277288 WNITE - CITY CLERK �
PINK - FINANCE
�CANARY - DEPARTMENT G I T Y O F S A I N T PA U L Council �' b ��� ��,
BLUE - MAYOR
File N 0.
o esolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City of Vadnais Heights plans to construct public
sewers and water mains along a portion of County Road F and adjacent
to Water Board property; and
WHEREAS, Vadnais Heights has requested that the City of Saint
Paul grant it temporary and permanent utility easements and desires
to purchase these easements and compensate the Board and City of
Saint Paul for any damages to the adjacent Board property; and
WHEREAS, The Board of Water Commissioners has, by Resolution
3150 , authorized the granting of these easements to Vadnais
Heights subject to the Board approving the amaunt of compensation,
and the City Council has been requested to coneur in this action;
now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul does
hereby concur in the actions of the Board of Water Commissioners
and the agreement, a copy of which is attached hereto, and the
proper officers of the City and Board are authorized to execute
the agreement and easement clocuments provided in said agreement.
COUNCILMEN Requestgd by Department of:
Yeas Nays
Hunt � 4JATER
Levine In Favo[
Maddox �/
McMahon V B
Showalter __ Against Y —
Tedesco Elmer A. Huset — General Manager '
Wilson
AUG � O 1981 Form Approve by City Attor
Adopted by Council: Date —
Certified P�s e by Council Secretary BY
c
By _
Approv ;Nayor: Dat Altr,�i 4� .1.9�� Appro Mayor for u sio tb Council
By — BY
��.;��'�':�;;� AU G 2 9 1981
WNITE - CITY CLERK ��'+TURN TO JEROME SEGAL AFTER ADOPTION)
PINK - FINANCE
CANARY - DEPARTMENT G I T Y O F S A I N T ��u L COU[IC11 ��
BLUE - MAYOR .,
File N 0. '�"' �`
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The City of Vadnais Heights plans to construct public
sewers and water mains along a portion of County Road F and adjacent
to Water Board property; and
WHEREAS, Vadnais Heights has requested that the City of Saint
Paul grant it temporary and permanent utility easements and desires
to purchase these easements and compensate the Board and City of
Saint Paul for any damages to the adjacent Board property; and
WHEREAS, The Board of Water Commissioners has, by Resolution
� 3150 , authorized the granting of these easements to Vadnais
Heights subject to the Board approving the amount of compensation,
and the City Council has been requested to concur in this action;
now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul does
hereby concur in the actions of the Board of Water Commissioners
and the agreement, a copy of which is attached hereto, and the
proper officers of the City and Board are authori.zed to ex�cute
the agreement and easement documents provided in said agreement.
COUNC[LMEN Requestgd by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox '
McMaho� B '
Showalter __ Against Y
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
B�
Approved by :Vlayor: Date Approved by Mayor for Submission to Council
By _ By
i �
AGREEMENT
�;�`���
�� ,
THIS AGREEMENT, Made and entered into this day of
, 1981, by and between the Board of Water
_ Commissioners of the City of Saint Paul, hereinafter referred to
as "BOARD" , and the City of Vadnais Heights, a municipal corpo-
ration of the State of Minnesota, hereinafter referred to as
"CITY" .
WHEREAS, City has approved the construction of sanitary and
storm sewers, and a water main, known as Projects 81-1, 81-2,
81-3, 81-4 and 81-5, designed by Milnar W. Carley & Associates,
Inc. , plans and specifications, as amended, dated May 1, 1981,
Sheets 1 through 4, filed and marked as N-6347.
WHEREAS, City has requested that Board grant to it temporary
and permanent,utility easements over and across Board' s property
located adjacent to Ramsey County Road F; and
WHEREAS, Board heretofore has acquired and is possessed of
title to rights-of-way and other properties, hereinafter called
"Premises" situate within the corporate limits of said City, pur-
suant to the provisions of Chapter 110, Special Laws 1885, wherein
it is provided at Section 33, as follows:
"In all cases where rights-of-way and easement� have
been or may be hereafter acquired, either by purchase
of title or by condemnation, for the laying of any
conduits, supply mains, or other appliances or works
for supplying water as contemplated in this act, such
rights-of-way and easements shall be paramount, and
neither said City of St. Paul nor said County of
Ramsey nor other county or municipal body or corpo-
ration, or other corporation or person shall thereon,
use or occupy the same for any purpose other than said
purpose for which said right-of-way or easement was
or may be acquired as aforesaid except with the con-
sent of the Board, and upon such terms and in such
.
� manner as may be agreed upon with said Board of Water
Commissioners and said Board o£ Water Commissioners
is hereby authorized to make and enter into any agree-
ment in that behalf which it may deem necessary �and
expedient. ";
and,
WHEREAS, Board has installed and now maintains and carries out
other necessary operations in respect of essential and indispensable
features of its public waterworks system, hereinafter called water-
works, inclusive of but not necessarily limited to water conduits
and pipes, together with valves, vents, hydrants, roads, drainage
ways and works and other features appurtenant thereto, all of which
are located within said Premises or public lands adjacent thereto;
and,
WHEREAS, Board is willing to cooperate with City by granting
City' s request consistent with the requirement and safety of the
Board 's waterworks and other improvements, the requirements of
safety of persons and property, and subject to the rights of the
Board to be adequately compensated for the easements • provided and
the damage done to the Board's premises;
NOW, THEREFORE, IT IS MUTUALLY AGREED, By and between the �
parties hereto as follows:
(1) The Board shaTl convey temporary construction ,easements
and permanent utility easements to City for its public storm and
sanitary sewers, and public water main, as herein described:
Temporary construction easements, which will expire July 31,
1982:
2.
�• t
a. over the West 30 feet of Lot 1, Block 4, BACON &
COLEMAN'S RICE ST. ACRE LOTS, Ramsey County,
Minnesota. -
b. over that part of the North 35 feet of the South 68
feet of the E 1/2 of the SW 1/4 of Section 19, Town-
_ ship 30, Range 22, Ramsey County, Minnesota lying
Westerly of the Northwesterly right-of-way line of
the Soo Line Railway Company except the West 115
- feet thereof.
c. over the West 115 feet of the North 110 feet of the
South 143 feet of the E 1/2 of the SW Z/4 of Section
19 , Township 30, Range 22, Ramsey County, Minnesota
except that part described above as permanent utility
easement.
d. over and across the South 25 feet of the North 58
feet of Government Lot 3, Section 30, Township 30,
Range 22, Ramsey County, Minnesota except the right-
of-way of the Soo Line Railway.
e. over and across the South 30 feet of the North 63
feet of the West 578 feet of Government Lot 4,
, Section 30, Township 30, Range 22 , Ramsey County, ` .
Minnesota.
f. over and across that part of the South 40 feet of
the North 73 feet of Government Lot 4, Section 30,
Township 30, Range 22, Ramsey County, Minnesota, -
lying East of the West 578 feet thereof.
Permanent utility easement :
a. over, under and across the E 1/2 of the SW 1/4 of
Section 19, Township 30, Range 22, Ramsey County,
Minnesota lying Southeasterly of the following de-
scribed line: Commencing at a point on the West
line of said E 1/2 of the SW ]./4 distant 33 feet
North of the Southwest corner thereof; thence East
parallel with the South line of said E 1/2 of the
SW 1/4 a distance of 10 feet to the point of be-
ginning of the line to be described; thence North-
easterly a distance of 95 feet on a line which forms
an angle of 38° , when measured from North to North-
east, with a line 10 feet East of the West line of
said E 1/2 of the SW 1/4 and parallel thereto and
said line there terminating. '
3.
• ti
(2) City shall compensate Board for the full market value of
the temporary and permanent easements acquired by the City, and City
shall further compensate the Board for all damages done to the
" Board 's property due to the construction and maintenance of the
_ sewers and water main upon and adjacent to the Board's property
(but only to the extent such damages are not included in the compen-
sation for the easements) .
(3) Compensation for the easements and damages shall be r��"
determined after the City has completed construction of its project,
and shall be. approved by the Board and City. In the event the
parties cannot agree to the amount of total compensation, the Board
and City agree that the matter shall be submitted to arbitration,
which arbitration shall be governed by the Uriiform Arbitration
Act, Minnesota Statutes §572. 08 and �572. 30. The arbitration panel
, shall consist of three persons, residents of Ramsey County, and who
qualify by training and/or by experience as real estate appraisers.
The Board and City shall each select one arbitrator, and the two so
selected shall appoint the third arbitrator.
The City shall pay all expenses and fees incurred in the
conduct of the arbitration, provided that the fees of the three
arbitrators shall not exceed the sum of $100.00 for each day or
portion thereof for each arbitrator. The City shall also pay up
to $2 ,000. 00 for appraisal fees incurred by the Board.
(4) In consideration of the conveyance of the temporary
4.
. � ,.� �� '/ � G �
,ej C%
and permanent easements by the Board, City hereby agrees to be
bound by the following provisions:
a) These easements cannot be transferred or assigned by
_ City except with and according to written permission of
the Board.
' b) With relation to the installation, construction and
maintenance of or operations in respect of said public
works located within said Premises, anything not herein
explicitly provided to be furnished, done and paid for
by the Board shall be furnished, done and paid for by
City.
c) �he Board hereby reserves unto itself the right to
exercise, at all times, and without consultation with,
prior notice to, or consent of City; all its rights in
said Premises not herein or hereby expressly granted to
City, including but not necessarily limited to, the
• right to therewithin install any additional works .the
Board might deem desirable or necessary, also the right
to alter, extend, relocate or remove its works within
said Premises, and to maintain and carry out all its
operations in respect of its said works; also, the right
to permit the continued existence, maintenance and
necessary other operations in respect of any duly
authorized works of others heretofore installed within
said Premises and to authorize' others to use said
Premises and to therewithin install, maintain and
operate other works in kind, manner and extent not
• inconsistent with uses of said Premises hereby permitted
to City; also, the right at any time to' relinquish or
dispose of title or any appurtenances of title to all
or any portion or part of said Premises, subject to
the rights in said premises granted by this agreement.
d) Except if and as elsewhere herein provided, or if
and as in each instance expressly authorized by the
Board 's engineer, in writing, all constructionp
maintenance and operation of works of the Board
located within said Premises shall be performed by
and with use of materials and equipments supplied by
the Board or its contractors.
5.
. .,
� l `� � �'�
e) In respect of said public works located within said
Premises and the installation, maintenance and other
operations in respect thereof, City shall comply with �
all valid and applicable laws, ordinances, 'codes and
regulations and shall take out, maintain and pay for
all necessary licenses and permits.
f) It shall be the responsibility of City to discover
and determine for itself and to its own satisfaction and
- need with respect to any and all portions of said Premises
wherein .it desires and proposes to locate any said public
works, the character of the soils and subsurface, also the
drainage and drainage works as well as the position, size,
construction and other necessary information in respect
of works of the Board or others, if any there be located
within said Premises. Any explorations necessary to be
made within said Premises for purposes related to deter-
mining and developing the above in£ormation shall be made
only on and according to the written permission of the
Board's engineer.
g) The Board shall be under no obligation or responsibility
to act as engineer-consultant to City in any manner related
to said public works Zocated within said Premises or to any
operations in respect thereto, or to act as inspector and
report to City or to any others either as to any defect
or failure, hazard or inadequacy or otherwise relative to
said public works or as to the construction, maintenance
or other operations in respect of the same; any actual or '
implied approval by the Board or its representative in
respect of any proposed or actual construction, mainte-
nance or other operations in respect of said public works
shall not serve either to alter or extinguish or to other-
wise affect the responsibility, obligation or liability
of City in this.
h) It is understood and hereby agreed by and between the
parties hereto that any plans or data supplied by the Board I
or its engineer in respect of but not necessarily limited
to works of the Board or of others located within said
Premises are approximations only and that the Board ex-
plicitly does riot pretend or guarantee any said plans or
data to be either complete or correct.
j) Permittee hereby accepts and assumes all responsibility
for and all risk of damage to and loss or destruction of
said public works located within said Premises, except for
negligence of the Board.
6.
. . • � �� �� � � �
• •
j) Said public works located within said Premises and the
design, materials, construction, location, installation,
and the maintenance and ather operations in respect
thereof shall be in accordance with good practice and
conformed to not less than the minimum requirements
therefar set forth in applicable local, state and national
codes as well as to the pertinent provisions of this
- agreement.
. k) City shall not unnecessarily create, cause or suffer
to exist or to continue to exist, any nuisance or hazard
to persons or property within said Premises by reason of
said public works or the construction, maintenance or
other operations in respect thereof.
1) City shall not unnecessarily damage or obstruct or
cause any interference with drainage ways or drainage
works located within said Premises or unnecessarily other-
wise damage said Premises or any improvements or works of
the Board or others, and shall promptly restore said
Premises, the sod and turf and other ground cover thereof
included, and pay for or otherwise make good to the satis-
faction of the Board any damage caused to said Premises
or to any improvements or works of the Board by City or by
any reason in respect of said public works, or by any
operations in respect thereof, provided, however, that any
repair or replacement of works of the Board which might be
damaged, destroyed or rendered unsuited to the purpose
thereof by any reason in respect of City's said public
works, Ar arising out of acts of City, shall be accomplished
by the Board with its own forces or by its contractor, as
the B�ard may elect, and by use of the materials furnished
by the Board as hereinafter provided, all at the cost and
expense of City. .
m) City shall not alter said Premises or any works of the
� Board or others therewithin located except if and as pro-
vided in the plans and specifications.
n) The use of explosives of any kind or for any purpose
whatsoever within said Premises, ammunition in hand-held
impact-driver type tools included, is expressly prohibited
and not permitted to City.
o) Neither the ground cover nor the existing grade of
said Premises shall be disturbed in any manner or extent
by City except if and as shown or described in the plans
and specifications or in directions approved in writing
by the Board 's engineer; and in no case shall the ground
7
� • � /f ( Cl ��' V
in ditches or elsewhere be disturbed, either temporarily
or otherwise, at any point nearer than 2 feet to any
surface of any feature or part of any works of the Board,
except with and according to written approval of the
Board's engineer; and, except for embankments shown and
described in plans and specifications bearing approval
of the Board's engineer, or if and elsewhere herein
� explicitly otherwise provided or authorized, �n writing,
by the Board's engineer, no feature of any said public
_ works shall be located over or nearer than 2 feet in
nearest part of any of the Board's works located within
said Premises.
p) Two complete sets of plans and specifications or
directions for any said public works proposed to be
located on said Premises, each bearing the certificate
and seal of a Professional Engineer duly registered in
the State of Minnesota, shall be submitted to the Board
or its engineer well in advance of the time proposed for
commencing construction thereof. City shall furnish and
deliver two sets of "as built" plans thereof to the Board
upon completion of construction.
City shall establish permanent reference marks, to the
approval of the Board's engineer, in convenient and readily
accessible location or locations wherever said public works
is proposed to be located within said Premises.
q) The existence and use of any said public works within
said Premises, however long continued, shall not vest in �
City any rights therein adverse to the Board of the City
of Saint Paul, except as provided in this agreement.
r) City at all times shall maintain and keep said public
works located within said Premises in good condition and
state of repair and shall forthwith accomplish any such
reasonable repair and maintenance thereof which the Board
or its engineer might deem necessary and request for the
avoidance of unnecessary hazard or injury to persons, or '
unnecessary interference with ar damage to any works of the
Board or others located within said Premises.
>
s) City shall maintain and keep all portions of said Premises
which are occupied or used by City in good condition free
from litter or other objectionable matter resulting from
City's operations; and in case of termination or abandonment
of these easements, shall restore said Premises which it
has vacated to its former state or as near so as practical.
8.
". �. � '7`� � �a
t) City shall provide and assign a competent, experienced
engineer or quali,fied other inspector not an employee of
- the contractor, who shall be at the site at the time of
the installation or major repair or removal of said public
works located within said Premises, to ensure compliance
with City's approved directions and pertinent provisions
of this agreement; and no said installation or major
repair or removal of said public works shall be commenced
- or carried on except in the presence of such engineer or
inspector at the site of the work; and,
The Board shall have the option and authority of also assign-
ing its inspectors to the site at any time and for such
periods of time as the Board or its engineer deems this
necessary or exped�ient for the safety and protection of
employees or works of the Board or of other persons or
property because of any condition arising out of said public
works or from. acts or operations of City in the construction,
maintenance ,�r other operations in respect of. said public
works located within said Premises; and City agrees to
promptly reimburse the Board on its written demand therein
for all reasonable cost and expense thereby incurred by
the Board.
u) City shall indemnify and save harmless the City of
Saint Paul and Board of Water Commissioners from any and
all liability, suits or demands, including the legal defense
costs thereof, for bodily injuries, including death, or
property damages, including loss of use, arising out of
the construction, operation and maintenance of the public
sewers and water mains within the easements. This provision
. shall not, however, apply where such bodily injury or
property damage is caused by the . sole negligence of the
City of Saint Paul and Board of Water Commissioners, its
officials or its employees.
v) "Public L�iab�il�i't�� In'st�rance"
The City or its contractor shall take out and maintain
during the life of the contract, naming the Board and City
of Saint Paul as additional insureds, comprehensive public
liability, including automobile, insurance for and in
behalf of himself that will protect the Contractor from
claims for damages and bodily injuries, including accidental
death, as well as from claims for property damage which may
arise from operations, all owned, leased and non-owned
vehicles, incidental to the contract, including collapse
or structural injury to buildings or structures, or both,
9..
.. � , - . �'7 �� �'�
and damage to underground facilities of any kind, whether
such operations be by the Contractor or by any Sub-
Contractor or by anyone directly� or indirectly employed
by either of them. Such insurance shall also include
"Contractual Liability" coverage and shall insure the
liability assumed under the indemnification clause
_ contained in this contract. The minimum amounts of such
public liability insurance shall be as follows:
- Bodily injury insurance, including death, in an
amount of not less than $250, 000.00 for all damages
arising out of bodily injuries to or death of one
person, and subject to the same limit for each
person in a total of not less than $500, 000.00 on
account of any one occurrence.
Property damage insurance in an amount of not less
than $150,000.00 for all damages to or destruction
of property in any one occurrence, and subject to
that limit per occurrence; further subject to a total
of not less than $200, 000. 00 for all damages to or
destruction of property during the policy period.
w) Should City determine to discontinue the use, maintenance
or other operations in respect of any said public works
located within said Premises, such determination shall
constitute an abandonment thereof and of the permission
herein and hereby granted, and City shall promptly notify
the Board of such determination, whereupon City, if so
authorized and requested, in writing, by the Boar�d or its
engineer, shall proceed, either to take up and remobe any
said abandoned works located within said Premises and
thereafter forthwith restore said Premises to their original
state, or, with the written consent or direction of the
Board's engineer, shall disconnect said abandoned public
works at the points where the same enters and leaves said
Premises and abandon such disconnected portion thereof, in
place, within said Premises. City shall release by quit-
claim deed any interest it may have acquired in the
premises in the case of abandonment of all or a portion
of the easements. No compensation shall be du� City for
any said abandoned public works located within said Premise�.
x) In any case where any said public works is located
underground within said Premises, and the existence, kind
and location of the same is obscure, City shall provide
and install and at all times maintain in good condition,
approved durable metal signs stating the existence, kind
and location of said public works; and, in any such case,
10. '
��� �� � z �� �� ��
a competent description of the kind, location and
deviation of said underground public works shall be
clearly set forth in the pertinent "as built" plans.
y) City shall at its own expense and to the satis-
faction of the Board 's engineer, establish or locate
� the Board 's property line monuments and shall re-
establish the monuments.
z) City shall at it`s own expense periodically in-
spect and clean out and remove deposited sediment
from the storm water retention and sediment holding
pond; shown on plan sheet 13.
This Agreement is made and executed pursuant to and under the
authority of a resolution approved by the Board of Water Commission-
ers of the City of Saint Paul the day of ,
1981, and of a resolution of the City Council of the City of Saint
Paul, C. F. No. , approved the day of ,
1981, and of a resolution adopted by the Council of the City of
Vadnais Heights the day of , 1981, certi-
fied copy of each said resolution being annexed hereto and by this
reference incorporated herein and made part hereof the same as if
set forth herein verbatim. �
�
BOARD OF WATER CO ISSIONERS
Form proved: OF THE CITY OF SA NT PAUL
Assi ant C tt ney Presi ent
Approved: Secretary
General Manager Director, Department o Finance
and Management Services
11.
: •
. �
Form Approved: CITY OF VADNAIS HEIGHTS
Vadnais Heights City Attorney Mayor
City Cler
I
12.
CITY OF ST. PAUL No._ ��
OFFICE OF THE BOARD OF WATER COMMISSIONERS � ������
RESOLUTION —GENERAL FORM
PRESENTED BY L�'�.p sTi�lO �T� �.95�.
COMMISSIONER — DATE �—_----
��
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�d ant ap�o�r�ad D�► � �o�» _
STATE OF MINNESOTA
COIINTY OF RAMSEY sa. !
CITY OF SAINT PAUL
I, Allen J. Coulter, Acting Secretary of the Board of Water Commissioners of the Cit
of Saint Paul, do hereby certify that I have compaxed the above copy of a resolution of e
said Board as adopted by the Board on June 17, 1981, with the original thereof on file '
my office and that said copy is a true and correct copy of said original and the whole t ere-
of. •
Witness the seal of the Board of Water Commissioners of the City of Saint Paul this 22
da.y of June, 1981.
tin� Secretary
_— �-�_
_____
��IQil�t �A! .
4 a � '
In favor— Opposed
�5-66 � M V �.SEC.Y.
� i- �
.j
� +�+ N ��`.3V Rev01: g/8/7 5
Rev. : 5/7/8
Rev. : 4/30/ 1
EXPLANATION OF ADMINISTRATIVE ORDERS, RE,C�,IV�
RESOLUTIONS AND ORDINANCES
JUL `3 11981
Date: August 3, i9si MAYORS U�i=�C
T0: �yor George Latimer
FROM: Elmer A. Huset, General Manager, Saint Paul Water Utility ���
RE: Council Resolution for agreement execution
ACTION REQUESTED:
The City Council is requested to pass the attached resolution authorizing
execution of the attached agreement between the Board of Water Com�issioners
and the City of Vadnais Heights.
PURPOSE AND RATIONALE FOR THIS ACTION:
The City of Vadnais Heights has requested that the Board of Water Commissioner and
the City of Saint Paul grant it temporary and permanent easements and the atta hed
agreement approves the method of compensation and authorizes the easements.
FINANCIAL IMPACT:
None, the Board and City will be compensated for any damages by the agreement
with the City of Vadnais Heights.
ATTACHMENTS: 1. Proposed City Council Resolution
2. Agreement
3. Board of Water Commissioners Resolution No. 3150