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02-864Return copy to: (BJE) Real Estate Division 140 City Hall RESOLUTION SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 3\ 1 WHEREAS, the City of Saint Paul ("Cit�'), as part of its public improvement project to reconstruct 2 the Earl Street Bridge (TMS File No_ AE2001-02, Final Order No. 02-174, approved by the Saint Paul 3 City Council February 27, 2002) is in need of permanent and temporary easements for said project; and 4 5 WHEREAS, Sprint Communications Company L.P. ("Compan}�'), a property owner affected by 6 said bridge project, has granted the City a permanent easement (attached as Exhibit "P') and temporary 7 easement (attached as Exhibit "II") so that the City may acquire the easement rights necessary for the 8 construction of said project; and 10 WHEREAS, the Valuation & Assessments Engineer has recommended the purchase of said 11 easements for Thirty-Two Thousand Nine Hundred and no/100 Dollazs ($32,900.00), this being a fair 12 and reasonable value as determined by an appraisal; now, therefore be it 13 14 RESOLVED, that the Saint Paul City Council accepts said easements and directs and authorizes the 15 proper City officials to pay $32,900.00 to the Company, said sum to be chazged to Acuvity Code: CPIr 16 CO2-2S215; and be it finally 17 18 RESOLVED, that the proper City officials are authorized to file said agreement with Ramsey 19 County. 20 21 22 Requested by Department of: Adopted by Council: Date �..�r. \ rC 300'� Adopfi�on C by Council Secretary By: 4-�-.1.�—c1- . �.,�.... � Technoloev & Mana�ement Services By: f�,�/ Director � Form Approved by City Attpmey By: �ggfo"ved by Mayor for Submission to Council : Councii N51e # �a - FfLy, Green 5heet # 111999 G.ISFIARFSI�REAi. WPdafaWcqwsdions�Bmce�EarlStBridgeVSpdndAE2001-02.Ear15[BridgeSprinLEsmt4cptites.wpd O -FG ti T.M.S./REAL ESTATE DIVISION Date: August 22, 2002 Green Sheet Number: 111999 ntact Peison and Phone N�ber. 2 EPARTMENT DII2ECTOR 4 CITY COi7NCII. Bruce Engelbrekt 266-8854 1 ATro�Y 1� L.n. �'� UDGETDIRECl'OR FFICEOFFINANCIAI.SVCS. os[ be on Coma7 Agenda by: ti�7tii 3 YOR (OR ASSISTAi� � OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: - To accept permanent and temporary easements from Sprint Communications Company L.P.; and to authorize payment for the easements and filing with Ramsey County. Reference: 1) resqlnt�; 2) easement agreements. Gq�1CFI R35�a?�`'` `' � COMMENDAT10N5: APPROVE (A) OR R&TECl' (Xt) ERSONAL SERVICE CONTRACTS NNST ANSWGR THE FOLLOWING: PLAN 'Mi'G COMMISSiON yRAFF • Has the person/Fim evei worked uodei a coattaMfor this department? YES NO 4 . Hazthisperson/Srmeverbeen;a_Cifyemployee? YES NO C1VII.SERVICECOMMISSION —' � ' . Does this perso�Srm posxess a skiD notnorn�ally possessed by any YES NO CIB COMNIITTEE � ul. �� ept employee? lain all YES answers on a se ate sheet and attach. UPPORTS WHICA COUNCII, OBJECTIVE? oUNCIL 6 � DISTRICT q 5 ARD(S) ' PLANNING ' _ COUNCIL TSATING PROBLEM, LSSiJE, OPPORT[7NITP (Who, What, When, Whue, Why?): The City plans to reconstruct the Earl Street Bridge in 2003. In conjunction with this project (TMS FYIe No AE2001-02), the City needs to acquire permanent and temporary easements on Sprint Communications property abutting the bridge right of way. VANTAGES IF APPROVID: The City will be able to acquire the necessary easements in advance of the reconstruction of the bridge. ISADVANTAGESIFAPPROVED: lvone AUG 2 6 20Q2 ISADVANTAGES IF NOT APPROVED: The City will be unable to commence with the bridge reconstruction project until the easement rights have been acquired. oTai, nMOUrrr oF T�vsacTtox: $32,900 cosTix�vE� svncE�n �cmcLE o�> �s xo �c so�cE: project Funds A�Tlvrr� N°��' CO2-25215 ANCIAL INFORMATION: (EXPLAI� G:VSAARED�REAL WpdataW.cqtisi4ons�Bmce�Eaz7StBndge4Sprin&1E2001-OZ.Ear1StBridge.SprintPsmNcptlLes.GS.wpd oa_�6� EASEMENT FOR STREET PURPOSES Surint Communications Comnanv L.P. , a corporation under the Saws of the State of Delawaze, Grantor, for the cash considerauon of Five Thousand Four Hundred ar,d no/100 Dollazs ($5,400.00) and other good and valuable wnsiderauon, to it in hand paid and the receipt of which is hereby acknowledged, does hereby Grant, Bazgain, Sell and Convey to the C5ri of Saint Paul , a municipal coiporaaon under the laws of the State of Minnesota, its successors and assigns, Grantee, a permanent easement for street pucposes to open, widen and extend Eazl Street over, under and across the following described real propeay in the County of Ramsey, State of Minnesota: SEE EXHIBIT "A" To have and to hold the same forever. The Granror does covenant that it is well szized in fee of [he real property and premises aforesaid, and has good right to sell and convey G7e same free of all enwmbrances, except as men[ioned above. The Grantor also covenants that Grantor is in the quiet and peaceable possession of the property upon which the easement is granted. The Grantor will wazrant and defend against all persons lawfully claiming the whole or any part thereof, subject Yo encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to [he fullest exten[ of the law and equity for the benefit of the public. Ic is further intended and agreed that this agreement and covenant shall remain in effect without limitation as to time. In testimony whereof, ffie Grantor has caused this document to be executed by its duly authorized officers and attested to this day of ,_ B Y — ICS: � Its: State of ) )ss. Counry of ) The foregoing was acknowledged before me this day of , , on behatf of ,:te. x�t Notazy Public o3-�c�t EXHIBIT "A" PERMANENT EASE�NT AREA Lot 1, Block 77, Dawson's Earl St. Addition to St Paul, Rarnsey County Minnesota except Che east 40.00 feet thereof. That part of Lot 2, Block 77, Dawsods Farl St. Addition to St. Paul, Ramscy County, Minnesou�; und that pazt of Lut 38, Audituts Subdivisiun Nu. 7, St. Paul Minr.csota, except the east 40.00 feet thereof; lying eastedy and norrheasrerly of the following described line. Commencing at ihe northeas[ comer of said Lot 1, thence west along the north line of said Lots 1 and 2, a distance of 76.00 feet, to the point of beginning, thence soa[heasterly to a point on the west line of the east 40.00 feet of said Lot 3S, said point being 134.30 feet south of the north line of said Lot 1, and there said line teaninates. b �._��N TEMPORARY EASEMENT THIS INDENi'URE, made this day of , by and between. Sprint Communications Companv L.P. . Grantor and [he Ciri of Saint Paul , a municipat corporation under the laws of ihe State of Minnesota, iu successors and assigns, Grantee, for the cash consid�rarion of Twenty- Seven Thousand Five Hundred Dollars & no/100 ($27,500.00) and other good and valuable consideration, to the Grantor it in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey unto Gran[ee a temporary easement over, ander and across the real property described as: Auditors Subdivision No. 7 St. Paul, Minn. Subject to St; the Fol. Lots 1 thm 7& Pan of Lot 8 Blk 77 of Dawsons Eazl St Add lying E of Ext WL of E 129.97 ft of Lot 37 Aud Sub No 7. & in sd Aad Sub No 7, Lot 38 & the E 129.97 ft of Lot 37 Blk 1 Auditor's Subdivision No. 7 St. Paul, Minn. The easement boundaries and area (approximately 29,000 square feet) are shown on the attached map (E�ibit "A"), said map being on Sie widi the City of Saint Paul, Department of Public Works. IC is further understood and agreed tha[ [he Grantor, for the above consideraUOn, does heteby convey to the Grantee the above described easement for ceRain purposes including but not limited to eatry, operation, sloping, grading and the clearing and storage of materials in conjunction wi[h and during [he construction of the Eazl Street Bridge Replacement Project. This easement shall expire on the 31a` day of Mav , 2005 . By Its: State of � BY ss Its: County of The foregoing instrument was acknowledged before me this _ day of _ Grantor(s). NOTARIALSTANP OR SEnL (OR O]HER TCfCE OR RANIq SIGNATUAE OF PERSON TAKLVG ACIUOWLEDGMEN7 THIS IN57RU�[FNI' WAS DRA[TED HY (NAME & ADDRESS) The City of Saint Paul Depaztment of Technology and Management Seroices Real Estate Division 15 West Kellogg Boalevazd Room 140 City Hatl SaintPaul.Minnesota 55702