263491 WMITE - CITV CLERK
PINK - FtNANCE
CANARY �D�PARTMENT GITY OF SAINT PAZTL CO1111C11 263491
BLIIE - MAYOR File NO.
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul does
hereby concur in the recommendation of the City Attorney in regard
to the condemnation by Independent School District No. 625 of
portions of street known as La.ngford Park East, and the City
Attorney is authorized to enter into a Stipulation of Settlement
with the School District on behalf of the City of Saint Paul.
COUNCILMEN Requested by Department of:
Yeas gutler Nays
Konopatzki _� [n Favor
Levine
Meredith � B
Roedler Against Y
Tedesco
President Hunt
MAY 1 p �g74 Form Approved City tto y
Adopted by Council: Date
Cgrtified P o ncil Secretary J BY
Y
Appro by Mayor: Date 1 � �� Approved by Mayor for Submission to Council
By BY
�= MAY 974
. P118LtSNED
. � } � �� 3 �. �
`
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
Ma.y 9, 1974 R. SCOTT DAVIES
Members of the Council of
the City of Saint Paul
Re: Condemna.tion of Street Identified as La.ngford Park East
Independent School District No. 625
As stated in an earlier report, Independent School District No.
625 is condemning the street identified as La.ngford Park East
for the purpose of extending their school grounds into the
street area. A hearing was held before the Court-appointed
commissioners for the purpose of determining the damages to be
pa.id by the School District for the taking of the street.
Following this meeting the City Attorney' s office, together
with the attorney for the School District� met with the City
Administrator to attempt to work out a satisfactory settlement
as to the amount of damages. The School District proposes to
dedicate or convey to the City of Saint Paul for no compensa-
tion future abandoned school sites which are deemed necessary
by the City for public purposes. The School District ha.s pro-
posed to acquire the street in this condemna.tion proceeding
and not be required to pa.y dollar compensation for the taking;
subject, however, to the City of Saint Paul retaining utility
easements within the condemned street for sewer and water pur-
poses, with restrictions and conditions imposed upon the School
District.
For the �urpose of a�complishing this result, the School
District s attorney ha.s prepa.red a proposed Stipulation of
Settlement. A copy of the Stipulation of Settlement is attached.
I request approval of the City Council to enter into the pro-
posed Stipulation of Settlement. If the Council approves the
proposed settlement, I will then execute the stipulation on
beha.lf of the City of Saint Paul and submit it to the attorney
for the School District for their approval.
Respe ful su itted
J J
Assis t Ci At ne
JJS:e City Hall, Saint Paul, Minnesota 55102
Encls .
cc:City Administrator
Mayor Cohen 612 298-5121
Cliff Hamblin/Wm. Donovan/Thomas Kelley
� Richard Battis/
, � ..s � � � � �
♦ '
CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
Ma.y 9, 1974 R. SCOTT DAVIES
Members of the Council of
the City of Saint Paul
Re: Condemnation of Street Identified as La.ngford Park East
Independent School District No. 625
As stated in an earlier report, Independent School District No.
625 is condemning the street identified as Langford Park East
for the purpose of extending their school grounds into the
street area. A hearing was held before the Court-appointed
commissioners for the purpose of determining the damages to be
paid by the School District for the taking of the street,
Following this meeting the City Attorney' s office, together
with the attorney for the School District� met with the City
Administrator to attempt to work out a satisfactory settlement
as to the amount of damages . The School District proposes to
dedicate or convey to the City of Saint Paul for no compensa-
tion future abandoned school sites which are deemed necessary
by the City for public purposes. The School District ha.s pro-
posed to acquire the street in this condemnation proceeding
and not be required to pa.y dollar compensation for the taking;
subject, however� to the City of Saint Paul retaining utility
easements within the condemned street for sewer and water pur-
poses, with restrictions and conditions imposed upon the School
District.
For the �urpose of a�complishing this result, the School
District s attorney has prepared a proposed Stipulation of
Settlement. A copy of the Stipulation of Settlement is attached.
I request approval of the City Council to enter into the pro-
posed Stipulation of Settlement. If the �ouncil approves the
proposed settlement, I will then execute the stipulation on �
beha.lf of the City of Saint Paul and submit it to the attorney
for the School District for their approval.
Respe ful sub itted
i
J J
Assis t Ci At ne
JJS:e City Hall, Saint Paul, Minnesota 55102
Encls .
cc:City Administrator
Mayor Cohen 612 298-5121
Cliff Hamblin/Wm. Donovan/Thomas Kelley
Richard Battis/
� , : .. ._: . a �=- __ _ _
NONE _ _. _.. _.__ __ __�-
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STXTE OF MINNESOTA DISTR�CT COURT
COUi�TTY QF RAMSEY SECOND JUDICIAL DISTRICT
Independent School District N:o: 625, .
Petitioner, ,
-v��.. STIPULATION OF
� SETTLEMENfi
City of Saint Paul, a municipal
corporation and John Doe and other
unknown persons, _
Respondents.
WHEREAS, :tYie Petitioner herein and the Resgondent, :
Cit�r of Saint Paul, desire to facilitate a settlement of said
eminent domain action previously commenced by Petitioner, and
WHEREAS, the Petitioner and Respondent, City of Saint
Paul, are desirous of reaching agreement as to the value of the
lands to be taken, _and
WHEREAS, it is contemplated that said lands as described
in said proceeding will continue to be used for public purposes
by both Petitioner and Respondents, ,
NOW THEREFORE, i,t �is :herewith agreed by and between
th.e Petitioner and Respondent, City of Saint Paul, as follows:
1. That the parties hereto agree that in consideration.
for future conveyances by Independent School District No. 6.25
to the City of Saint Paul for nominal consideration, the Respondent,
City of Saint Paul, waives any claim for compensa-L-ion arising out
of this proceeding and requests that the court appointed
Commissioners file an award fixing damages to Respondent, City of
Saint Paul, .in the amount of
NONE .
2. That said emii�erit' domain proceeding and any deeree .
rendered hereunder shall be subject to and include the following
restrictions and conditions:
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A. A permanent utility easement for sewer and water-
_ main purposes over Ldngford Park East and Doris
Square Iying between the extended northerly line
of Lot 1, Block 36, St. Anthony Park, Minr�. and
a line drawn parallel to and 66 feet northwesterly
of the northwesterly line of Block 42, St. Anthony
Park, Minr�. ; �said easement to be subject to the
. following restrictions and conditions:
1) That no building or other permanent structures
will be allowed within the easement area.
2) That no change in the existing street, grade
or street resurfaci:ng be permitted within the
. easement area without the written permission
of the Water Department and from the Director
of th.e Department of Public Works.
. 3) That the Independent School District, at its
own cost and expense, barricade, obliterate,
rebuild and/or .revamp the street and the
street intersections to include the relocation
of three existing catch basins, .the construction
of new curbing, boulevards and sidewalks across
the herein described street, all to the satis-
faction of the Dixector of the Department of
` Public ��lorks.
4) That the Independent School Distri:ct No. 625
should reimburse the Water Department for
fire hydrant relocation in . the event said
, relocation is necessary.
5) That the Independent School District iVo. 625,
. its successors and assigns, .should fully
indemnify, defend and save harmless the Board
of Water Commissioners, its officers, agents,
employees and servants, from all suits, actions
or claims, which shall arise from any injuries
or damages received or sustained by any person, .
persons or property, by any break or leak in
. any service pipe, water main or connection in
said easement.
B. Any relocation of the existing utilities would be .
at �the School District's own cost and expense and
�done with the written agproval �and to the satis-
faction of the respective departments.
C. The Independent School District No. 625 should
reimburse the Department of Public Works for costs
incurred in the removal of the four. existing orna-
mental lighting standards located within that part
. of Langford Park East herein described, including �
the necessary rerouting of any circuitry.
IN WITNESS WHEREOF, .the parties, .through their res-pective
counsel, have executed this Stipulation of Settlement this ' �
day of. . . . . . . . . . . . � 1974.
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INDEPENDENT SCHOOL DISTRICT N0. 625
By . . . . .
� Richard J. Battis
Attorney for Petitioner
CITY OF SAINT PAUL
By . . .
Jerome J. Segal
Attorney� for Respondents
. _ ..____ __
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S`1'AT�. OF KI'JiJGSOTA DISTRI^.T COUR�
COUNiYT OF Ft1��15.x'.Y S:�COiSD JtiD2CIAL DI.�'.itRICT
Indepenc3ent School District No. b25,
Petitioner,
-vs- At�ARD
City of �air_t Paul, a r,�unicipal
cozporatian and John Doe an�l other
unscnown persens,
R�spondents.
• _ �
The Co:nraissioners herein��--tbased upon the Stipulation ,
� 7
. � .. ' � f. . . .. : . .
. . � . :\ . � . " . � . .
of counsel for the pari:ies herewith `find, fix and assess the �
danages : to �esp�ndent, City of Saint Paul, in the amount of �
i30��fE .
, _..__
That they have hel�l,.::aah�aring and justly perfornied their duties �
accorciing t� law and have been �n��aged as Cor.unissioners hereunc�er
ror a ' total of days. _ ,
. Datec� this czay of , 1974. � ,
. �
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��� 26349�
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
Independent School District N.o. 625,
Petitioner, .
-vs- STIPULATION OF
SEZ'TLEMENT '
City of Saint Paul, a municipal
corporation and John Doe and other
unknown persons,
Respondents.
WHEREAS, .the Petitioner herein and the Respondent,
City of Saint Paul, desire to facilitate a settlement of said
eminent domain action prev�ously commenced by Petitioner, and
WHEREAS, the Petitioner and Respondent, City of Saint
Paul, are desirous of reaching agreement as to the value of the
lands to be taken, and
WHEREAS, it is contemplated that said lands as described
in said proceeding will continue to be used for public purposes
by both Petitioner and Respondents, ,
NOW THEREFORE, it �is herewith agreed by and between
the Pet�.tioner and Responctent, City of Saint Paul, as follows:
1. That the parties hereto agree that in consideration
for future conveyances by Independent School District No. �625 �
to the City of 5aint Paul for nominal consideration, the Respondent,
City of Saint Paul, waives any claim for compensation arising out
of this proceeding and requests that the court appointed
Commissioners file an award fixing damages to Respondent, City of
Saint Paul, in the amoun� of -
NONE '
2. That �aid eminent domain proceeding and any decree
rendered hereunder shall be subject to and include the following
restrictions and conditions:
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� 26�491.
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A. A permanent utility easement for sewer and wa�ar-
� main purposes over Langford Park East and Doris
8quare lying between the extended northerly line
of Lot 1, Block 36, St. Anthony Park, Minn. and
a line drawn parallel to and 66 feet northwesterly
of the northwesterly line of Block 42, St. Anthony
Park, Minn. ; said easement to be subject to the
following restrictions and conditions:
1) That no building or other permanent structures
will be allowed within the easement area.
2) That no change in the existing street, grade
or street resurfacing be permitted within the
� easement area without the written permission
of the Water Department and from the Director
of the Department of Pub lic Works.
' 3) That the Independent School District, at its
own cost and expense, barricade, obliterate,
rebuild and/or .revamp the street and the
strset intersections to include the relocation
of three existing catch basins, the construction
of new curbing, boulevards and sidewalks across �
the herein described street, all to the satis-
faction of the Director of the Department of
' Public Works.
4) Tha�t the Independent School District No. 625
should reimburse the Water Department for
fire hydrant relocation in the event said
` relocation is necessary.
5) That the Independent School District No. 625,
. its successors and assigns , _should fully
indemnify, defend and save harmless the BQard
of Water Commissioners, .its officers, agents,
employees and servants, from all suits�, actions
or claims, which shall arise from any injuries
or damages received or sustained by any person�
persons or property, by any break or leak in �
any service pipe, water main or corinection in
said easement.
B. Any relocation of the existing utilities would be
.at the SchooT District's own cost and expense and
done with. the written appr:oval and Lo the satis-
faction of the respective departments.
C. The Independent School Districf N.o. 625 should
reimburse the Department of Public Works foz costs
incurred in the removal of the four. existing orna-
, mental lighting standards located within that part .
of Langford Park East herein described, including
the necessary rerouting of any circuitry.
IN WITNESS WHEREOF, .the parties, f.hrough their respective
counsel, have executed this Stipulation of Settlement this � � _
daX of. . . . . . . . . . � 19 74.
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- -2-
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. 263491 - .
INDEPENDEPdT SCHOOL DISTRICT NO. 625
By . . . . . .
- Richard J. Battis
Attorney for Petitioner
CITY OF SAINT PAUL
B.y . . . . . . . .
Jerome J. Se:gal
_ Attorney for Respondents
___. __ ._. ..._ -- - _.._____ __.- ----__ -- _. .______. ____._ _.._ _
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