06-715Return copy W: (jao)
Public Works Tech. Services
100Q City Hall Annex
Council File # t,J�t� �� �
Green Sheet # � ZI,3 /� pi �
LUTION
AUL, MINNESOTA
Presented By
Referred To
Committee: Date
1 WHEREAS, the City of Saint Paul, on behalf of itself, retained easement rights in vacated
2 property as described in Council File #04-1060 and Council File #04-1061, both approved
3 on November 17�', 2004, and;
4 Wf1EREAS, based upon the Certificate of Intended Non-Use filed voluntarily on behalf of
5 the City of St. Paul, Department of Public Works, the City of Saint Paul, at the request of the
6 Housing and Redevelopment Authority of the City of St. Paul, Minnesota (HRA), its
7 successors and assigns, desires the re]ease of easements as indicated in said Certificate of
8 Intended Non-Use, except as noted, so
9 THEREFORE BE IT RESOLVED, the City of Saint Paul does hereby release easements
10 rights, located in the property described in Council File #04-1060 and Council File#041061,
11 as indicated in the attached Certificate of Intended Non-Use, and
12
13
14
15
16
17
F'URTHER RESOLVEA, that the HRA, their successors andlor assigns shall pay $300 fee
to the City of St. Paul upon receiving a certified copy of this resolurion, and
FURTHER RESOLVED, that all other terms and conditions in Council File #04-1060 and
Council File #04-1061 shall remain in full force and effect.
Bostrom
Thune
Yeas N Nays I Absent
✓
✓ �r�
✓
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Adopted by Council:
Adapfion Certified / by Council �kcretary
By: �'�l./.'J�i7���.�diL
Approve� ! ` r: te t7�GYo
BY� �
Requested by Department of:
l�
Public Works
Approye�.by� ar for Submisslon to Council
K �(
By: ��_,
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnentloffiWeouncil: " Datelnitlated:
Pw -�b���W� ; ,��� ' Green Sheet NO:
� Contact Person & Phone: �
JUAN ORTIZi /,� Q� ,,
266�8864 �..-�F �
Must Be on Council Agenda by (Daie): �,
3031384 _ ,,5
0 Pubtic Works r/K/ldl�Jb �2eai Fstafe 1000 ('HA
1 �tr At[ornev (Stv Attornev
— r
2 gu bGcWorks 'DeoarbnentDiredo
3 J17avor's Office MavodAssisfant /
4 Gounol Ctitv Cmmcil
5 Ctitr Qerk ' Citv Clerk �
6 �PubGc Works eaI Estate 1000 CHA �
Total # of Signature Pages �(Clip AII LocaHons for Signature)
` Action Requested:
; Retease City easement rights in the azea known as [he West Side Flats as indicated in the attached Certi£icate of Intended Non-Use.
i
rcecommenaanons: qppro�e (n) or F
Planning Commission
CIB Committee
CiHI Senice Commission
1. Has this persoNfirtn e�er worked under a contract for this depadment?
Yes No
2. Has this persoNfirtn eeer been a city employee?
Yes No
3. Does this persoNfirm possess a skill rrot normally possessed by arry
current city empioyee?
I Yes No �
I Explain a0 yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why); —�
In order to develop the R'est Side Flats area from Wabasha east to the RR tracks, various City easements need to be released and/or �
revised. Public Works has reviewed the existing easements and made its recomsmedation. � j
'�, Advantanes MApproved:
� Development of the area can proceeed.
i
Disadvanp5�es IfApproved:
None foreseen.
'• DisadvaMayes If NotMproved:
; Development of the azea cannot take place with a(1 the current eneroachmenTS in place.
; TotalAmountof
Trensaction: 300 CostlRevenue Budgeted:
' Fundiny Source: qctivitv Number. 255-12363-2833
Financial Infortnation:
(ExpWin)
�
Auign
Number
For
Routing
Order
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July 97, 2006 1:22 PM Page 1
CERTIF{CATE OF INTENDED NON-USE
(�-�
TI� HONORABLE MAYOR AND MEMBERS
OF'THE COLTNCII. OF TF3E In the Matter of:
CTI`Y OF SAINT PAUL Easement File # Ol-GO1fPart 1)
The undersigned hereby certifies, on behalf of the indicated department or company, that it
does not intend to exercise its easement rights as described below and as referred to on the
attached Maps and E�ibit "A":
1) Utility easement in a portion of vacated Fillmore Avenue, Doc. #532402 dated 04/06/1968.
2) Sewer easement in a portion of vacated Fillmore Avenue, Doc. #532402, dated 04/0611968.
3) Sewer easement in part of vacated Custer Street, as recozded with Ramsey County 04/08/1907.
4) Sewez easement in the North part of Govemment Lot 3, close to the Mississippi River. Final
Order in Condemnation Proceedings, dated 08J17 1938, recorded 10i0511938, Doc. #937347.
5) Sewer easement in the center of subject property, Recorded OS/12/1947 as Doc. #164003.
6) Sewer easement in the center of subject property, Recorded 11J19/1949 as Doc. #1224221.
7) Sewer easement in the center of subject property, Recorded as Doc. #914340.
8) SewerlFloodwall easement recorded 01115/1969 as Doc. #531819.
except as here noted: See comments on PaEe 3 attached to this form.
STATE OF MINNESOTA
COUNTYOF }SS
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The foreaoing instrument was acknowledged before me this _.° �' - day of � . 20_,
by �J LG „�i��/ t6e /I Jf I/
oF ,l/' r� M � �'y/� �/'e ///' a .�/� .D/ AY �r� 11 �
under the laws of the Smte of Minnesota. .
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CERTIFICATE OF INTENDED NON-USE
(Pa�e 2) Reserved for Comments Pertainin� to Easements in Items #1 —#8 :
�
EXHIBIT "A"
1. (a)
(b)
(c)
(d)
2. (a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
4. (a)
(b)
(c)
(d)
Ob-715
Name of Interested Partv: City of Saint P8u1.
Nature and Amount: Utility easements in a portion of vacated Fillmore Avenue.
Recording Data: Document No. 532402 (Al, recorded February 10, 1969 and Book 169,
P�e 100(T), recorded February 11, 1969, dated Apnl 6, 1968.
Reason for the Requested Relief: The ufllities descri6ed in this document either no longer
exist in these azeas or will be relocated when the property is developed. New utiliry
easemenzs will be �anted when the property is re-platted.
Name of Interested Partv: City of Saint Paul.
Nature and Amount: Sewer easement in a portion of vacated Fillmore Avenue ro protect the
existing Custer Street 7'0" sewer.
Recordin¢ Data: Document No. 532402 (A), recorded February 1Q 1969 and Book 169,
Pade 100(Tl, recorded Februazy 11, 1969, dated Apri16, 1968.
Reason for the Rec�uested Relief: The utilities described in thSs document either no longex
exist in these azeas or will be relocated when the property is developed. The City is vacating
the easements. New utility easements will be granted when the proper[y ls re-platted.
Name of Interested Partv: City of St Paul
Nature and Amount: Covenants and easements regarding maintenance of a sewer in vacated
Custer Saeet.
Recordine Data: Ciry of St. Paui Resolution vacaung Custer Street, Book 57 of Misc.
Page 131,recorded Apri18,1907.
Reason for the Reauested Relief: The sewer desctibed in this document either no longer
exists or will be relocated when the pioperty is developed. The City is vacating the
easements. New u6lity easements wi11 be granted when the propetty is re-platted.
Name of Interested PaRv: City of St, Paul
Nature and Amount: Covenants and easements regazding maintenance of a sewer in the
northern end of Govemment Lot 3 close to the Mississippi River.
Recording Data: Final Order in Condemnation Proceedings, dated August 17, 1938,
recorded October 5, 1938 as Document No. 937347.
Reason for the Reguested Relief: The sewer described in this document either no longer
exists or will be relocated when the property is developed. The Ciry is vacating the
easemems. New utility easements will be granted when the property is re-platted.
�
0 �
CER7I�ICATE OF INTENDED NON-USE
Tf� HONORABLE MAYOR AND MEMBERS
OF TfIE COUNCII. OF THE
�1YY
In the Matter of:
Easement Fi1e # Ol-GOl(Part Zl
The undersigned hereby certifies, on behalf of the indicated department or company, that it
does not intend to exercise its easement rights as described below and as referred to on the
attached Maps :
9) Easement for Construction and Maintenance of Flood Wail and Appurtenant Structures for
F7ood Control Purposes and for access to levee, pumping station, closure structure, floodwall or
sewers. Doc. # 494003, dated Februazy 3, 1965, recorded December 9, 1965.
10) Permanent Easement for Construction and Maintenance and for Access to l�e, pumping
station, closure structure, floodwalls or sewers. Doc. # 1612884, dated January 6, 1964, recorded
Mazch 5, 1964.
11) Easements for construction, maintenance and access to levee, closure structures, floodwall,
sewers and appurtenant structures. Doc. #1715282, dated May 25, 1967 and Doc. # 1715283,
dated December 28, 1966, recorded December 20, 1967.
12) Easements for construction, maintenance and access to levee, closure structures, floodwall,
sewers and appurtenant structures. Doc. # 505100, dated September 16, 1966, recorded
November 4, 1966.
13) Permanent Easement far Construction and Maintenance and for Access to levee, pumping
station, closure structure, floodwalls or sewers. Doc. # 1743029(A), and 531687(T), recorded
Januuy 8, 1964.
14) Permanent Easement for Construction and Maintenance and for Access to levee, closure
structure, floodwalls or sewers. Warranty Deed, Doc. # 1560370, dated April 10, 1462, recorded
April 16, 1962.
15) Easement for public utility puiposes in and adjacent to Block 175, Robertson's Addition.
Final Order in Condemnation Proceedings, Doc. # 925703, recorded June 27, 1990.
16) Easement for Construction and Maintenance of a sewer along the western edge of Block 175,
Robertson's Addition, shown in final order in condemnation proceedings.
Document No. 161726 recorded December 12, 1936.
except as here noted: See comments on Pa$e 7 attached to this form.
0
CERTIFICATE OF INTENDED NON-USE
(Pa�e 7) Reserved for Comments Pertaiv.in� to Easements in Items #9 —#16;
STATE OF MINNESOTA
COUNTYOF }SS
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T6e foregoing inshument was aclmowledged before me flus �02 �� day of
by
of
20_�
unaer me �a c�R� d. K�LSTAU (� �
'� P ������ Notary Public ���� f�—�
YeCoe�amm:Erann»n.N. —' ///� � � � �� � � �
. � My commission expires ,� � J � Zd � 4
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ONCE SIGNED- RETCIRN ALL ORIGINAL COPIES TO 1000 CITY HALL ANNEX, ST PAUL, SSZ02
7
Department of Public Works
Technical Services/Real Estate
1000 City Hadl Annex
Saint Paut, MIV 55102
c°�—�i �
Phone: (651)266-8850
Fcix: (65I)266-8855
CITY OF SA1NT PAUL
Christopher Coleman, Mayor
June 14, 2006
.-.
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RE: Easement Release File OL-C-Ol Parts 1& 2(Release Easements in the W. Side Flats Site)
The parties having interest in the area known as the West Side Flats, have requested a waiver of
the following easements: See attached information. The puipose of this request is to develop the
property with new businesses and homes. Please execute the enclosed certificate and return it to
the Real Estate Division, as addressed above, by 7une 26, 2006.
Please note that the easement release is sepazated into two portions, Part 1 are easements that
have been reviewed and preliminarily approved for release, as referenced in Section G of titie
registration application to be filed on behalf of the City, HRA and developer. Part 2 are easements
thai could be released after further consideration, as referenced in Section F of said application.
You can reference the meeting notes dated 06/13/2006 from Regina Walsh of Briggs & Morgan,
pertaining to this development project (Item 9b), a copy of which is attached.
If there are questions, please contact me at 651 266-8864.
Si�
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J an A iz
Public Works
Technical Services
(Ol-C-01.Easeinq)
AA-ADA-EEO Employer