06-717Return copy to: (BJE)
PW/Technical Services — Real Estate
1000 City Hall Annex
Council F7ile #
Green Sheet #
RESOLUTION
CITY
Presented By
Referred to
Committee: Date
2 WHEREAS, the City of Saint Paul ("City") owns pazk land, commonly known as the Highland 9 Golf
3 Course, adjacent to land owned by the Saint Paul Independent School District No. 625 ("School District"),
4 commonly known as the Highland High School athletic field; and
6 WHEREAS, in order to formally establish property rights associated with overlapping uses between the City
7 and School District on each of these properties, the School District desires a permanent easement for sewer
8 purposes located on the City's property, and the City desires permanent easements for golf purposes and
9 sewer purposes on School District property, all as shown on the attached survey map (attached as Exhibit
lo "A"); and �
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WHEREAS, the Valuation & Assessments Engineer has determined the value of the easement desired by the
School District to be equivalent to the value of the easements desired by the City; and
WHEREAS, the dedication of the sewer easement on City property is not a disposai or diversion of city park
land under Chapter 13.01.1 of the Saint Paul City Charter because the sewer existed and was in use prior to
adoption of the charter provision; now, therefore be it
RESOLVED, by the Council of the City of Saint Paul, that the Mayor and the proper City officials aze
hereby authorized and directed to enter into an Easement Agreement with the School District, their
successors and assigns, to establish a permanent easement for sewer purposes in favor of the School District
and permanent easements in favor of the City for golf purposes and sewer purposes in a form and content
substantially as set forth in the draft Easement Agreement attached hereto as Exhibit "B"; and to record said
agreement with Ramsey County.
2 5
Requested by the Division of:
Parks and Recreation
� L� i�._.'II. ' - � _- /
_ �
Adopted by Council: Date �
Adopuon Certified by Council Sec tary
BY�
Approved b�r,N r: Date � 06
By: �,
26
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PAUL, MINNESOTA
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3030700
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G�Itwl EswreWacaho��2002�02 X.03 - Hi¢hland Esmt Swan�FleldEsmtSwan.Au.doc
� Green Sheet Green Sheet Green Sfieet Green Sheet Green Sheet Green Sheet �
Departrnentloffice/counN:
pW - r�ros�worx.c
Contad Person R Phone:
B`uce Ergelbrekt
2668854
Must Be on Council Agenda by
Date Initiated_
21JUL-06
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Total# of Signature Pages _(Clip NI Lacations forSignaNre)
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Green Sheet NO: 3030700
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Approve resoluaon to authorize an exchange of permanent golf and sewer easements between the City of Saint Paul and the Saint
Paul Public Schools.
Hiations: Apprrne (A) or Reject (R): Personal Service Contracts MustMswerthe Following questions:
Planning Commission �, ry� ��s persoNfirtn e�er worked under a contract for this department?
CIB Canmittee Yes No
CiHI Senice Commission 2. Has this persoNfirm e�er been a city employee?
Yes No
3. poes this persoNfirm possess a skill not nortnally possessed by arry
current city employee?
Yes No
Explain a�l yes answers on separate sheet and altach to green sheet
Initiating Problem, 4ssues, Oppoctunily (Who, What, When, Where, Why):
The City and School District have overlapping uses on properties including t6e Highland HS athletic field and Highland 9 Hold
Course. This resolution would grant each enflty the right to use the other's property for specific purposes.
Advantages If Appraved:
The City and School Dishict will have the necessazy rights to use and maintain their respecflve facilities o� the oWer's property.
Disadvantages HApproved:
None
REGEIVED
�u� 2 5 2oos
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Disadvantapes If NotApproved:
Neither the City nor the School District will have the neoessary rights to use and maintain tl�eir respeuve facilides on the other's
ProPerty.
'- �Transactlon: �
PundinA Source:
Financial information:
(Expiain)
CostlRevenue Budgeted:
Activity Number.
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���� 26 2006
July 21, 2006 1:13 PM Page 1
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SPACE ABOVE TffiS LINE FOR RECORDER'S USE
PREPARED BY AND WHEN
RECORDED MAIL TO:
The City of Saint Paul
Public Works/Technical Services Division
1000 City Hall Anuex
25 West Fourth Street
Saint Paul, Minaesota 55102
GOLF AND STORM SEWER E�SEMENT AGREEMENT
THIS AGREEMENT, is mad� ef�e.ctive__as of the day of , 2006
by and between the CITY OF SA;�,T PAUL� iGIINNESOTA, a municipal corporation,
organized and existing under.the laws;flf th� State of Minnesota (the "City"), and the
INDEPENDENT SCHOOL BISTRL�CT NO. 625, a public body corporate and politic,
organized and existing under the laws af the State of Minnesota (the "School DistricY').
RECITALS
A. The City owns park land, commonly known as the Highland 9 Golf Course,
adjacent to land owned by the School District, commonly known as the Highland High School
athletic field.
B. In order to formally establish property rights associated with overlapping uses
between the City and School District on each of these properties, the School District desires a
permanent easement for sewer purposes located on the City's property and the City desires a
permanent easement for golf purposes and a permanent easement for sewer purposes on School
District property, all as shown on the survey map attached as Exhibit "A";
NOW, THEREFORE, in consideration of the premises and covenants contained herein
and other good and valuable consideration, the receipt of which is hereby acknowledged, the City
and School District agree as follows:
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ARTICLE 1
GRANT OF EASEMENTS
11 Citv — Sewer Easement The City grants to the Independent School District No.
625 a 30-foot wide permanent easement for sewer puzposes over, under and across the following
tract of land being in the Counry of Ramsey, State of Minnesota, described as follows:
That part of the Northwest Quarter of the Southwest Quarter of Section 15, Township 28,
Range 23 Ramsey County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the Southwest corner of said Northwest Quarter of the Southwest
Quarter; thence South 84 degrees 42 minutes 58 seconds East an assumed bearing
along the South line of said Northwest Quart�r of the Southwest Quarter, 77630
feet to the East line of the West 776.27 fesY af: said Northwest Quarter of the
Southwest Quarter; thence North 0 degr�es 15 n�inutes 16 seconds West along
said East line, 732.49 feet to the pox�i of {teginnirig of the centerline to be
described; thence South 74 degrees 43:}nindtes 56 seconds East 166.29 feet;
thence South 11 degrees 46 minutes 50 s�conds East 137.44 feet; thence South 44
degrees 25 minutes 13 seconds �ast:224.71 feet; thence South 62 degrees 21
minutes 16 seconds EasI. feef; theiice South 3 degrees 17 minutes 14
seconds East 4430 feei; fki�nce S�iath 28 degrees 2 minutes 24 seconds East
282.72 feet and there fe�nina�n�.
The side lines of said'easement_�re prolonged or shortened to terminate at the East line of
the West 776.27 feet of s�tid NQrthwest Quarter of the Southwest Quarter.
1.2 School District — Sewer and Golf Easements. The School District grants to the
City the following:
A. A 30-foot wide permanent easement for sewer purposes over, under and
across the following tract of land being in the County of Ramsey, State of Minnesota,
described as follows:
That part of the Northwest Quarter of the Southwest Quarter of Section 15,
Township 28, Range 23, Ramsey County Minnesota.
The centerline of said easement is described as follaws:
Commencing at the Southwest corner of said Northwest Quarter of the
Southwest Quarter; thence South 89 degrees 42 minutes 58 seconds East
an assumed bearing along the South line of said Northwest Quarter of the
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Southwest Quarter 77630 feet to the East line of the West 776.27 feet of
said Northwest Quarter of the Southwest Quarter; thence North � degrees
15 minutes 16 seconds West along said East line , 732.49 feet; thence
South 84 degrees 40 minutes 25 seconds VJest 55.00 feet to the point of
beginning of the centerline to be described; thence North 12 degrees 25
minutes 53 seconds East 173.11 feet and there terminating.
B. A permanent easement for golf purposes over, under and across the
followina uact of land being in ihe Counry of Ramsey State of Minnesota, described as
follows:
That part of the West'776.27 feet of the Northwest Quarter of the Southwest
Quarter of Section 15, Township 28, Range 23, Ramsey County Minnesota,
except the South 210.00 feet thereof, subject to roads, lying Easterlp of the
following described line:
Commencing at the Southwest cortie€:af the Northwest Quarter of the
Southwest Quarter of Section lS;.thence �outh 84 degrees 42 minutes 58
seconds East an assumed beazing along the �outh line of said Northwest
Quarter of the Southwest Quat'fer; 776.30 feet to the East line of the West
776.27 feet of said Northwest Qui�ter of the Southwest Quarter; thence
North 0 degrees 15 minu#es °15 �econds West 210.01 feet to the North line
of the South 214.0 feet of'said:i�Tarthwest Quarter of the Southwest
Quarter; then�, North 89 degrees 42 minutes 58 seconds West 87.61 feet
to the point_of li�gin�ii�g; �fience North 5 degrees 2� minutes 13 seconds
East 3Q1':'77`f�et, flience North 87 degrees 40 minutes 2 seconds East 6.83
feet; i1���ce Notf� 0-�egrees 35 minutes 44 seconds East 34.81 feet; thence
North 8(i'degreeS 09 minutes 43 seconds West 7.03 feet; thence North 0
degrees 11 �iautes 36 seconds West 62.60 feet; ihence North 47 degrees
43 minutes i 6 seconds East 42.85 feet; thence North 0 degrees 13 minutes
53 seconds West 637.79 feet to the southerly right of way of Montreal
Avenue and there terminating.
ARTICLE 2
GENERAL PROVISIONS
2.1 Covenants.
A. The City, for itself and its successors and assigns, does covenant with the
Schooi Aistrict, its successors and assigns, that it is the fee owner of the Park Property and
has good right to grant and convey the storm sewer easement herein free of all encumbrances.
The City aiso covenants that the storm sewer easement is in the quiet and peaceable
possession of the School District. The City will warrant and defend against all persons
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lawfully claiming the whole or any part thereof, subject to encumbrances, if any,
hereinbefore mentioned.
B. The School District, for itself and its successors and assigns, does covenant
with the City, its successors and assians, that it is the fee owner of the School Properry and
has good right to grant and convey the storm sewer easement and golf easement herein free
of all encumbrances. The School District also covenants that the storm sewer easement and
golf easement aze in the quiet and peaceable possession of the City. The School Dastrict will
warrant and defend against all persons lawfully claiming the whole or any part thereof,
subject to encumbrances if any, hereinbefore mentioned.
2.2 Easement to Run with the Land All aforementioned easements shall run with the
land and shall be binding upon and inure to the benefit of the parties hereto, their successors and
assigns.
2.3 Time Limitation. This agreement and coveirants shall remain in effect without
limitation as to time.
2.4 Indemnitv. Each party shall be responsible for its own acts and the results thereof
and shail not be responsible for the acts of the othe� party and the results thereof. Each party
therefore ag�ees that it will assume all risk and liability for_itself, its agents or employees for any
injury to persons or properry resulung in any mann�r from the conduct of its own operations and
operations of its agents or employees under tfii� agreement, and for any loss, cost, damage, or
expense resulting at any time from failure'CO exereise proper precautions, of or by itself or its own
agents or its own employees. The St�te`s �iabi�ity shall be governed by the provisions of the
Minnesota Tort Claims Act, Minri: �zat. '3 736> and other applicable law. The liability of the parues
shall be governed by the pravisions af.the Minnesota Municipal Liability Tort Act, Minn. Stat.
'466.04, and other applicable la�v�.
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SIGNATURE PAGE TO
EASEMENT AGREEMENT
CITY OF SAINT PAUL, MINNESOTA
By: _
Its Mayor
BY=
Its Director of Financial Services
Approved as to form:
Assistant City Attomey
6`� y 3� � u I I�► L► 1�.Y � J 1 I:1
COUNTY OF Kamsey
By. :
�ts City Cl�rk._
� °:::
) ss. `
)
The foregoing instrument was acknowledged before me this day of
, 2006, , Mayor, , Director,
Office of Financial Services and , City Clerk of the City of Saint Paul,
Minnesota, a municipal corporation under the laws of the State of Minnesota.
Notary Public