04-07Return copy to: (BN)
Real Estate Division
Council File # ��' 01
140 City Hall Green Sheet #�A� ��`Z
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Referred To Committee: Date
1 I.WHEREAS, the City of Saint Paul (City), as part of its public improvement project to construct
2 Phalen Boulevard, is in need of street and construcuon easements from property owners affected by said
3 project and;
4
5 WHEREAS, Independent School District #625, a property owner affected by the above mentioned
6 project, has agreed to convey the necessary easement rights to the City for the completion of said Phalen
7 Boulevard; so,
8
9 THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed
10 to accept the attached easement rights conveyance from Independent School District #625 to the City; and,
11
12 FURTHER RESOLVED, that for the easement rights conveyed, compensation in the amount of
13 thirty seven thousand five hundred dollazs ($37,500) will be paid to Independent School District #625, this
14 being a fair and reasonabie value, as deternuned by an independent appraisal. Said sum to charged to
15 Activity Code: CPL CO3-2S 145-0789-25061
16
17
O�l-0"1
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made and entered into the day of
, 2003 by and between the INDEPENDENT SCHOOL DISTRICT NO. 625,
an independent school district, organized and existing under the laws of the State of
Minnesota, hereinafter cailed "DISTRICT", and the City of Saint Paui, a municipal
corporation under the laws of the State of Minnesota, hereinafter cailed "City".
RECITALS:
WHEREAS, the City plans to construct Phalen Boulevard (the "Project"); and
W HEREAS, the City has requested in connection with the Project that the
DISTRICT grant to the City an easement for right of way purposes and a permanent
retaining wall easement; and
WHEREAS, the DISTRICT in consideration for the City undertaking the Project,
desires to grant an easement for right-of-way purposes and a permanent retaining wa11
easement to the City, and its successors and assigns thereof;
NOW, THEREFORE, for good and valuable consideration the sufficiency of
which is hereby acknowledged by the DISTRICT, and in further consideration of the
premises and covenants contained herein, the parties agree as follows:
�, Grant of Easement. The DISTRICT hereby grants, bargains and conveys
unto the City, its successors and assigns, a perpetual right-of-way easement and a
permanent retaining wall easement,
Description for the right of way of Phalen Boulevard. across the Southeast Quarter of
Section 29,Township 29 North, Range 22 West of the Fourth Principal Meridian.
An easement for right of way over, under and across those parts of Lots 1 and 2, Block
39, Schumeier's Subdivision of Blocks 38 and 39 of Arlington Hilis Addition to the City of
Saint Paul, Minnesota; those parts of Lots 5,6,7,8,9,10,11 and 12 Charles Weide's
Subdivision of Block 40 of Arlington Hills Addition to St. Paul and that part of vacated Weide Str
Schumeier's Subdivision of Blocks 38 and 39 of Artington Hills Addition to the City of
p�t-D"1
Saint Paul all of which lies south of the following described Line A:
Line A:
Commencing at the southeast corner of Section 29, Township 29 North, Range
22 West; thence along the east line of the Southeast Quarter of said Section 29
North 0 degrees 12 minutes 04 seconds East, assumed bearing, a distance of
1531.65 feet to the point of beginning; thence North 89 degrees 52 minutes 07
seconds West a distance of 114.09 feet; thence westerly on a tangential curve,
concave to the south, with a radius of 1074.00 feet and a central angle of 4
degrees 17 minutes 15 seconds for a distance of 80.37 feet; thence South 85
degrees 50 minutes 37 seconds West 314.60 feet, more or less, to the south line
of Lot 2, Block 39, Schurmeier's Subdivision of Blocks 38 and 39 of Arlington
Hilis Addition to the City of Saint Paul, Minnesota, and there terminating.
Together with a permanent retaining wall easement for construction and maintenance
over, under and across all of Lots 3, 4 and 5, Block 39, Schumeier's Subdivision of
Blocks 38 and 39 of Arlington Hills Addition to the City of Saint Paui; and that part of
Lots 1 and 2, Block 39, said Schumeier's Subdivision of Blocks 38 and 39 of Arlington
Hills Addition; the west half of vacated W eide Street that would accrue to Lot 1, Block
39, said Schumeier's Subdivision of Blocks 38 and 39 of Arlington Nills Addition; Lots 5,
g, 7, g, g, 10, 11 and 12, Charles Weide's Subdivision of Block 40 of Arlington Hilis
Addition to St. Paul and the east haif of vacated W eide Street that would accrue to Lot
12, said Charles W eide's Subdivision of Block 40 of Arlington Hil{s Addition to St. Paul
that lies northerly of Line A above, not including any of vacated Wells Street.
("Easement Property"), for the purpose of constructing, upgrading, maintaining,
operating, and repairing Phalen Boulevard and the retaining waN to serve the
DISTRICT, the City and the public.
The DISTRICT for itself 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, �asement to Run with the Land. This Easement shall run with the land
and shall be binding upon and inure to the benefit ofi the parties hereto, their successors
and assigns.
3, Indemnity. The City shall exercise its privileges hereunder at its own risk,
and shall indemnify and hold the DISTRICT harmiess from and on the account of any
and all loss, damage, costs, including attorney's fees, ciaim of damage or liability arising
from any accident or any occurrence causing injury or death to any person or
damage to any property resulting from, arising out of, or in any way connected with the
occupation or use of the Premises by the City to perform fulVy its promises herein. The
DISTRICT shall not be liable to the City if for any reason the City's occupation or use of
the premises hereunder shail be hindered or disturbed.
(�-O'1
THE PARTIES have executed this Easement Agreement as of the day and year
first above written.
NO. 625
Chair
By: fi-�tv�,�-�/u-� G ,�ccJ`t�'li
Clerk
CITY OF SAINT PAUL, MINNESOTA
By:
Its Mayor
By: _
Its Director of Financial Services
�
Approved as to form:
Assistant City Attorney
its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF Ramsey )
ptt-o�
The foregoing insirument was acknow{edged before me this 30th
day of September ,2003,by A1 Oertwig and Elona Street-Stewart
, its Chair & Clerk, respectively on behalf of the Independent School District No. 625, an
independent school district, organized and existing under the laws of the State of
Minnesota, on behalf of the corporation.
��/ LVq> J f�a---�-�� .
Notary Public U ��
� GERALDINE M. HIGGINS
� NOTARY PUBl1C - MINNESOTA
MY COMMISSION
� IXPIRESlAN.31,2005
STATE OF MINNESOTA )
) ss.
COUNTY OF Ramsey )
The foregoing instrument was acknowledged before me this
J , 2003, , Mayor,
_, City Clerk of the
laws of the State of
Director, Office of
City of Saint Paul,
Minnesota.
Financial Services and
Minnesota, a municipal corporation under the
Notary Public
THIS �NSTRUMENT WAS DRAFTED BY:
The City of Saint Paul
Departmenl of Technology and Management Services
Real Estate Division
15 West Kellogg Boulevard
Room 140 City Hali
Saint Paul, Minnesota 55102
day of
0�-0�
CONSTRUCTION EASEMENT AGREEMENT
THIS CONSTRUCTION EASEMENT AGREEMENT, made and entered into the
day of , 2003 by and between the INDEPENDENT SCHOOL
DISTRICT NO. 625, an independent school district, organized and existing under the
laws of the State of Minnesota, hereinafter called "DISTRICT", and the City of Saint
Paul, a municipa4 corporation under the laws of the State of Minnesota, hereinafter
calied "City".
RECITALS:
WHEREAS, the City plans to construct Phalen Boulevard (the "Project"); and
WHEREAS, the City has requested in connection with the Project that the
DISTRICT grant to the City a temporary easement for construction purposes adjacent to
the Payne Avenue right of way; and
WHEREAS, the DISTRICT in consideration for the City undertaking the Project,
desires to grant a construction easement to the City;
NOW, THEREFORE, for good and valuable consideration the sufficiency of
which is hereby acknowledged by the DISTRICT, and in further consideration of the
premises and covenants contained herein, the parties agree as follows:
1. Grant of Easement The DISTRICT hereby grants, bargains and conveys
unto the City, its successors and assigns, a temporary slope and construction easement
on, over and across all those parts of Lots 6, 7, 8, 9 and 10, Block 39, said Schumeier's
Subdivision to the City of Saint Paul, Minnesota and that part of the east half of vacated
Walsh Street which lies south of the north 35.00 feet thereof, not including any of
vacated Wells Street.
("Easement Property"). Said easement is to expire on June 1, 2005, or such earlier
date that the Easement Property is no longer needed by the City.
The DISTRICT for itself 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. Easement to Run 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.
3. Indemnitv. The City shall exercise its privileges hereunder at its own risk,
and shall indemnify and hold the DISTRICT harmless from and on the account of any
and all loss, damage, costs, including attorney's fees, claim of damage or liability arising
o�t-o�
firom any accident or any occurrence causing injury or death to any person or
damage to any property resulting from, arising out of, or in any way connected with the
occupation or use of the Premises by the City to perform fully its promises herein. The
DISTRICT shall not be liable to the City if for any reason the City's occupation or use of
the premises hereunder shall be hindered or disturbed.
[The balance of this page has been intentionally left blank]
o�t-o�
THE PARTIES have executed this Easement Agreement as of the day and year first
' above written.
� � .,
NO. 625
RICT
gy; �
r
Clerk
Appro_. � ,
; i
�, � - i.
� Dl��f � T Attorney
CITY OF SAINT PAUL, MINNESOTA
By:
its Mayor
By:
Its Director of Financial Services
:
Its City Clerk
Approved as to form:
Assistant City Attorney
0
Its `
Chair
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green
Shee��
Departmentloffice/eouncil: Date Initiated:
TE "'1'echnologyandManagementSecv 15-DEG03 Green Sheet NO: 3009197
ConWct Person & Phone: � Deoartment Sent To Person Initial/Date
Bob Novak 0 echn lo and Mana ement S
266-8863 pssign 1 i Attorne " � X.
Must Be on Council Agenda by (Date): Number y echn 1 and Mana ement � 2 �a`�
� " � U Routing 3 a or•sOffice Ma or/Assisian[
O�de� 4 oun I
5 i Clerk Cit Clerk
Total # of Signature Pages �(Clip All Locations for Signature)
Action Requested:
To accept the dedication of temporary and permanent easements on property owned by the Independen[ School Dis[rict #625 for
conswction of Phalen Blvd.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following 4uestions:
_ Planning Commission 1. Has this person/firm ever worked under a contract for this departmeni?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not noemally 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): �
DEC 15 2UO3
TY A�TOi��1��
AdvantaqeslfApproved: �
The City will be able to sewre a Right of Way Certificate from MDo[, which is required before the City can advertise for construction
bids.
Disativantapes If Approved: .
ROttC
Disadvantaqes If Not Approved:
The City will be unable to commence with the roadway convact until the necessazy roadway easements have been dedica[ed.
Totai Amount of 37500 CosURevenue Budgetetl: Y
Transaction:
Funtlinq Source: CPL-0O3-2S145-0789 Activitv Number:
�4�,P'f?�E6 Rg�2��'c°� �9n$�C
Finan cial I nformation:
(Explain) DEC 2 9 2pp3