05-1204Return copy to: (bn)
Technical Services Division
1000 City Hall A.nnex
Presented By
Refened To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Z3
Committee: Date
WHEREAS, the City of Saint Paul (City), as part of its public unprovement project to construct a a
pedestrian and bicycle trail extending the Bruce Vento Trail to Tndian Mounds Park and Downtown, is in
need of construction easements from property owners affected by said project and;
WHEREAS, Metropolitan Council, 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 are hereby authorized and directed to
accept the easement rights conveyance from Metropolitan Council to the City; and,
FiJRTFIER Y2E�OL�'ED, ihai ior the easement riguts conveyed, compensation in the amount of Two
Thousand Five Hundred Dollazs ($2,500) will be paid to Metropolitan Council, this being a fair and
reasonable value, Said sum to charged to Activity Code: CPLrCO3-3D041-0882-34211
Benanav
Harris
•���-� �
���� �i
� 1;1
���. ��
� .�
Yeas Nays
�-- C
✓- C
�- ��—
u
�
�
Council Secretary
Absent
0
Requested by Department of:
Parks And Recreation
By: !/�L�'1�-'` /' ' ��IJ��
D'arector
Form App'�oved by City Attomey
�p�a'ved by Mayor for Submission to Council
By: , �
coun�,l �le # �s � ao�
GreenSheet# 3029076
vs- � �f
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PN/ - Public Works
Confad Person 8 Phone:
Bob Nowk
266-8863
on Counc�l Agenda by (Date):
Contract iype:
RE-RESOLUTION
Date Initiated:
,�E� Green Sheet NO: 3029076
� '
Assign
Number
For
Routing
Order
0
1
Deoartment SentTa Person
�d' IConnal I "I
� ' Clerk (S Clerk
7oql # o Signat Pages _(C lip A l l Lo cations for S
Aotion Requested:
Approve compensaflon for construction easements needed to construct a pedestrian and bicycle trail extending from Bruce Vento
Trail to Mounds Pazk and Downtown.
Recommendations: Appro�e (A) or Reject (R):
Plar�ning Commission
CIB Committee
Citil SeMce Commission
Personai
questions:
'I. Has this persoNfirm e�er worked under a coMract for this department?
Yes No
2. Has this persoNTirm eeer heen a city employee?
Yes No
3. Does tNs personlfirm possess a skill not nortnally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separate sheetand attach to green sheet
Initiating Probiem, lssues, Opportunity (Who, What, When, Where, Why):
AdvanWSles NApproved:
Improvements can proceed as planned.
Disadvantages IfApproved:
Encroachments on private properties.
Disadvantaqes If Not Approved:
Project can not proceed as planned.
rotalAmountof $2500
Transaction:
Funding SoUrce:
Finanoial Information:
(Explain)
CosVRevenue6udgeted: Y ,�^ rn �, r „ f•,,�¢r��
p�" "°;,,C.;�. •.
ActiviryNumber. CPL-0O3-3D0410882-34�'i'
C3 E. L i f/8 CU�
December �3, 2005 2:29 PM Page 1
os- t ao�(
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, made and
entered into the day of , 2005 by and between the Metropolitan
Council, hereinafter called Met Council, 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 canstruct the Bruce Vento Trail Extension (the
"ProjecY'); and
WHEREAS, the City has requested in connection with the Project that Met
Council grant to the City a temporary construction easement fior construction purposes
adjacent to the Earl Street right of way; and
WHEREAS, Met Council 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 Met Gouncil, and in further consideration of the
premises and covenants contained herein, the parties agree as follows:
1. Grant of Easement. Met Council hereby grants, bargains and conveys
unto the City, �ts successors and assigns, a temporary construction easement
("Easement Property") described as 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.
Met Council 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. Indemniiv. The City shall exercise its rights and privileges hereunder at
its own risk, and shall indemnify and hoid Met Council harmless, and releases and
agrees not to sue Met Council firom and on the account of any and all loss, damage,
costs, including attorney's fees, claims 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. Met Council shall not be
liab�e to the City if for any reason the City's occupation or use of the Easement Property
hereunder shall be hindered or disturbed.
Page 1 of 3
0 5 - �aoy
THE PARTIES have executed this Easement Agreement as of the day and year
first above written.
METROPOLITAN C IL
APPROVED AS TO FORM:
By:
� zr�—, mas H. ea r
ffice of G neral Couns�t
Its: Reqional Administrator
STATE OF MiNNESOTA
COUNTY OF RAMSEY
ss.
On the 1� day of � ri , 2005, before me a notary public within and
for the said County, personally appeared Thomas H. Weaver, respectively, named in the
foregoing instrument, and that said instrument was signed on behalf of said Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota, by
authority of its Board of Directors and Thomas H. Weaver acknowledged said instrument
to be the free act and deed of said corporation.
.
ELIZABETH MARQUARDT
NOtAF1Y PUBLIC•MINNE.80TA
My Comiueibn Ezpires Jan. 97 2010
e.. ■
APPROVED AS TO FORM:
Office of City Attorney
STATE OF MINNESOTA
COUNTY OF RAMSEY
ss.
On the day of , 2005, before me a notary public within and
for the said County, personally appeared and
, respectively, named in the foregoing instrument, and that said instrument
was signed on behalf of said City of St. Paul, a public corporation, by authority of its Board
of Directors and and
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
�
Page 2 of 3
, //�. � ,�, ,
/ .. .
o,S = ia o�{
The City of Saint Paul
Department of Pubiic Works
Technical Services Division - Real Estate
15 West Kel(ogg Boulevard
Room 140 City Hall
Saint Paul, Minnesota 55102
Pa�e 3 of 3
. . . �--x,�,e�T A pr�- ��.p�