05-1203Return copy to: (bn)
Technical5ervices Division
1000 City Hall Annex
Presented By
Refened To
RESOLUTION
CfTY OF SAINT PAUL, MiNNESOTA
Council File #
Green Sheet #
ZZ
Committee: Date
WHEREAS, the City of Saint Paul (City), as part of its public improvement project to construct a a
pedestrian and bicycie trail extending the Bruce Vento Trail to Indian Mounds Pazk and Downtown, is in
need of construction easements from property owners affected by said project and;
WHEREAS, 410 East 4"' Bldg. Partnership, a property owner affected by the above mentioned project,
has agreed to convey the necessary easement rights to the City for the completion of said Bruce Vento Trail;
so,
THEREFORE BE IT RESOLVED, that the proper City officials aze hereby authorized and directed to
accept the easement rights conveyance from 410 East 4"` Bldg. Partnership to the City; and,
FURTHER RESOLVED, that for the easement rights conveyed, compensation in the amount of Two
Hundred Fifty_dollars ($250) will be paid to 410 East 4"' Bldg. Partnership , this being a fair and reasonable
value, Said sum to.charged to Activity Code: CPL-0O3-3D041-0882-34211
)
or
OS /�.03
3029057
� OS_'1 �
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartrneMloffice/council:
PW — �licworks
Contact Person 8 Phone:
Bab No�k
266-8863
Must Be on Council I
/��..g
by (Date):
ContractType:
RE�2ESOLUiION
Date Initial
13-0EC-05
� ,
Assign
Number
For
Routing
Order
0
1
Sent To Person
Total # of SignaNre Pages _(Clip NI Loeat3ons forSignature)
Action Requested:
Approve compensaflon for construcfion easements needed ro construct a pedestrian and bicycle trail extending from Bruce Vento
Trail to Mounds Pazk and Downtown.
d
Contracts
Planning Commission 1. Has this persotJfirtn e�er waked under a contract for this department?
CIB Committee Yes No
Citil Service Commission 2. Has this persoNSrm e�er been a city employee?
Yes No
3. Dces this person/firtn possess a skill not rwrtnally possessed by any
current city employee?
Yes No
F�cpWin allyes answers on separate sheetand altach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Advantapes IfApproved:
Improvements can proceed as planned.
Disadvantages If Approved:
Encroachments on private properties.
Disadvantages MNotApproved:
Project can not proceed as planned.
foWlAmountof ��
Transaction:
Funding Source:
Financiallnformation:
(Explain)
�P°.,a=� _�^,�^•C?S+»..4� �:�f^f��'
��C�62�05 �
CosflRevenue BudgeMd: Y
Activity Numher. CPL-0O3-3D041-0882-34211
Green Sheet NO: 3029057
Decemb er 93, 2005 8:94 AM Page 1
p$ - 1ao3
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPOftARY CONSi'RllCTION EASEMEtVT AGFiEEMENT, made and
entered into the day of , 2005 by and between the 401 East 4th
St. Building Partnership , hereinafter called ""401 "", and the City of Saint Paul, a
mun+cipal corporation under the faws of the State of Minnesota, hereinafter cailed
"Cit�'.
RECITALS:
WHEREAS, the City plans to construct the Bruce Vento Traii Extension (the
"ProjecY'); and
WHEREAS, the City has requested in connection with the Project that The "401"
grant to the City a temporary construction easement for construction purposes adjacent
to the Earl Street right of way; and
WHEREAS, the The "401" 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 The "401", and in further consideration of the
premises and covenants contained herein, the parties agree as follows:
1. Grant of Easement. The The "401" hereby grants, bargains and conveys
unto the City, its successors and assigns, a temporary construction easement Discriped
as The Southerly 5 feet of Lot 5, Block 48 Kittsons Addition To St. Paul and shown on
Attached Map "Exhibit A� Said easement is to begin on January 1, 2006 and expire
on December 31, 2006, or such earlier date that the Easement Property is no longer
needed by the City.
The The "401" 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. 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 rights and privileges hereunder at
its own risk, and shall indemnify and hold the The "401" harmless, and releases and
agrees not to sue the The "401" from and on the account of any and a!I loss, damage,
costs, inciuding 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 The "401" shall not be
Iiable to the City if for any reason the City's occupation or use of the Easement Property
hereunder shall be hindered or disturbed.
��.i�o�
THE PARTIES have executed this Easement Agreement as of the day and year
first above written.
The City of Sain[ Paul
Depar[ment of Public W orks
Technicat Services Division - Real Esta[e
IS West Kellogg Boulevud
Room 140 City Hall
Saint Paul, Minnesota 55102
401 East 4th Bidg. Partnership
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