Loading...
05-516Council File # 'S�� Green Sheet # ��t� {� CITY Presented RESOLUTION MINNESOTA 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 f \•'i ' • • . � il . . . . . . 'w�l t (. i , r i� � � w ! - f . 1 14 I�•••;� ,� . . . . ,._. :� .;� ; ��.'lr.,,{ f,���. .,-..i-. I.�r6� r . .'T. . : 1 �� '` 1! Lb i � ..�` � � i . (�. .i •-•.. r ••. �i�t � , K : � ,f \(; ���. ' . , : �:�• .;c� ' " y , .. ;. . , ,:. • ,..`.}'. '_ :: :. ., .. , L75 �- . ..: : :• • :.: .,., . - . :� ; y . . s �'A1� 49 ,� �� ... . :�. :' �:' ` �`� • `� . � F'c } •:` ., .. •• •• ' `r•� .^,. . 23 �'Yf � •• w�` �� .� ..� ��. : �' /� �.. `• W}itTE BEAR 24 ; . jg, :�(f; ,' .• �, ; `: : • < u .� =: .• :�. .�;.: :,:. :• � ¢ •; - �• _ f ,�� : �� a� :,. :; .. • rt :;� Q .. ..,, :,.:,. ,.: _ _� • .; . . .:;: : :: .. ,,,,- , � - `.•�' '• ..•'. • . .; t � .:.- �� Y '. _ �. • ••: � •: '. . . • �(� '.; ' r {� : , . -;.. S • �: •':� : �• ' A' �` I .� •.y)'� •�j 26 0 23, 3�' , .: ;: :,�p� ;; ,. :. • �,. � ' ,. I .� . . ,-. ; `� : . .; .,. .,..,.•. .:, t� .�-:.; � ::� - < ��.d � , .,.. ..,.. �. J ��� .. .,� . . s . . • G . �! • l ' • q � �l:�����• �H• •:' ' • •• •�� • � , � .� . � ' •i �.1 •- � �• : � � :�•• •�, . � Y, ♦• � ` r � �'� '' I-694 `�'- �� . . -. :, ; . , ; _. . � - �'� Easement _ �;P'`� �"� 36 '=�•' . � ,.; �: '.3�; G � h �= • • V i � • �w� • �• ♦ ♦: J� .'� �'� � « .,i. :,; . .'. ::: .�,' �� � -, . . � . .�-: . • p 69a • . . . . . a t * � r • t t t ' '� .. p ... i �:,t* �, � r 2 ' S .. • . - * .4.'� .�. r. . a� ` ` a � F '.� • • -:•- a• `�='� a.�- . +t 3 . .-- . .1. z . . . . . • :;: �; .� = -. � y � - . , . . � . . . . ' "}* . � . . t s ; . , . � p • J . ' - L'-!O" CO . . 1 " � f . . ��. rt r a • • , y R . . . . . . . . . . . a� ;.�`"'4 .a::j i� a ♦ a • ♦ a • � ♦ r ♦ ♦ ' ' ' ' ' ' • • . • �� '�.�` �, ;'„�:. '::4�. � � t. : 65 , . . . �'t. . . . . . , :,�., - .��: j _ �. . t . ' . ' E 1. . . . . . . � � .: .. . : �$ a� , -..�a;-. c '�� � ! t bP � . . . . . . . .'cirne c ' " . �• 5 ' . . . . . . . �IUP �x. � ` : � 38 . ` � -; `�' `.- : ts � 3T. . .t2. . �� �i.fl�}LE OD Q 1- • s '. . . . .-•••F.�� , , p�. . . J D1t.C.�Dili_E � �. �. �. �. � '°.`°X . ��.,- - . •�� .. r `� M. ' ♦ ♦ { ♦ ♦ ♦ ♦ �.V �� ♦ H.f. RES�. . . . . . . ': � ` �f.wlll tr°'�+':s��-;,z::', �:.� . . . a . �� r,' • a ♦ w ♦ s ';;, . . . �. �a � i7 n"'� y- - s . .� �s �4�--=- ' +�. . _ • - • • �. � .- � D►YUTlt�� • • 'a... •. •. � �•� �� 23 a... 26 Z? 25 .AT1i �U t P IAF+ �A.� AY[. a'�' "�='';; 70 M.C. Ht CREST� -" RESE WIR • � ' �.�'�` GO AGd AYE. f9 20 .''�:�2. � 22 23 82 t.�. srn,r�rr� ' � . � �w HA2El PK. HAYD�E.N "' -"- - . _ :: :.:_.,_�;.r±t:.-` PUMP STA. �cattTC _ . • ��� wa, ��d .a+�M � �!�l��•�� 35 36' �� 94 2 � t � -� 33 . t 94 26 V'j �{ 25 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. \') \��\�. \���\�. e�.��` �` . I` �( .-. � ° rZ� 2] 2 � yJ � > �W 14 ` ` 11, 10 i oa � � BL CK 1 , �� `� 1 16 1 19 2 � 0 < 0 0 �-^ � � 13 V 1 ° 10 � 2P�28�' � 15 � 16 � 1] � t8�19 �20� 21 �22�23�24�25 �� 2 t I ISB�OC� 3 ]2 I ll I 30 I 9 8 I l I 6� 5 I 4 I 3 I 2 2] � 28 � � 16 � 1] � 18 � 19 � 20 � 31 � 22 � 23 � 24 I 2511 26 I 2� I 28 I 29 � 30 �EI.ST_WEST V4 LINE SEC 31-30-22 ,� �Q��.� � �� � "- � -..- ----- ----- ownsso awo , m __"___ - 93'__� i 0�0 0 W � a I-°�' d � a o �� I I� '$ �� ,�� o z \ O � 4 � \ o �r- � , � � � � � J O a 3 � � � a �\ • . f � � . O `oT >[ f".-.""�. 0 4� ��,�_�� y � � �� R C C � i� -_\ 'Y 'I ° o � ���� �' o 0 0 /� ° aFt/B / � \ o � �_� _ o 1 RST 1ST(A BLOCK 1 I � Exhibit "A" � Layout sketch by MJG j � 4 0 � �; � o=�� � I ! J j I I` 0• PERIMNENT UTft �EP OOC. IB�36B8 \./ � � _ � � e � _ � _ �� , Date 6/�8/20�4 Parcel No. 239B A