06-903Return copy to: (jao)
Public Works Tech. Services
1000 City Hall Annex
ES�LUTION
NT AJdL. MINNESOTA
Presented By
Referred To
Committee: Date
1 WHEREAS, the Council of the City of St. Paul (City), upon the request of the
2 Housing and Redevelopment Authority of the City of St. Paul (HRA), as contained in
3 resolution Council File #06-715, dated August 2, 2006, approved the release and
4 discontinuance of various public utility easements in the area known as the West
5 Side Flats (from Wabasha to west of the Union Pacific Railroad Tracks), a copy of
6 Council File #06-715 is attached hereto as Ezhibit "A"; and
WEiEREAS, after fiuther research and consideration, the City and HRA agree that
one of the easements released, be retained and continued as a public easement, so
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Benanav
Yeas
Requested by Department of:
Council File #�,_
Green Sheet # 3032650
Public Works
Harris
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✓
Form
Adopted by Council:
Adoption Certified by Council Secretary
By: . ` r�
Approved by a• Date D- z-GY�
By:
THEREFORE BE IT RESOLVED, that Council File #06-715 is hereby amended
as follows:
n Strike through and Remove item number 2 from the Certificate of Intended
Non-Use, item 2 is referenced as a: "Sewer easement in a portion ofFillmore
Avenue, Doc. #532402, dated 04/06/1968"
BE IT FURTHER RESOLVED, that all other terms and conditions set forth in
Council File #06-715 shall remain in full force and effect.
Nays �� Absent
by City Attorney
��
Director
9-�a�0�
:
for Submission to Counci]
_ �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
f� -�d3
- Departrnentloffiee%ouncil: ' Date Initiated:
' Pw -�b���W� „SEP� Green Sheet NO: 3032650
, Contact Person & Phon � �
JUAN ORi1Z �
: 266-8864 �
: Must Be on Councif Agenda by (Date): �,
Doc.Type: RESOLUiION
E-0ocument Required: N
DocumentContact JUANORTIZ
Contact PAone: 2668564
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Public�� � 6 Real Esiate 3000 CHA
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Totai # of Signature Pages _(Clip N Loca for Signature)
Action Requested:
Amend Council File #06-715 (08/02l2006)
Recommendations: Appro�e (q) w Reject (R): I Personal Service Contracts Must Mswer the Following Questions:
Plannirg Commission �, Has this persoNfirm e�er waked undera contract for this deparlment?
CIB Committee Yes No
CiNI Senice Commission �,, 2. Has this person/fittn e�er been a city employee?
I Yes No
3. Does this personRirm possess a skill not n6rmally possessed by arry
curreM city employee?
Yes No
E�cplain all yes answers on separate sheet antl attach tA green sheet
Initiating Problem, Issues, Opportunky (Who, What, When, Where, Why): �
CF#06-715 released various pablic utiliry easements. It was later found that one of the easements should not� been released.
Advantapes If Approved:
The proper easements will be released.
DisadvanWges MApproved:
None.
;:,� � � � 2UU6
�����"�
DisadvanWges H NotApproved:
An public easement currendy needed wiil gone.
iotal Amount of
Transaction:
FundinA Source:
Finan cial Infortnation:
(Explain)
CostlRevenue SudgeMd:
Activity Number:
lafs i'"ac'�.,���fvit t��'�?�:va
��C�B'�ED
S�� � � 2006
�;,���v'�3� M9 ��V�
September 19, 2006 9:57 AM Page 1
Retura copy to: (jao}
Public Works Tech. Services
3000 City $a}L Annex
Presented By
Referred To
Committee: Dafe
1 WHEREAS, the City of Saint Paul, on behalf of itself, retained easement rights in vacated
2 property as desczibed in Council File #04-Ifl50 and Conncil Fi1e #fl4-1fl61, both approved
3 on November 17�', 2004, and;
4 'WHEREAS, based upon the Certificate of Intended Non-Use filed voIuntarity 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 RedeveIopment Authority of the City of St. Paul, Minnesota (HI2A), its
7 successors and assigns, desires the re3ease of sasements as indicated in said Certificate of
8 Intended Non-Use, except as noted, so
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THEREFORE BE IT IZESOLVED, ihe City of Saint Paui does hereby release easements
rights, iocated in the property described in Coancil File #04-1060 and Council File#04--I061,
as indicated in the attached Certificate of Intended Non-Use, and
F'URTHER RESOLVED, that the FIIZA, their successors and(or assi�s shall pay $300 fee
Co the City of St. Paut upon receiving a certified copy of this resolution, and
�'�J�R1'HER RES4LVED, that atl other terms and conditions in Council File #04-1064 and
Council File #04-1061 shall remain in full force and effect_
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Requested by Department of:
Public Works
Dire�tor
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easement rights in tfie area lmown as the West Side Flats as indicated in the aztached Certificate of Intended Non-Use.
iaelions: Apptoie (A) ar R
Plarvung Commission
q8 Committee
Cnil Senice Commission
1. Fias this P�Nfum e�er worked'mder a contract for ttiis departmerd?
Yes No
2 Has this P�oNfirm e�er been a tity emploYee?
Yes No
3. Oces this personffirm possess a skill rrot normallY possessed by arry
�vrerrt �y �,proyee?
Yes No
E�fain a0 yes answe�5 on separate shaet antl aitaeh to grean sheat
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� Mitiatin8 Probiern, issues, OPPo�R�h' Mmo: What, YVhen, Where, WhYI� -�
� In order to develop the West Side Flats area from Wabasha east to the RR trecks, various City easements need to be xeleased andfor i
; revised. Public Works has reviewed the existing easemenu and made its recomumedation. � j
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i Advantagesff{yproved:
� Deveiopment of the area can proceeed
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i Desadvatrtayes NApproved:
: None foreseen.
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� DisadvasrtageslFMOtppprpv¢d:
1 ; bevelopment of tLe area cannot iake pIace with afI the c�urent eneroachmenTS in place.
�Transacfion: �
� Fundiny Source:
Financial fnfortnation:
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CERT7FlCA�'E OF I1�17EI�{DED NO{U-USE
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CTI`Y OF SABVT PAUL
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In the Matter of:
Easement File # al-c-oitr� 1�
The undersigned hereby certifies, oa behaff of Yhe indicated depariment or toxupany, that it
does not intend to exercise its easement rights as desen'bed below and as refened to on the
aftached Maps and E�ibit "A":
1) Utility easement in a porCion of vacated Fillmore Avenue, Doc. #532402 dated 04/06/1968.
f'��} Sewer easement in a portion of vacated Ft�T�nore 1lv�nue, Dae: #532402, dated 04/06/I968. `
+��_,.._
3) Sewer easement in pazt of vacated Custer Street, as recozded with Rasnsey County d4(08l1907.
4) Sewex easement in the Narti� part of Gavernment Lot 3, c3ose to the Mississippi Rivez. Final
Order in Cone3eatnation Proceedings, dated 08I17 2938, recorded 10/0511938, Doc. #937347.
S) Sewer easement in the cenfer of subject property, Recorded OSlIZ/1947 as Aoc. #164003.
� 5ewer easement in the center of subject property, Recorded 11i19/1949 as.Doc. #1224221.
7) Sewer easement in Yhe center of subject property, Recarded as Doc. #914340.
8) SewerlFloodwall easement recorded fl1J15ri969 as Doc. #531819.
except as here noted: See commenfs on Pa2e 3 atfached to this form.
STATE OF MtNNFSOTA
COUN7Y OF }SS
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by�ldtCG .,(�i��/ / t6e /1 ' I/" �
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CER7IFICATE OP INTEIVDED NOt3-USE U( -G1��
tI'age 2) Reserved for Comments Pertaining, to Easements in Ttems #1— #8 :
3
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; E�HIBIT "A" ��^ 7 t5
I. {a) Name of Irnerested Partv- City of Saint PauL �� I � v �
(b) Nature and Amount IIffliry easemenu in a prntion of vacated Fllmore Avenue.
(c1 Recordiae Data: Documeat No. 532402 fAl, recocded Febeuacy 10, 1969 and Book 169
Page 100lT1, recorded February 11,19b4, dated April 6, I968.
(d) Reason for the Requesteci Retief: The u[ilities descrc'bed ia tAis document either no longer
exist in these azeas or wilt be reJocated when the property is developed. New urifity
easemeais wi]I be gaated wfien the property is r�p}���
2. (a) Name of Incerested Parrv: City af Saint Paut.
{b) NatureandAmount.SewereasementinaportionofvacatedFillmoreAvenueioprote�tthe
exisring Cvsiet Street 7'0" sewer.
{c) Recordina Data: Document No. 532402 f.Al, recorded Februazy 1Q 1969 and Book 159
Pa�e i00iTl teccrrded Febzvary 11,1969, dated Apri16 1968.
(d) Reacon for the Re4uested Relief: The utilities described in Uus document either no longer
existin chese azessor will bereiocatedsvhensihepcoperty isdevelope�S. The City is vacatiog
the ea5ement5. New utility easements will be ganted when the propCrty is re-plaited.
3. (a) Name of Interested Paztv: City of St. Paul
(b) Natute and Amo�mt Covenants and easements regazding maintenance ofa sewerin vacated
Custer Saeet
(c) Recoxdiae Data_ City of Si. PauY Resolution vacating Custer Sireet, Book 57 of Misc.
Pa¢e 132, recorded ApriF 8, 4907.
(d) Reason for the Requested Re3ief: The sewer described ia 2his document either rro longer
exists or wali be relocaied when ihe property is dsveloped. The City is vacating the
easements. New utility easements will be granted whea the property is re-platted.
4. (a) Nams of Irnerested Part�: City of St Paul
(b) Naiiae and Amount: Covenants and easements regarding maintenance of a sewer in the
northern end of Govemmeni Loi 3 close to the Mississippi Rivu.
(c) Recording Data: Final Order in Condetuttation P[oceedings dated August 17, I938,
recorded October 5, 2938 as Docvment No. 931347.
(d} Re,�son for the Reynested Relief The sewer described in t}tis document either no Ionger
e�sts or wi21 be relocated when the property is developed. The City is vacating the
easemeats. New utility easemems will be a anted when ihe properiy is r�platted.
� • � . .
THE I30NORASLE MAYOR AND 1VIEIVISERS
OF T`f� COLTNCII, OF THE
C1TY OF SAIN1' PAUL
o �-7�s
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Tn ffie MaEter of:
Easement File #� OI-C-Q1tPart 21
T'he undersigned hereby cert'�fies, an behalf of the indicated deparkneaf or company, f1iaY iY
does not intend tu exercase its easement rights as described beiow and as referred to on the
attached Mags :
9) Easement for Construction and Maintenance of F1ood Wail and Appurtenant Structures for
F7ood ControI Purposes and far access io levee, pumping station, cIosure structure, floodwall or
sewers_ Doc. # 494003, dated February 3,1965, recorded Decembez� 9, I965.
lU) Permanent Fasement for Constrnction and Maintenance and for Access ta lc�e, pumping
starion, ciosure stnicture, floodwails or sewers. Doc_ # I612884, dated January 6, 1964, recorded
March 5,1964.
11) Easements for constzuction, mainTenance and access to levee, ctosure structures, floodwalI,
sewsrs and appurtenant stnxctures. Doc. #1715282, dated IvIay 25,1967 and Doc. # 1715283,
dated December 28, 196b, recorded December 20, i967. �
12) Easenients for canshuction, maintenazsce avd access to Ievee, closute structures, floo3wa11,
sewers and appurtenant stmctures. Doc. # 505100, dated SepYember 16, 19b6, recorded
November 4, 1966.
13} Permanent Easement for Construction and Maintenance and for Access to 3evee, pumping
station, closure structure, floodwails or sewers. Doc. # 1743029(A), and 531687(T), recorded
danuary 8, 1969.
14) Permanent Easement for Consuucrion and Maintenance and for Access to levee, closure
shucture, floodwalls or sewers. Wuranty Deed, Doc. # 15603?0, dated Apri1 10, 14fi2, recorded
April 16, 1962.
15) Easement for public utiIity purposes in and adjacent to Block 175, Robertsan's Addition.
Finai Order in Condernnation Proceedings, Doc. ## 9257D3, recorded 3une 27,199D.
1� Easexnent for Construction and Maintenance of a sewer along the western edge of B3ock 175,
Robertson's Addition, shown in finat order in condemnaTton pzoceedings.
I3ocument No. I61726, recorded December 12, 1936.
except as here noted: See comments on Page 7 attached to this form
CERTIfICATE OF INTEiVDED NON-4lSE
�Page 7) Reserved €or Comments Pertaiuing to Easements in Items #9 —#16_
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ONCE SEGNED- RETCIRN ALL ORIGINAL COPIES TO Z000 CITY HALL ANNEX ST PAUL. SSZ02
7
Departmeni of Pnblic Works
Technical Services/Real Estate
IQ00 City Hall Elnrtex
Sainz Pau1, MN 55102
C,�-�� 5
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PFione: {65I)266-8850
Fax: (65I) 256-8855
CtTY OF SAtNT PAU�.
Cfcrlstopher Coleman, Mayor
Jvne 14, 2006
,^.
�i2�tl �L
RE: Easemeni Release File Ol-C-Ql Parts 1& 2(Reiease Easements in the W_ Side Flats Site)
The parties having interest in the area known as the'West Side FIats, have requested a waiver of
the following easements: See attached information. The purpose of this request is to devetop the
property with new businesses and homes. Piease execute tS�e enclosed certi5cate and retum it to
the Real Estate Division, as addressed above, by June 26, 2006.
Please note that the easement re7ease is sepazated into two poYdons, Part 1 are easements that
have been reviewed and preliminarily approved for release, as referenced in Section Cr of titie
regstrarion application to be fiIed on behalf of the City, HRA and developer. Part 2 are easements
that could be reteased after further consideration, as referenced in Section F af said applicarion.
Yoa can zeference the meeting notes dated 06l13/2006 fro�n Regina Walsh of Briggs & Morgan,
pertaniing to this development project (Item 9b), a copy of which is attached.
If there aze questions, please contact me at 651 266-8864.
Si�
J an A. z� 1
Pubiic Works
Technical Services
(ol-C-0l.EaseTnq}
AA-ADA-EEO Employer