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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 _ _. _.. _.__ __ __�- _ ; , , . :__..._. _ __:_.� -- �..---_�_�._.__�_..-----�w.�,.�.��__----_ _ _ _�.:_.._�.._._�..v.�...�.�...�.�..,...,.:..._...._: _ _. __.._._ . _.:, ._ .,,�,. ��. .:_... .�, • 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: __..�,... ,..,,.�._ _.,_.-- ---.._.___ __._,_- -- -- . _.___. _ -- -_�__ __ '�, _ _ _ ` _--- - : y�.r.... � � _ �. ;I ,t� y}14I��'.n . .HV" t�t. .I _ ;:�.. � ..-f"u � i:�fi'�R�t.t.� 'f�.�N^+�Y�,4��.. .�'' '..�fi - � �1 �S9t!�e�. �J"M::i tk , � �. : .'^ �.. . . � -� , � .qu . . .. r . .�. ' .�- , . • . ..� �. .. - .- .� � � � � - � + _..___ _ _._,._ .. _ . _ ...._.. _�_..____...�__�_..__ __ .__..._... __._.,:._.,_.____._.__ ---_.�__ _.._ _ 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. . -2- -- -- ---- _. _ _ _.. . .. , __ _ __ __.. _ . _ _ __.._.. _.._.. _____._.__�__.__, _,._____ _- - . ._. ___---- -.. , _ �� . . , .?F��s; .•,_ _ "- ^ " .. . , , : �, ... � _;.:� . — -- t '' .t. 3. ����"''Y �E� x^S � � - r _._ _. _ __. _.. �_ . _ . , .�._� _..__. ,_.._.. . _� ---_._._ _.__ _ .. ._..__._._ _._.._.__`... , ,• ' - - . INDEPENDENT SCHOOL DISTRICT N0. 625 By . . . . . � Richard J. Battis Attorney for Petitioner CITY OF SAINT PAUL By . . . Jerome J. Segal Attorney� for Respondents . _ ..____ __ _.._.. ._._.__ .__ __ . __ --_ ... ____.___ . --__-------__ -___.. __---- ---_ _ _-- - --_----_------- - - . -- _ _ _� 1 � ' � • ` �Y� '.�I 4 .. .i4°���.. . .. K.-'�•ar:. . .. � . - � = �r.�'-;:'s� kt.'!iz.>.a.."1,�E .x,« . � .a:.. �..,� _ . - _ �;.< 'wy.. � e , , � � . ^ R . � , 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. � , . � _ _ _ . _ . _ . � . ' � . � . ' K�-.} � s � t , _': . ... .- . . �. : . _� �i� ;-. ♦ . . � _ t, }'rv y }SC � . . .; ... . , . ,� . .: ' � �:� { . ` X '.' .. � . .. . . . ,�� .� � : t y � . �:._ _.. .. ... � �. _ . .. ..t^�.,. . �.. . .� - .... . � . .-r . .. � .. . � _J.r,�_'4LT. . t . . . . .� � . . f.�^ � � . . - ' . . ��� 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: -- - . ..., _...._.:_ . ___. ._____-- _____ _ .._._ _.___ .__ . _ __ ..�.__ _.__ ___- - . _ _ _ _ -_ - -- --- - ------- --- -----_.__ _..... , , _ _ __I _ , . _ ���-= - 2a ., �.% < . �a. . �� - �.r�.: - - ., �-�,�� ��� , . . � , � _ �� . ._-__ __.,.. _._- ---- � 26�491. ..:-�,. . . . . . . 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. � - -2- --:_�_ ____.___. .____ ..._ ___.__ ___ _ . ._ _ _ ___.._._. _.�__�_._ _--_ ._- ------ , -------------- __--__ -- __ _ . . ..._.,- - -.. _ -� � '.`3.�� . . , . , . . . �- .�. �G 4. ,f ",3rv'-' =� y'F.�.��,.I . .r-.: ,. ' .r '. . . , . ... . . . ^:; r, _.. .. .:..: � ,....�^ f ' � . , .,a. . .. , . . .. _� �.i— R.a`,. �. ::' n., �. � � �� _ ' _.,._... _.�. .>_. ..,._._.----_ _---__. r -� . _ _..._.. _..... - - -.._ ._ -.,_.,_.__ .._ .. .._ L r . ,� � � . . � . . � . .. . 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 ___. __ ._. ..._ -- - _.._____ __.- ----__ -- _. .______. ____._ _.._ _ . , , . � x:= s»�'�. �` `� � � =± " - . . . ' :,���-I -, ,. . . .. , ,_ _ _. . . .. . — , _ �