03-542Return copy to: (BJE) o � � ^ �
Real Estate Division L � A L
140 City Hall
Presented By
Referred To
Council FYIe # � 3- 5� a1.
Green Sheet # 3 Oo p�bp
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Committee: Date
i WHEREAS, Xcel Energy - Gas Division desires a permanent nulity easement on City-owned
2 property in Lilydale Park for the purpose of installing, operating and maintaining a rectifier and anode
3 ground bed system in pazk properry located between Water Street and the Mississippi River, as shown
4 on the attached map (Exhibit "A"); and
5
6 WHEREAS, this system would be used to cathodically protect Xcel Energy's high-pressure
7 coated steel naturai gas transmission pipeline from corrosion and leaks by regulating and disbursing the
8 flow of electric current along the pipeline; and
10 WHEREAS, a new recufier/anode bed system is needed because the e,�isting system, near
11 Pickerel Lake, is no longer operating and cannot be replaced due to its location under water; and
12
13 WAEREAS, installation and use of this system would not cause hazm to the environment and
14 surrounding landscape; and
15
16 WHEREAS, the City of Saint Paul, Division of Parks and Recreation ("Division") is
17 responsible for managing the above-menrioned property; and
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19
20
21
22
23
24
25
26
27
28
29
30
31
32
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34
35
36
WHEREAS, in accordance with Sec. 13.011 of the Saint Paul City Charter, the Parks and
Recreation Commission reviewed said easement request and unanimously recommended approval by the
Saint Paul City Council, as evidenced in the Comrnission's Resolution Numbered 03-8, adopted March
12th, 2003, a copy of which is attached hereto; and
WHEREAS, Xcel Energy agrees to pay just compensadon to the City, as determined by an
independent appraiser, to be deposited in the Parkland Replacement Fund in accordance with Chapter
13.01.1 of the Saint Paul City Charter; now, therefore be it
RESOLVED, that the proper City officials are hereby authorized and directed to enter into a
permanent utility easement agreement with Xcel Energy - Gas Division, their successors and assigns;
and be it further
RESOLVED, that just compensauon for the permanent access �asement be paid by Xcel Energy
- Gas Division, its successors or assigns, and deposited into the Parkland Replacement Fund and held in
reserve for purchase of park properties as required in Chapter 13.011 o#'the City Charter, and that any
other costs incurred by the City of Saint Paul to complete this agreement shall be fully compensated by
Xcel Energy - Gas Division, its successors or assigns.
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QR�u��AL
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Green Sheet #
Page 2
Requested by Department of:
Technoloev & Manaeement Services
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Date
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By: �
D�ec � �� �
Form Approved by City Attorney
By:
Ap}�oved,}�y Mayor for Submission to Council
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Adopted by Council: Date �� 2.�0,3
Adoption Cg�t fied by Council Secretary
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
03 ^ S'i �-
DepartrnenVofficdeouncil: Date Initiated:
rE T��oz�,�d�e��s�. 20-MAY-03 Green Sheet NO: 3000400
Contaet Person & Phone: Depar6nent Sent To Person Initial/Date
Bruce Engelbrekt � 0 echnol andM e entS �Z/
2 ��`'� Assign 1 ' Attom GS Attom �� �
Must Be on Council qgenda by (Date): Number 2 �cLnol and emeutS Techml & S r10"r1 J — �
04JUN-03 —
Rouling 3 a or s Office Ma or/Asastant �
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Total B of Signature P�ges _(Clip All Locations for Signature)
Action Requested:
Approve resoluflon to authorize the proper City officials to grant a permanent utiliry easement to Xcel Energy-Cras to install an
underground rectifier and anode bed system in LIlydale Park
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following �uestions:
Planning Commission �. Has this person/frm ever worked undera contract forthis departrnenl?
CIB Committee Yes No
Civil Service Commission 2. Has ihis person/firtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportuniiy (Who, What, When, Where, Why):
Xcel Energy-Gas is requesting the easement to install and operate the anode bed system which is used to cathodically protect the
utility's high pressure coated steel natural gas lransmission pipeline from conosion and leaks by regulating and disbursing the flow of
elecffic current along the pipeline.
Advant�qes If Approved:
The City will collect additional revenues for the Pazkland Replacement Ftimd for purchase of additional pazkland in the future.
Disadvantaqes If Approved:
A portion of City pazk property will be encumbered with an easement, but no visual or functional impact will occur.
Disadvantayes If Not Approved:
The City will forego the receipt of additional monies for the Pazkland Replacement Fund.
.-n-;•� �`Yl
Total Amount of � ��� CosURevenue Budgeted:
Transaction: q n� n
Funaingsource: XcelEnergy-Gas AetivityNumber. �':l.�Y � �GG3
Financiai Information:
(Explain) �:� s'!�vt��W l:i i'3v�
p� � S'� �-
PaCkS and
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a€m cie� �u n�e�, zs w ar� se�, sa;ac r�, nvsr ssioz -{5s ap2t�-�aoo
REVISED RESOLUT`ION 03-8
WIIEREAS, the Saint Paul Parks and Recreation Commission is an appointed body established
to advise the Mayor and City CounciI on long-range and city-wide matters related to Parks and
Recreation; and
WHEREAS, the CiTy of Saint Paul, Real Estate Office has received a request from Mueller
Utility Design, a conh�actor with Xcel Energy-Gas, for a permanent utility easement in Lilydale Park
which would allow Xcel to install, operate and maintain a rectifier and anode ground bed system on
pazkland between Water Street and the Mississippi River; and
WHEREAS, the purpose of this system would be to cathodically protect Xcel Energy's high-
pressure coated steel natural gas transmission pipeline from corrosion and leaks by regulating and
disbursing the flow of electric current along the pipeline; and
WIIEREAS, Cathodic protection is a federal requirement by the Office of Pipeline Safety (OPS),
and is regulated by the Minnesota Office of Pipeline Safety; and
WHEREAS, a new rectifier/anode bed system is needed because the existing system, near
Pickerel Lake, is no longer operating and cannot be replaced due to its location underwater; and
WHEREAS, when operational, the system would cathodically protect several miles of the
pipeline, which is preferable to locating separate anodes every 100-175 feet;
WIIEREAS, installation of this system would produce no hanns to wither or the environment,
and above ground portions could be painted to fit in with the surroundings; and
WHEREAS, any modification in the future to the lead/bed would be made at XcePs expense; and
��THEREAS, the Division of Pazks and Recreation has reviewed and supports the proposed
permanent ut utility easement for Lilydale Park; now, therefore,
BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission concurs with the
proposed permanent utility easement in Lilydale Park and in accordance with City Charter Section
13.01.1 recommends approvat by the Saint Paul City Council.
Adopted by the Saint Paul Parks and Recreation Commission on): March 12, 2003
Approved:
Yeas 6
Nays 0
Absent: 3
Resolution 03-8 Attested to by: p/y�(�`
Staff to the Pazks ' d ecreation Commiss on
6� -Sy�
UTILITY EASEMENT
p� \ THESE PRESENTS, That the undersigned, hereinafter called "Grantor", in
- sid h o t sum of $1.00 and other good and valuable consideration in hand paid by
KO H S TES POWER COMPANY, a Minnesota Corporation, the receipt and sufficiency
wh eof ' eby aclaiowledged, do hereby, grant unto said Company its successors and assigns,
re ft called "Grantee", an easement with the right, privilege and authority to excavate for,
s t, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its
f" ities for the h'ansmission and distribution of gas energy, including the necessary appurtenances, over,
across, under and upon said easement on the following described land situated in the County of Ramsey,
State of Minnesota to-wit:
All that part of Government Lot 6, Section 12, Township 28, Range 23, which lies easterly of a
line drawn across said lot and bearing northwesterly and southeasterly, which line commences at
a point on the South line of said lot 385.8 feet easterly of the U. S. Government meander corner
denoting the original shoreline of Pickerel Lake and runs thence north 45 degrees west 1022 feet
more or less to the Mississippi River, said tract being commonly laiown and described as the East
%z of Lot 6, Section 12, Township 28, Range 23, Ramsey County, Minnesota, subject to
easements of record in favar of Northern States Power Company, and subject to railroad right-of-
way and any other easements and restrictions of record.
Said easement shall be limited to that part of the above described properiy as follows:
(1) A 10 foot wide strip of land being 5 feet on each side of the following described
centerline and sideline extensions thereof:
Commencing at the southwest corner of said Government Lot 6; thence North 89
degrees 21 minutes 16 seconds East, assumed bearing, along the south line of said
Government Lot 6 a distance of 1182.78 feet; thence Narth 53 degrees 25 minutes
22 seconds East a distance of 1063.36 feet to the point of beginning of the
centerline to be described; thence North 28 degrees 50 minutes 08 seconds West a
distance of 3639 feet to a point hereinafter refened to as "Point A"; thence
continue North 28 degrees 50 minutes 08 seconds West a distance of 188.61 feet to
a point hereinafter referred to as "Point B" and there terminating.
Page 1 of 3
03 sy�
(2) A 20 foot wide ship o£ land being 10 feet on each side of the following described
centerline and sideline extensions thereof:
Commencing at "Point A" described in No. (1) above; thence North 61 degrees 09
minutes 52 seconds East a distance of 5 feet to the point of beginning of the
centerline to be described; thence conrinue North 61 degrees 09 minutes 52 seconds
East a distance of 20 feet and there terminaring.
(3) A 30 foot wide strip of land being 15 feet on each side of the following described
centerline and sideline extensions thereof:
Beginning at "Point B" described in No. (1) above; thence continue North 28
degrees 50 minutes 08 seconds West a distance of 155.00 feet and there terminaring.
The grant of easement herein contained shall also include the right of reasonable access to said
easement across said lands for the purpose of exercising the rights granted herein, together with the right
to remove from said easement any structure, trees, shrubbery, or other object or obstrucrion which in
Grantee's opinion interferes with said facilities or the removal of which may be reasonably necessary for
the construction or maintenance thereo£
Except as otherwise provided herein in any Underground Distribution Agreement between the
Grantor and Grantee covering the above described premises. Crrantee shall, after installation of the above
described gas facilities, or after the exercise of any rights granted herein, restore the lands subject to this
easement to as near their original condition as is reasonably possible and remove therefrom all debris,
spoils, and equipment resulting from or used in connection with said mstallation.
Grantor further agrees that no structure or obstrucrion will be erected or permitted or any trees
planted on o r w ithin s aid e asement, t hat h e w ill n ot c hange t he g round e levation t hereof w ithout t he
written consent of Grantee, or perform any act which will interfere with or endanger said gas facilities.
Grantor covenants with Grantee, its successors and assigns, that Grantor is the owner of the
above described premises and has the right to sell and convey an easement in the manner and form
aforesaid.
This instrument and the covenants and agreements contained herein are binding upon the
Grantor, his personal representatives, heirs, successors and assigns.
The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional
compensation any additional documents needed to correct the legal description of the easement area to
conform to the right of way actually occupied by the transmission lines.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
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03 -Sy}
This instrument is exempt from the Minnesota Deed Tax.
I1�T WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as
ofthe day of ,2003.
City of St. Paul
Name:
Name:
STATE OF )
) ss.
COUNI'Y OF )
of
The foregoing insirument was aclaiowledged before me this day of
, 2003, by
a corporation, on behalf of the corporation.
NOTARY PUBLIC
This instnzment was drafted by Ed Trapp
Northern States Power Company
414 Nicollet Mall, Minneapolis, MN 55401
Abstract
2003.175
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Interdepartmental Memorandum
CITY OF SAINT PAUL
__� �«,�-
x:,,���.� =.. ._v _. _,
To: All Council Members � �.
.. --� �.!�a�a
From: Bmce Engelbrekt �
Real Estate Division �(�
140 City Hall
Date: May 16, 2003
Subject: REQUEST FOR PUBLIC HEARING
TMS Department Vacafion F51e No. 03-X-02
I request that a Public Hearing before the Saint Paul City Council be held on June 4, 2003 to
consider a request to grant Xcel Energy-Gas a permanent easement, located on city property in
Lilydale Park.
03-54�'
The purpose of the easement is to provide for the construction, operation and maintenance of an
underground anode bed used to regulate and dissipate electric chazge in the gas main located
parallei to Water Street.
A Public Hearing for this request is required under Saint Paul City Charter Sec. 13.01.1,
"Disposal or diversion of pazk property."
The City park property is located in City Council District 2, Planning District 3.
cc: Shari Moore
City Clerk's Office
170 City Hall
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