02-203couna Fiic � � a—�,
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` � " -' 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
, ;,
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(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.
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N�A�YL AN D ,4�1�,
Location Map
0
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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.
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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
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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