03-500Retum copy to:
Real Estate Division
140 City Hall
Presented By
Refened To
Council File # b3 -Sdp
Green Sheet # \ d �
RESOLUTION
CI'fY OF SAINT PAUL, MINNESOTA
3\
Committee: Date
BE IT RESOLVED, that the proper City officials are hereby authorized and directed to accept and to sign the
dedication of a right-of-way easement on, over and across Lot 13, Block 4, Stinson's Addition to the City of
Saint Paul for the purpose of constructing, upgrading, maintaining, operating and repairing Phalen Boulevard,
and to file the said dedication in the office of the Registrar of Deeds for Ramsey County, Minnesota.
�l
T.M.S./REAL ESTATE DIVISION Date: May 8, 2003 Green Sheet Number: 204107
" Cmtact Person and Phone Number. �,' -��' '� �� � 2 DEPARTMENT DII[F.0 R 4 C1TY coUNCII. /�
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PeteT White � 266-8850 1 crrrArroxiveY � crrrc�xic
�`° BUDGETDIItECTOR OFFICEOFFINANCIALSVCS
Must be on Councd Agenda by: 3 MAYOR (OR ASSLSfANT) 5 REAI. ESTATE DIVLSION
TOTAL # OF SIGNAT`ITI2E PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAI'ORE)
ACITON REQUESTED:
To authorize the proper City officials to accept and to siga the dedication of a right-of-way
easement for Phalen Boulevard, and to file the dedicafion with Ramsey County. Ref. 1.
Resolution tor consideration; 2. Sample copy of dedication.
rseconmv,rmnnonsnwxove �n>onr.�vecrew PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
1. Has We person/firm ever worked under a contract for this departmeut? YES NO
PLANMNG COMhIISS[OIQ A STAFF
2. Has this person/firm ever been a City employee? YES NO
crvn, saavice commnss�ox
3. Dces this personlfirm possess a skill not normally possessed by any YES NO
curtent City employee?
CIB COn1MITIEE
Ex lain all YES answers on a se arate sheet aud attach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
CQUNCIL r� DISTAICT PLANNING COUNCIL 5
ARD(S)
INTTIA'ATNG PROBLEM, ISSUE, OPPORTI7MITY (Who, What, When, Where, Why?):
The easement is required for ponding for Phalen Boulevard.
ADVANTAGES IF APPROVED:
There will be sufficient ponding for Phalen Boulevard.
DISADVANTAGES IF APPROVED:
None � �� ��`�
DLSADVANTAGESIFNOTAPPROVED: �'� � '
Ponding will be insufficient
TOTAL 9MOi7N'i' OF TRANSACTION: $Q � WST/REVENUE BUDGETED (CTRCLE ONE) -- � S`ES NO
FUNDING SOURCE: N�A ACTIVITY NUMBER: N�A
FINANCIAL INFORhIATION: (EXPI,AIN) .
RECEIVED
MAY p � 2003
CITY ATTORI�EY
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fs3 -� SCO
TJG 4/29/03
r�_F.3 �� � : i� � �
THiS EASEMENT AGREEMENT, made and entered into this day of
, 2003, by and between the PORT AUTHORITY OF THE CITY OF
SAINT PAUL, a body corporate and politic organized under Minnesota Statutes Chapter
469, hereinafter called "Authority", and the City of Saint Paul, a Minnesota municipal
corporation, hereinafter called "City".
RECITALS:
WHEREAS, the City plans to construct Phalen Boulevard (the "Project"); and
WHEREAS, the; Gity has requested in connec#ion with the Pro}ect that the
Authority grant to the City an easement for right of way purposes; and
'', WHEREAS,, the Authority in consideration for the Ci�y undertaking the Project,
desires to grant an easement for right-of-way purposesto the City, and its successors
and assigns thereof. v
NOW; THEREFORE, for good and valuable conside.ration the sufficiency of which
is hereby acknowledged by the Authority;-and in further con�ideration of the premises and
' contained herein, the parties agree as follows:
:a..
1. Grant of EasPii,Pnt. The Authority hereby grants, bargains and conveys
unto the City, its successors and assigns, a perpetual right-of-way easement on, over and
across the premises legally described as Lot 13, Block 4, Stinson's Addition to the City of
Saint Paul, Ramsey County;= Minnesota, for the purpose of constructing, upgrading,
maintaining, operating, and repairing Phalen Boulevard to serve the Authority, the City of
Saint Paui, and the pubfic.
The Authority for itseff and its successors and assigns, does covenant with
the City, its successors and assigns, that it is the fee owner of the Easement Property and
has good right to grant and convey the easement herein.
2. Eacement fo Rim With the Land. This Easement shall run with the land
and shall be binding upon and inure to the benefit of the parties hereto, their successors
and assigns.
27301.1.
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THE PARTIES have executed this Easement Agreement as of the day and year
first above written.
PORT AUTHORITY OF THE
CITY OF SAWT PAUL
By:
I t . ' �
CITY OF SAINT PAUL, MINNESO7A
By
Its Mayor
By
Its Director, Office of Financial Services
Approved as to form:
By
Assistant City Attorney Its City Clerk
27301.1.
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63 -So�
STATE OF MINNESOTA
COUNTY OF Ramsey
)
) ss.
)
On this day of 2003, before me, a Notary Pubiic within
and for said County, personally appeared Kenneth R. Johnson to me personally known, who
being by me duly sworn, did say that is the President of the PORT AUTHORITY OF THE CITY
OF SAINT PAUL, the public corporation named in the foregoing instrument and that said
instrument was signed on behaif of said corporation by authority of its Board of Commissioners,
and said Kenneth R. Johnson acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUN7Y OF RAMSEY )
On this day of , 2003 before me, a Notary Public
in and for said County, appeared
, and to me personally
known, w ho, b eing, b y m e d uly s worn, d id s ay t hat t hey a re r espectivefy the Mayor,
Director, Office of Financial Services and City Clerk of the City of Saint Paul,
Minnesota, a municipal corporation under the laws of the State of Minnesota, and
acknowledged that said instrument was the free act and deed of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
TERRENCE J. GARVEY, Atty. No. 33674
General Counsel
Port Authority of the City of Saint Paul
1900 Landmark Towers
345 St. Peter Street
St. Paul, MN 55102
27301.1.