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02-203couna Fiic � � a—�, -, � ;, , �; Green sheet � ���g�s3 ` � " -' RESOLUTfOK ��.:., ...� CIIY OF SA1NT PAUL, MIMNES07A /7� � - . �D Pzeser.ted By Re:er�ed To Co�ttee: Date 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, an agreement dated 7anuary 13, 1914 between the Northem Pacific Railway Company and the City of Saint Paul ("City") lacensed and permitted the City to locate, construct, forever maintain and keep in repair a 30-inch water main owned by the Board of Water Commissioners of the City of Saint Paul ("Board") across the proper[y described below ("Properry") Prooertv description: J.W. Bass' Gazden Lots numbered 11,12 14, 27, 28 and 29 in the City of Saint Paul, Minnesota; � W�EREAS, the Boazd abandoned said water main in 2001 and therefore has no further need for the rights granted to the City by said agreement; and 15 WHEREAS, one of the underlying property owners, Mr. Robert L. Brackey, desires to have his property freed from the 16 burden of the license and permit granted by said agreement; and 17 18 19 20 21 22 23 24 25 26 27 WAEREAS, the law firm of Kueppers, Hackel & Kueppers, P.A. has drafted a Release of License and requests that it be executed by the Boazd and the City, and the assistant city attomey has approved same as to form; WFIEREAS, the Board did, by adoption of Resolution No. 4820, approve a Release of Easement which does release the afore stated rights on the Properry possessed by the Board and the City, and did request the Council of the City of Saint Paul to adopt a resolution approving said Release of License; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul does hereby approve the Release of License which does release al1 rights on the above described Property possessed by the Ciry of Saint Paul and the Board of Water Commissioners of the Ciry of Saint Paul to locate, consb-uct, forever maintain and keep in repair a 30-inch water main in the Counry of 28 Ramsey, State of Minnesota, and that the proper o�cers aze hereby authorized to execute said Release of License on 29 behalf of the City. Requeste3 by Aepa:tment oi: Saint Paul ReQional Water Services �Y .G�,I�G�c.�i G< � .���.�:cxx�7 enera anager Form Approved by Ciry Attomey oa._�o� Paul Regional Water Service�s 2-25-02 GREEN SHEET No � 1 �863 Bernie R. Bullert 266-6274 TOTAL # OF SIGNATURE PAGES 1 , ;, r„z � �.=-� � mr�noaEr ' �� airanuc � wwwryuaeaYCrsmc ❑ waxpKmm�ccro �wvoa(ortussrw+n ❑ (CLIP ALL LOCATIONS FOR 51GNATURE) Adoption of Council Resolution approving a Release of License document which releases c easement rights held by the City of Saint Paul for the Board of Water Commissioners in Ramsey CounCy. Attachments: 1) Proposed Resolution 2) Location Map 3) Board of Water Commissioners Resolution No. 4820 4) Release of License PIANNING CAMMISSION CfB CAMMIlTEE CNIL SERVICE COMMISSION Board of Water Commissioner Has Nis PIN�rm everwnrked urM�.r a cantrac[ tor this dePertmenC! VES NO rlac mis pe�soMilm ever neen a citr emabvee� YES NO Do� this P��rtn Pobsess a sbll not namalHG� by anY wrreM citY emPloyeeT YES NO Is ihis personl(rm a fargated vendoY7 YES NO A license agreement was recoxded in 1914 whereby the City, for benefit of the Board, was licensed to construct and maintain a'30-inch water main over private property north of Maryland Avenue and east of Jackson Street. This main was abandoned in 2001 and access to it is no longer needed by the utility. Subsequently, one of the underlying property owners, Mr. Robert L. Brackey, desires to have the burden of agreement removed from his property iry.� �:r.���.� Title to the property will be cleared of an unnecessary license encumbrance. None Title will remain unnecessarily encumbered. SOURCE INPoRAIAiION (EXPWt� COST/R6VENUEBUDGETED(GRCLEON� YES NO ACEN17Y NUMBER � "'- `. � , .f..l��' . � i . . �v: ^ Y,t , w � BOARD OF WATER COMMISSIONERS RESOLUTION — GEfJERAL FORM PRESENTED BV Haselmann COMMISSIONER b �..�c� No 4820 February 12, 2002 WHEREAS, an agreement dated January 13, 1914 between the Northem Pacific Railway Company and the City of Saint Paul ("City") licensed and permitted the City to locate, construct, forever maintain and keep in repair a 30-inch water main owned by the Board of Water Commissioners of the City of Saint Paul ("Board") across the property described below ("Property") Propertv description: J.W. Bass' Garden Lots numbered 11,12 14, 27, 28 and 29 in the Ciry of Saint Paul, Minnesota; .FTiL.`I WHEREAS, the Board abandoned said water main in 2001 and therefore has no further need for the rights granted to the City by said agreement; and WHEREAS, one of the underlying property owners, Mr. Robert L. Brackey, desires to have his property freed from the burden of the license and permit granted by said agreement; and WHEREAS, the law firm of Kueppers, Hackel & Kueppers, P.A. has drafted the attached Release of License and requests that it be executed by the Board and the City, and the assistant city attorney has approved same as to form; now, therefore, be it RESOLVED, that the Board of Water Commissioners ofthe City of Saint Paul does hereby approve the Release of License which does release all rights on the above described Property possessed by the City of Saint Paul and the Board of Water Commissioners of the City of Saint Paul to locaCe, construct, forever maintain and keep in repair a 30-inch water main across the Property, and that the proper officers are hereby authorized to execute said Release of License on behalf of the Board; and, be it FURTHER RESOLVED, that the Honorable Council of the City of Saint Paul is hereby requested to adopt a resolution approving said Release of License and to authorize the proper officers of the City of Saint Paul to execute said Release of License on behalf of the City. Water Coaunissioners yeag An£ang Harris Vice President Haselmann President Reiter Nays Adopted by the Board of Water Commissioners February 12, � 2002 In favor 4_ Opposad � i�� . SEGY. � I / / / L�"� >, ! i �� , �.�.i.�.�..�-i-taai eY 5�' �i a � -�`_ / fl ►li 13 L��e�nsp� � �� 27 .`.` �� � 14 .� . \`. � . � .` � �-• � �'-1 io � _�� /`'.I T �— � "�! � �� � � 1``. � . � .` � t� —J� �� i� i i� i� (Z � � � �� �� �� .- - L I� l �F i ze � � � � 30' EaSamsn} —�-i �. 6- �9 • E-ot �.to�. Y, �vYo o.ai� � 1 ;� � ' I '^ � I , `� � I � I y s ' 1 � ' r^' S3 • � 1 < �� �� x: �� - s" a > �. ,� �r ti � :`''�'' 4 � / 6 O �-..r °� � \� � 6 Eai '} (�.ca�.} 1e�.d�-:st: ..ok d F:�.Qd) Sc��'.29,�975 O. .o, r sc�v' � 3o Eus+�i`� {ev a,�e.Y i�h.«a te�s 1� CtZ s a�'j � d S.v-�. P."�_°-y c.e• Reb L 8 - 15 / 16 r � 7-�914-A-ot; Ic� 6-�968-ii R �y Ra<.eYdLd � � � U17'�14 y. Soo�;rd F¢b. 2 �191i- . ,�, ., ♦ � . � ., ., �, . .� .. .. . \ ` 1 � \ Y •J :?. \ z � 3 �" ( � -.._ SS4'""' -- � ._ N�A�YL AN D ,4�1�, Location Map 0 �R.�. G. ; Sa.., t3,�9i4 ;� c.-.-, e�9�. e 4 J�... f �lM.� \e�� �i��i� 14.2 � �4 �� zs .\ — zE az -a a� RELEASE OF LICENSE For valuable considerations, the receipt and sufficiency of which aze hereby acknowiedged, the City of Saint Paul, Minnesota and the Boazd of Water Commissioners of the City of Saint Paul do hereby, for themselves and their successors and assigns, release and discharge, in perpetuity, the real estate in Ramsey County, Minnesota which is particulazly described below herein, from the burden of that certain license and pernut granted by Northern Pacific Railway Company to said City of Saint Paul by an instrument dated January 13, 1914, which was recorded in the office of the County Recorder for said Ramsey County, Minnesota on February 9, 1968 as Document No. 171$506 in Book 2114 of Ramsey County Records at page 66; said license and pernut having been granted to enable the City to locate, construct, and forever maintain and keep in repair a 30 inch water main across such hereinafter described real estate. The real estate affected by this Release and Discharge is described as follows, to-wit: Lots 11, 12, 14, 27, 28 and 29, J.W. Bass' Gazden Lots in the City of St. Paul, Minnesota. IN WITNBSS WHEREOF, the said City and said Board have caused this instrument to be executed in their behalf respectively as of this day of February, 2002. CITY OF SAINT PAUL, NIINPiESOTA � � � Randy C. Kelly, Mayor Donald 7. Luna, City Clerk Peter Hames, Director Office of Financial Services O�.�a� BOARD OF WATER COMMISSIONERS APPROVED OF THE CTTY OF SAINT PAUL By: By: Bernie R. Bullert, General Mgr. James C. Reiter, President Saint Paul Regional Water Services Approved as to form: By: B �SR S� � Assistant ity Attorney STATE OF MINNESOTA) ) ss COUNTY OP RAMSEY ) Janet Lindgren, Secretary The foregoing instrument was acknowledged before me tkus day of Febniazy, 2002, by Randy C. Keily, Mayor of the Ciry of Saint Paul, on behalf of said City. Notary Public STATB OF MINNESOTA) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowiedged before me this day of February, 2002, by Donald J. Luna, City Clerk of the City of Saint Paul, on behalf of said City. Notary Public STATE OF MINNESOTA) ) ss COiJI�iTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2002, by Peter Hames, Director of the office of Financial Services for the City of Saint Paul, on behalf of said City. Notary Public 2 � a _�o� STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2002, by 7ames C. Reiter, President of the Boazd of Water Commissioners of the City of Saint Paul, on behalf of the Boazd. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2002, by Janet Lindgren, Secretary of the Board of Water Commissioners of the City of Saint Paul, on behalf of the Boazd. ��� THIS INSTRUMENT WAS DRAFTED BY: Fred A. Kueppers, 7r., Esq. Kueppers, Hackel & Kueppers, P.A. 101 East Fifth Street, Suite 800 St. Paul, MN 55101 (651) 228-1104 couna Fiic � � a—�, -, � ;, , �; Green sheet � ���g�s3 ` � " -' RESOLUTfOK ��.:., ...� CIIY OF SA1NT PAUL, MIMNES07A /7� � - . �D Pzeser.ted By Re:er�ed To Co�ttee: Date 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, an agreement dated 7anuary 13, 1914 between the Northem Pacific Railway Company and the City of Saint Paul ("City") lacensed and permitted the City to locate, construct, forever maintain and keep in repair a 30-inch water main owned by the Board of Water Commissioners of the City of Saint Paul ("Board") across the proper[y described below ("Properry") Prooertv description: J.W. Bass' Gazden Lots numbered 11,12 14, 27, 28 and 29 in the City of Saint Paul, Minnesota; � W�EREAS, the Boazd abandoned said water main in 2001 and therefore has no further need for the rights granted to the City by said agreement; and 15 WHEREAS, one of the underlying property owners, Mr. Robert L. Brackey, desires to have his property freed from the 16 burden of the license and permit granted by said agreement; and 17 18 19 20 21 22 23 24 25 26 27 WAEREAS, the law firm of Kueppers, Hackel & Kueppers, P.A. has drafted a Release of License and requests that it be executed by the Boazd and the City, and the assistant city attomey has approved same as to form; WFIEREAS, the Board did, by adoption of Resolution No. 4820, approve a Release of Easement which does release the afore stated rights on the Properry possessed by the Board and the City, and did request the Council of the City of Saint Paul to adopt a resolution approving said Release of License; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul does hereby approve the Release of License which does release al1 rights on the above described Property possessed by the Ciry of Saint Paul and the Board of Water Commissioners of the Ciry of Saint Paul to locate, consb-uct, forever maintain and keep in repair a 30-inch water main in the Counry of 28 Ramsey, State of Minnesota, and that the proper o�cers aze hereby authorized to execute said Release of License on 29 behalf of the City. Requeste3 by Aepa:tment oi: Saint Paul ReQional Water Services �Y .G�,I�G�c.�i G< � .���.�:cxx�7 enera anager Form Approved by Ciry Attomey oa._�o� Paul Regional Water Service�s 2-25-02 GREEN SHEET No � 1 �863 Bernie R. Bullert 266-6274 TOTAL # OF SIGNATURE PAGES 1 , ;, r„z � �.=-� � mr�noaEr ' �� airanuc � wwwryuaeaYCrsmc ❑ waxpKmm�ccro �wvoa(ortussrw+n ❑ (CLIP ALL LOCATIONS FOR 51GNATURE) Adoption of Council Resolution approving a Release of License document which releases c easement rights held by the City of Saint Paul for the Board of Water Commissioners in Ramsey CounCy. Attachments: 1) Proposed Resolution 2) Location Map 3) Board of Water Commissioners Resolution No. 4820 4) Release of License PIANNING CAMMISSION CfB CAMMIlTEE CNIL SERVICE COMMISSION Board of Water Commissioner Has Nis PIN�rm everwnrked urM�.r a cantrac[ tor this dePertmenC! VES NO rlac mis pe�soMilm ever neen a citr emabvee� YES NO Do� this P��rtn Pobsess a sbll not namalHG� by anY wrreM citY emPloyeeT YES NO Is ihis personl(rm a fargated vendoY7 YES NO A license agreement was recoxded in 1914 whereby the City, for benefit of the Board, was licensed to construct and maintain a'30-inch water main over private property north of Maryland Avenue and east of Jackson Street. This main was abandoned in 2001 and access to it is no longer needed by the utility. Subsequently, one of the underlying property owners, Mr. Robert L. Brackey, desires to have the burden of agreement removed from his property iry.� �:r.���.� Title to the property will be cleared of an unnecessary license encumbrance. None Title will remain unnecessarily encumbered. SOURCE INPoRAIAiION (EXPWt� COST/R6VENUEBUDGETED(GRCLEON� YES NO ACEN17Y NUMBER � "'- `. � , .f..l��' . � i . . �v: ^ Y,t , w � BOARD OF WATER COMMISSIONERS RESOLUTION — GEfJERAL FORM PRESENTED BV Haselmann COMMISSIONER b �..�c� No 4820 February 12, 2002 WHEREAS, an agreement dated January 13, 1914 between the Northem Pacific Railway Company and the City of Saint Paul ("City") licensed and permitted the City to locate, construct, forever maintain and keep in repair a 30-inch water main owned by the Board of Water Commissioners of the City of Saint Paul ("Board") across the property described below ("Property") Propertv description: J.W. Bass' Garden Lots numbered 11,12 14, 27, 28 and 29 in the Ciry of Saint Paul, Minnesota; .FTiL.`I WHEREAS, the Board abandoned said water main in 2001 and therefore has no further need for the rights granted to the City by said agreement; and WHEREAS, one of the underlying property owners, Mr. Robert L. Brackey, desires to have his property freed from the burden of the license and permit granted by said agreement; and WHEREAS, the law firm of Kueppers, Hackel & Kueppers, P.A. has drafted the attached Release of License and requests that it be executed by the Board and the City, and the assistant city attorney has approved same as to form; now, therefore, be it RESOLVED, that the Board of Water Commissioners ofthe City of Saint Paul does hereby approve the Release of License which does release all rights on the above described Property possessed by the City of Saint Paul and the Board of Water Commissioners of the City of Saint Paul to locaCe, construct, forever maintain and keep in repair a 30-inch water main across the Property, and that the proper officers are hereby authorized to execute said Release of License on behalf of the Board; and, be it FURTHER RESOLVED, that the Honorable Council of the City of Saint Paul is hereby requested to adopt a resolution approving said Release of License and to authorize the proper officers of the City of Saint Paul to execute said Release of License on behalf of the City. Water Coaunissioners yeag An£ang Harris Vice President Haselmann President Reiter Nays Adopted by the Board of Water Commissioners February 12, � 2002 In favor 4_ Opposad � i�� . SEGY. � I / / / L�"� >, ! i �� , �.�.i.�.�..�-i-taai eY 5�' �i a � -�`_ / fl ►li 13 L��e�nsp� � �� 27 .`.` �� � 14 .� . \`. � . � .` � �-• � �'-1 io � _�� /`'.I T �— � "�! � �� � � 1``. � . � .` � t� —J� �� i� i i� i� (Z � � � �� �� �� .- - L I� l �F i ze � � � � 30' EaSamsn} —�-i �. 6- �9 • E-ot �.to�. Y, �vYo o.ai� � 1 ;� � ' I '^ � I , `� � I � I y s ' 1 � ' r^' S3 • � 1 < �� �� x: �� - s" a > �. ,� �r ti � :`''�'' 4 � / 6 O �-..r °� � \� � 6 Eai '} (�.ca�.} 1e�.d�-:st: ..ok d F:�.Qd) Sc��'.29,�975 O. .o, r sc�v' � 3o Eus+�i`� {ev a,�e.Y i�h.«a te�s 1� CtZ s a�'j � d S.v-�. P."�_°-y c.e• Reb L 8 - 15 / 16 r � 7-�914-A-ot; Ic� 6-�968-ii R �y Ra<.eYdLd � � � U17'�14 y. Soo�;rd F¢b. 2 �191i- . ,�, ., ♦ � . � ., ., �, . .� .. .. . \ ` 1 � \ Y •J :?. \ z � 3 �" ( � -.._ SS4'""' -- � ._ N�A�YL AN D ,4�1�, Location Map 0 �R.�. G. ; Sa.., t3,�9i4 ;� c.-.-, e�9�. e 4 J�... f �lM.� \e�� �i��i� 14.2 � �4 �� zs .\ — zE az -a a� RELEASE OF LICENSE For valuable considerations, the receipt and sufficiency of which aze hereby acknowiedged, the City of Saint Paul, Minnesota and the Boazd of Water Commissioners of the City of Saint Paul do hereby, for themselves and their successors and assigns, release and discharge, in perpetuity, the real estate in Ramsey County, Minnesota which is particulazly described below herein, from the burden of that certain license and pernut granted by Northern Pacific Railway Company to said City of Saint Paul by an instrument dated January 13, 1914, which was recorded in the office of the County Recorder for said Ramsey County, Minnesota on February 9, 1968 as Document No. 171$506 in Book 2114 of Ramsey County Records at page 66; said license and pernut having been granted to enable the City to locate, construct, and forever maintain and keep in repair a 30 inch water main across such hereinafter described real estate. The real estate affected by this Release and Discharge is described as follows, to-wit: Lots 11, 12, 14, 27, 28 and 29, J.W. Bass' Gazden Lots in the City of St. Paul, Minnesota. IN WITNBSS WHEREOF, the said City and said Board have caused this instrument to be executed in their behalf respectively as of this day of February, 2002. CITY OF SAINT PAUL, NIINPiESOTA � � � Randy C. Kelly, Mayor Donald 7. Luna, City Clerk Peter Hames, Director Office of Financial Services O�.�a� BOARD OF WATER COMMISSIONERS APPROVED OF THE CTTY OF SAINT PAUL By: By: Bernie R. Bullert, General Mgr. James C. Reiter, President Saint Paul Regional Water Services Approved as to form: By: B �SR S� � Assistant ity Attorney STATE OF MINNESOTA) ) ss COUNTY OP RAMSEY ) Janet Lindgren, Secretary The foregoing instrument was acknowledged before me tkus day of Febniazy, 2002, by Randy C. Keily, Mayor of the Ciry of Saint Paul, on behalf of said City. Notary Public STATB OF MINNESOTA) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowiedged before me this day of February, 2002, by Donald J. Luna, City Clerk of the City of Saint Paul, on behalf of said City. Notary Public STATE OF MINNESOTA) ) ss COiJI�iTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2002, by Peter Hames, Director of the office of Financial Services for the City of Saint Paul, on behalf of said City. Notary Public 2 � a _�o� STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2002, by 7ames C. Reiter, President of the Boazd of Water Commissioners of the City of Saint Paul, on behalf of the Boazd. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2002, by Janet Lindgren, Secretary of the Board of Water Commissioners of the City of Saint Paul, on behalf of the Boazd. ��� THIS INSTRUMENT WAS DRAFTED BY: Fred A. Kueppers, 7r., Esq. Kueppers, Hackel & Kueppers, P.A. 101 East Fifth Street, Suite 800 St. Paul, MN 55101 (651) 228-1104