01-1185Retum copy to: BJE
Real Estate Division
140 City Hall
RESOLUTION
Presented By
Referred To
Council File # o � . \�YS
Green Sheet # 111605
WHEREAS, the City of Saint Paul ("City") desires to acquire a permanent easement for sewer purposes
under and across a tract of land owned by Waste Management of Minnesota, Ina ("Waste
Management"), being in the County of Ramsey, State of Minnesota, described as follows:
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Section 30, Town 29, Range 22: Part beginning at the intersection of the South Line of the South
East 1/4 and extended West Line of L'Orient Street; thence West on said South Line to a point of
distance 2324.45 feet West of the South East Corner of said South East 1/4; thence North 148.04
feet; thence North 72 degrees 26 minutes 23 seconds, East 159.85 feet; thence Easterly 700.85 feet
on a 1379.71 foot radius curve concave to the South; thence South 78 degrees 27 minutes 21
seconds, East 235.48 feet; thence South to a line bearing North 79 degrees 18 minutes 53 seconds
East from a point on the extended West Line of L'Orient Street 54 feet North from the beginning;
thence South 79 degrees 18 minutes 53 seconds, West 92.3 feet; and
14 WHEREAS, the permanent easement is described as follows:
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16 An easement 35 feet wide, measured 10 feet on the North side of the center line and 25 feet on the
17 South side of the center line of the existing sewer running the length of the adjacent structure and 50
18 feet wide, measured 25 feet on either side of the center of the sewer through the parcel; and
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20 WHEREAS, the City and Waste Management have prepared an easement agreement for this purpose
21 (attached as E�ibit "1"); and
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23 WHEREAS, the City and Waste Management have executed a dedication of easement agreement
24 (attached as E�ibit "2") to aliow the City to acquire the sewer easement from Waste Management; now,
25 therefore be it
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27 RESOLVED, that the Saint Paul City Council authorizes the proper City officials to execute said
28 permanent easement agreement; and be it further
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30 I2ESOLVED, that the Saint Paul City Council accepts the deed of dedication of easement; and be it
31 fmally
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CITY OF SAINT PAUL, MINNESOTA 4�
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RESOLVED, that the proper City officials are authorized to file said deed with Ramsey County.
Requested by Department of:
Adopted by Councii: Date '�.-,, .'Z ��n a�
Adoption Certified by Council Secretary
By: ^(\ a-. +f�. o
Approved by Mayor: Date a,�y��
BY=
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Technoloev & Manauement Services
By: `� /����92�
� Director
Form Approved by City Attorney
By:
Approved by Mayor for Submission to Council
I:
T.M.S�/REAL ESTATE DIVISION
u�Person and Phone N�6er:
Bruce Engelbrekt 266-8854
onCo�lelgendaby: Li.�7.t1.r.
# OF
COST/REVENII� BIIDGETED (CIILCLE ONE)
;TIONREQITESTED: � ��I�/��
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DUPLICATE GS / RESOLiTT`ION: To accept an agreement between the City o Sau►t aul and Waste
Management of Minnesota, Inc. to acquire a permanent sewer easement, and to auth4'3�e t����h
Ramsey County the deed of dedication of easement Reference: 1) resolutiou; 2) eas�m nt�r�r,�4t�
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deed of dedication of easement; 4) map:
pLAPIDIING COMNIISSION
(R)
STAFF
Date: October 19, 2001 Green Sheet Number: 1ll6Q5
2 EYARTMF.NT DIRT.Cl'OR 4 L1TY COUNCII. O -�+,
� 1 ITYATTORNL�Y � �TYQ�E�
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� IJDGET DIRTCTOR OFFICE OF FINAN(.7e1L S�'CS
RSONAL SERVICE CONTRACTS NIi7ST ANSWER THE F07.LOWING:
Hss the peisoNSrm ever worked mder a coMnct for Uus depaMienLR
gyg }��is p¢rson/Tirnt ever Leen a GYty employ¢e?
CIVIL SERVICE COMIYIISSION
CIB COMhIITPEE
Does this personlSrm Poavess a s1uR notnoruwll9 Posses4e16S �S'
�m
pI,ANNING
COUNCII.
OPPORTIINII'Y (Who� What, When W1�ere. WhY�)�
�s xo
YES PIO
YES NO
A city storm sewer exists under and across Waste Management's property. The City now seeks to eaecute
a permanent easement agreement and deed for t6e sewer easement.
APPROVED:
The City wi}I acquire, at no cost, the necessary sewer easement.
IF APPROVED:
OFFiCE
�DVANTAGESIFNOTAPPROVED:
The City will not have a lega[ easement for the storm sewer on Waste Management's property.
OTALAMOUIVTOFTRANSACI'ION' $O.(�
NDING SOURCE: N/A
pNC[plL INFpILMATION: (EXPLAIN)
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ACTIVITY NUNIBER:
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N/A
YES NO
Exti�bit 1
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STORM SEWER EASEMENT AGREEMENT
This Agreement ("Agreement") is entered into this day of , 2001,
by the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota (the
"City"), and Waste Management of Minnesota, Tna (WMMI), a corporation under the laws of the
State of Minnesota.
WHEREAS, WMMI is the fee owner of the properiy described as follows:
Section 30, Town 29, Range 22, Ramsey County, Minnesota: Part beginning at the
intersection of the South Line of the South East 1/4 and extended West Line of L'Orient
Street; thence West on said South Line to a point of distance 2324.45 feet West of the South
East Comer of said South East 1/4; thence North 148.04 feet; thence North 72 degrees 26
minutes 23 seconds, East 159.85 feet; thence Easterly 700.85 feet on a 1379.71 foot radius
curve concave to the South; thence South 78 degrees 27 minutes 21 seconds, East 235.48
feet; thence South to a line bearing North 79 degrees 18 minutes 53 seconds East from a
point on the extended West Line of L'Orient Street 54 feet North from the beginning; thence
South 79 degrees 18 minutes 53 seconds, West 923 feet
(the "Property"); and
WHEREA5, the City desires to obtain an easement under and across the property of WMMI for
an existing storm sewer; now
THEREFORE, the parties hereto agree as follows:
1. Grant of Easement. WMMI will grant the City at no cost, a perpetual nonexclusive
easement under and across the Property substantially in the form as shown in Exhibit "A".
The City will be responsible for recording the easement.
2. Easement Restrictions. Said easement shail be subject to the following conditions:
A. No buildings, strucYures, trees or any temporary structure, material storage, fixture, or any
other objects that will prohibit normal access to utility facilities for maintenance purposes
will be permitted within the easement azea.
B. Improvements in or upon the above described easement that do not interfere with the
Grantee exercising its reserved rights may be allowed by obtaining written pernussion
from the Department of Public Works with the understanding that the restoration and
costs of such improvements shall be the sole responsibility of the petitioner, its
successors and assigns in the event the Crrantee exercises its reserved easement rights.
C. No change from the existing grade within the easement area will be permitted without
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written permission from the director of the Department of Public Works.
D. No change in surfacing within the easement azea will be pemutted without written
permission from the D'uector of the Department of Public Works.
E. WMNII assumes all responsibility for the cost of any damage to the existing storm sewer
as well the cost of any and all other claims which may arise therefrom dwing
construction of its facilities or any other subsequent action by WMMI on the site
described above.
F. WNIMI, its successors and assigns shall indemnify, defend, and save harmless the City,
its officers, agents, employees and servants from all suits, actions or claims which may
arise from any injuries or damages received or sustained by any break in the existing
sewer or in any service pipe or connection in said easement, or arising out of or resulting
from any action or negligence on the part of WMMI, its employees, agents, or business
invitees.
3. Amendments. Notwithstanding anything in this or any other agreement to the contrary, the
parties agree this Agreement can be amended, but only if the parties reduce such amendments
to writing and are fully executed by the parties. The parties make it expressly clear that no
agreement or amendments beriveen these parties shall be oral.
4. Representations. Each of the parties hereto represents to the other that it has (i) full power
and authority to execute, deliver and perform this Agreement in accordance with its terms;
and (ii) each of the parties hereto has entered into this Agreement in reliance upon the
foregoing representations.
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WHEREOF, the parties, on behalf of themselves, their successors and assigns, hereto have set
their signatures on this Agreement the first day written above.
CITY OF SAII3T PAUL
By_
Mayor
By
City Clerk
By � .C/� �
Director of Technology and Management Services
By �,
City Attorne} pproved to Form)
WASTE MAN GEMENT OF MINN SOTA, INC.
By C � �
Its �� ��c ��J���
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DEED OF DEDICATION OF EASEMENT
FOR SEWER PURPOSES
Waste Management of Minnesota, Inc., a corporation under the laws of the State of
Minnesota, Grantor, for good and valuable consideration, to it in hand paid and the receipt of
which is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to the City of Saint
Paul, a municipal corporation under the laws of the State of Minnesota, its successors and
assigns, as Grantee, a perxnanent easement for sewer purposes under and across that tract of land
being in Ramsey County, State of Minnesota, described as follows:
Section 30, Town 29, Range 22: Part beginning at the intersection of the South Line of the
South East 1/4 and extended West Line of L'Orient Street; thence West on said South Line to
a point of distance 2324.45 feet West of the South East Corner of said South East 1/4; thence
North 148.04 feet; thence North 72 degrees 26 minutes 23 seconds, East 159.85 feet; thence
Easterly 700.85 feet on a 1379.71 foot radius curve concave to the South; thence South 78
degrees 27 minutes 21 seconds, East 235.48 feet; thence South to a line bearing North 79
degrees 18 minutes 53 seconds East from a point on the extended West Line of L'Orient
Street 54 feet North from the beginning; thence South 79 degrees 18 minutes 53 seconds,
West 923 feet.
The permanent easement is described as follows:
An easement 35 feet wide, measured 10 feet on the North side of the center line and 25 feet
on the South side of the center line of the existing sewer nuuiing the length of the adjacent
structure and 50 feet wide, measured 25 feet on either side of the center of the sewer through
the parcel. - -
To have and to hold the same forever. The Grantor does covenant that it is well seized in fee of
the land and premises aforesaid, and has good right to sell and convey the same free of all
encumbrances.
That Grantor also covenants that the above granted easement is in the quiet and peaceable
possession of the Grantee. The Grantor will warrant and defend against all persons lawfully
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claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned.
It is intended and agreed that this agreement shall be a covenant running with the land and shali
be binding to the fuilest extent of the law and equity for the benefit of the public.
It is fiuther intended and agreed that this agreement and covenant shall remain in effect
without limitation as to time.
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IN TESTIMONY WHEREOF, the Grantor, Waste Management of Minnesota, Inc., a
corporation under the laws of the State of Minnesota, has caused this deed to be executed by its
duly authorized o�cers, and attested to this�day of�O�O�2001.
WAS MANAGE NT gF MINNESOTA, INC.
BY � v _�� �
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Its ��r;s.r`� �'�+�—_ / �"Y•J•`�
Y
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STATE OF MINNESOTA )
COUNTY OF RAMSEY
The fore oing was acknowledged before me this � day of
, 2001, by 6r " �pU and
the Y��.U.d/� and
of G�� / �(�/iYi� �i�r _� .
0
Notary Public
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This instriunent was drafted by:
Real Estate Division
Department of Finance & Management Services
Room 140 City Hall
Saint Paul, MN 55102
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