHEET TOTAL # OF SIGNATURE PAGES No 1 G22' � 5 ='I° 1 oE.rWn�.cweno.�o 4 arvoa,ra � 6B FOR � CIIVAiiOpEY �" -• � � �' ❑ CIIYCtiRK `� • ❑FWWCML�FRNCFtGR ❑NYIIG�1LfFMACCf6_ � NYORI�AiffiTI11I�) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of Council Resolution concurring with Board of Water Commissioners' surplus declaration of fee title to a 6-foot wide strip of land within the Vadnais Conduit right-of-way south of Little Canada Road in the City of Little Canada. Attachments: 1) Staff report 2) Proposed Resolution 3) Board of Water Comm :OMMENDATION Approve (A) w Reject (R) _ PLANNING COMMISS�ON _ CIB CAMMITTEE CIVIL SERVICE COMMISSION [i Board Of W e CommiscinnerS tias ihis oersoNfirm erer vrorked unaer a canveot Wr Nis AepaRmeM? YES � Fias ihis P��Trm ever been a cilY emDbYee4 YES NO Does thi6 persorJfifm posse66 a sldll nd Iarmaltypo5aesseA by am/ c4rteM city employee? YES NO Is mis pereoNGlm a targ@ea venaa? � YES NO Northeast Residence, Inc. requires 6 additional feet of setback in order to build a 6 bedioom respite caxe facility adjacent to the Board's Vadnais Conduit right-of-way. They desire to purchase a 6-fooe wide strip of the right-of-way in order to meet the requirement, to be restricted from building on it and to grant an easement which allows the-Board to Northeast Residence will be able to build a 6 bedroom respite care facility. None The caxe facility cannot be built as planned. t SOURCE GOST/REVENUE BUDGETm (pRCLE ONE� VES NO ACTIVITYNUMBER I � '' � lvno � � .'dw� • s: :�.3 �";�.0 : d! �,ar•t J CX� Slc,�i STAFF REPORT May 23, 20�0 Pertainiiig to the surplus declaration of fee title to a 6-foot wide strip of land within the Vadnais Conduit right-of-way south of Little Canada Road in the City of Little Canada. The City of Saint Paul owns a 100-foot wide strip of land that is commonly known as the Vadnais Conduit right-of-way located in the City of Little Canada. Saint Paul's ownership interest is specifically described in its deed as, "for the benefit of the Board of Water Commissioners". Northeast Residence (NER) desires to construct a 6 bedroom respite care facility on Little Canada Road adjacent to the Board's Vadnais Conduit right-of-way. The site contains many development challenges and allowed very limited building location options. The only location that allowed far the structure they wanted required a setback variance from the City of Little Canada, and the properry did not meet the city's requirements for such a variance. NER approached Board staff with a request to purchase a 6-foot wide strip of the right-of-way as a means of achieving the required setback. The Board discussed the issue at its March 14 meeting and approved the concept, provided NERs' use be only to achieve the setback requirements, that no building be allowed on the parcel, and that the Board retain an easement which allows it to continue using the pazcel. The assistant city attorney drafted a letter to the City of Little Canada under the Saint Paul Regional Water Services General Manager's signature itemizing all such conditions, and NER agreed to them. Disposal procedures require that property be declared surplus before it can be sold. In this case, the property itself is not surplus, merely the fee title to it. Because this property is held in the name of the City of Saint Paul for benefit of the Board, Board Resolution No. 4719 not only declared the fee title to be surplus, but also requested the City of Saint Paul to concur. The proposed City Councii resolution provides such concurrence. Following adoption of the resolution, Boazd staff will proceed with drafting a purchase agreement to be considered and executed by the Board and the City. BOARD OF WATER CAM►.115510NER5 ��� RESOLUTfON — GEi�IERAL FORM Ne 4719 PR£SEMEO 8Y COMMISSIONER DA �V�REAS, the City of Saint Paui ("St Paul") currenily owns and holds fee simpie htle to a l Oo- foot wide strip oi land that is located in ihe City of Little Canada ("Lit'Se Ca.nada"), commonly known as the Vadnais Conduit right-oi-way ("RIW"), wiuch saip oi land is located in Section 8, Tow,�ship 29 North, Range 22 Wesc; and R��IIEREAS, St. Paul holds its fee simple ownership interest in the R/W ior the benefit of the Boazd of Water Commissioners ("Board"); and W�REAS, Northeast Residence, Inc. ("NER") desires to construct a six bedroom respite care facility ("facility") on Little Canada Road adjacent to the R/W; and �VI�REAS, Litt1e Canada has refused to approve the plans for the facility because the planned facility does not comply with Litt1e Canada zonin' requirements which require a gzeater setback from the property line that NER shazes with St. Paul and the Board along the R/W; and W$.E,REAS, in order to comply with the Little Canada setback requirements, NER has requested that the Board andlor St. Paui convey their fee title ownership interests in a limited 6-ioot wide by 50-foot lon� s�ip of the R/W ("Pazcel") that is more particularly described as follows: The westeriy 6.00 feet of tbe City of Saint Paui Water Works ri;ht-of-way in Section 8, Township 29 North, Range 22 West, easterly of and adjacent to Tract B, Registered Land Survey No. 348, Ramsey County, 3vlinnesota lying southeasterly of a Iine pazallel with and 70.00 feet southeasterly of the nonhwesterly line of said Tract B, and lying northwesterly of a liae pazallel with and 120.00 feet southeasterly of the northwesterly line of said Tract B. WHEREAS, Board staff has reviewed NER's request and has determined that fee title ownership intezest in the limited area of the Pazce1 is not required for the Board to cairy out its necessary management and operation of the R/W and Board facilities contained therein, and that the £ee ritle ownership interest in the Pazcel could be deemed surplus under the unique facts and circumstances presented, provided that NER's use and ownership of the Pazcel is restricted in the following �:r.r.t:�i� Water Cammissioners Yeas Nays Adopted by the Board of Water Commissioners In favor__ Opposed_ SECY. BOARD OF WATER COMMISSIONERS RESOLUTiOri — GEiJEitAL FORM pRESENTED 8Y Haselmann GOMMISSIONER r� � • No 4719 May 16, 2000 NER may only use the Parcel to �ain compliance with Litt1e Canada Zoning setback requirements; and 2. No buildings, facilities, goods, or structures, temporary or otherwise, shall be allowed to be placed or stored on the pazcel; and 3. The Board and St. Paul shall retain an easement which allow them to continue using the Pazcel in whatever manner they choose; and WHEI2EAS, providedthe above conditions and covenants aze included in the conveyance deed and purchase agreement, the Board is willing to convey the Pazcel to �iER upon payment of the Pazcel's fair market value; now, therefore, be it RESOLVED, that upon satisfaction of the conditions as outlined herein, the Board of Water Commissioners does hereby declaze fee simple tifle to the Pazcel to be surplus, and authorizes the negotiation of an agreement between the necessary parties to convey title interests in the Pazcel to NER; and, be it FUR'I`HER RESOLVED, that the Board does hereby request the City Council of the City of Saint Paul to concur with the Board and declare said fee ritle ownership of the Parcel to be surplus in order to negotiate an agreement between the necessary parties and convey title interests in the Pazcel to NER. Water Commissioners Yeas Arcand Nays Cardinal Vice President Haselmann President Reitez' Adopted by the Board of Water Commissioneis May 16, x� 20�0 In favor �± Opposed � ����"`="� SECY. OR4GINAL � Presented By Referred To Council File # �� Sl Cc�ittee: Date // 1 WI�REAS, the City of Saint Paul ("Saint Paul") owns a 100-foot wide strip of land that is 2 commonly known as the Vadnais Conduit right-of-way ("R/W") and is located in the City of 3 Little Canada ("Little Canada"), and Saint Paul's ownerslvp interest is specifically described in 4 its deed as, "for the benefit of the Board of Water Commissioners" ("Boazd"); and 6 'WHEREAS, Northeast Residence, Ina ("NER") desires to construct a six bedroom respite care 7 facility ("facility") adjacent to the R/W, but the planned facility does not comply with Little 8 Canada zoning requirements which require a greater setback from the R/W; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHETiEAS, in order to comply with the Little Canada setback requirements, NER has requested that the Board and/or Saint Paul convey their fee title ownership interests, but retain all necessary easements or impose any necessary restrictive covenants, in a limited 6-foot wide by 50-foot long strip of the R/W ("Parcel") Chat is more particularly described as follows: The westerly 6.00 feet of the City of Saint Paul Water Works right-of-way in Section 8, Township 29 North, Range 22 West, eastexly of and adjacent to Tract B, Registered Land Survey No. 348, Ramsey County, Minnesota lying southeasterly of a line parallel with and 7fl.00 feet southeasterly of the northwesterly line of said Tract B, and lying northwesterly of a line parallel with and 120.00 feet southeasterly of the northwesterly line of said Tract B.; m WHEREAS, the Board did adopt resolution No. 4719, which determined that fee title ownership interest in the limited area of the Parcel is sutplus under the unique facts and circumstances presented, and that the Parcel could be conveyed to NER, provided that NER's use and ownership is restricted in the following manner: NER may only use the Parcel to gain compliance with Little Canada Zoning setback requirements; and Green Sheet # ��� RESOLUTION SA1NT PAUL, MINNESOTA -1- c� -�olo 4RiGlNA� 1 2. No buildings, facilities, goods, or structures, temporary or otherwise, shall be 2 atlowed to be placed or stored on the pazcel; and 4 3. The Boazd and Saint Paul shall retain an easement which allows them to continue 5 using the Pazcel in whatever manner they choose; and 7 WHEREAS, the Board requests that the City Council of the City of Saint Paul concur and 8 declare said fee title ownership of the Pazcel to be surplus; now, therefore, be it 10 RESOLVED, that the City Council of the City of Saint Paul does hereby concur with the Board 11 of Water Commissioners and does declare said fee title ownership of the Parcel to be surplus, 12 subject to the terms and conditions described in Board Resolution No. 4719. -2- Requuicd by Depa.-tmcnt of_ ,4doption Certifie3 by Cowcil Seae:ary er �� � a . (� „--�-�-�- Approved by Mayor: Date �v`� � Z�d Sy. i ��7Y���,/ � Saint Paul Regional Water Servic BY- �.Cicn_.�r � G���lt General Manager Fonn Aporoved by Cir� Attorney Br ' S"3°.ao Approved by Mayor Ior Submiuioa to Coe ;cil Bx � r/��� Adopted by Couacil: Da[e�y, ��� � � � S 4;�a St. Paul Regional Water Services � 5/25/2000 ( GREEN SHEET TOTAL # OF SIGNATURE PAGES No 1 G22' � 5 ='I° 1 oE.rWn�.cweno.�o 4 arvoa,ra � 6B FOR � CIIVAiiOpEY �" -• � � �' ❑ CIIYCtiRK `� • ❑FWWCML�FRNCFtGR ❑NYIIG�1LfFMACCf6_ � NYORI�AiffiTI11I�) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of Council Resolution concurring with Board of Water Commissioners' surplus declaration of fee title to a 6-foot wide strip of land within the Vadnais Conduit right-of-way south of Little Canada Road in the City of Little Canada. Attachments: 1) Staff report 2) Proposed Resolution 3) Board of Water Comm :OMMENDATION Approve (A) w Reject (R) _ PLANNING COMMISS�ON _ CIB CAMMITTEE CIVIL SERVICE COMMISSION [i Board Of W e CommiscinnerS tias ihis oersoNfirm erer vrorked unaer a canveot Wr Nis AepaRmeM? YES � Fias ihis P��Trm ever been a cilY emDbYee4 YES NO Does thi6 persorJfifm posse66 a sldll nd Iarmaltypo5aesseA by am/ c4rteM city employee? YES NO Is mis pereoNGlm a targ@ea venaa? � YES NO Northeast Residence, Inc. requires 6 additional feet of setback in order to build a 6 bedioom respite caxe facility adjacent to the Board's Vadnais Conduit right-of-way. They desire to purchase a 6-fooe wide strip of the right-of-way in order to meet the requirement, to be restricted from building on it and to grant an easement which allows the-Board to Northeast Residence will be able to build a 6 bedroom respite care facility. None The caxe facility cannot be built as planned. t SOURCE GOST/REVENUE BUDGETm (pRCLE ONE� VES NO ACTIVITYNUMBER I � '' � lvno � � .'dw� • s: :�.3 �";�.0 : d! �,ar•t J CX� Slc,�i STAFF REPORT May 23, 20�0 Pertainiiig to the surplus declaration of fee title to a 6-foot wide strip of land within the Vadnais Conduit right-of-way south of Little Canada Road in the City of Little Canada. The City of Saint Paul owns a 100-foot wide strip of land that is commonly known as the Vadnais Conduit right-of-way located in the City of Little Canada. Saint Paul's ownership interest is specifically described in its deed as, "for the benefit of the Board of Water Commissioners". Northeast Residence (NER) desires to construct a 6 bedroom respite care facility on Little Canada Road adjacent to the Board's Vadnais Conduit right-of-way. The site contains many development challenges and allowed very limited building location options. The only location that allowed far the structure they wanted required a setback variance from the City of Little Canada, and the properry did not meet the city's requirements for such a variance. NER approached Board staff with a request to purchase a 6-foot wide strip of the right-of-way as a means of achieving the required setback. The Board discussed the issue at its March 14 meeting and approved the concept, provided NERs' use be only to achieve the setback requirements, that no building be allowed on the parcel, and that the Board retain an easement which allows it to continue using the pazcel. The assistant city attorney drafted a letter to the City of Little Canada under the Saint Paul Regional Water Services General Manager's signature itemizing all such conditions, and NER agreed to them. Disposal procedures require that property be declared surplus before it can be sold. In this case, the property itself is not surplus, merely the fee title to it. Because this property is held in the name of the City of Saint Paul for benefit of the Board, Board Resolution No. 4719 not only declared the fee title to be surplus, but also requested the City of Saint Paul to concur. The proposed City Councii resolution provides such concurrence. Following adoption of the resolution, Boazd staff will proceed with drafting a purchase agreement to be considered and executed by the Board and the City. BOARD OF WATER CAM►.115510NER5 ��� RESOLUTfON — GEi�IERAL FORM Ne 4719 PR£SEMEO 8Y COMMISSIONER DA �V�REAS, the City of Saint Paui ("St Paul") currenily owns and holds fee simpie htle to a l Oo- foot wide strip oi land that is located in ihe City of Little Canada ("Lit'Se Ca.nada"), commonly known as the Vadnais Conduit right-oi-way ("RIW"), wiuch saip oi land is located in Section 8, Tow,�ship 29 North, Range 22 Wesc; and R��IIEREAS, St. Paul holds its fee simple ownership interest in the R/W ior the benefit of the Boazd of Water Commissioners ("Board"); and W�REAS, Northeast Residence, Inc. ("NER") desires to construct a six bedroom respite care facility ("facility") on Little Canada Road adjacent to the R/W; and �VI�REAS, Litt1e Canada has refused to approve the plans for the facility because the planned facility does not comply with Litt1e Canada zonin' requirements which require a gzeater setback from the property line that NER shazes with St. Paul and the Board along the R/W; and W$.E,REAS, in order to comply with the Little Canada setback requirements, NER has requested that the Board andlor St. Paui convey their fee title ownership interests in a limited 6-ioot wide by 50-foot lon� s�ip of the R/W ("Pazcel") that is more particularly described as follows: The westeriy 6.00 feet of tbe City of Saint Paui Water Works ri;ht-of-way in Section 8, Township 29 North, Range 22 West, easterly of and adjacent to Tract B, Registered Land Survey No. 348, Ramsey County, 3vlinnesota lying southeasterly of a Iine pazallel with and 70.00 feet southeasterly of the nonhwesterly line of said Tract B, and lying northwesterly of a liae pazallel with and 120.00 feet southeasterly of the northwesterly line of said Tract B. WHEREAS, Board staff has reviewed NER's request and has determined that fee title ownership intezest in the limited area of the Pazce1 is not required for the Board to cairy out its necessary management and operation of the R/W and Board facilities contained therein, and that the £ee ritle ownership interest in the Pazcel could be deemed surplus under the unique facts and circumstances presented, provided that NER's use and ownership of the Pazcel is restricted in the following �:r.r.t:�i� Water Cammissioners Yeas Nays Adopted by the Board of Water Commissioners In favor__ Opposed_ SECY. BOARD OF WATER COMMISSIONERS RESOLUTiOri — GEiJEitAL FORM pRESENTED 8Y Haselmann GOMMISSIONER r� � • No 4719 May 16, 2000 NER may only use the Parcel to �ain compliance with Litt1e Canada Zoning setback requirements; and 2. No buildings, facilities, goods, or structures, temporary or otherwise, shall be allowed to be placed or stored on the pazcel; and 3. The Board and St. Paul shall retain an easement which allow them to continue using the Pazcel in whatever manner they choose; and WHEI2EAS, providedthe above conditions and covenants aze included in the conveyance deed and purchase agreement, the Board is willing to convey the Pazcel to �iER upon payment of the Pazcel's fair market value; now, therefore, be it RESOLVED, that upon satisfaction of the conditions as outlined herein, the Board of Water Commissioners does hereby declaze fee simple tifle to the Pazcel to be surplus, and authorizes the negotiation of an agreement between the necessary parties to convey title interests in the Pazcel to NER; and, be it FUR'I`HER RESOLVED, that the Board does hereby request the City Council of the City of Saint Paul to concur with the Board and declare said fee ritle ownership of the Parcel to be surplus in order to negotiate an agreement between the necessary parties and convey title interests in the Pazcel to NER. Water Commissioners Yeas Arcand Nays Cardinal Vice President Haselmann President Reitez' Adopted by the Board of Water Commissioneis May 16, x� 20�0 In favor �± Opposed � ����"`="� SECY.