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03-627Return copy to: (BJE1 0 R( G I� A L Real Fstate Division 140 City Hall f7�Y�J31��[�3�1 Presented By Referred To Comrnittee: Date 2 WFIEREAS, the City of Maplewood desires a temporary construction easement and permanent 3 utility easement to construct, operate and maintain a storm sewer located on City of Saint Paul properry 4 immediately north of Lake Phalen in Maplewood, Minnesota, as shown on the attached map (Exhibit 5 "A"); and 6 7 WHEREAS, in accordance with Sec. 13.01.1 of the Saint Paul City Charter, the Parks and 8 Recreation Commission reviewed said easement request and unanimously recommended approval by the 9 Saint Paul City Council, as evidenced in the Commission's Resolution Numbered 02-11, adopted April 10 10, 2002, a copy of which is attached hereto; and 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the City of Maplewood agrees to pay just compensation 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 said easement agreements with the City of Maplewood, their successors and assigns; and be it further RESOLVED, that just compensation for said easements be paid by the City of Maplewood, its successors or assigns, and deposited into the Parkland Replacement Fund and held in reserve for purchase of park properties as required in Chapter 13.01.1 of the City Charter, and that any other costs incurred by the City of Saint Paul to complete this agreement shall be fully compensated by the Ciry of Maplewood, its successors or assigns. Requested by Department of: Technoloev & Management Services . • I. t� ��.:�L��.r , � - � , � � �� -� � � : •�_�� /_ by Council � � OF SAINT PAUL, MINNESOTA �y ��/• �� • -� i • • � �� i �i� � . !� / � �l.�t� •-1 , / / � � • � conncit �le # �3— (e 2. Green Sheet # 3000 �0` G:�SIureA�REU2EAL WPdata�Easemenls�BruceVake Phalen Sewer�PhalenSwrEsmtres.wpd Adopted by Council: Date ��..�� a a� 03-�2'1 N _ C7t � -L� - � � � � �? � � � � � � � ��. J � � - � � � to � yM �i €' � g _;9 to Q�� a� �� £ g � ,�� .+� � U'i C)t ^•� N � .g � � � � � � � � � � � � � � � � � �. � e J ' � `•,4 �%. � Exhibit "A" s � , ��y`� � �' �'�� t , -. -- F � . A � _____' __'_'_' ___- ! -----�_- � _—_�._ 1 __ un.* :rn,� a" ; � ='.^�-_�------- � � ~�,' —__ `C�t;E '�: ' J p `7�'rl�%'f ,. ; !'� m ,� " ,, 1 � n"cmn ` - ��' �;�� ' . � � = � " '.� _�_ _. � �R'� � � �� i r 4�`c� - G� �,1 _ � I �„ n n '` ' . T� Y ` /! 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'ti..r--� � RCST r,, � � � �-J o3-c�2"1 rv- - � S paui Parks ana Recreation Commission 300 Ciry HaII Annex, 251V. 4tfi Strcct, Saint Paul, d1Dt 55102 -(651)266-6400 RESOLUTION 02-11 �VHEREAS, the Saint Paul Pazks and Recreation Commission is an appointed body estabiished to advise the Mayor and City Council on long-range and city-wide matters related to Parks and Recreation; and WHEREAS, the City of Maplewood has undertaken Maplewood Cit}� Project 00-11, which entails the construction of a gravity sewer to replace its Lift Station No. 2; and WHEREAS, Maplewood City Project 00-ll requires a utility easement to connzct to the Metropolitan Council Environmental Services existing sanitary sewer line located on the grounds of the Phalen/Keller Regional Pazk; and WHEREAS, the Phalen-Keller Regional Park is jointly managed by the Saint Paul Division of Parks and Recreation and the Ramsey County Department of Parks and Recreation; and WHEREAS, the consulting firm of Howard R. Green Company has been retained by the City of Maplewood to oversee the engineering aspects of this project; and WHEREAS, both the Saint Paul Division of Parks and Recreation and the Ramsey County Department of Parks and Recreation have reviewed the proposed utitity easement and related project information provided by Howard R. Green Company; and WHEREAS, both the Saint Paul Dieision of Parks and Recreation and the Ramsey . Count}� Department of Parks and Recreation are in general support of Mapleisood City Project No. 00-ll; now, therefore, BE TT RESOLVED, that the Saint Paul Parks and Recreation Commission concurs ��ith the proposed utility easement needed for Maple«�ood CitS� Project Iv'o. 00-11, and in accordance with City Charter Section 13.01.1 recommends approval by the Saint Paul City Council; and -1- o3-t�'L� BE IF FURTHER RESOLVED, that the Saint Paul Pazks and Recreation Commission recommends that the City Council require approval of the project plans and specifications by the Saint Paul Division of Pazks and Recreation and the Ramsey County Departrnent of Parks and Recreation, and that said plans and specifications must include provisions that require the contractor to include both the City of Saint Paul and Ramsey County as additional insureds on its insurance policies throughout the duration of the project. Adopted by the Saint Paul Pazks and Recreation Commission (Date): April 10, 2002 Approved: Yeas _6_ Nays _0_ Absent: � " 1 Resotution 02-11 Attested to by: �+��. Staff to the Pazks and Recre�tion Co ission -2- � �3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Deparhnentloffiee/council: Date Initiated: TE TechnologyandManagementSav 20-MAY-03 Green Sheet NO: 3000401 P Coniact Person & Phone: ��ent Sent To Person Initial/Date BruceEngelbrekt � 0 ceLnol andM ementS �.�/ � 266-8854 Assign 1 ' Atfom Ci Attom Must Be on Couneil l�qenda by (Date): Number 2 ecLnol and emmtS tDiiector y�� % 25-JUN-03 �� ` RouCng 3 a or's OSce Ma or/As9sfant - .1� � C , -�{� � Ofdef 4 oano7 ' Comcl W» ToW # of Signature Pages _(Clip NI Locations for Signaiure) Action Requested: Authoirze the proper Ciry officials [o grant a temporazy construcflon and permanent utiliry easement to the City of Maplewood to install and operate a storm sewer on Ciry parkland no. of Lake Phalen. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this departrnenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Maplewood is requesflng the easements to construct, operate and maintain a new storm sewer on City of Sain[ Paul pazk properry located in the Phalen/Keller puk area immediately north of Lake Phalen. The sewer is undergound and on land only pazflally used for bike/pedestdan hails. No loss of pazk use would occur as a result of the sewer and easements. Advantaqes If Approved: T7�e City will collect additional revenues for the Parkland Replacement FSmd for purchase of additional parkland in the future. Disadvanta9es If Approved: A porflon of Ciry pazk properry will be encumbered with an easement, but no visual or funcfional impact will occur. Disadvantages If Not Approved: The Ciry will forego the receipt of addiflonal monies for the Pazkland Replacement Fund. V; - �"- : t sr}^; ^^ ��,i n L�i Total Amount of � Transaction: 21600 Cost/RevenueBudgeted: ,I!� �+ �' LUU Funding source: Ciry of Maplewood activity Number: Financial lnformation: �� (Explain) TEMPORARY CONSTRUCTION EASEMENT THIS INDEN'CURE, made llris day of , 2003, by and betw:zn the Citv of Saint Paul a municipal corpocation under the laws of [he State of MinnesoW, its successors and assiaas, Granror, and the Citv of Maplewood , a municipal corporation under the laws of the State cf Minnesota, its successors and assigns, Grantee, for good and valuable considerauon, to the Grantor it :n hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey unto Grxntee a Tcmporary Consuuction E:LSemcnt ovcr, undcr :u�d across thc rc:il property dcscribcd as: Except the 30 foot wide Area °A" described below, said euement 50 feet in width centered on the cenrer'_ine descdbed below. / Said strip of land is to extend by iu full width from a line wluch be:us north 3 egr �6 minutcs 1� seconds cut and passes through the point of beginning to a line which beazs n 67 degr es 3 m' u 7 sec ds east and passes through the point of ternunation. '� � � � Area °A ` A strip of land being 30 fee[ in width over Ihat part of no wes quute f sou t quarter and Govemment Lot 2, all in Section 16, Township 29, Range 22, Rams ounty, Min ta centerline of said stdp is described as follows: Commencing az the northwest corner of said northwe a of the southwest quarter; thence South 00 degrees 21 minutes 44 seconds east, an assumed b�� c west line of said northwest quarter of the southwest quarter a dis[ance of 5.51 feet; thence south egrees 32 minutes 45 seconds east a distance of 126812 feet to the actual point of beginning of said centerline to be hereinaf[er described; thence continuing south 57 degrees 32 minutes 45 seconds eas[ a dis[ance of 20.00 feet thence south 38 degrces 20 minutes 15 seconds east a distance of 320 feet; [hence south 39 degrees 13 minutes 52 seconds east a distance of 318 fee[; thence south 79 degrees 27 minutes 32 seconds east ss distance of 16419 feet; thence north 62 degrees 48 minutes 34 seconds cas: a distance of 296.62 feet thence nonh 67 degrees 43 minutes 17 seconds east a dis[ance of 129.13 feet; thence south 22 degrees 16 minu[es 43 seconds east a distance of 37.00 feet and said centerline there terminating. The easement boundaries and area are shown on the attached map (Exhibit "A"). It is further understood and agreed tha[ the Grantor, for the above consideration, does hereby convey to the Grantee the above described easement for certain purposes including but not lmii[ed to eauy, operation, sloping, grading and the clearin; and storage of materials in conjuncfion with and durin� the construcflon of a permanent, underground sewer by Grantee. This easement shali be for a six-month period and shall have cxpired on the 30'" day of September, 2003. State of By County of ss Its: The foregoing inswment was acknowledged before me this _ day of , 2003, Grantor(s). NOiAR4V. Sl'AMP OR SEAL (OR OiHER TfILE OR RMK) SIGYANRE OF PERSON TAKL\G ACKNONLEDGMEVI THLS INSTRUMENT WAS DRAFiED BY (�AME & ADDRFSS) The City of Saznt Paul Depaztmen[ of Technology & Managemen[ Services Real Fs[a[e Drvision 15 West Kellogg Boulevazd Room 140 City Hall 63-�2'1 �j"3' (�2"1 TION OF EASEMENT PURPOSES t r,�or go valuable consideration, to them in hand paid and the receipt of which is y a edged, does hereby grant, bazgain, sell and convey to the City of Maplewood, a corporation of the State of Minnesota, its successors, and assigns, as Grantee, a anent easement for public utility purposes on, over, under and across the following tract of being in the County of Ramsey, State of Minnesota, described as follows: A strip of land being 30 feet in width over that part of the northwest quarter of the southwest quarter and Govemment Lot 2, all in Section 16, Township 29, Range 22, Ramsey County, Minnesota, the centerline of said strip is described as follows: Commencing at the northwest corner of said northwest quarter of the southwest quarter; thence South 00 degrees 21 minutes 44 seconds east, an assumed bearinL along the west line of said northwest quarter of the southwest quarter a distance of 5.51 feet; thence south 57 degrees 32 minutes 45 seconds east a distance of 1268.12 feet to the acaial point of beginning of said centerline to be hereinafter described; thence continuing south 57 degrees 32 minules 45 seconds eas[ a dislance ol 20.00 Ieet; thencc south 38 degrecs 20 minutes 15 seconds east a distance of 320 feet; thence south 39 degrees 13 minutes 52 seconds east a distance of 318 feet; thence south 79 degrees 27 minutes 32 seconds east a distance of 16419 feet; thence north 62 degrees 48 minutes 34 seconds east a distance of 296.62 feet; thence north 67 degrees 43 minutes 17 seconds east a distance of 129.13 feet; thence south 22 degrees 16 minutes 43 seconds east a distance of 37.00 feet and said centerline there terminating. Said strip of land is to extend by its full width from a line which bears north 32 degrees 26 minutes 15 seconds east and passes through the point of beginning to a line which bears north 67 degrees 43 minutes 17 seconds east and passes through the point of termination. To have and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that Grantor has quiet and peaceable possession of the property upon which the easement is granted. The Grantor will warrant and defend a;ainst all persons lawfully claiming the �vhole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and a�reed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the publia l[ is further intended and agreed that this agreement and covenan[ shall remain in effect without limitation as to time. 03-�� IN TESTIMONY WHEREOF, the Grantor, a municipal corporation under the laws of the State of Minnesota, has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this day of , 2003. Grantor: Its By Its � Its STATE OF MINNESOTA COUNTY OF RAMSEY � ss The foregoing was acknowledged before me this by and , the and This Instrument was drafted by: Technology & Management Services Real Estate Division Room 140, City Hall St. Paul, MN 55102 day of , 2003 G:�Stured�RFREAL W Pdata�Faserz�en6�B�uceVake Phalen Sewe�NhalenSwrFsmtPermFsmtwpd (� 3 -bZ'7 Interdepartmental Memorandum CITY OF SAINT PAUL To: From: All CouncIl Members Bruce Engelbrekt � n (� Real Estate Division �� Ci 140 City Hall Date: May 19, 2003 Subject: REQUE5T FOR PUBLIC HEARING TMS Department Vacation File No. 02-X-Ol I request that a Public Hearing before the Saint Paul City Council be held on June 25, 2003 to consider a request to grant the City of Maplewood a temporary consuuction easement and permanent utility easement, located on City of Saint Paul park property immediately north of Lake Phalen in Maplewood, Minnesota. The purpose of the easement is to provide for the construcUOn, operation and maintenance of a City of Maplewood storm sewer. A Public Hearing for this request is required under Saint Paul City Charter Sec. 13.01.1, "Disposal or diversion of park property." The City pazk property is located near City Council District 6, Planning District 5. cc: Shari Moore City Clerk's Office 170 City Hall G:�Sliared�RE�I2EAL WPdata�Easemenss�Bluce�LakePhalenSewer�phalenSwrEsmt.PublicHearingRequestfrm