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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 �—_---- �� V�S* �'A� Ci1� o! ��a 8�l� �/ iw�Mltt�l 1I�1►t t1N �oa�d 0�' �a�ot �ai.oa�s �m� y�d,sriaa 1� �rw�r �! ��► �i �! s+wrs� �d Mat�ae raie �!� !'aae 1�► oar�rttvr ot �atf� as�� �oaaa �wo�aars �ad s piaLlio r�►i+�ar �ais, is � �aararbr ]� ! !at 1��wt Ci#�r +�t �i�,i,� B»�i�s, soD��st 10 pq� �!o � Do�d aq�d Ci�' +�' �w1st A�2 #!r� �al� ot �r � �:r � art at !� p� �'ar �o�o,trrd 1� � �f art _ � '�Lf, '1'!� � Iwr s�w�t�ad ial�io� 1�e! 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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