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02-1058Reiurn copy to: Real Estate Division 140 City Hall rresenua sy Referred To Council File # 07, � '��58' Green Sheet # 1 1'j � G 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WfIEREAS, the City Council adopted Council File #00-280 dated March 22, 2000, said resolurion being the Final Order necessary to the approval of improving Kellogg Boulevard from Wabasha to West 7th Streets with installation of a bannerllight pylon style street lighting system, identified as File No. 18906L2, and WHEREAS, Said improvements were not installed, and NOW THEREFORE BE IT RESOLVED, That said improvements be cancelled and rescinded from its Final Order. Committee: Date � -\�o T.M:SJREAL ESTATE DIVISION Date: /0�/��p2 Green Sheet Number: 113063 2 EPARIIYIQ�IT DIRECfOR CiTY COUNCII. onTaM Person and Phone NumUer: 1 ATTORNEY CLRR6 RoYanna Flink ,�r� 266-8858 � UDGET DIRECfOR .& MGT. SVG DII2. 3 YOR(ORASSISTAN7) 4 OUtvCII.xFCFeu�g ust be on Council A nda b: OTAL # OF SIGNAT[JRE PAGES '(CLIP ALL LOCATIONS FOR SIGNATURE) CTiON REQUESTED: prove the Resolution to cancel the Final Order. ouacil File No. 00-280 Finance (Real Estate) File No. 18906L2 COMhhIEENUATIONS: APPROVE (A) OR RFJECf (R) ERSONAL SERVICE CONTRACTS MUST ANSWER 1'HE FOLLOWING: . Has the person/firm ever worked under a conhact for this deparhnent? YES NO PLANNING COMMISSION A S'IAFF . Has this persodCum ever been a City employee? YES NO crva seav�ce comm�ss�oN . Does this person/Cum possess a s1Nl not normally possessed by any YES NO c� comcan�res current City employee? Fac lain all YES aaswers ou a se azate sheet and attacA. TIA1'ING PROBLEM, LSSUE, OPPORTUNITY (Who, WLat, When, WLere, WLy?): ellogg Boulevard has been completed and the banner/light pyloa street lighti system was not installed. VANTAGES IF APPROVED: orrect documentation will be on file. ISADVANTAGES IF APPROVED: R E C E I V� D one. ISADVANTAGES IF NOT APPROVED: =ricorrect documentation will be left on file RISK MANAGEiVIENT OTAL AMOUNI' OF 1'RANSACTION: COST/REVENiJE BUDGETED (CIRCLE ONE) YES NO ING SOURCE: ACTIVITY NUMBER: INANCIAL INFORMATION: (EXPLAIl� �5+carse�.rasJ E '+�^ ,�fiGi�tu ��� .,. OCT 3 p 2�02 l . Ii`' �ry�� e �' `� ._ Li;u'3 N1�Y�R'S CFFiCE :�, � ��: �`. � . � Ff� �° d��Y �t� �;,, ,,, -:,,,,.. TEMPORARY EASENIENT � �> THIS INDENT'liRE, made this �_ day of _ S�p7T ir7 � tr , o� � b} and benveen i The New Viaduct Ina Inc., a Niinnesota Corporation , Grantor(s) and the Citv of Saint Paul , a municipat corporauon under the laws of [he State of Minnesota, its successors and assigns, Grantee, for the cash consideraflon of Two Thousand Four Hundred Dollars & no/100 ($2,400.00) and other ;ood and valuable consideration, to the Grantor it in hand paid and the receip[ of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Grantee a tempor:uy easement over, under and across the real properiy described as: Ex W 20 ft of N 9.75 ft [hc N 60 ft of W 35 IC of Lot 1Q Also, E t5 ft of sd Lot 10. Also, cx W 20 ft as measured on S line; Lo[ 3 Blk 14, Tcrry's Additiun to lhe City of St. Puul, Counry of Ramsey, State of Mmn. The easement boundaries and area (approximately 1,530 square feet) are shown on the attaclied map (Exliibit "A"), said map being on file with the City of Saint Paul, Department oF Pubtic Works. IC is farther understood and ugreed that the Grantor, for the above consideration, does hereby convey to the Grantee the above described easement for cectain purposes including ba[ not limited to en[ry, operation, slopina, gtading and the cleadng and storage of ma[erials in conjunction with and dunns the construction of the Ear] Street Bcidge Replacement Pro}ect. This easement shall exoire on the _31" day of _N��v__ 20Q5. g � ����• ° �L�.C�� -�'-- State of �_ l B ����� (1���� S ss Iu: County oY'k / � The focegoi�g instmmc�t was acknowled�ed bcfore me this �� y of ��� �/?� .�� � by �l l) 1� I� � �cJ ����l�b'�'1 SGa� Grantor(s). NOiARIAL>TAMPOA]LN.(ORO'I1LL:ftTR'13:ORR.LYK) I � RONALD H. KAAWSEN � / � xoonra�ana�isnarR ( / i .�anovaFSts J � . / t - '1�� /� ' � � SIGNAI'0 FPCRSON KINGACKN W EDG�IENT Thc Ciiy of Sain[ Paul Department of Technology & Management Services Re:il Fstate Division 15 West Kellosg Boulevazd Raom 140 City Hail Saint Paul. Minnesota 55102 C'�I�'�./V TEMPORARY EASEMENT THIS INDENTURE, made [his dav uf by and bctwcen, Ramsey County Regional Railroad Authoritv , Grantor and the City of Saint Paul . a municipal corporation under the laws of [he State of Minnesota, iu successors and assigns, Grantee, for the cash consideraflon of Six Thousand Eight Hundred Dollazs & no/100 ($6,800.00) and other good and valuable consideration, to the Grantor it in hand paid and the receipt of which is hereby acknowiedged, docs he`eCby grant, burgain, sell and convey unto Grantee a temporary casement over, under and across a portion of real property acquired by Grantor Yrom the Burlington Northem Railroad Company, said property being described i� dowment number 2693267 recorded with the Office of County Recocder, Ramsey Couniy, Mmnesota. � Tl�e easemen[ boundaries and area (approximately 10,000 square feet) are sliown on the attached map (Exhibit "A"), said map being on file with [he City of Saint Paul, Department oFPublic Works. It is further understood and agreed that the Grantor, foc the above wnsideration, does lieceby convey w the Grantee the above described easement for certain pucposes including but not limited to entry, operauon, sloping, grading and [he clearing and storage of materials in conjunenon wi[h aud during the constraction of tl�e Earl Street Bridge Replacement Project. This easement shall expire on the 31" day of 1 Stateof �V1iV��2SO��l_ County of ��UVe�se V j ss ) Its: The foregoing insirument ti�as acknowledged before me this _L of �����'L� L� Gran[or(s). NOTAW qL]'fAMP OA SEAL (OR OTHERTILIE OR RANK) JUDY M. PROCN NOTAPYPV6LIGAINNESOTA �$� uvLOMMI5Si0NEXF;flE$i31•3W5� � • • THIS INS7RUMLNT WAS DRAFTGD BY (NAMG & ADDREIS) The City of Saint Paul Depaz[ment of Technology and Managemen[ Services Real L-state Division 15 W es[ Kellogg Boulevard Room 140 City Hall Saint Paul. MinnPSOta 55102 ^ � • 6 "�� SIGYJA7VRE0 EASON AKINGACKNOMLED�YiENT V O��`�� TEMPORARI'EASEMENT THIS L\�DEVTURE, made [his � day of �L 7 L' b r . 2c�� Z by ,r.�d bcn�•ccn Sprint Communieations Companv L.P. , Grantor and the Ciri� of Saint Paul , a municipal coiporaton under the laws of [he Siate of Minnesota, Its successors and assi�ns, Grantee, for the cash consfderauon of Twen:��Seven Thousand Five Hundred Dollars & no/100 (527,�00.00) and othcr good and valuablc considcration, to tiic Gr.mto� n in hand paid and the receipt of which is hereby acknowledaed, does he�eby gran[. bar�ain, sell anJ cai� ey unto Grantee a temporary easemen[ over, under and across the real property described as: Audi[ors Subdivision No. 7 St. Paul, Minn. Subject to Sr, the FoL Lots 1 thru 7& Part of Lot S Bik 77 of Dawsons Earl St Add lymg E of Exi WL of E 129.97 ft of Lot 37 Aud Sub No 7. & in sd Aud Sub \0 7, Lot 38 & the E 129.97 ft of Lot 37 Blk 1 Auditors Subdrvis�on No. 7 St. Paul, YImn. The easement boundaries and area (approximatety 29,000 square feet) are shown on the attached map (Exhibit "A"), said map being on t"ite with the City of Saint Paul, Department of Public Works. It is further understood and agreed that the Grantor, for the above consideration, does hereby convcy to the Grantee the above described easement for certain pu�poses includmg bu[ not hm�ted to enn�y, operavor., slopin�, grading and the cleanng and s[ornge of materials m conjunenon w�th and dm�ma [he consU'uction of the Earl Sn�et Bndge Replacement Pro�ect. Grantee shall mmimize runoff onto Granror's property durmg nnd after completion of the consnucuon pru�ect. Gran[or shall minimize to the extent possible interference with Grantor's busmcss during the term of th;s Easement. Grantee shall indemnify, defend and hold harmless Gran[or from and a�ains[ any and all loss, cost, dama�e. expense or liability whatsoever, caused in whole or m part, by an act or omission of Gran[ee or its agents', employees. contractors, invicees, Licensees, subtenants or assigns. This indemnificxtion does not mclude in�unes or damages arising from hidden traps or dangerous condit�ons of the trac� us to which the Grantor had actuul or constmcnve knowled�e. Furthermore, nothmg in the indemmfication provisions shall be construed as a waiver of the mumcipal tort liabiliry hmits and defenses set forth in Minn. Stat. Sec. 466.01 et. seq. For the purposes of this agreement, the Spnnt facility storm water detennon pond, hereafter ��efen�ed to us'the pondin� area", shall be defined as that poIIion of 849 Earl Street that Les be[ween proposed Earl Street stanon 16+19.00 and 17+19.00 and a westerly offset of 70.00 and 180.00 feet. With the exception of the ponding area, Grantee shall pnor to the termmation of th�s Easement restore the easement property, including, but not limited to, landscapma, fencing, �radin�, and turf establishment to as preconstruction condiuon, at Grantee's expense. The ponding area shall be rou�h �raded by Grantee. Af[er substanCial completion of the bridge. Grantor shall hue a pnvate landscape contractor ro repair the pondmg aren to preconscmehon cond�tion, including top soil, f�msh grade, sod and m�ganon system. The cost of said pondm� arca restorahon shall be paid by Grantee, wi�ich shall approve the cost of said resroration before such wotk be�ms. Grantee shall comply with all laws during the term of this easemen[, mcluding, without l�mitanon, all laws relating to the environmen[ and Che storage, use, handlin� and retease of hazardous substances sss defined under federal state and local laws. Grantee shall be responsible for determming and ohta�mng all perznits celacmg ro rts construction. Gruntee agrees [o mdemmfy, defend and hold harmless Gran[or from and against any and all loss, cos[, dama�e,judgments, fines, penalaes, expense or liability whatsoever, mcluding at[omeys fees and courc costs, cuused in whoie oc in part, by an act or omission of Grantee or its a�ents, employees, eontractors, invitees, licensees, subtenants or assignees, relating to or arisin� out of the alleged use, storage or release of uny hazardous or regulamd substance at or near the easement, or from failure [o obtam any perm�L Noth�ng in the indemmficanon prowsions shail be construed as a wmver of the mumapat tort liability limits and defenses set fo�ih 3n Mmn. Stat Sec. 466.01 et. seq. Grantee's obli�anons hereunder shall survrve terminat�on of th�s easement. This easement shall expire on [he 31�` day of Vlav , 2005 . SprintNctwosk Rea� ��%� �09o's�� P��Lb51b5 Grantor. By Date l Its:�Ca /L' "`K �ZCaI �C�i�}e Stace of �n�� ) )ss. County of ,j(�"Y1S7� ) T The foregoin� was acknowled�ed before me th�s � da}' of �i('��,�'� .��_, by Ti�7csm r,nr/ on behalf of S��`�C'�/nmu�i�'�c�Z� (f.i?u:.d/// �-� �, ��C.7.�1tQ- otary Public Grantee: B Its: State of ) )ss. County of ) The fore�oin� was acknowledged before me th�s by �o�� s�m PALE C. DMNS Nota7 PubiiG Sa�ofKansas � �py Oommission E�fres � day of on behalf of Notare Seal Notary Pubfic THIS INSTRUMENT WAS DRAFTED 6Y The City of Sain[ Paul Depanment of Techuology and Managemen[ Serv�ces Real Es[a[e Drvis�on l5 Wes[ Kello�g Boulevard Raom 140 C�ry Ha➢ Samt Paul, Mmneso[a 55102 �.�-'�O� oa-to �ASENIENT FOR STREET PtiRPOSES Sprint Communications Conmanv I,.P. , a lim�ted partnership undcr thc laws o( [he State of Deiaware, Grantor, for the cash consideration of FSve Thousand Four Hundred and no! L00 Dollars (��,400.00) and other good and valuabie considera[ion, to rt�r. hand paid and the receipt of which �s hereby acknowledged, does hereby Grant, Bar�ain, Sell znd Convey to [he Cih of Saint Paul , a municipal corporation under the la�vs of the State of Minnesota, �ts successors and ass�gns, Grantee, a permanent easement for street purposes to open, «iden and extend Ead S:reet over, under and across the followmg described real propeny m the County of Ramsey, State oY Niinnesotu: SEE EXHIBIT "A" To have and to hold the same forever. The Grantor does covenun[ [ha[ ¢�s well se¢ed m fee of the real propeity and premises aforesaid, and has �ood ri�ht to sell .�nd convey the same f�ee of all encumbrances, except as ment�oned above. The Grantor ulso covenan[s that Grantor is in the quiet and peaceable possess�on of che propeny upon which the easement is �ranted. The Grantor will warrant and defend a�amst all persons lawfully cla�ming the whole or any part Ihereof, sub�ect to encumbrances, if any, hereinbefore men[ioned. It is intended and agreed that this agreement shall be a covenant runnin� wuh the land and shall be bmdm� to the fullest extent of the law and equiry for [he benefit of the pub!�c. It is further m[ended and agreed that this agreement and covenant shall remum in effect w�thout limitation as ro time. In testimony whereof, [he Grantor has caused thls document ro be eaecutecl by �ts duly aathoiized officers and attested to this ���' day of D�rob , � � State of {�,1�1�jCt7 ) )ss. Countyof TC{'1(4�j�) B � � { I[s �1ci�ia5er �VGrwo.i� 2u.i �ZS'fvhP l.✓esT its: y vi The fore�oin� was acknowledged befora me this �� day of �C`�UhPr ,-�1 L� �-, f�(i(� -/ L�-P,d� on behalf of ��''/� �'-�mm��i�n�za�s C`-�rr��z�� � /� �,�/� Notary Public � T GP.IE C. DIVINS 9 Notary Pubiic State of Kar,�?s �� �,� � � My ommissionEa�ires� �v Sprint Nehvork Real Esiate ,v�x1Q"i.u� 2aSL�S EYHIBIT "A" PER�LA\GNT C::SEAI�\T AREA Lot 1, Btock 77, Dawson's Earl S[. Addi[ion to St. Paul, Ramsey Counp� �linnesota e�cep[ c':-z east 40.00 feet thereof. That part of Lot 2, Block 77, Dawson's Earl SL Addiuon to St. Paul. Ramsey County. Minnesota; and that part of L.ot 3S, Auditor's SubdivisSon tio. 7, S:. Paul VIinnesota, except the east 40.00 fcet thereoF, ly�n� easterly and nonhcaaterly ol the :ollowing describcd lir::. Commencing at the northeast comer of said Lot 1, thence west along the nor[h line of saSc Lots 1 and 2, a distance of 76.00 feet, [o the point of be�innin�, thence southeastcrly to u point on [he west line of the eas[ 40.00 feet of sa�d Lot 33, sa�d po:nt bein� 13430 feet south of the north Ime of said Lot 1, and there sa�d line cermmatcs. ��,,,� osY RECEIVED -�:,_��- ._ . ,,. ° '-^t L - '���'.. TEMPORARY EASENIENT SEP 3 0 200� REAL ESiA7E DIVISION THIS II�iDEN'I'URE, made this �� day of w�`��'r , ZL(�2 by a�d between lames R. Tomaino. Sr. and Gail E. Tomaino, as .loint Tenants . Grantor(s) and the Citv of Saint Paul , a mm�icipal corpora[ion under the laws of the State of Minnesota, its successors and assi�ns, Grantee, for the cash considerauon of Five Hundred Dollazs & no/100 ($500.00) and other ;ood and v:ilu�ble considerauon, to [he Grantor it in hand paid and the receipt of which is hereby acknowled�ed, does hereby arant, bazeain, sell and co�vey unto Grantce a temporary easement over, under and across thc rcal property dcscribed �vs: S 50 ft of Lot 2 and �ill of Lot 1, Blk 13, Terry's Adduion to thc City of St. Paul, Counry of Raznsey. State of Minn. The easement boundaries and area (approximatety 100 square feet) are shown on the attached map (E�ibit "A"), said map being on file with the City of Saint Paul, Department of Public Works. I[ is fucther understood and agreed that the Grtut[or, for [he above consideration, does hereby convey to Ihe Grantee the above described easement for certain pucposes including but not limited to entry, operation, sloping, grading and the clearing and storage of matedals in conjunction with and dunn; llie construction of the Eul Street Bddge Replacement Project. This easement shall expire on the 31" day of Mav , 2005 . Suteof �Sh�e�e� County of �4 ��� v��" � � Grantor(s). j ss ) �/ By . .� � ��� � . Its: By N✓C�(.� `1- ../I��LC,�'� Its: was acknowledged before me this I I of t i c-F��� � ��� 2 NOTAWALS']'AMP OR S[AL (OR OTf{ER Tff[20R RAN[� aIE.vIMw+IM � ' � JEAN C. GUNDERSON ' a't � NOTPRYPII&JC-MINNESOTA ��,h% MYCamm¢van6Pi�esJan 3f,200i THIS L�SIRUML•NT WAS DRAFfED BY (�AME & ADDRESS) The City of Saint Paul Depaztment of Technology & Managemen[ Services Real Fstate Division � /\ I/�� �/V'� SI�AI,URG OP PIiNSONt1'AKING ACIthOW LCDGMGNT U ��,,�OS Y I S West Kellogg Boulevard Room 140 City Hall