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07-1112Return copy to: (BJE) PW/Technical Services — Real Estate 1000 City Hall Annex Presented By Council File # Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3040277 3� 2 WHEREAS, in 2006 the Minnesota Deparhnent of Transportation ("MNDOT") proposed to consh a stormwater 3 drainage structure on CiTy of Saint Paul ("City") park land located along MN Highway 13 in Lilydale, Minnesota as 4 described in the attached E�ibit A; and 6 WHEREAS, the City granted MNDOT a Temporary Permit to Construct to allow the structure to be built prior to 7 completion of the formal easement acquisition process, based upon the recommendation of the Saint Paul Parks and 8 Recreation Commission as contained in its Resolution Number 06-17, adopted November 8, 2006, a copy of which is 9 attached hereto as E�ibit B; and 10 11 WHEREAS, MNDOT must enter into an agreement with the City of Saint Pau] for the permanent use of said storm 12 water shvcture on city pazk land, and pay just compensation to the City as determined by an independent appraisal 13 pursuant to Section 13.01.1 of the Saint Paul City Charter; and 14 15 16 17 18 19 20 21 22 23 WHEREAS, construction is now complete and the City and MNDOT have reached agreement on a value of $26,849 for the temporary construction easement, permanent drainage easement, and vegetation and restoration work within the easement area, and have documented their agreement in the "Offer to Sell and Memorandum of Conditions" and "Drainage Easement and Temporazy Easement," attached as E�ibit C; now, therefore be it RESOLVED, that the proper city officials are hereby authorized and directed to enter into an easement agreement with MNDOT for the construction, operafion and maintenance of said stormwater drainage structure on said city pazkland in Lilydale, Minnesota; and be it further 24 RESOLVED, that just compensation for said use of city pazk land be paid by MNDOT and deposited into the 25 Parkland Replacement Fund (#720) and held in reserve for future purchase of pazk properry as requued in Chaptet 26 13.011 of the City Charter. Of the total $26,849 amount, $9,971 shall be deposited into the Parkland Replacement 27 Fund as compensation for the easements, and $16,878 shall be deposited into the appropriate Parks & Recreation 2 8 Division operations activity as compensation for the restoration work. Requested by the Division of: Parks and Recreation BV: -��-�`��. :2- D�e�tor Adopted by Council: Date ��/�/`�/J�� Adoption Cerf ied by ouncil Secretary By: ' Approved r: Date /1 By: Form Approved by City Att ey By: � <-r �' --- v Approved a or Su�n to ouncil By: D'7-lll a-- G:V2ea1 Estate\Vacanons�2006�252006 -- MNDO'! Storm Dreinage Esmfl25 2006 EsmWcpficResoluhon.doc 29 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6�-I1J�- Departrnent/officetwuncil: Date Inkiated: Pw -�v�Wo� 3a�,Y-0� Green Sheet NO: 3040277 Contact Person & Phone: Bruce Engelbrekt 266-8854 11 �21 �n7^ Doc. Type: RESOLUTION E-0oeument Required: Y Docume�rtContact: BruceEngelbrekt ConWct Phone: 266-8854 � ueparanenc aelrz i o rersvn 0 ub6c Works Assign 1 arks and Recreation De ar[me� D'uector Number 2 ' Attorne For Routing 3 a or's OfLce Ma or/Assistant Ofder 4 ouncil 5 Clerk Ckrk Total # of Signature Pages _(Clip All Locations for Signature) Approval of a resolurion authorizing the Ciry to grant a storm water drainage easement to the Minnesota Department of Transportation (MNDOT) and to accept compeasation for the easement and related restoration work. Planning Commission CIB Committee Civil Service Commission 1. Has this personffirtn ever worked under a wntract for this departrnent? Yes No 2. Has ihis persorJfirm ever been a city employee? Yes No 3. Dces this personlfirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): In 2006 MNDOT proposed, and was�granted pemussion by the City, to construct the drainage swcnue on City park land along Hwy 13 in Lilydale, MN. The structure was constnicted attd completed in late 2006. MNDOT has proposed [o acquire an easement for the structure and the City has verbally accepted the proposal. The attached "offer" and "easemenY' are the documenu necessary to complete this transaction. The Pazks & Recreation Commission approved the easement concept and temporary construcrion peimit per City Charter pazkland replacement requirements. City Real Estate staff and Pazks and Rec staff recommend approval of the City Council resolution so the documents may be executed and the City will receive compensation for the easement AManWges If Approved: The City will be properly compensated for an easement it intends to grant to MNDOT for the stormwater drainage structure. �a _ , .:,m, Disadvantages If Approved: None r. ' .. ' r^^f �i (°':.m"e � i� � �fO:� ��'. ,�' �' p . . , . , w . . : . ... P Disadvantages If Not Approved: The MNDOT structure will be located on Ciry property without a valid easement to protect the City's and MNDOT's pxoperiy n"gl'its. The City would be unable to collect compensation-for a non-ciTy structure encumbering ciYy property. � ,r;.RAn�; a t.: i ;��'� �__.A,.. ,. - �� Trensaction: $26,849.00 Fundiny source: State of Minnesota CosYRevenue Budgeted: N Activity Number: A�',�$�R �. � L�� • Financial Information: Some funds will be deposited into the Pazkland Replacement Fund ($9,971) for the easements and some funds (Explain) �to the appropriate Pazks operations activity ($16,878) for the restoration work. October 29, 2007 1:19 PM Page 1 �7- I 11 �- EXHIBIT A Tax Description of Citv of Saint Paul Propertv Propertv ID No: 24-01400-010-80 Section 14, Township 28, Range 23, Dakota County, Minnesota That part of Government Lot 6 lying between the Railroad and State Trunk Highway #13 and Northeast of a line commencing at the center of the Highway 1,254.69 feet Southwest of its intersection with the East line of the Section; thence Northwest at a right angle to the Southeast Railroad Right-of-Way �xh�bif "Bi' b�-Ill �- � paui Parks a�a Recreation �ommiss�on 300 Ciry Halt Annex, 2S W. 4t6 Street, Saint Paul, MN SS102 -(651)266•6400 RESOLUTION 06-17 WHEREAS, the Saint Paul Parks and Recreation Commission is an appointed body establisbed to advise the Mayor and City Council on long-range and city-wide matters related to Parks and Recreation; and WHEREAS, Section 13.01.1 of the City Charter requires that the Commission review any diversion or disposal of park property and present a recommendation to the Saint Paul City Council; and WHEREAS, the City of Saint Paul, Division of Pazks and Recreation, owns city park property known as Lilydale Regional Park (Eachibit A) adjacent to Minnesota State Highway 13 in Dakota County. WHEREAS, the Minnesota Department of Transportation ("MnDoY') is requesGng a temporary construction easement and a permanent operation and maintenance easement for the installation.of a storm water outfall within this Park property, as shown on E�ibit B; and WAEREAS, MnDot or its agent will perform all construction and restoration activities in a safe and professional manner consistent with the proposed permit requirements, and WHEREAS, any trees, shrubs and other landscaping disturbed as a result of the construction will be restored at MnDot's expense and in a manner acceptable to the Division of Pazks and Recreation; and WHEREAS, the Division of Parks and Recreation has determined that the park property may be diverted for this purpose and recommends Commission support for the request, subject to: 1. Satisfaction of conditions as set fortL in a temporary construction Easement between the City of Saint Paul ("Cit}�') and MiiDot, attached as Exhibit "C"; and 2. Execution of a subsequent permanent Operation and Maintenance Easement between the City and MnDot following completion of the pazk land diversion procedures, including: a. Appraisal of the land diverted and deposit of payment in the Parkland Replacement Fund; b. Payment of administrative fees; and c. Approval of the diversion by the City Council at a public hearing; NOW, THEREFORE BE IT RESOLVED, that tbe Saint Paul Parks and Recreaflon Commission concurs with the request to divert city park land in Lilydale Regional Park through an easement granted to MuDot, and in accordance with Ciry Charter Section 13.011 recommends approval by the Saint Paul City Council. Adopted by the Saint Paul Pazks and Recrearion Commission on November 8, 2006: Approved: Yeas � Nays � Absent: � Resolurion 06-17 Attested to by: � � Staff to the Park�and eereation Commission �.. M\WP-MSWORDHdLYDALEV.ILYDAL85EWEREASEMEIVTCOMMS5510NRESOLUTION FAALDOC �� , �, )/� l� � �� „ / ��ch►b;-f- B << i � .I � I � ¢ W .. a m a� a m J J O � F- N � W � � m Q w a � o � O J O N � � O ¢ � a <n� i VI L�� z � �- � V I I I I I Z J r a F 3 � � W I- 2 W �- W � � � N 2 p ~ ^" C i-�i � � J oa � � m ° z x � r w �- � � N � � a � a � a � o � w U I � 1 � t�-F 115' Z N�j �a oa �� a � O � � \ �II / � ` ` � 'C �'� ��v � ,. � . o � •'.1Q 3. ti !� :; e e , � :. • '� •• 0 ♦ • a ° ♦ �. "� � � � �� .�.a� �•• • � �� I�s.i'�"..�--� � �i � � < � p i � 2 m � � I � J�� I � Q � F � N� � � i � p O � ' a �p I J i a I =' ' ° ^ ' �� I i � Y h- I � o v C m J I NP CO � ¢ � I �. 1 e 1 a L' �L ; o c I�I 1 FM I O 1 � � 1 ' � ' �L �� i C � w Z N � � 0 , � � �� l a V- }m " I ' t O � JI � � � Q . I I ' F- w � � ' i i �ti y : � � i � � � � � � .:� �` ��'�� I ^u O c IB;;� a RIVERSIDE° �� \ �� .-- �� ,� � F� �� e � � II � \\�� n. l_�� I �� 8� ��d '; ti-�L9'I� 8 �T � {b�� ;" ,� � \ � a \ �o � � 1 LL � I �, � � I 1 �,. � � i � � ' �� i� � ! �. . _ __. ... � ,�; ,� .� � \ \ \ \ � � �xh�b� '`C" o�-�� OKce of lantl Management (2-98) RECOMMENDED FOR APPROVAL STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION OFFER TO SELL AND MEMORANDUM OF CONDITIONS Supervisor of Direct Purchase APPROVED C.S.: 1902 (13=117) 901 Parcel: 3026 Cou�ty: Dakota Owners and addresses: City of St. Paul, City of St Paul, 25-4th Street- W300 City Hall Annex, St. Paul, Minnesota,55102; For a valuable consideration, on this day of, 2007 , the undersigned owners hereby offer to sell and convey to the State of Minnesota for a total consideration of TweritV-Six Thousand Eiqht Hundred Fortv-Nine and No/100 ths Dollars {$ 26.849.00) an easement in the real estate or an interest therein situated in Qakota County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management-of the Minnesota Department of Transportation within 30 days from the date of this offer. Such notice of acceptance shalf be by certified mail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be retumed to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as followS: (1) Possession of the real estate shall transfer to the State on the date of acceptance. The owners shall have the right fo continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer 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 utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non-personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Titie to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buiidings (if any) on said real estate shall tre insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. a�-iii�- (4) if the State of Minnesota is acquiring a1f or a major portion of the property, mortgages (rf any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota fo satisfy said moRgage(s) shall be deducted from the amount to be paid to the owners underthe terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility ofthe owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the checkdrawninpaymentfortheproperty. Anyfeechargedbythemortgageholderforthepartial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the properiy. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The owners' obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof auihorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business afte� payment of taxes, assessments, mortgages and ali other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any paR of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless othe[v✓ise hereinafter stated the State acquires all appurtenances belonging to the premises including: iVONE. OWNERS CITY OF ST. PAUL Its Its (Address of Owner where acceptance is to be mailed.) City of St. Paul Department of Public Works, Real Estate Division 1000 City Hall Annex 25 West Fourth Street St. Pual, MN 55102 D7 Jf/} DRAINAGE EASEMENT AND TEMPORARYEASEMENT C.S. 1902 (13=117) 901 Parcel 302B County of Dakota For and in consideration of the sum of Twentv-Six Thousand Eiqht Hundred Fortv-Nine and No/100 ths Dollars ($ 26,849.00), City of St. Paul, a municipal corporation under the Iaws of the state of Minnesota, Grantor, hereby conveys and warrants to the State of Minnesota, Grantee, a drainage easement in perpetuity for the construction and maintenance of a drainage system, together with the unrestricted right to improve the same, free and clear of all encumbrances, and a temporary easement on the following described premises in Dakota County, Minnesota: A drainage easement in perpetuity over that part of Tract A described below which lies northwesterly of a line run parallel with and distant 33 feet northwesteriy of Line 1 described below: Tract A. That portion of Government Lot 6 of Section 14, Township 2S North, Range 23 West, Dakota County, Minnesota, being between the right of way of the Union Pacific Railroad Company (formerly the Chicago, Milwaukee, St. Paul & Pacific Railroad) and the center line of Trunk Highway No. 13 as now located and established, and lying northeasterly of a line de'scribed as follows: Beginning at a point on the center line of said Trunk Highway No. 13, 1254.69 feet southwesterly of its intersection with the easterly section line of said Section 14; thence northwesterly at an angle of 90 degrees 00 minutes from said center line to a point on the southeasterly right of-way line of said railroad; Line 1. Commencing at the southeast corner of said Seetion 14; thence norther{y along the east line thereof for 1323.4 feet; thence southwesteriy at an angle of 48 degrees 55 minutes from said east section line (measured from south to west) for 813.2 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 100 feet and there terminating; containing 0.39 acre, more or less; aiso a right to use the following described strips for highway purposes, which right shall cease on December 1, 2072, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: A strip 20 feet in width adjoining and northeasterly of the above described strip, which lies between two lines run paraliel with and distant 33 feet and 148 feet northwesterly of said Line 1; A sfrip 20 feet in width ad'}oining and southwester{y of the first above described strip, which lies between hvo lines run parallel with and distant 33 feet and 148 feet northwesteriy of said Line 1; containing 0.11 acre, more or less. Page 1 of 2 . ��-iir�-- Grantor is the owner of the above described premises and has the Iawful right and authority to convey and grant the easements herein granted. Grantee shall have the rigM of ingress to and egress from the hereinbefore described property for the purpose of maintaining and repairing said drainage system. The said Grantor does hereby release the State of Minnesota from any claims for damages to the fair market value of the above-described area covered by the drainage easement and temporary easement and for their use, or any claims for damages to the fair market value of the remaining properiy of Grantor caused by the use of the drainage easement and temporary easement, including grading and removal of materials from said easement area for highway purposes. Notwithstanding the foregoing, Grantor does not release any claims Grantor may have as a result of the negligence of the Grantee, iis agents or contractors, in conducting any of the above activhies. STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , ,by and ,the and of City of St. Paul, a municipal corporation under the Iaws of the state of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My cammission expires: This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, Roseville, MN 55113 Page 2 of 2 DIVISION OF PARKS AND RECREATION OPERATIONS h � � J // � !/ CITY OF SAINT PAUL Mayor Christopher B. Coleman OPERATIONS: 651-643-3473 PARK PERIeTITS: 651-632-511 I FORESTRY: 651 fi32-5129 Facsimile: 651-632-51L5 1100 Hamline Avenue North Saint Paul, Minnesota 55108 7'CY: 651-266-6378 ww w.ci.s[paul.mn.us/depts/parks MNDOT Lilydale Sewer OutFall Repair Costs OutFall Grey Dogwood (2ft) Hackberry (1.25") Staghorn Sumac (2fr) Princeton Elm (15 gallon Mulch Equipment Rental Area Estended Unit Cost Cost 35 25 15 5 35 $ $ $ $ $ Labor 17.25 $ 603.75 $ 3$0.00 63.85 $ 1,596.25 $ 475.00 5.95 $ 89.25 $ 228.00 129.99 $ 649.95 $ 190.00 15.00 $ 525.00 $ 1,000.00 $ 300.00 Outfall Cost $'',::::3,764;:20; $ 2,273.00 $ 6,037.20 Mu1ch Plants Fencing Treetubes 5 $ 400 $ 500 $ 150 $ 2.00 $ 60.00 $ 1,000.00 0.50 $ 200.00 $ 1,520.00 1.50 $ 850.00 $ 190.00 3.00 $ 450.00 $ 570.00 Staging Area Cost � y1;560�6Q $ 3,280.00 $ 4,840.00 Total Materials Total Labor Cost Cost $ � 5;324 20 $ 5,553 00 Maintenance Watering Fa112007 through Fall 2008 ,$` 2;SO;Q.;00 Site Preparation by Contractor 3;500.00, �. ; Frost rip, 3" - 4" compost (60 - 80 cubic yuds), fmal grading TOTAL Project Cost $ 16,877.20 Drafted 10/18/07; Adam Robbins, Environmental Coordinator (651) 632-2457, adam.robbins@ci.stnauLmn.us CC: Bruce Engelbrekt, Don Varney, Cy Kosel, Jody Martinez r '"""" `` C�PR4 .. H % �'re.��..+^� Si, CAPRA Accred�cation AA-ADA-EEO Employer ,;, _ �� V ui��i,d iiol.i U.�dal At+.ud