06-716Return copy to: (BJE)
PWtTechnicai Services — Real Estate
1000 City Hail Annex
RESOLUTION
Council File # �,' �'�p
Green Sheet # 3031355
OF SAINT PAUL, MiNNESOTA
Presented By
Referred to
Committee: Date
1 WHEI2EAS, the City of Saint Paul ("Cit�') operates a public sewer on property owned by the
2 Saint Paul Independent School District No. 625 ("School District"), commonly known as the
3 Johnson Senior High School athletic field; and
4
5 WHEREAS, the School District groposes to construct a new artificial athletic field and uack, which
6 requires the construction of a new public sewer in a different location on the Johnson High School
7 property, as shown on the survey map attached hereto as Exhibit - `A"; and
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WHEREAS, the City has agreed to release the existing sewer easement, as contained in Document
No. 2379085 and described and attached hereta as Exhibit "B", in exchange for the Schooi
DistricY s dedication of the new sewer easemeni, as attached hereto as Exhibit "C"; and
WHEREAS, the Valuation & Assessments Engjneer has determined the new sewer easement to be
of equivalent value to the existing sewer easement to be released by the City; now therefore be it
RESOLVED, that with ihe accompanying Uulitp Easement Certificate of Intended Non-Use, filed
voluntarily on behalf of the Deparnnent of Public Works for the City of Saint Paul, made a part
hereof by this reference and filed in the office of the City Clerk of Saint Paul, the Mayor and
Council of the City of Saint Paul hereby release and waive all rights to the public sewer easement
as depicted in Exhibit "A"; and be it further
RESOLVED, that the Mayor and City Council hereby accept a new public sewer easement from
the School District, their successors and assigns, in a form and content substantially as set forth in
the draft Dedication of Easement attached hereto as Exhibit "C"; and be it further
RESOLUED, that the release of said existing public sewer easement sha11 be subject to the City's
receipt of an executed easement from the School Bistrict for the new public sewer; and be it finally
RESOLVED, that upon passage of this resolution, the proper City officials are hereby authorized
and directed to record a copy of said resolution and Dedication of Easement in ttie office of the
County Recorder, Ramsey County, and that the City Clerk shall maintain on file a copy of the
Certificate of Intended Non-Use referenced in said resolution.
Councit File #
Public Works
BV: �a��-�G
Duectnr ,,,
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3031355
Page 2
Form
Requested by the Depaztment of:
Adopted by Council: Date � . a
Adoption Certified by C uncil Secr ary
By: �
Approved by - r: ate
By:
G:lReal EstateNacations�?006V16.0 �2UOhosoa HS Sewec.ResoluROn doc
I:
Green Sheet #
by City
for S�bmissiqa� to Council
By:
-��tt�-
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PW -�,bli�w�
ContactPerson 8 Phone:
B'uce Engelbrekt
2665854
Must Be on Council Agen�
'12-JUL-06
�
Assgn
Number
For
Roufing
Order
p�.-1l�
Green Sheet NO: 3031355
0 �iblicWOiks� IL /�.�/VCa I BruceEnQdbrekt I �
1 �eA�an enarhnentDirector �� l�
2 lv Attornev. .. . .Tudv Hanson ,�� 1 ���
3 IMavor's Office 1 Mavar/ASSistant `1'
4 07
5 ' Clerk Q' CI
Total # of Signature Pages _(Clip NI Locations for Signature)
Approval of resoluuon to authorize ffie release of a city storm sewer easement and acceptaace of a new storm sewer easement from
Saint Paul Public Schools to accommodate the relocarion of a sewer beneath the 3ohnson High School athlefic field
idations: Appro�e (A) or Reject
Planning Commission
CIB Committee
Citil Service Commission
Personal Service Cuntracts lAust Answer the Following questions:
1. Has this persoNfirtn e�er worked under a coMract for this department?
Yes No
2. Nas this persoNfirtn ever been a city employee'+
Yes No
3. Does this persoNfirm possess a skiil rat nortnally possessed by arry
current city employee?
Yes No
Explain all yes answers on separate sheet and akach to green sheet
Initiating Problem, Issues, Oppartunily (Who, What, When, Where, Why):
The School District proposes to reconstruct the Johnson HS athletic field with artificial tarf and a new artificial track. As part of th
project, the School Diatric[ proposes to relocate the exisfing city storm sewer lying beneath that field. This resolufion authorizes the
City's release of the existing sewer easement and the acceptance of the new sewer easement from the School District.
Pdvantages If Approved:
The School Disffict will be able to relocaze the sewer line and the City will have ownership and easement rights to the new sewer.
Disadvantages If Approved;
None
� � � � � '�� .�,�°.`.
.i� i. % 2Gait6
Disadvantapes M Not Approved:
The School Dishict will be unable to relocate ihe sewer line to accommodate [heir project.
TotaiAmountof O
Transaction:
Fundinq Source:
Financial Informaf[an:
(Facplain)
Cost/Revenue Sudgeted:
AcHviN Number.
ftECEiVED
,��� 2 a 2006
�. � �-� ,� .-�- g�°�g
�� : � :'$ S ��.�?"5i�a�`
RECE1VEa
JU� 2 Q 2006
MA9'OR'S nFFrr
July 12, 2006 2: 90 PM Page 1
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Easement Sketch for:
IIVDEPElVDENT SCHOOL DISTRICT 1�lO. 625
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�� Scale: 1 inch = 60 feet
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�n � � Denotes porfion ofQxi3
� public sewer easement
� contained in Rocument
� No. 2379085 to be
W vocotedo� ra{qateQ
� (� Rr9posuQ p�l,Cc seweh
Q � BaSeMtM1
proP°$ eoseme�nt
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Southwest co�ner of
Block 3, OAKV/LLE PARK
Southwest comer 't �"' line of vocated !vy pvenue
° B PyA�EN P��£ "� � GREENBRIER
,_.. __ West tine of B�a�k 3, S TREET
OAfMtLE PARK extended
� � Rehder and Associates, Inc.
CML ENGtNEERS AND LAND SURYEYORS
N+a Poard Onve • SuRa ba - Fagan, �Fnroxto • Pmne (65i) +sz-sos+
Exh�b►{ �B"
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PUBLIC SEWER EASEMENT TO SE VACATED
That portion of the pubtic sewer easement secarded as Document No. 2379085
described as follows:
The south 30 feet of the north 48 feet of Lats 1, 2, and 3, the south 43 feet of the
North 48 feet of Lot 4, the Morth 37 feet of Lot 5, the North 22 feet of Lot 6, the
North 10 feet of Lot 7, Biock 3, Oakviile Park, St. Paui, Ramsey County,
Minnesota.
Also, the South 43 feet of the Vacated E. tvy Avenue right-of-way from the East
right-of-way line of Greenbrier Street to a point 100 feef East of the said line.
Also, the South 23 feet of the vacated E. Ivy right-of-way from a point 100 feet
East of the East right-of-way line of Greenbrier Street to a point 195 feet East of
the East right-af-way line of Greenbrier Street.
Aiso, that part of vacated E. ivy Avenue lying between the West Iine of Block 3,
Oakviile Park extended and a line 30 feet East of and parallel to said west line
e�ended.
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�x�►►bif `<<„
DEDICATION OF EASEMENT
FOR PUBLIC SEWER PURPOSES
Independent School District No. 625,
Grantor(sJ, for good and valuable consideration, to them in hand paid and the receipt of
which is hereby acknowledged does taereby grant, bazgain, sell and convey to the Citp of Saint
Paul, a municipal corporation of the State of Minnesota, its successors and assigns, as Grantee, a
38-foot wide permanent easement for pnblic sewer purposes over, under s2nd across that pazt of
vacated Ivy Avenue and that part of Lots 7, 8 and 9, Block 3, OAKV�LE PARK, according to
the recorded plat thereof, Ramsey County, Minnesota, the northeaste�ly line of said 38-foot
easement is described as follows:
Beginning at a point on the south line of said BIc3cI� 3`distant 78.55 feet easterly of the
southwest corner thereof; thence northwesterly fo a point on the west li��:of said vacated
Ivy Avenue distant 17.00 feet southerly of.:�t�e:sauthwest_comer of Block � I,,ANE'S
PHALEN FLACE, according to the recorded g�t:�hereaf;'�aid Ramsey Co�nty, and there
said line terminates.
Together with a permanent easement for gul��c sewer purposes a�ez, under and across the South
7 feet lots 1, 2, 3, 4 and 5, said Biock 3 the S�r�ih'�..feet of the Eas�?:feet of Lot 6, said Block 3
and the South 15 feet of Lots 6, 7 and 8, said:Block'�;. ��i�h lies wesferly of the East 7 feet of
said Lot 6 and easterly of the following described li�:
Beginning at a p�mt on t�e.south line of said Block 3 distant 78_55 feet easterly of the
southwest co�r thereof; Chence northwesfexly to a point on the west line of said vacated
Ivy Avenue distai�t 17.00 feet southerly of tlie`�outhwest corner of Block 4, LANE' S
PHALEN PLACE, a�e�?rdingt�'ttie.�
said:l�t�� tei'�iiiates
�`� have and to hold �te same f�seve
the land at�d premises afor�"�id, ane� has
plat thereof, said Kamsey County, and there
r. Grantor does covenant that it is we11 seized in fee of
good right to sell and convey the same free of all
That Crantor �lso cavenants that the above granted easement is in the quiet and peaceable
possession of the Grautet�_:;�rantor will warrant and defend against all persons lawfully claiming the
whole or any part theret�f; subject to encumbrances, if any, hereinbefore mentioned. It is intended
and agreed that this agreement shall be a covenant running with the land and shall be binding to the
fullest extent of the law and equiry for the benefit of the public. It is further intended and agreed that
this agreement and covenant shall remain in effect without limitauon as to time.
06-71�
IN TESTIMONY WHEREOF, Grantor(s), ,
a under the laws of , has(ve)
caused this deed to be executed in its corporate name by iu duly authorized officers, and attested
to this day of , 2006.
By
Its
And
Its
�
STATE OF MINNESOTA
ss
COUNTY OF RAMSE�'. �
The foregoing was acknowIet���ti befor�; �t�tt��c..: day of , 2006
by And
the and
of
This Instrument was drafted by:
Depaztment of Public Works
Technical Services Division - Real Estate
Room 1000, City Hall Annex
25 W. 4`" St.
St. Paul, MN 5510?
G�ReatESta�e\Vacauoas�Bmre�2002\02X.03 -FligLtand Esmt SwapUipJdFSmtSwap.PecmSarsESmtSChook.doc
C�
CERTIFICATE OF INTENDED NON-USE
THE F30NOR.ABLE MAYOR AND MEMBERS
OF THE COLTNCIL OF TF� In the Matter of:
CTI'Y OF SAINT PAUL Vacation File # 06-C-02
The undersigned hereby cer[ifies, on behalf of the indicated department, that it does not intend to
exercise its utility rights in the realty described below:
That portion of the public sewer easement recorded as Document No. 2379085 described as
follows:
The south 30 feet of the north 48 feet of Lots 1, 2, and 3, the south 43 feet of the North 48
feet of Lot 4, the North 37 feet of Lot 5, the North 22 feet of Lot 6, the Nonh 10 feet of Lot
7, Block 3, Oakville Park, Sz Paul, Ramsey Counry, Minnesota.
Also, the South 43 feet of the vacated E. IvyAvenue right-of-way from the East right-of-
way line of Greenbrier Street to a point I00 feet East of the said line. Also, the South 23
feet of zhe vacated E. Ivy right-of-way from a point 100 feet East of the East right-of-way
line of Greenbrier Street to a paint I95 feet East of the East right-of-way line of
Greenbrier Street.
Also, that part of vacated E. Ivy Avenue lying between the West line of Block 3, Oakvitle
Park extended and a line 30 feet East of and parallel to said west line extended.
except as here noted:
STATE OF MINNFSOTA
COUNTX OF
}SS
,�
/
its: s;����c✓
Signature
/I Y-�
The foiegoing inskument was aclmowledgzd befoie mz tF�is `� day of � . 20 �
of a
uader th ��`•
6Ap6/�RA J. KOLS7A0�
NOiARY PUkIC•I W W ESO'��
1MCMI�IOM'fwMJq. N.701E
�
Notary Public �w✓'�' �-4 � " � %
My comrttission expiru �� � �� Z.a � O
RETURN SIGNED/NOTARIZED COPY TO 1000 CITY HALL ANNEX, 25 W. 4`" St., ST PAUL 55102