05-516Council File # 'S��
Green Sheet # ��t� {�
CITY
Presented
RESOLUTION
MINNESOTA
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WHEREAS, the CiTy of Saint Paul ("City") has property interests for benefit of the Boazd of
Water Commissioners ("Boazd'� over the following described real property situated in Ramsey
County, Mimiesota (the "Property"):
That part of the Northeast quarter of the Southwest quarter of Section 31,
Township 30 North, Range 22 West, as shown on E�ibit "A",
attached hereto and incorporated herein; and
WHEREAS, the State of Minnesota, acting though its Department of Transportation
("MnDOT"), as part of its Unweaue the Weave project desires to construct certain highway and
ufility improvements to Trunk Highway No. 694 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 Northeast quarter of the Southwest quarter of Section 31,
Township 30 North, Range 22 West, shown as Parce1239B on Minnesota
Deparhnent of Transportation Right of Way Plat Nuxnbered 62-34 as the
same is on file and of record in the office of the County Recorder in and for
Ramsey County, Minnesota; and as shown on Exhibit "A", attached hereto
and incorporated herein;and
WHEREAS, the Ciry is willing to grant such an easement to MnDOT; and
WI3EREA5, 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 $500 to the
Boazd as payment for said Highway Easement; and
WIIEREAS, the Boazd did adopt Resolufion No. 5022 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
b5
RESOLVED, that the Council of the City of Saint Paul does hereby approve the grant of a
Highway Easement over the above described Premises, and does hereby approve an Offer to Sell
said Highway Easement for payment of $500 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 �
Bosh�om ,/
Hanis ,/
Helgen ,/
Lantry ,/
Montgomery ✓'
Thune ✓
Ado
Ado
By:
App:
By:
Requested by Department of:
Saint Paul Regional Water Services
�'�,� ��.1 /
Form Approved by City Attomey
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�-5tt�
wA Wen�UOffimcouncii: D �Y-05� . ! Green Sheet NO: 3026490
Contact Person & Phone:
Steve Schneider
66274
Must Be on Council Agenda by
Total # of Signature Pages
Action Requested:
Adoption of council resol. approving an Offer to Se ll and a Highway Esmt allowing the State of MN to construct I-694 highway and
urility improvements within the BWC Vadnais Conduit right-of-way in Little Canada.
Attachmenu: 1. Loca6on Map 2. Proposed Resol. 3. Boazd Resol. No. 5022 4. Highway Easement and Offer to Sell
Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
The State of MN requires execution of a Highway Easement in order to conshuct its Unweave the Weave project. The attached Offer
to Sell is required by the State before it will issue payment to th.e Boazd of $500 for the Highway Easement.
Title to the BWC Vadnais Conduit right-of-way is held in the� name of the City of Saint Paul for benefit of the Boazd, thereby requiring
Ciry approval of the Highway Easement and Offer to Se1L
AdvantageslfApproved:
Construction of MnD01"s I-694 Unweave the Weave project can proceed.
DisadvantaAes If Approvetl:
None.
� � DenartrneM Sent To Person Initia ate
0 ater UUiitv I
Assign � I ater Utiliri DeQartment Director i��
Number i 2 'tvAttornev ,
Por
Routing � 3 vor•sOlTce MavodAssistant �
p�� i 4 ooncil �
� 5 ' Clerk ' CtiN Clerk i
AII Locations for Signature�
Servlce Contrects Must Answer the Following Gluestions:
1. Has this person/firm ever worked under a contrad for this department?
Yes No
2. Has this pereon/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee7
Yes No
Explain ali yes answers on separate sheet and attach to green sheet
���� ; ; ��
� � �
Disadvantages If Not Approved:
Construc6on of MnDOTs I-694 Unweave the Weave project will be delayed at considerable expense to the State.
Total Amount of
Transaction:
Fundinp Source:
CosURevenue Budgeted:
Activitv Number:
:� .. . {����:�
Financial Information:
(F�cpiain)
05-S�b
Staff Reuort
May 16, 2005
Highway Easemenf for Unweave I-694 over the
Board of Water Cominissioners Vadnais Conduit right-of way
in Little Canada
The Board of Water Commissioners is seeking City of Saint Paul approval to sell a highway
easement to the State of Minnesota (MnDOT) for $500 so that MnDOT can construct highway
and utility improvements to exisring I-694 as part of its "Unweave the Weave" project. Title to
the underlying property, which is the Boazd 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 highway easement rights over the majority of this pazcel from the Board in
1960, which is why the award amount is so low. The highway easement it now seeks includes a
smail additional azea, which will allow MnDOT to construct the pipe required to drain the
Board's Vadnais property and provide minor highway widening.
In 2004, the Board and City granted MnDOT a Temporary Permit to Construct so it could begin
construction ahead of the execution of a forthcoming Highway Easement. Staffls report to the
Board and City at that time noted that MnDOT would be seeking permanent easement rights in
the future. The documents now before the Council for consideration were drafted by MnDOT
and aze 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 Board of
Water Commissioners Resolution No. 5022.
V��Engineering\CLERICAUBOARD�Resolutions\Council Resolutions�Fiighway Easement_Unweave I-694_council staff report_OS-16-OS.doc
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Location Map
os-�o-os
BOARD OF WA7ER COMMISSIONERS
RESOLUTION — GENERAL FORM
PRESENTED 8Y Anfang
COMMISSIONER
�-5610
No 5022
May 10, 2605
DATF
WIIEREAS, the City of Saint Paul ("City") has properry interests for benefit of the Board of Water Commissioners
(`Boazd") over the following described real property situated in Ramsey County, Minnesota (the "Premises"), said
Premises being situated within the Board's Vadnais Conduit right-of-way in the City of Litfle Canada:
That part of the Northeast quarter of the Southwest quarter of Section 31,
Township 30 North, Range 22 West, shown as Pazce1239B on Minnesota
Department of Transportation RigJit of Way Plat Numbered 62-34 as the
Same is on file and of record in the office of the County Recorder 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. 694 within the Premises; and
WHEREAS, the Board is willing to grant permission for said improvements; and
WHEREAS, by Resolution No. 4980, the Board did approve a Temporary Permit to Construct, which granted such
City and Board permission to MnDOT, and which shall expire upon completion of said improvements; and
WHEREAS, at this time, MnDOT desires to secure permanent easement rights over the Premises, and has prepared
Offer to Sell and Highway Easement documents, which grant such permanent rights, for a purchase price of $500 to
be paid to the Board; and
WHEREAS, the assistant city attomey has reviewed and approved said Offer to Sell and Highway Easement
documents as to form; now, therefore, be it
RESOLVED, that the Offer to Sell and the Highway Easement related to the grant of easement to the State of
Minnesota over the Premises for improvements to Trunk Highway No. 694 in the City of Little Canada are hereby
approved, and that the proper officers are hereby authorized to execute said Offer to Sell and the Highway Easement
documents on behalf of the Boazd; and, be it
FURTHER RESOLVED, that the Honarable Council of the City of Saint Paul is hereby requested to approve said
Offer to Sell and the Highway Easement and to authorize the proper officers of the City of Saint Paul to execute said
Offer to Sell and the Highway Easement documents on behalf of the City.
Water Commissioners
Z'� Anfang Nays
Cardinal
Kleindl
Vice President Zanmiller
Adopted by the Board of Water Commissioners
In favor 4 Opposed �
May 10, 20 OS
O
SECY.
aS-S��O
����wryc�
RECOMMENDID FOR APPROVAL
STATE OF MINNESOTA
DEPARTMEN'P OF TRANSPORTATION
OFFER TO SELL AND
MEMORANDUM OF CONDITIONS
S�pezvisorofD"nectAschzse -
APPROVED
�
C.S.: 6285 (694=393) 901 Pazcel: 239B C ounty. R awsey
Owner and address: City of Saint Paul, Saint Paul City Hall, 8, East 4"' S�eet, St. Paul, MN 55101; Board of
Water Commissioners o£the City of �ainf Paul, 8 East 4�' S4eet, St. Paul, NI1V 55101;
For a valuable consideration, on this day of the undersigned
owners hergby offer tp sell ,and �onvey to the State of Minuesota for a total consideration of
Dollars ($ � pQ.CJO ) a lughway easement in the real estate or an interest thetein situated in Ramsey County,
Minnesota, described in the copy of the insfiument of conveya.nce hereto attached. .'' " `� -
The undessignedparties have Yhis day eacecuted an inshvmart forthe conveyance ofthe aforesaidreal estate
or an interest therein to the State ofMinnesota, and have conditionally delivered the same to the State ofMinnesota,
which inshument shall ha�e no effect until and unless tlus offer to sell and convey is acc`epted in writing by the
Office of Land Management of the Mivnesota Depazlment of Transportakon within 9 O days from the
date of ttus offer. Such notice af acceptance shall be by certifiesl mail directed to the address, appearing after our
signatures hereto. If this offer is not so accepted within the time ]iwited herein such conveyance shall be of no
effect, and said ivshnment shall forthwith be retutned to the undersigned owners.
If tlus offer is accepted it is mutually agreed by and beriveen the owners and the State as'follows:
{1)PossessionoftherealestateshalltransfertotheState 6h saftgthedate
of acceptance. The owner shall have the ri�t to continue to occupy the properiy or to rent same to the present
occupants or othets until the date of fransfer ofpossession. Any change in occupancy shall be subject to approval
and concurrence bythe State. On or before the date for 4ansfer or possession the owners will vacate the real estate
and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom
and have all urilities (if any) shut off by the supplier of satne. No buildings appurtenances or o'ther non-personal
items or fixtures will be removed from the premises by the owners or renters, including plpmbing and heating
fixtutes, etc. The owneis shall notify the Deparlment of Ti'ansportaflon as soon as the impfovements aze vacated.
The owners will maintain the impmvements d�sing theuperiod of occupancy and willmake all necessaryrepairs af
their own expense. The State's prospective bidders for the p�schase or demolition of the improvements on the ,
pmperiy shall have the right of en4y fur inspection purposes during the last 10 days ofpossession by the owners.
(2) Title to said real estate shall pass to the State of Mivnesota as of the date of said acceptance subject to
conditions hereinafter stated. _
(3) Buildings (if any) on said real estate shall be insured bythe owners against loss byfire and windstorm in
the amount of present coverage or if none in force then in an amount not less than ihe current mazket value during
the entire period of ffie owners' occupancy ofthe buildings on the real estate, suchpolicy orpolicies of ivsurance to
be endorsed to show the State's interest. '
Z�5-51 �
(4) If the State of Minnesota is acguiring all or a major portion of the property, mortgages (if any) on The
property shaCl be satisfied in full bythe State of Minnesota. The amount paid bythe State of Minuesota fo satisfy
said mortgage(s) shall be deducted from the amount to be paid to the owners under the terms oftUis agreement. The
amount paid by the State of Miunesota to satisfy the mortgage(s) sbzll include interest on the mortgage(s) to date
that payment is made to ttie mortgage holder.
(5) If the State of Minnesota is acquiring only a minor por[ion of the pmperty, and the property is
encumberedbyamortgage,itsballbetfieresponsibilityoftheownerstofiunishapaztialreleaseofmortgage. The
mortgage holder will be included as a payee along with the owners on the check drawninpayment forthe property,
Any fee charged by the mortgage hoIder for the paztiai release of mortgage must be paid for by the owners.
(� The owneis will pay all delinquent (if any) and all cturent reai estate taaces, whether deferred or not,
which aze a lien against the pmperty. Cnrrent taaes shall include those payable in the calendar yeaz in which
f.his docnment is dafed The owners will also pay in full any special yssessments, whethei deferred ornot, which
arealienagainsttheproperiy. Theowners'obligationtopaydeferredtazesandassessmentsshallcontinueaftathe
sale and sl�all not merge with the delivery and acceptance of the deed.
('n If enc�brances, mechanics liens oroTher items intervenebeforethe date the inshument ofconveyance is
presente{i for recording and same aze not satisfied or acknowledged by the owners as to validity and amoimt and
payment Tliereof aufhorized by the owners, said insfimient of conveyance shall be ietumed to the owneis.
(8) Payment to the owness shall be made in the due course of the State's business after payment of taxes,
assessments,mortgagesandailoffialiensorencumbrancesaga.instsaidreaiestate. Theownerswillnotberequired
to vacate the property until the ownets haue received payment. -
"(9) No paymenfs'sha7I be made ofanypart oftfie wnsideration for said sale until madcetable tifle is foundto
be in the owner"s �andhntil said insh�ent of conveyauce has been recoided. ' �
� (la)Theowaetsherebyu
this date, and a copy of this offer
(11) kis vnde�taod [3�atimless otherwisehereinafter statedthe State aequires ali appiu[enancesbelongingto
ihe premises including:
OWNERS: CTfY OF SAINT PAUL
� BY: '
TTS:MAYOR '
AND:
�fi�sc� �. �'�h
TTS: CLERK
�}55ics�Lt G� f}f�t�'n�,
AND
TTS: DII2ECTOR, OFFICE OF FINANCIAL SERVICES
BOARD OF WATER COMIvITSSIONERS OF THE CITY OF
SAIlVT PAUL'
�
TTS: PRESIDENT
/�I�i
TTS:SECRETARY
(Address of Owner where acceptance is to be mailed.)
(�j- 5 4(0
HIGHWAY EASEMENT
GS. 6285 (694=393) 901
Parce1239B
County of Ramsey
For and in consideration of the sum of �«r2 ��11��(.'e�+
Dollars ($ � � , Q ),
City of Saint Paul, a municipal corporation under the laws of the state of Minnesota, and Board
of Water Commissioners of the City of Saint Paul, a public body corporate and politic under the
laws of the state of Minnesota, Grantors, hereby convey and warrant to the State of Minnesota,
Grantee, together with the unrestricted �ght to improve the same, free and clear of all
encumbrances, a perpetual easement on and over real property in Ramsey County,
Minnesota, described as follows:
All of the following:
That part of the Northeast quarter of the Southwest Quarter of Section 31,
Township 30 North, Range 22 West, shown as Parcel 239B on Minnesota
Department of Transportation Right of Way Plat Numbered 62-34 as the same is
on file and of record in the office of the County Recorder in and for Ramsey
County, Minnesota;
containing 45097 square feet, more or less;
together with other rights as set fodh below, forming and being part of said Parce{ 239B:
Temporary Easement:
A temporary easement for highway purposes as sfiown on said plat as to said
Parcel 239B by the temporary easement symbol, said easement shall cease on
December 1, 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
Minnesota all grasses, shrubs, trees and natural growth now existing on said lands orthat may
be hereafter planted or grown thereon, and the right to remove and use all earth and other
materizls lying 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 the above-described area covered by this easement and for its use, or
any claims for damages to the fair market value of the remaining proper[y of Grantors caused
by the use of the easement, including grading and removal of materials from said easement -
area for highway purposes. Noiwithstanding the foregoing, Grantors do not release any ciaims
they may have as a result of the negligence of the Grantee, its agents or contractors, in
conducting any of fhe above activities.
Page 1 of 2
D5 -5 «
CITY OF SAINT PAUL
Its Mayor
��Sa, �i • U�
F}55 i s �aa'vY Ct' � ���
And
Its Clerk
And
lts Director, Offrce of Financial Services
BOARD OF WATER COMMISSIONERS OF THE
CITY OF SAINT PAUL
By
Its PresideM
And
Its Secretary
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
The foregoing instrument was acknowledged before me this day of
_ , bY artd
and . the Mayor, the
Clerk and the Director, Office of Finattcial Services, of City of Sainf Paul, a municipal
corporation under the laws of the state of Minnesota, on behalf of the municipal corporation.
NOTARY PUBLIC
My Commission Expires:
STATE OF MINNESOTA
COUNTY OF RAMSEY
)
) ss.
)
The foregoing instrument was acknowledged before me this day of
.bY and
, 4he President and Secretary of Board of Water
Commissiorters of the City of Sainf Paul, a pubfic body corporate and potific under fhe faws of
tfie sfate of Minnesota, on behalf of fhe public body corporate and poli&c.
This insW ment was drafted by the
State of Minnesota, Department of
Transportation, Mefro Right of Way,
1500 W. County Rd. B2
Roseville, Minnesrota 55193
NOTARY PUBLIC
My Commission Expires:
Page2of2
yursk.cei �°3�CG�� O(� �IG^Q�l I?Q�3C�[�d dQ�(OMS� � ••u•• � •
.'tSOT' OF TRANSPORTATION
z v
pographic intormotion required: Proposetl R/W line & access taking. Lot lines & dimensions �� K
.,how north arrow. Outline & location of builtlings & imDrovements. Streets or highway firontage.
C. S. 6285t694=393)9a1 ����{d
S.P. 6288-304 COUNTY Ramseu PARCEL N0. 239B
OWNER CITY OF ST.PAUL Scale 1" = 2m� ft,
'\\�`' f \ � ``-� � `�. ! - , l /`� � /
� \,
'\�°4,°.� ��. Entire iract w/rds: 181,007+/- sq.ft. (4.16+/-ac) �
\ ;��`;:
� �; ,; �\
�°„ �� Gross Permanent Highway Easement: 45,079+/- sq.ft. �
�`�% Encumbered Exisling Highway Easemedfl6,745+l- sq.ft.)
New Permanent Highway Easement: 8,353+/- sq.ft.
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Date 6/�8/20�4 Parcel No. 239B
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