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00-644ORIGINAL Council File # 00 — ro yy Green Sheet # ( DZ `�j0 j RESOLUTION ,/�' �I'TI�' OF SAINT PAUL,IVIIl�iNESOTA a� Presented By �� p�(.J�_, �,( � T Referred To Committee: Date 1 WIIEREAS, the City of Saint Paul, Deparhnent of Public Works, is currently developing an improvement and 2 extension of the Mississippi River Trail - Wamer Road Segment, also known as the Warner Road Bike Trail, 3 pursuant to Public Works plan S.P. No. 164-090-04; and 4 5 WHEREAS, this project will provide a good connection of bike trails for bicycle commuters and recreational 6 bicycle riders in Saint Paul and the surrounding region; and 7 8 WI-IEREAS, in order to complete such improvements the City of Saint Paul must enter into agreements and 9 obtain consent from the owners of easements and other property interests upon which the project encroaches; 10 and 11 12 WHEREAS, a copy of one such agreement with the Metropolitan Council is attached hereto and before the City 13 Council as an example; now therefore, be it 14 15 RESOLVED, that the Director of Public Works and the City Attorney, or their designees, are hereby authorized 16 to execute and enter into all such agreements on behalf of the City of Saint Paul as required to compiete this 17 development of the Mississippi River Trail - Wamer Road Segment bike trail. 18 19 „�.�H�w��o«HS,u�,,.� ,,�,�.A, by Deparkmeat of: t,�„ i . � ...s�_ Porm Approved by City �7 60 By: u \ �� -�_ Approved by %ayor: Date By. Adopted by Couacil: DaCe �C� � � a� a� Adoption Certified by Counci[� Se =tary Approved by Mayor for Submission to Couacil HY: V` Y i-� ��'vVW v�� )EPARTMENVOFFlCE/COUNCIL DATE INITIATED 102809 Public Works ( s-2�-oo GF�E�N SHEET No 17 UST BE ON COUNCILAGENDA BY (DAT� ASAP / Julv 5. 2000 TO7AL # OF SIGNATURE PAGES � o2Fn�i�croa � 4�cmcouNCi� _ ASSIGN D NUMBERFOR CRYATTORNEY �CIiYCLERK NOVfING ORUEN FlNANCIAISEAVICESDIR. �FM.SERViCESiACCT. � MAYOR (OF ASSISTANi)� � DIVISION MANAGER ��W�N � �DICKHUPERT/ACCT. (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION flEQUE51ED Authorization to execute and enter into any agreements or easements with owners of property or easements upon which this project will encroach. RECOMMENDATIONS: Approve (A) or Reject (R) PLANNING COMMISSION CIB COMMITTEE _ CIVIL SERVICE COMMISSION A Staff PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firm ever worked under a contract for this department? YES NO 2. Has this personffirm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current city employee? YES NO Explain aIl yes answers on separate sheet and attach to green sheet INRIATING PROBLEM, ISSUE, OPPORTUNITY (WHO. WHAT, WHEN, WHERE, WH`n: Public Works plans to improve a portion of the bike trail along Warner Road, as part of the Mississippi River Trail - Warner Road Segment, S.P. 164-090-04. ADVANTAGESIFAPPROVED Trail construction can proceed as planned this summer. DISADVAMAGES IF APPROVED. None. ��r DISAOVANTAGES IF NOTAPPROVED: Trail construction cannot proceed. TOTALAMOUNTOFTRANSACTION PUNDING SOURCE L)�It � �/ �(�oo COSi/REVENUE BUDGETED (qfiCLE ONE) ACTIVfTY NUMBER YES r+o FINANCIAL INFORMATION: (EXPLAIN) 00 �(�y`l CONSEN'T TO ALLOW ENCROACHMENT ONTO SAI�IITARY SEWEREASEMENTS The Metropolitan Council, a public corporation and political subdivision of the state, (successor to the Metropolitan Waste Control Commission), being the holder and owner of a sanitary sewer easement dated December 11. 1984 and recorded on December 27 1984 , as Quit Claim Deed Document No. 2248147 in the office of ihe County Recorder in and for Ramsey Countv, Minnesota, covering the premises lying and being in Ramsev County, NTinnesota, and described in the easement description attached hereto and labeled as E�ibit A: in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the encroachment onto that certain easement between the owner of said properry and the Metropolitan Council described on E�ibit A attached hereto. The encroachment pemritted by this Consent is described as follows: l�Tississippi River Trail Extension along Wamer Road, 330 meters west of Childs Road and Fish Hatchery Road. Removal of existing bituminous walk and fencing; conshuction of new trail, omamental railing, retaining walls; and grading for said construction. This Consent does not allow the encroachmern onto the pipe owned by the Metropolitan Council to be used for any purpose other than the purpose described herein. -i- 00 _�yy The Metropolitan Councl and The City of St. Paul a 1VTinnesota Municio� [ i_nrporation (rc:.�*ed to as "The Cit}�' in the remauider ofthis document�, its successors and assigns, through its representative , hereby agree that said encroachment shall be subject to the following conditions: 1. The Citv . its successors and assigns, will indenu�ify, save and hold the Metropolitan Council l�am�less from and against any loss, cost, or expense incurred by the Metropolitan Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attomeys fees, which arise out of or are claimed to have arisen out of the encroachment on or use ofthe pipe azea by _ the Citv , its successors and assigns. 2. The City , its successors and assigns will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of any consmiction. 3. The City , its successors and assigns, hereby agree that it will ensure its contractor's and subcontractor's compliance with all applicabie safety standazds pertaining to worlang in the atmosphere of sanitary sewers. Attention is specifically directed to the confined rules adopted by the Minnesota Departsnent of Labor and Industry Regulations, Parts 5205.1000 through 5205.1040 and 5207.0300. 4. The Citv , its successors and assigns, hereby agree that the removal of the existing bituminous walk and fencing, and grading and conshuction of the trail, retaiiilng wall and ornamental railing will be in accordance with construction plans prepazed by The City of St. Paul Deoartment of Public Works and dated on June 20. 2000 . 5. The Citv , its successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall haue access to the azea covered by this encroachment for purposes of repair or maintenance of said sanitary sewer Pipe No. 7�-OS at all times. Tmprovements shall be designed to carry the loads of typical maintenance vehicles. 6. The City , its successors and assigns, will pay for repair or replacement of any damage to or destruction of Metropolitan Council's facilities, which damage or destruction arises from or is attributable to the encroachment described in this consent. 7. Should the Metropolitan Council find it necessary to remove or disturb in any way the Dortion of the trail. omamental railine or retainin� walls which fall within the easement described herein , repair and/or removal of said improvements shall be paid for by the C�, its successors and assigns. -Z- 0 0 - c.-4y 8. Ttris a�eemen;. :,' ��II be biriding ugon and inure to the benefit of the parties hereto and their successors and assig..�s and the consent granted herein shall be perpetual and shall wnstitute a covenant running with the land. 9. The Citv shall provide to the Metropolitan Council Environmental Services full size drawings and electronic files (AutoCad 14) ofthe a$'ected azea. IN WITNESS WFIEREOF, the undersigned parties have caused this agreement to be duly executed this _ day of , Tf� CTTY OF ST. PAIJL a Mnnesota Munieipal Cornoration By STATE OF MINNESOTA } } SS COUNTY OF } On the day of before me a notary public within and for said County, personally appeared respectively named in the foregoing instrument, and that said instnunent was signed on behalf of said City of St Paul . a 1�Iinnesota Municipal _ Corporation , by authority of its and said acknowiedged said instrument to be the free act and deed of said Citv of St. Paul . Notary Public -3- 00 "-� �ty ME"T£c :POLI i: �,AI COi7NCIL,, A PUBLIC CORPORATION AIv�7 POLTITCAL SL3BDIVISION OF THE STATE Regional Administrator STATE OF MINNESOTA } } SS COUNTY OF } On the _ day of , before me a notary public within and for said County, personally appeared Regional Administrator, named in the foregomg instrument, and that said instrument was signed on behalf of said Metropolitan Council, a public corporation and political subdivision of the state, by authority of its Boazd and said Board acknowledged said instrument to be the free act and deed of said Metropolitan Council. Notary Public Apgroved as to Legal Form: 3eanne K. Matross, Attomey License No. 68615 •'• � : LuAmie Major Real Estate Specialist, Real Estate Office of General Counsel Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 (651) 602-1146 � ,�> ,Ta�,?: i � y M� No deiinquent tases and hans{er entued; Certificate of R.eal Estate � alue (�)£�led ( ) not required .. � � Certificate of Real Estate Value No. '�`�"'�' ,19—_ County Auditor � 0 � � � � ti a by STATE DEED TAX DUE HEgEON: $ EXEMPT Date: December 11 ,19 �± (overj together with all hereditaments and appnrtenances �6elon�. ��r�n�s o� exa This instrument is Exempt from Recording � 'r Fees Pursuant [o M.S.A. 3g),7p� �ITy OF Sq��, PAUL Affix Deed Tax Stamp Here By ds-vsN� �`^'�� /! ts DireetoryDe artme Financ BY a npC¢ti9'S l // �� rr Its Cit�Clerk FOR VALUABLE CONSIDEBATLQN,_ Citv o£ Saint PauY, a muaieioai v— �� , o£ the State of Minneaota on . Grsntor, hereby conveys and quitclaims to �� Contrel G i i ' v connrit,.�ed a e ti 8 �`' �a C il f �^ n �� Cra Rn r t underthelawsof_ Min esota 8e �°unt3'. Minnesota, described as follows: ' re � pZOpe � A 35 foot permanent easement for eanitary semer purpoaea over, u¢der aad aeross the following described prop�rty; _ � That part of �the Nbrthwea[ quarter oY the Northwest Quatter o£ Section 3, _� Township 28, Rauge y2� gemaey County,�Mianesota, lying Weaterly of State � Trunk Highway No. 10-61, and lying Northerly of a line begin¢ing at a po3nt � on the west line of said Northveat Quarter of the Northsves[ t�' i 304.84 feet Southerly of the northaest eorner thereof; [hen¢eSouth 42 28 minutes East, 589.45 feet; [hence South T2 degrees 48 minutea East, 532.35 . £eet; thence North 74 degrees 26 minutes East, 425.30 feet [o a point on the east liae of said Northwest Quarter o£ the Northwest Querter, distant 772.25 feet Soueherly o£ the northeast comer thereof. ; NOTARIAL of. the Citv�o under the Iaws of �sso 'This Deed is exempt from State Deed Tax _ under Minn. Stat. See. 2g7,yy(g)�� SfATE OF MINNESpTA COUNTY OF � �' The foregoine wss acknowledged yefore me this by James A, Savder_ Acrt.,,. ' o a n PauT' - - - ce of City Attorney - City pall, ' �.[ Paul, Minnesota ri� and oa oe �GKy STATE OF MINNESOTA Couniv of Ramsey � ss Offiee of the Coun,y..2ecordet 7'his is tp cen�{y U the wl;hin instrum<nt v.as filed for recq�d in thisi ry�� at St. Paul on the ..�7 � � AD. 19 _ at�o c.c.n f} the syme tvas record ��• and that Records as � in �P��Y County Doc. No.sPas!_��'i�_=' E ��E�`E F1. GlSBONS COUNTY R<�JROER I � � " �� q Rv `'� f % ' " '°'�'."� 1 of�ux�.C�v , 19� I lbwrt R. Ols ' it Clerk —�—' ' _ g mua c pa corpora[ on xe �Citv n a n♦ s.. � Tu 844mep4 fm ty� ri{ y�y�rt9 �1.�e W�aat to (iWuCa wm� �yy �y� of Gn T. F. &eegan Metropol3tan Waste Control 350 Metro Square Building Seventh � Robert S[reeta St. Paul� Minn. 55101 +wa.£DGMENT � �M1L 1Wt�vmmi WovIQ ' i Commission ENTERED IN TRANSFER RfCORD _ �a-a-6 LOU McKENNA Audita, Ramsey CouMy, Minnesoq �r F � .S� r �� , � V � — O� Mlnne9ofA UnliO+m ConveYaluing Hlanks (1'J7tl) �LKf[ n- '�-! MIIIerDeNS Co., Minnepoolia No delinquent taxes and transfer entexed; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by STATE DEED TAX DUE HEREON: $ EXEMpT Date: December ]1 , 19 $� srarF oF nnirvrvESO r — 'q --- County a{ �msey Office of }he Coun?y �?ecordar aa -��{�} ) � ) 7his is to certity t�at the wi�hin instrum=nt was fifed tor record ir� t,y� on the � d � � office at St. Paul .� r� A.D.19 at�o'c.o.:.i3t a -- �th the same was recorded in Ramsey County Records as DoC. No.��_ �` �,�? EJ�E?��. E-1. Ci3801VS COiJPV; Y ��:::J,�DER f t.� / x �1/�2�� ° � 0 � R',. I`_ ii�C-�,p �i P� � , ^�. � � m � � c�.i s's Q FOR VALUABLE CONSIDERATION, City of Saint Paul a municipal corporation of the State of Minnesota � , Grantor, hereby conveys and quitclaims to Metropolita�n Waste�� Contro omm csion. a dy , 7v� onstit�ted a y the Metrop�itan �� xiro�+ncil �r n nr� ni�P� underthelawsof __ Mtnnesota ' -- R"m`PY County, Minnesota, described as follows: —' real property in A 35 foot permanent easement for sanitary sewer purposes over, under and across the tollowing described propertq: That part of th'e Northwest Quarter o'f the Northwest Quarter o£ Section 3, ;'� Township 2$, Range 22, gemsey County, Minnesota, lying Westerly of State •�` � Trunk Highway No. 10-61, and lying Northerly of a line beginning at a point �j �., on the west line of said Northwest Quarter of the Northwest Quarter, distant ! 304.84 teet Southerly of the northwest corner thereof; thence South 42 degrees 28 minutes East, 589.45 feet; thence South 72 degrees 48 minutes East, 532.35 feet; thence North 74 degrees 26 minutes East, 425.30 feet to a point on the east line of said Northwest Quarter of the Northwest Quarter, diatant 772.25 feet Southerly o£ the northeast corner thereof. (over) �if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. "This instrument is Exempt from Recording Fees Pursuant to M.S.A. 387.77" CITY OF SAINT PAUL . _4 GL:.__Jl�_� m_—c��— _ .v - ORIGINAL Council File # 00 — ro yy Green Sheet # ( DZ `�j0 j RESOLUTION ,/�' �I'TI�' OF SAINT PAUL,IVIIl�iNESOTA a� Presented By �� p�(.J�_, �,( � T Referred To Committee: Date 1 WIIEREAS, the City of Saint Paul, Deparhnent of Public Works, is currently developing an improvement and 2 extension of the Mississippi River Trail - Wamer Road Segment, also known as the Warner Road Bike Trail, 3 pursuant to Public Works plan S.P. No. 164-090-04; and 4 5 WHEREAS, this project will provide a good connection of bike trails for bicycle commuters and recreational 6 bicycle riders in Saint Paul and the surrounding region; and 7 8 WI-IEREAS, in order to complete such improvements the City of Saint Paul must enter into agreements and 9 obtain consent from the owners of easements and other property interests upon which the project encroaches; 10 and 11 12 WHEREAS, a copy of one such agreement with the Metropolitan Council is attached hereto and before the City 13 Council as an example; now therefore, be it 14 15 RESOLVED, that the Director of Public Works and the City Attorney, or their designees, are hereby authorized 16 to execute and enter into all such agreements on behalf of the City of Saint Paul as required to compiete this 17 development of the Mississippi River Trail - Wamer Road Segment bike trail. 18 19 „�.�H�w��o«HS,u�,,.� ,,�,�.A, by Deparkmeat of: t,�„ i . � ...s�_ Porm Approved by City �7 60 By: u \ �� -�_ Approved by %ayor: Date By. Adopted by Couacil: DaCe �C� � � a� a� Adoption Certified by Counci[� Se =tary Approved by Mayor for Submission to Couacil HY: V` Y i-� ��'vVW v�� )EPARTMENVOFFlCE/COUNCIL DATE INITIATED 102809 Public Works ( s-2�-oo GF�E�N SHEET No 17 UST BE ON COUNCILAGENDA BY (DAT� ASAP / Julv 5. 2000 TO7AL # OF SIGNATURE PAGES � o2Fn�i�croa � 4�cmcouNCi� _ ASSIGN D NUMBERFOR CRYATTORNEY �CIiYCLERK NOVfING ORUEN FlNANCIAISEAVICESDIR. �FM.SERViCESiACCT. � MAYOR (OF ASSISTANi)� � DIVISION MANAGER ��W�N � �DICKHUPERT/ACCT. (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION flEQUE51ED Authorization to execute and enter into any agreements or easements with owners of property or easements upon which this project will encroach. RECOMMENDATIONS: Approve (A) or Reject (R) PLANNING COMMISSION CIB COMMITTEE _ CIVIL SERVICE COMMISSION A Staff PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firm ever worked under a contract for this department? YES NO 2. Has this personffirm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current city employee? YES NO Explain aIl yes answers on separate sheet and attach to green sheet INRIATING PROBLEM, ISSUE, OPPORTUNITY (WHO. WHAT, WHEN, WHERE, WH`n: Public Works plans to improve a portion of the bike trail along Warner Road, as part of the Mississippi River Trail - Warner Road Segment, S.P. 164-090-04. ADVANTAGESIFAPPROVED Trail construction can proceed as planned this summer. DISADVAMAGES IF APPROVED. None. ��r DISAOVANTAGES IF NOTAPPROVED: Trail construction cannot proceed. TOTALAMOUNTOFTRANSACTION PUNDING SOURCE L)�It � �/ �(�oo COSi/REVENUE BUDGETED (qfiCLE ONE) ACTIVfTY NUMBER YES r+o FINANCIAL INFORMATION: (EXPLAIN) 00 �(�y`l CONSEN'T TO ALLOW ENCROACHMENT ONTO SAI�IITARY SEWEREASEMENTS The Metropolitan Council, a public corporation and political subdivision of the state, (successor to the Metropolitan Waste Control Commission), being the holder and owner of a sanitary sewer easement dated December 11. 1984 and recorded on December 27 1984 , as Quit Claim Deed Document No. 2248147 in the office of ihe County Recorder in and for Ramsey Countv, Minnesota, covering the premises lying and being in Ramsev County, NTinnesota, and described in the easement description attached hereto and labeled as E�ibit A: in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the encroachment onto that certain easement between the owner of said properry and the Metropolitan Council described on E�ibit A attached hereto. The encroachment pemritted by this Consent is described as follows: l�Tississippi River Trail Extension along Wamer Road, 330 meters west of Childs Road and Fish Hatchery Road. Removal of existing bituminous walk and fencing; conshuction of new trail, omamental railing, retaining walls; and grading for said construction. This Consent does not allow the encroachmern onto the pipe owned by the Metropolitan Council to be used for any purpose other than the purpose described herein. -i- 00 _�yy The Metropolitan Councl and The City of St. Paul a 1VTinnesota Municio� [ i_nrporation (rc:.�*ed to as "The Cit}�' in the remauider ofthis document�, its successors and assigns, through its representative , hereby agree that said encroachment shall be subject to the following conditions: 1. The Citv . its successors and assigns, will indenu�ify, save and hold the Metropolitan Council l�am�less from and against any loss, cost, or expense incurred by the Metropolitan Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attomeys fees, which arise out of or are claimed to have arisen out of the encroachment on or use ofthe pipe azea by _ the Citv , its successors and assigns. 2. The City , its successors and assigns will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of any consmiction. 3. The City , its successors and assigns, hereby agree that it will ensure its contractor's and subcontractor's compliance with all applicabie safety standazds pertaining to worlang in the atmosphere of sanitary sewers. Attention is specifically directed to the confined rules adopted by the Minnesota Departsnent of Labor and Industry Regulations, Parts 5205.1000 through 5205.1040 and 5207.0300. 4. The Citv , its successors and assigns, hereby agree that the removal of the existing bituminous walk and fencing, and grading and conshuction of the trail, retaiiilng wall and ornamental railing will be in accordance with construction plans prepazed by The City of St. Paul Deoartment of Public Works and dated on June 20. 2000 . 5. The Citv , its successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall haue access to the azea covered by this encroachment for purposes of repair or maintenance of said sanitary sewer Pipe No. 7�-OS at all times. Tmprovements shall be designed to carry the loads of typical maintenance vehicles. 6. The City , its successors and assigns, will pay for repair or replacement of any damage to or destruction of Metropolitan Council's facilities, which damage or destruction arises from or is attributable to the encroachment described in this consent. 7. Should the Metropolitan Council find it necessary to remove or disturb in any way the Dortion of the trail. omamental railine or retainin� walls which fall within the easement described herein , repair and/or removal of said improvements shall be paid for by the C�, its successors and assigns. -Z- 0 0 - c.-4y 8. Ttris a�eemen;. :,' ��II be biriding ugon and inure to the benefit of the parties hereto and their successors and assig..�s and the consent granted herein shall be perpetual and shall wnstitute a covenant running with the land. 9. The Citv shall provide to the Metropolitan Council Environmental Services full size drawings and electronic files (AutoCad 14) ofthe a$'ected azea. IN WITNESS WFIEREOF, the undersigned parties have caused this agreement to be duly executed this _ day of , Tf� CTTY OF ST. PAIJL a Mnnesota Munieipal Cornoration By STATE OF MINNESOTA } } SS COUNTY OF } On the day of before me a notary public within and for said County, personally appeared respectively named in the foregoing instrument, and that said instnunent was signed on behalf of said City of St Paul . a 1�Iinnesota Municipal _ Corporation , by authority of its and said acknowiedged said instrument to be the free act and deed of said Citv of St. Paul . Notary Public -3- 00 "-� �ty ME"T£c :POLI i: �,AI COi7NCIL,, A PUBLIC CORPORATION AIv�7 POLTITCAL SL3BDIVISION OF THE STATE Regional Administrator STATE OF MINNESOTA } } SS COUNTY OF } On the _ day of , before me a notary public within and for said County, personally appeared Regional Administrator, named in the foregomg instrument, and that said instrument was signed on behalf of said Metropolitan Council, a public corporation and political subdivision of the state, by authority of its Boazd and said Board acknowledged said instrument to be the free act and deed of said Metropolitan Council. Notary Public Apgroved as to Legal Form: 3eanne K. Matross, Attomey License No. 68615 •'• � : LuAmie Major Real Estate Specialist, Real Estate Office of General Counsel Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 (651) 602-1146 � ,�> ,Ta�,?: i � y M� No deiinquent tases and hans{er entued; Certificate of R.eal Estate � alue (�)£�led ( ) not required .. � � Certificate of Real Estate Value No. '�`�"'�' ,19—_ County Auditor � 0 � � � � ti a by STATE DEED TAX DUE HEgEON: $ EXEMPT Date: December 11 ,19 �± (overj together with all hereditaments and appnrtenances �6elon�. ��r�n�s o� exa This instrument is Exempt from Recording � 'r Fees Pursuant [o M.S.A. 3g),7p� �ITy OF Sq��, PAUL Affix Deed Tax Stamp Here By ds-vsN� �`^'�� /! ts DireetoryDe artme Financ BY a npC¢ti9'S l // �� rr Its Cit�Clerk FOR VALUABLE CONSIDEBATLQN,_ Citv o£ Saint PauY, a muaieioai v— �� , o£ the State of Minneaota on . Grsntor, hereby conveys and quitclaims to �� Contrel G i i ' v connrit,.�ed a e ti 8 �`' �a C il f �^ n �� Cra Rn r t underthelawsof_ Min esota 8e �°unt3'. Minnesota, described as follows: ' re � pZOpe � A 35 foot permanent easement for eanitary semer purpoaea over, u¢der aad aeross the following described prop�rty; _ � That part of �the Nbrthwea[ quarter oY the Northwest Quatter o£ Section 3, _� Township 28, Rauge y2� gemaey County,�Mianesota, lying Weaterly of State � Trunk Highway No. 10-61, and lying Northerly of a line begin¢ing at a po3nt � on the west line of said Northveat Quarter of the Northsves[ t�' i 304.84 feet Southerly of the northaest eorner thereof; [hen¢eSouth 42 28 minutes East, 589.45 feet; [hence South T2 degrees 48 minutea East, 532.35 . £eet; thence North 74 degrees 26 minutes East, 425.30 feet [o a point on the east liae of said Northwest Quarter o£ the Northwest Querter, distant 772.25 feet Soueherly o£ the northeast comer thereof. ; NOTARIAL of. the Citv�o under the Iaws of �sso 'This Deed is exempt from State Deed Tax _ under Minn. Stat. See. 2g7,yy(g)�� SfATE OF MINNESpTA COUNTY OF � �' The foregoine wss acknowledged yefore me this by James A, Savder_ Acrt.,,. ' o a n PauT' - - - ce of City Attorney - City pall, ' �.[ Paul, Minnesota ri� and oa oe �GKy STATE OF MINNESOTA Couniv of Ramsey � ss Offiee of the Coun,y..2ecordet 7'his is tp cen�{y U the wl;hin instrum<nt v.as filed for recq�d in thisi ry�� at St. Paul on the ..�7 � � AD. 19 _ at�o c.c.n f} the syme tvas record ��• and that Records as � in �P��Y County Doc. No.sPas!_��'i�_=' E ��E�`E F1. GlSBONS COUNTY R<�JROER I � � " �� q Rv `'� f % ' " '°'�'."� 1 of�ux�.C�v , 19� I lbwrt R. Ols ' it Clerk —�—' ' _ g mua c pa corpora[ on xe �Citv n a n♦ s.. � Tu 844mep4 fm ty� ri{ y�y�rt9 �1.�e W�aat to (iWuCa wm� �yy �y� of Gn T. F. &eegan Metropol3tan Waste Control 350 Metro Square Building Seventh � Robert S[reeta St. Paul� Minn. 55101 +wa.£DGMENT � �M1L 1Wt�vmmi WovIQ ' i Commission ENTERED IN TRANSFER RfCORD _ �a-a-6 LOU McKENNA Audita, Ramsey CouMy, Minnesoq �r F � .S� r �� , � V � — O� Mlnne9ofA UnliO+m ConveYaluing Hlanks (1'J7tl) �LKf[ n- '�-! MIIIerDeNS Co., Minnepoolia No delinquent taxes and transfer entexed; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by STATE DEED TAX DUE HEREON: $ EXEMpT Date: December ]1 , 19 $� srarF oF nnirvrvESO r — 'q --- County a{ �msey Office of }he Coun?y �?ecordar aa -��{�} ) � ) 7his is to certity t�at the wi�hin instrum=nt was fifed tor record ir� t,y� on the � d � � office at St. Paul .� r� A.D.19 at�o'c.o.:.i3t a -- �th the same was recorded in Ramsey County Records as DoC. No.��_ �` �,�? EJ�E?��. E-1. Ci3801VS COiJPV; Y ��:::J,�DER f t.� / x �1/�2�� ° � 0 � R',. I`_ ii�C-�,p �i P� � , ^�. � � m � � c�.i s's Q FOR VALUABLE CONSIDERATION, City of Saint Paul a municipal corporation of the State of Minnesota � , Grantor, hereby conveys and quitclaims to Metropolita�n Waste�� Contro omm csion. a dy , 7v� onstit�ted a y the Metrop�itan �� xiro�+ncil �r n nr� ni�P� underthelawsof __ Mtnnesota ' -- R"m`PY County, Minnesota, described as follows: —' real property in A 35 foot permanent easement for sanitary sewer purposes over, under and across the tollowing described propertq: That part of th'e Northwest Quarter o'f the Northwest Quarter o£ Section 3, ;'� Township 2$, Range 22, gemsey County, Minnesota, lying Westerly of State •�` � Trunk Highway No. 10-61, and lying Northerly of a line beginning at a point �j �., on the west line of said Northwest Quarter of the Northwest Quarter, distant ! 304.84 teet Southerly of the northwest corner thereof; thence South 42 degrees 28 minutes East, 589.45 feet; thence South 72 degrees 48 minutes East, 532.35 feet; thence North 74 degrees 26 minutes East, 425.30 feet to a point on the east line of said Northwest Quarter of the Northwest Quarter, diatant 772.25 feet Southerly o£ the northeast corner thereof. (over) �if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. "This instrument is Exempt from Recording Fees Pursuant to M.S.A. 387.77" CITY OF SAINT PAUL . _4 GL:.__Jl�_� m_—c��— _ .v - ORIGINAL Council File # 00 — ro yy Green Sheet # ( DZ `�j0 j RESOLUTION ,/�' �I'TI�' OF SAINT PAUL,IVIIl�iNESOTA a� Presented By �� p�(.J�_, �,( � T Referred To Committee: Date 1 WIIEREAS, the City of Saint Paul, Deparhnent of Public Works, is currently developing an improvement and 2 extension of the Mississippi River Trail - Wamer Road Segment, also known as the Warner Road Bike Trail, 3 pursuant to Public Works plan S.P. No. 164-090-04; and 4 5 WHEREAS, this project will provide a good connection of bike trails for bicycle commuters and recreational 6 bicycle riders in Saint Paul and the surrounding region; and 7 8 WI-IEREAS, in order to complete such improvements the City of Saint Paul must enter into agreements and 9 obtain consent from the owners of easements and other property interests upon which the project encroaches; 10 and 11 12 WHEREAS, a copy of one such agreement with the Metropolitan Council is attached hereto and before the City 13 Council as an example; now therefore, be it 14 15 RESOLVED, that the Director of Public Works and the City Attorney, or their designees, are hereby authorized 16 to execute and enter into all such agreements on behalf of the City of Saint Paul as required to compiete this 17 development of the Mississippi River Trail - Wamer Road Segment bike trail. 18 19 „�.�H�w��o«HS,u�,,.� ,,�,�.A, by Deparkmeat of: t,�„ i . � ...s�_ Porm Approved by City �7 60 By: u \ �� -�_ Approved by %ayor: Date By. Adopted by Couacil: DaCe �C� � � a� a� Adoption Certified by Counci[� Se =tary Approved by Mayor for Submission to Couacil HY: V` Y i-� ��'vVW v�� )EPARTMENVOFFlCE/COUNCIL DATE INITIATED 102809 Public Works ( s-2�-oo GF�E�N SHEET No 17 UST BE ON COUNCILAGENDA BY (DAT� ASAP / Julv 5. 2000 TO7AL # OF SIGNATURE PAGES � o2Fn�i�croa � 4�cmcouNCi� _ ASSIGN D NUMBERFOR CRYATTORNEY �CIiYCLERK NOVfING ORUEN FlNANCIAISEAVICESDIR. �FM.SERViCESiACCT. � MAYOR (OF ASSISTANi)� � DIVISION MANAGER ��W�N � �DICKHUPERT/ACCT. (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION flEQUE51ED Authorization to execute and enter into any agreements or easements with owners of property or easements upon which this project will encroach. RECOMMENDATIONS: Approve (A) or Reject (R) PLANNING COMMISSION CIB COMMITTEE _ CIVIL SERVICE COMMISSION A Staff PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person/firm ever worked under a contract for this department? YES NO 2. Has this personffirm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any current city employee? YES NO Explain aIl yes answers on separate sheet and attach to green sheet INRIATING PROBLEM, ISSUE, OPPORTUNITY (WHO. WHAT, WHEN, WHERE, WH`n: Public Works plans to improve a portion of the bike trail along Warner Road, as part of the Mississippi River Trail - Warner Road Segment, S.P. 164-090-04. ADVANTAGESIFAPPROVED Trail construction can proceed as planned this summer. DISADVAMAGES IF APPROVED. None. ��r DISAOVANTAGES IF NOTAPPROVED: Trail construction cannot proceed. TOTALAMOUNTOFTRANSACTION PUNDING SOURCE L)�It � �/ �(�oo COSi/REVENUE BUDGETED (qfiCLE ONE) ACTIVfTY NUMBER YES r+o FINANCIAL INFORMATION: (EXPLAIN) 00 �(�y`l CONSEN'T TO ALLOW ENCROACHMENT ONTO SAI�IITARY SEWEREASEMENTS The Metropolitan Council, a public corporation and political subdivision of the state, (successor to the Metropolitan Waste Control Commission), being the holder and owner of a sanitary sewer easement dated December 11. 1984 and recorded on December 27 1984 , as Quit Claim Deed Document No. 2248147 in the office of ihe County Recorder in and for Ramsey Countv, Minnesota, covering the premises lying and being in Ramsev County, NTinnesota, and described in the easement description attached hereto and labeled as E�ibit A: in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the encroachment onto that certain easement between the owner of said properry and the Metropolitan Council described on E�ibit A attached hereto. The encroachment pemritted by this Consent is described as follows: l�Tississippi River Trail Extension along Wamer Road, 330 meters west of Childs Road and Fish Hatchery Road. Removal of existing bituminous walk and fencing; conshuction of new trail, omamental railing, retaining walls; and grading for said construction. This Consent does not allow the encroachmern onto the pipe owned by the Metropolitan Council to be used for any purpose other than the purpose described herein. -i- 00 _�yy The Metropolitan Councl and The City of St. Paul a 1VTinnesota Municio� [ i_nrporation (rc:.�*ed to as "The Cit}�' in the remauider ofthis document�, its successors and assigns, through its representative , hereby agree that said encroachment shall be subject to the following conditions: 1. The Citv . its successors and assigns, will indenu�ify, save and hold the Metropolitan Council l�am�less from and against any loss, cost, or expense incurred by the Metropolitan Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attomeys fees, which arise out of or are claimed to have arisen out of the encroachment on or use ofthe pipe azea by _ the Citv , its successors and assigns. 2. The City , its successors and assigns will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of any consmiction. 3. The City , its successors and assigns, hereby agree that it will ensure its contractor's and subcontractor's compliance with all applicabie safety standazds pertaining to worlang in the atmosphere of sanitary sewers. Attention is specifically directed to the confined rules adopted by the Minnesota Departsnent of Labor and Industry Regulations, Parts 5205.1000 through 5205.1040 and 5207.0300. 4. The Citv , its successors and assigns, hereby agree that the removal of the existing bituminous walk and fencing, and grading and conshuction of the trail, retaiiilng wall and ornamental railing will be in accordance with construction plans prepazed by The City of St. Paul Deoartment of Public Works and dated on June 20. 2000 . 5. The Citv , its successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall haue access to the azea covered by this encroachment for purposes of repair or maintenance of said sanitary sewer Pipe No. 7�-OS at all times. Tmprovements shall be designed to carry the loads of typical maintenance vehicles. 6. The City , its successors and assigns, will pay for repair or replacement of any damage to or destruction of Metropolitan Council's facilities, which damage or destruction arises from or is attributable to the encroachment described in this consent. 7. Should the Metropolitan Council find it necessary to remove or disturb in any way the Dortion of the trail. omamental railine or retainin� walls which fall within the easement described herein , repair and/or removal of said improvements shall be paid for by the C�, its successors and assigns. -Z- 0 0 - c.-4y 8. Ttris a�eemen;. :,' ��II be biriding ugon and inure to the benefit of the parties hereto and their successors and assig..�s and the consent granted herein shall be perpetual and shall wnstitute a covenant running with the land. 9. The Citv shall provide to the Metropolitan Council Environmental Services full size drawings and electronic files (AutoCad 14) ofthe a$'ected azea. IN WITNESS WFIEREOF, the undersigned parties have caused this agreement to be duly executed this _ day of , Tf� CTTY OF ST. PAIJL a Mnnesota Munieipal Cornoration By STATE OF MINNESOTA } } SS COUNTY OF } On the day of before me a notary public within and for said County, personally appeared respectively named in the foregoing instrument, and that said instnunent was signed on behalf of said City of St Paul . a 1�Iinnesota Municipal _ Corporation , by authority of its and said acknowiedged said instrument to be the free act and deed of said Citv of St. Paul . Notary Public -3- 00 "-� �ty ME"T£c :POLI i: �,AI COi7NCIL,, A PUBLIC CORPORATION AIv�7 POLTITCAL SL3BDIVISION OF THE STATE Regional Administrator STATE OF MINNESOTA } } SS COUNTY OF } On the _ day of , before me a notary public within and for said County, personally appeared Regional Administrator, named in the foregomg instrument, and that said instrument was signed on behalf of said Metropolitan Council, a public corporation and political subdivision of the state, by authority of its Boazd and said Board acknowledged said instrument to be the free act and deed of said Metropolitan Council. Notary Public Apgroved as to Legal Form: 3eanne K. Matross, Attomey License No. 68615 •'• � : LuAmie Major Real Estate Specialist, Real Estate Office of General Counsel Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 (651) 602-1146 � ,�> ,Ta�,?: i � y M� No deiinquent tases and hans{er entued; Certificate of R.eal Estate � alue (�)£�led ( ) not required .. � � Certificate of Real Estate Value No. '�`�"'�' ,19—_ County Auditor � 0 � � � � ti a by STATE DEED TAX DUE HEgEON: $ EXEMPT Date: December 11 ,19 �± (overj together with all hereditaments and appnrtenances �6elon�. ��r�n�s o� exa This instrument is Exempt from Recording � 'r Fees Pursuant [o M.S.A. 3g),7p� �ITy OF Sq��, PAUL Affix Deed Tax Stamp Here By ds-vsN� �`^'�� /! ts DireetoryDe artme Financ BY a npC¢ti9'S l // �� rr Its Cit�Clerk FOR VALUABLE CONSIDEBATLQN,_ Citv o£ Saint PauY, a muaieioai v— �� , o£ the State of Minneaota on . Grsntor, hereby conveys and quitclaims to �� Contrel G i i ' v connrit,.�ed a e ti 8 �`' �a C il f �^ n �� Cra Rn r t underthelawsof_ Min esota 8e �°unt3'. Minnesota, described as follows: ' re � pZOpe � A 35 foot permanent easement for eanitary semer purpoaea over, u¢der aad aeross the following described prop�rty; _ � That part of �the Nbrthwea[ quarter oY the Northwest Quatter o£ Section 3, _� Township 28, Rauge y2� gemaey County,�Mianesota, lying Weaterly of State � Trunk Highway No. 10-61, and lying Northerly of a line begin¢ing at a po3nt � on the west line of said Northveat Quarter of the Northsves[ t�' i 304.84 feet Southerly of the northaest eorner thereof; [hen¢eSouth 42 28 minutes East, 589.45 feet; [hence South T2 degrees 48 minutea East, 532.35 . £eet; thence North 74 degrees 26 minutes East, 425.30 feet [o a point on the east liae of said Northwest Quarter o£ the Northwest Querter, distant 772.25 feet Soueherly o£ the northeast comer thereof. ; NOTARIAL of. the Citv�o under the Iaws of �sso 'This Deed is exempt from State Deed Tax _ under Minn. Stat. See. 2g7,yy(g)�� SfATE OF MINNESpTA COUNTY OF � �' The foregoine wss acknowledged yefore me this by James A, Savder_ Acrt.,,. ' o a n PauT' - - - ce of City Attorney - City pall, ' �.[ Paul, Minnesota ri� and oa oe �GKy STATE OF MINNESOTA Couniv of Ramsey � ss Offiee of the Coun,y..2ecordet 7'his is tp cen�{y U the wl;hin instrum<nt v.as filed for recq�d in thisi ry�� at St. Paul on the ..�7 � � AD. 19 _ at�o c.c.n f} the syme tvas record ��• and that Records as � in �P��Y County Doc. No.sPas!_��'i�_=' E ��E�`E F1. GlSBONS COUNTY R<�JROER I � � " �� q Rv `'� f % ' " '°'�'."� 1 of�ux�.C�v , 19� I lbwrt R. Ols ' it Clerk —�—' ' _ g mua c pa corpora[ on xe �Citv n a n♦ s.. � Tu 844mep4 fm ty� ri{ y�y�rt9 �1.�e W�aat to (iWuCa wm� �yy �y� of Gn T. F. &eegan Metropol3tan Waste Control 350 Metro Square Building Seventh � Robert S[reeta St. Paul� Minn. 55101 +wa.£DGMENT � �M1L 1Wt�vmmi WovIQ ' i Commission ENTERED IN TRANSFER RfCORD _ �a-a-6 LOU McKENNA Audita, Ramsey CouMy, Minnesoq �r F � .S� r �� , � V � — O� Mlnne9ofA UnliO+m ConveYaluing Hlanks (1'J7tl) �LKf[ n- '�-! MIIIerDeNS Co., Minnepoolia No delinquent taxes and transfer entexed; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by STATE DEED TAX DUE HEREON: $ EXEMpT Date: December ]1 , 19 $� srarF oF nnirvrvESO r — 'q --- County a{ �msey Office of }he Coun?y �?ecordar aa -��{�} ) � ) 7his is to certity t�at the wi�hin instrum=nt was fifed tor record ir� t,y� on the � d � � office at St. Paul .� r� A.D.19 at�o'c.o.:.i3t a -- �th the same was recorded in Ramsey County Records as DoC. No.��_ �` �,�? EJ�E?��. E-1. Ci3801VS COiJPV; Y ��:::J,�DER f t.� / x �1/�2�� ° � 0 � R',. I`_ ii�C-�,p �i P� � , ^�. � � m � � c�.i s's Q FOR VALUABLE CONSIDERATION, City of Saint Paul a municipal corporation of the State of Minnesota � , Grantor, hereby conveys and quitclaims to Metropolita�n Waste�� Contro omm csion. a dy , 7v� onstit�ted a y the Metrop�itan �� xiro�+ncil �r n nr� ni�P� underthelawsof __ Mtnnesota ' -- R"m`PY County, Minnesota, described as follows: —' real property in A 35 foot permanent easement for sanitary sewer purposes over, under and across the tollowing described propertq: That part of th'e Northwest Quarter o'f the Northwest Quarter o£ Section 3, ;'� Township 2$, Range 22, gemsey County, Minnesota, lying Westerly of State •�` � Trunk Highway No. 10-61, and lying Northerly of a line beginning at a point �j �., on the west line of said Northwest Quarter of the Northwest Quarter, distant ! 304.84 teet Southerly of the northwest corner thereof; thence South 42 degrees 28 minutes East, 589.45 feet; thence South 72 degrees 48 minutes East, 532.35 feet; thence North 74 degrees 26 minutes East, 425.30 feet to a point on the east line of said Northwest Quarter of the Northwest Quarter, diatant 772.25 feet Southerly o£ the northeast corner thereof. (over) �if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. "This instrument is Exempt from Recording Fees Pursuant to M.S.A. 387.77" CITY OF SAINT PAUL . _4 GL:.__Jl�_� m_—c��— _ .v -