04-08�ietur�'i copy to: (BN)
Real Estate Division
140 City Hall
Presented By
Referred To
Council File # ��" �x
Green Sheet # �ti���l�
RESOLUTION ( U
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
I.WHEREAS, the City of Saint Paul (City), as part of its public improvement project to construct
Phalen Boulevazd, is in need of street and construction easements from property owners affected by said
project and;
4
5 WHEREAS, Housing and Redevelopment Authoriry of the City of Saint Paul ("HRA") , a properiy
6 owner affected by the above mentioned project, has agreed to convey the necessary easement rights to the
7 City for the completion of said Phalen Boulevazd; so,
9 THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed
10 to accept the attached easement rights conveyance from Housing and Redevelopment Authority of the City
11 of Saint Paul ("HRA") to the City; and,
12
13
14
15
16
17
18
FURTHER RESOLVED, that for the easement rights conveyed, compensation in the amount of
ten thousand dollazs ($10,000) will be paid to Housing and Redevelopment Authority of the City of Saint
Paul ("HRA") , this being a fair and reasonable value, as deternuned by an independent appraisal. Said sum
to chazged to Acrivity Code: CPL CO3-2S 145-0789-25061
�
��1-a�
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made and entered into the day of
, 2003 by and between the HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a public body, corporate
and politic, organized and existing under the laws of the State of Minnesota, hereinafter
called "HRA", and the City of Saint Paul� a municipal corporation under the laws of the
State of Minnesota, hereinafter called "City".
RECITALS:
WHEREAS, the City plans to construct Phalen Boulevard (the "ProjecY'); and
WHEREAS, the City has requested in connection with the Project that the HRA
grant to the City an easement for right of way purposes; and
WHEREAS, the HRA in consideration for the City undertaking the Project,
desires to grant an easement for right-of-way purposes 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 HRA, and in further consideration of the premises
and covenants contained herein, the parties agree as follows:
1. Grant of Easement. The HRA hereby grants, bargains and conveys unto
the City, its successors and assigns, a perpetual right-of-way easement Description for
Right of way of Phalen Boulevard across the Southeast Quarter of Section 29,
Township 29 North, Range 22 West of the Fourth Principal Meridian. Over, under and
across all that part of Lots 1 and 2, Block 38, Schurmeier's Subdivision of Blocks 38
and 39 of Arlington Hills Addition to the City of Saint Paul, Minnesota that lies south of
westerly extension of the south line of Lot 10, Block 39 of said plat and north of
northern line of Ramsey County Regional Railroad Authority (formerly Burlington
Northern Rail Road ) property. property. ("Easement Property"), for the purpose of
constructing, upgrading, maintaining, operating, and repairing Phalen Boulevard to
serve the HRA, the City and the public.
V'��OT�
The HRA 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 acknowledges the presence of contaminants in the
Easement Property and shall exercise its rights and privileges hereunder at its own risk,
and shall indemnify and hold the HRA harmless, and releases and agrees not to sue
the HRA from and on the account of any and all loss, damage, costs, including
attorney's fees, claim 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 exercise its easement rights herein. The HRA shall not be liable to the City if for any
reason the City's occupation or use of the Easement Property hereunder shall be
hindered or disturbed.
[The balance of this page has been intentionally left blank]
o�.-o�
THE PARTIES have executed this Easement Agreement as of the day and year
first above written.
HOUSING AND REDEVELOPMENT
AUTHORtTY OF THE CITY OF
SAINT PAUL, MINNESOTA
,�
Its Chair/Commissioner
Approved as to form:
HRA 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
STATE OF MINNESOTA
COUNTY OF Ramsey
)
) ss.
)
The foregoing instrument was acknowledged before me this day of
, 2003, its Chair/Commissioner
on behalf of the Housing and Redevelopment Authority of the City of Saint Paul,
Minnesota, a public body, corporate and politic, organized and existing under the laws
of the State of Minnesota.
Notary Public
STATE OF MINNESOTA
COUNTY OF Ramsey
)
) ss.
)
The foregoing instrument was acknowledged before me this day of
, 2003, , 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.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
The City of Saint Paui
Department of Technology and Management Services
Real Estate Division
15 West Kellogg Boulevard
Room 140 City Nall
Saint Paul, Minnesota 55102
��-4t�
.. -
pa-a�
CONSTRUCTION EASEMENT AGREEMENT
THIS CONSTRUCTION EASEMENT AGREEMENT, made and entered into the
day of , 2003 by and between the HOUSING AND
REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a
public body, corporate and politic, organized and existing under the laws of the State of
Minnesota, hereinafter calied "HRA", and the City of Saint Paul, a municipal corporation
under the laws of the State of Minnesota, hereinafter called "City".
RECITALS:
WHEREAS, the City plans to construct Phalen Boulevard (the "ProjecY'); and
WHEREAS, the City has requested in connection with the Project that the HRA
grant to the City a temporary easement for construction purposes adjacent to the Payne
Avenue right of way; and
WHEREAS, the HRA 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 HRA, and in further consideration of the premises
and covenants contained herein, the parties agree as follows:
1, Carant of Easement. The HRA hereby grants, bargains and conveys unto
the City, its successors and assigns, a temporary slope and construction easement as
Shown on Attached Map Exhibit A� Said easement'is to expire on dune 1, 2005, or
��
such earlier date that the Easement Property is no longer needed by the City.
The HRA 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 acknowledges the presence of contaminants in the
Easement Property and shall exercise its rights and privileges hereunder at its own risk,
and shall indemnify and hold the HRA harmless, and releases and agrees not to sue
the HRA from and on the account of any and all loss, damage, costs, inciuding
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 exercise its easement rights herein. The HRA shall not be liable to the City if for any
reason the City's occupation or use of the Easement Property hereunder shall be
hindered or disturbed.
o�l -a�
THE PARTIES have executed this Easement Agreement as of the day and year
first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF
SAINT PAUL, M(NNESOTA
�
Its Chair/Commissioner
Approved as to form:
HRA 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
o�-o�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef�'�
DepartmenVofficelcouncil: Date Initiated:
TE ���ologyandManagementSecv I5-DEC-03 Green Sheet NO: 3009195
Coniaci Person & Phone:
Bob Novak
266-8863
Must Be on
`�-BE�B3�
�
Assign
Number
Por
Routing
Order
Department Sent To Person Initial/Date
0 echnol nd ana ement
1 i Attome ' �y,�t
2 echn lo nd Mana ement
3 or's Office Ma or/Assistant
4 ouncil
5 it Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
To accept the dedica[ion of temporary and permanen[ easements on property owned by the Saint Paul Housing and Redevelopment
Authority (HRA) for construction of Phalen Blvd.
Recommendations: Approve (A) or
Planning Commission
CIB Committee
Civil Serv�ce Commission
Personal
Answerthe Foliowinq questions:
t. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm 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 plans to begin construction of Phase II of [he projext. and needs Yhese easements ro proceed with [he advertising and
awazding of the contrustion contract.
AdvantapesifApproved:
The City will be able to secure a Right of Way Certificate from MDot, which is required before the City can advertise for construction
bids.
Disadvantapesif Approved:
none
Disadvantages If Not Approved:
The City will be unable to commence with the roadway contract until the necessary roadway easements have been dedicated.
Total Amount of 10000
Trensaction:
Punding Source:
Fi nancial Information:
(Explain)
CosURevenue Budgeted: y
ActivitvNumber. CPL-0O3-2S145-0789 ������"-+'Y''-"
� � L � � ����