05-515Conncil File # � ���
Green Sheet # .��� SDS
RESOLUTION
Presented
��
.
.
PAUL, MINNESOTA
aS
1 WHEREAS, the City of Saint Paul ("City") has property interests for benefit of the Board of
2 Water Commissionezs ("Boazd") over the following described real properry situated in Ramsey
3 County, Minnesota (the "Properiy"):
4
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
That part o£the East half of the Southeast quarter of Section 6, Township 29 North,
Range 22 West, as shown on Exhibit "A", attached hereto and incorporated herein;
and
WHEREAS, the State of Minnesota, acting though its Department of Transportation
("MiillOT"), as part of its Unweave the Weave project desires to construct certain highway and
utility improvements to Trunk Highway No. 35 within the Property, and requires a highway
easement over the following described portion of the Property (the Premises"), granting it rights
to accomplish such construction:
That part of the Southeast Quarter of the Southeast Quarter and the Northeast
Quarter of the Southeast quarter of Section 6, Township 29 North, Range 22 West,
shown as Parce1305A on Minnesota Department of Transportation Right of Way
Plat Nuxnbered 62-33 as the same is on file and of record in the o�ce of the
County Recorder in and far Ramsey County, Minnesota; and as shown on Exhibit
"A", attached hereto and incorporated herein; and
WHEREAS, the City is willing to grant such an easement to MnDOT; and
WHEREAS, MnDOT has prepared a Highway Easement, which grants such rights to MnDOT,
and an Offer to Sell, which MnDOT requires be executed before it issues payment of $2,300 to
the Boazd as payment for said Highway Easement; and
WHEREAS, the Board did adopt Resolution No. 5021 approving said Highway Easement and
Offer to Sell, authorizing execution of same, and requesting that the Honorable Council of the
City of Saint Paul likewise approve and authorize execution of said Highway Easement and
Offer to Sell on behalf of the City; now, therefore, be it
o�-s��
RESOLVEA, that the Council of the City of Saint Paul does hereby approve the graut of a
Highway Easement over the above described Premises, and does hereby approve an Offer to Sell
said Highway Easement for payment of $2,300 to the Boazd of Water Commissioners, and does
hereby authorize the proper officers of the City of Saint Paul to execute said Highway Easement
and Offer to Sell on behalf of the City.
�
Yeas Nays Absent
Benanav ✓
Bostrom ;/
IIatris ,/
Helgen ✓"
Lantr3' ✓
Montgomery �/
177une J/
Ado
Ado;
By:
App�
By:
Requested by Department of:
Sain[ Paul Regional Water Services
�'�,�_,�•' I I
Form Approved bv Citv Attomev
� Green Sheet Green Sheet
ueparvneM/omcetcounen:
WA a'azerUlility
Contact Person & Pho�u:
Steve Schneider
66274
Must Be on Council Agenda by �Date):
. ' �
Green Sheet Green Sheet Green Sheet Green Sheet �
� ����
17-MAY-05
�
Assign
Number
For
Routing
Order
(�-51�
Green Sheet NO: 3026505
0 aterUtiliri '
1 ahr U61iri _ _De�artment Director ' �
2 'RStv Attomev
3 a or•s Office _ . __Ma yodASSistaot __
4 onucil - ---
5 " Clesk Citv Clerk —�
Total # of SignaWre Pages �(Ciip Ail Locations for Signature)
Adoption of Council Resln approving an Offer to Sell and a Highway Esmt allowing the State of MN to construa I-35E highway and
utiliry improvements within the BWC Vadnais Conduit right-of-way in Little Canada. Attachments: 1) locarion map, 2) proposed
resolution, 3) Boazd Resolution No. 5021, 4) Highway Easement and Offer to Sell.
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
L Has this person�rm ever worked uader a cantraG for this department?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not nortnally possessed by any
current city empioyee7
Yes No
Explain all yes answers on separete sheet and akach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The State ofMN requires execution of a Highway Easement in order to construct its Unweave the Weave project. The attached Offer to
Sell is required by the State before it will issue payment to the Boazd of $2,300 for the Highway Easement. Title to the BWC Vadnais
Conduit righ-of-way is held in the name of the City of Saint Paul, thereby requiring Ciry approval of the Highway Easement and Offer to
Sell.
Advantages If Approved:
Conshuction of MnDOT's I-35E Unweave the Weave project can proceed.
DisadvantageslfApproved:
None
� �.
�, _ � � �
Disadvantages If NM Approved:
Construction of MnDoYs I-35E Unweave the Weave project will be delayed at considerable expense to the State.
Transaction:
Fundinp Source:
CwURevenue Budgeted:
Activily Number:
.., �u,6,°2�P!;^� P;P3ti$P,Y
Financial I nformaGOn:
(Explain) MAY 2 7 2005
US-5��
Staff Renort
May 16, 2005
Highway Easement for Unweave I-35E over the
Board of Water Commissioners Vadnais Conduit right-oF way
in Little Canada
The Boazd of Water Commissioners is seeking City of Saint Paul approvai to sell a highway
easement to the State of Minnesota (MnDOT) for $2,300 so that MnDOT can conshuct highway
and utility improvements to existing I-694 as part of its "Unweave the Weave" project. Tide to
the underlying property, which is the Board of Water Commissioners Vadnais Conduit right-of-
way, is held in the name of the City of Saint Paul for benefit of the Board, thereby requiring City
approval of the Highway Easement and offer to sell.
MnDOT acquired surface and air rights over this pazcel from the Board in 1958. The highway
easement it now seeks, which is what it typically acquires, more specifically allows it to
construct and maintain its highway infrastructure within the easement area.
In 2004, the Board and City granted MnDOT a Temporazy Permit to Construct so it could begin
construction ahead of the execution of a forthcoming Highway Easement. Staff's report to the
Boazd and City at that time noted that MnDOT would be seeking permanent easement rights in
the future. The documents now before the Councii for consideration were drafted by MnDOT
and are the means by which it proposes to acquire these rights.
The assistant city attomey has reviewed and approved the Offer to Sell and Easement documents
as to form.
See attached Location Maps, Offer to Sell and Highway Easement documents, and Boazd of
Water Commissioners Resolution No. 5021.
VdEngineering\CLERICAUBOARDUtesolufions\Counci] ResoluponsU-Iigt�way Easement_Unweave I35E_council staff report_OS-16-0S.doc
14 F� .
, .GTQ� �
.� .
S NRIL � 49 F �
23 � J ~ :
24 � :
� � n . r•. I7'_ ' • y r l ! 1
� J . . • � � • • . � �
� J �
.::: .:; .
... ::�: �
'�'• :
�„ � �.;;�: •.„� �'.,��
��� , :��. :.` � ;,�� „
.
�� . . ±•�' :� �� "
�' � �,',�. .:
. : ..
.,, :�:
:• =•' i
,• ,•, :. :
�..; ..;. ..�
•'�i .' • . : • :
., ' .+: :•: :•: : .;.•. � ,
� �� �:;.�: :�:� : :. =: .�
� :� � .. �� :: � .,.. F
�TYi:J 'I"f:f: �ri�
`f';%; :%:'ff. y{ i„y
/f •�� „� �
:{ � �
,�
�:.
.� '• .G .`�
,:.
.�
;. ;:. ..• •''
�= � '::= ;fi�
Y �'=' -
3E �'-
.
. �, ' . •::�::
� r �• •
♦ �• • ���
r
•' � • ' • ' . '`�� _ .
a •� • � t Y I
. . 2 g • . t" '- + .�'
� .
� �,r , �. _F �. � - .a. ar.:� _'�-
. . . . . � �; .� '� � ,� _ :.
. . �,
. •L�lO" CO �- ., . +
_ �
. :. :. :. : . : . . : . :. :. :. : � �� y; ,,' !
. . .. . ,� �
'.'11.'.'. '."1�. .
. . . . . .'c.irnE�c T �.� 3B .":
. . . . . ' VuP STi�. • .
�o'u:a.'c.w:e ' . ' . ' . ' . ". ' �;._,� ; :Fs<'
H.i. 1lE3L`RYO • • • • •' r• - ,
. . .'� -
�-�• - i4 . ', . ..., ..; ;;� i� r ��
�nrru�-e�..� ' . ..��. �. �. �� . __ . M�R✓
't,. 23
�
0
i
•
a� w.
26
2
2�
25
u.,� .
'^ K.�.
3�
94
{
-35E Eas
;� :��. `.', j i .:
:.:�: .,�{�. w -
; �
., , � .,
��- r
.��h��a .w �r
t�
. �. �
T9 �
20 ":,2
YIAN� i '° �`:'i
W :.'�
O r�._,
30 29 �;' _
< : . 28
3
33
94
�
�
ia
!.� : �� � �r Y; '�«v,
: :., -. 05 5t�
�, ,
. � WHiTE BEAR
. .:
� �'� : '' �2-4 '''
,R�
{� + ' 'f��� '."r: '`�
��� _ �`:• •�.'. � �''-".�� 4
,�;'� , •',. � ,
`'� i,..:' ' .
.�; _;� �
: `;,; ; :,:5 ; ; . • �' -
.�: ;,: :. .; :�;"�. - , � �: -;:,
„ . . ..:: �P�-� • .
4:;..` j.�� �5;'.•� �- �,;
' 't�� ./ ��' '4 ++^; i "' �-,'.� .�
� 594
�
ement -
. , �.
t —. . .1.
. r ; • j � i � * ��j�` ♦ .J �
x w � ♦ a QG ♦ ♦ ♦
. „
,......
ss ,'.'�'.. .
�
!Q i 1 �. . �P�t��� � �
. .
t.f G.� • :j?. .
►�Cr� 04 � � pd� • � � ,
♦ ♦ a ♦ ♦ ♦ ♦
• • • ♦ a ♦
• ♦ • ♦ ♦ ♦
a � a }�♦ ♦
ts J•s�_. _
� � �X.� xvc:
M.G. Ht CRE5T0
RESE VOiR �
GO AGE IIV�
?2 A 23 �2 .G. sr+ti►ipP
ZEl PK. :
26 V� � 25 "
Location Map
05-70-05
SOARD OF WATER COMMISSIONERS
RESOLUTION — GENERAL FORM
PRESENTED BY AIIPaIIg _
COMMISSIONER
�5- 5��
No 5021
May 10, 2005
WHEREAS, the City of Saint Paul ("Cit}�') has property interests for benefit of the Boazd of Water Comtnissioners
("Boazd") over the following described real properry situated in Ramsey County, Mimiesota (the "Premises"), said
Premises being situated within the Boazd's Vaduais Conduit right-of-way in the City of Little Canada:
That part of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter
of the Southeast quarter of Section 6, Township 29 North, Range 22 West, shown
as Pazce1305A on Minnesota Department of Transportation Right of Way Plat
Numbered 62-33 as the same is on file and of record in the office of the County
Recarder in and for Ramsey County, Minnesota; and as shown on E�ibit "A",
attached hereto and incorporated herein;and
WHEREAS, the State of Minnesota, acting though its Department of Transportation ("MnDOT") desires to
construct certain highway and utility improvements to Trunk Highway No. 35E within the Premises; and
WHEREAS, the Board is willing to grant permission for said improvements; and
WHEREAS, by Resolution No. 4979, the Board did approve a Temporary Permit to Construct, which granted such
City and Board permission to MnDOT, and which sha11 expire upon completion of said improvements; and
WHEREA5, at this time, MnDOT desires to secure permanent easement rights over the Premises, and has prepazed
Offer to Sell and Highway Easement docuxnents, which grant such permanent rights, for a purchase price of $2,300
to be paid to the Board; and
WHEREAS, the assistant city attorney has reviewed and approved said Offer to Sell and Highway Easement
documents as to form; now, therefore, be it
RESOLVED, that the Offer to Sell and the Highway Easement related to the grant of easement to the State of
Minnesota over the Premises for improvements to Trunk Highway No. 35E in the City of Little Canada are hereby
approved, and that the proper officers are hereby authorized to execute said Offer to Sell and the Highway Easement
documents on behalf of the Board; and, be it
FURTHER RESOLVED, that the Honarable Council ofthe City of Saint Paul is hereby requested to approve said
Offer to Sell and the Highway Easement and to authorize the proper officers of the City of Saint Paul to execute said
Offer to Sell and the Highway Easement documents on behalf of the City.
Water Commissioners
Yeas
Anfang
Cardinal
Kleindl
Vice President Zanmiller
Nays
Adopted by the Board of Water Commissioners
May 10, 20 05
In favor 4 Opposed. � � �
SEG�.
_
�-5�S
�rn�;wea�orwsyown .
STATE OF NSIIQNESOTA
DEPART'MENT OF TRANSPORTATION
RECOMMENDID FOR APPAOVAL
OFFER TO SELL AND
NIEMORANDUM OF CONDTITONS
S�perviwc of Direct Rffclia,se
APPROVID
C.S.: 6280 (35E=390) 906 Parcel: 305A Commty: Ramsey
Owner and address: Boazd of Waker Commissioners of the City of Saint Paul, 8 East 4�` Streat, St Paul, MN
55101; City of Saint Paul, Saint Paul City Hall, 8 East 4 Street, St. Paul, M1V 55101; ,
For a valuable consideration, on tlus day of , the undersigned
owners hereby offer to sell �nd convey to the $tate pf Mynnesota for a total �consideration of
Dollazs ($�306, 00) a highway easement in the real estate or an interest therc
Minnesota, escribed in the copy of t$e instriiment of conyeyance hereto atfached.
The undersigned pazties have this day executed an instrument for the conveyance of the aforesaid real estate
or an interest therein to the State ofIvlinuesota, and haue conditionally delivered the same to the State ofMinnesota,
wluch inshument sha11 have no effect until and unless tlus offer to sell and convey is accepted in writing by the
Office of Land Management of the Minuesota Deparpnent of Transportation within `IQ days from the
date of tlris offer: Such notice of acceptance shall be by cerli5ed mail directed to khe address appeariug af}er our
sigiatures hereto. If tlus offer is not so accepted within the time limited herein such conveyance shall be of no
effect, and said instrpment shall forthwith be returned to the undersigned owners.
If flus offet is accepted it is mutually agreed by and between tke owners and the State as follows:
(1) Possession ofthe real estate shatl transfer to the State ���rihe date
of acceptance. The owner shall have the right to continue to occupy the pmperty or to rent same to the present
occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval
and concurrenca by the State. On or before the date for transfer ot possession the ownexs will vacate the real estate
and the improvements (if any) located theteon, or cause same to be vacated, remove all personal effects therefrom
and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non-personal
items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating
fixtuxes, etc. The owners sha11 notify the Departmerrt of Transportation as soon as the improvements aze vacated.
T'he owners will maintain the improvements during theirperiod ofoccupancy and will make a11 necessaryrepairs at
ffieir own expense. The State's pmspective biddeis for the purchase or demolition of the improvements on tha
property shall ha�e the right of entry for inspection pucposes during the last 10 days of possession by the owners.
(2) Tit1e to said reat estate shall pass to 5he State of MirniesoY.a as of the date of said acceptance subject to
conditions hereinafter stated. � _
(3) Buildings (if any) on saidreal estate shall be insnred by the owners against loss byfire and cvindstomi in
the amount ofpresent coverage or ifnone in force then in an amount not less than the current mazket value during
the entueperiod ofthe owners' occupancy of thebuildiugs on thereal estate, such policy orpolicies of insurance to
be endorsed to show the State's interest.
r
(4) If the Stafe of Minnesota is acquuing all or a major portion of the property, mortgages (if any) on the
properly shall be satisfied in full by the Shte of Minnesota. The amount paid bythe State of Mvnesota to satisfy
saidmortgage(s)shallbedeductedfromtheamounttobepaidtofheownersimderthetemvsofthisageement. The
amount paid by the State of Mivuesota to satisfy ihe mortgage(s) shall include interest on the mortgage(s) to date
that payment is made to the mortgage holder.
(5) If the State of Miunesota is acquiring only a minor poriion of the property, and the properiy is
enc�Ueredbyamortgage,itshallbetheresponsibilityo£tlieownerstofimrishaparEiatreleaseofmortgage. The
mortgage holder will be included as apayee along with the owners on the check drawn inpayment for theproperty.
Any fee charged by the mortgage holder for the paztial release of mortgage must be paid for by the owners.
(� The owneLS will pay all delinquent (if any) and all current real estafe taaces, whether defeaed or not,
wliich are a lien against the propezly. Current taxes shall mclnde those payable in the calendar year in wluch
this docnmenf is dafed. The owneia will aiso pay in fiill any special assessments, whether defeired or not, w]uch
azealienagainsttheproperty. Theowners'obligationtopaydeferredtaYesandassessmentssballcontinueafterthe
sale and shall not merge with the delivery and acceptance of the deed
('n IfencimiUrances,mechanics liens orotheritems intervenebefore the date the instr�ent ofconveyance is
presentcd for recording a¢d saine are not satisfied or acknowledged by the owners as to validity and amoimt and
payment thereof authorized by the ownecs, said instrument of conveyance shall be retumed to the owners.
(8) Payment to the owneis sha11 be made in the due course of the State's business afta_payment of taxes,
assessments,mortgagesandallotherliensorencumbiancesagainstsaidrealestate. Theowneiswillnotberequired
to vacate the properiy until the owners have received paymeat � �
(9) No payments shatlbe made of anypart ofthe considention for said sale until mazketable hfle is foimd to
be�in the ownecs and imtil said insEnmienf of conveyauce bas been recorded.
� (lOjTheownersherebyac�owledgereoeiptofabopyoftheinshlmmentofconveyanceeacecutedbyfhemon
this daTe, and�a copy of tlus offer and memoiandum. �
(11) Itis vnderstood U7at unless otherwisehereinafterstated the Sht acquires atl appuitenances belongingto
the premises including: .
OVJNERS: BOARD OF WATER COMMISSIONER,S OF TFIE
C1TY OF SAINT PAUL
BY:
1TS: PRESIDENT
��� ?�P `7�'.�i `��
��` �� ��Y� TTS: SECRETARY
" CTTY OF SAINT PAUL
BX:
TTS: MAYOR
AND:
TTS: CLERK
AND:
TTS: DIRECTOR, OFFICE OF FiNANCIAL SEItVICES
(Address of Owner where acceptance is to be mailed.)
C�5
HIGHWAY EASEMENT
C.S.6280(35E=390)906
Parcel 305A
Date: County of Ramsey
For and in consideration of the sum of �ci ��V co,
V@ �� r pollars ($ ��� p O_ �� ),
Board of Water Commissioners of the City of Saint Paul, a public body corporate and politic
underthe faws of the state of Minnesota, and Cdy of Saint Paul, a municipal corporation under
the laws of the state of Minnesota Grantors, hereby convey and warrant to the State of
Minnesota, Grantee, together with the unrestricted right to improve the same, free and dear of
all encumbrances, a perpefual easement on and over real property in Ramsey County,
Minnesota, described as follows:
AII of the following:
That part of the Southeast Quarter of the Southeast Quarter and the Northeast
Quarter of the Southeast Quarter of Section 6, Township 29 North, Range 22
West, shown as Parcel 305A on Minnesota Department of Transportation Right
of Way Plat Numbered 62-33 as the same is on file and of record in the office of
the County Recorder in and for Ramsey County, Minnesota;
containing 45161 square feet, more or less;
together with other rights as set forth below, forming and being part of said Parcel 305P<:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said
Parcel 305A by the temporary easement symbol, said easement shall cease on
December �, 2009, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for highway
purposes.
Grantors, for themselves, their successors and assigns, do covenant never to cut, damage,
destroy, or remove any tree or shrub or other natural growth upon the hereinbefore described
premises for the continuation of this easement; do hereby grant and convey to the State of
Minnesoia all grasses, shrubs, trees and natural growth now existing on said Iands orthat may
be hereafter planted or grown thereon, and the rlght to remove and use all earth and otfier
materials lyi�g within the parcel of land hereby conveyed.
The said Grantors do hereby release the State of Minnesota from any claims for damages to
the fair market value of fhe above-described area covered by this easement and for its use, or
any claims for damages to the fair market value of the remaining property of Grantors caused
by the use of the easement, including grading and removal of materials from said easement
area for highway purposes. Notwithstanding the foregoing, Grantors do not release any claims
they may have as a result of the negligence of the Granfee, its agents or contractors, im
conducting any of the above activities.
Page 1 of 2
�i.sa f�• ?/
{95���5fA��I' G�'�. t�N��'�? 0 .
STATE OF MINNESOTA
CITY OF SAINT PAUL
By
Its Mayor
And
lts Clerk
And
Its Director, Office of Financial Services
BOARD OF WATER COMMISSIONERS OF THE
CiTY OF SAWT PAUL
Its President
And
Its Secretary
COUNTY OF RAMSEY
)
) ss.
)
The foregoing insfrument was acknowledged before me fhis day of
. ,bY and
. and the Mayor, the
Clerk and the Director, Office of Financial Services, of City of Saint Paul, a municipal
corporation underthe laws of the state of Minnesota, on befialf of fhe municipa( corporation,
STATE OF MINNESOTA
COUNTY OF RAMSEY
NOTARY_PUBLIC
My Commission Expires:
)
) ss.
)
The foregoing instrument was acknowfedged before me this day of
. ,6y and
, the President and Secretary of Board of Water
Commissioners of the City of Saint Paul, a public body corporate and politic under the laws of
the state of Minnesota, on behalf of the public body corporate and politis,
This instrument was drafted by the
Sfate of Minnesota, Department of
Transportation, Metro Right of Way,
1500 W.County Rd.B2
Roseville, Minnesofa 55113
NOTARY PUBLIC
My Commission Expires:
Page 2 of 2
vU�S�.�C1 Ini�l�JWll VI� WG°dV I�/,°,11nfl�il�L� L�W1(I�JUV `' '
MINNESOTA OF TRANSPORTATION S
Topogrophic infiormation required� Proposed R/W Iine & acces5 taktng. Lot lines & tlimenstons 4
Show north orrow. Outline & location of buildings & improvements. Streets or highway firontoge.
C.S. 6280(35E=39�)906 �'�l�
S.P. 628�-304 COUNTY Ramseu PARCEL N0. 305A
OWNER Board of Water Commissioners,Citu St Paul SCole 1" = 2m0 - Ft.
Entire tract w/rds: 180,803+/- sq.fr. (4.15+/- ac) �]
New Gross Permanent Highway Easement: 45,161+/- sq.ft. �
o f� s- Encumbered Existing Highway Easement: (45.161+/- sa ft )
�� New Permanent Highway Easement: 0+/- sq.ft.
�-
� Temporary Easement (due to expire: 12/Ol/09) 2,588+/- sq.ft.
� �
�__ -_ � ; � �, 0.=0===-=� �.�
� � _��
,�
ee I Q=====___-_
`, �
� �� iQ ��_ l--°-1 �
� `�`' ._ III,� i� � �
s
SILVER\
- 3
r � \�\
� �
� `.
I �
1 .\; �
� �
�
0
�`
ii
-� �„ a
�I
I11
� ;
<tT�� \
� 4 R �40
Exhibit "A" �;
Layout sketch by MJG
I
/
J
i
I
�1
__
,
,
,
1
,
�
,
,
,
I
l
I u�f�
� �
�
/
��
� �
� �� �
/��, �
�-I.
a� ��
��g
iil��li�����#��
�. - : �o�
� � ,,
� ___.
�- , � ;�
, �s
� ;�
Porcel No.
cr_•,