07-525Return copy to: (BJE)
PW/'I'echnical Services — Real Estate
1000 City Hall Annez
Council File # � � � `j a"�j
Green Sheet # 3039750
RESOLUTION
PAUL, MINNESOTA
Presented By
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2 WHEREAS, the City of S' Pa `City") has received a State of Mimiesota funding grant through the
3 Metropolitan Council for the design and construction of river's edge improvements at Raspberry Island and
4 the Upper Landing in Saint Paul, and to develop a public park on Raspberry Island. The program of the
5 grant includes construcfion of a new shoreline protection revetment around Raspberry Island; and
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7 WFIEREAS, the City intends to construct the revetment, consisting primarily of large limestone riprap,
8 along the shoreline peruneter of Raspberry Island, which includes property owned by the City and a pazcel
9 owned by the Minnesota Boat Club ("MBC"). The portion of the revetment on MBC properiy will be
l0 constructed at no cost to the MBC; and
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WHEREAS, in accordance with provisions of the grant, the City requires a temporary constnxction
easement and a 50-yeaz maintenance easement for access, construction and maintenance of the portion of
the revetment located on MBC property; and
WHEREAS, in accordance with the terms of said temporary construction easement, entiUed the Shoreline
Protection Easement Agreement and attached hereto as E�ibit A, the 50-yeaz maintenance easement will
be granted by the MBC at no cost to the City upon completion of the revetment construction; now, therefore
be it
RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby accept said Shoreline
Protection Easement Agreement and all terms and conditions contained therein.
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Requested by the Division of
Adopted by Council: Date ��/�j7
Adoption Certified by aouncil Secretary
y: �.
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Approved by r: a e � U
By:
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Bv: ��'�(/��'�'-�c.��
Director
Form Approved by City
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for Su�mi�on to Council
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G�u2ea1 Esiatel4cquisrtiovs�Easements�Pazks & Recreationutaspberry Island Rip Rap�NIN Boat ClubAcpficReso] doc
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrnenUoffice%ouncil: DatelnRiated:
Pw -�bv�w� ,��,Y-0� Green Sheet NO: 3039750
Gontact Person & Phone:
Bruce Engelbrekt
26G8854
Must Be on Council Aoen
Doc. Type: RESOLUTION
E•DOCUmerk Required: Y
Document Contact: Bruce Engelbrekl
� oeoartment sent 7o Person
0 blic Works I Bmce En elbrekt
A55ign 1 azks aod Rttreation De rimeut Director
Number 2 ' Attorne Gin erPalmer
For
Routing 3 or's 016ce Ma or/Assisfant
Ofder
4 onncil
5 ' Clerk Cti Clerk
ContactPhone: 266-8854 I I
Total # of Signature Pages _(Ciip All Locations for Signature)
Approval of a resolurion to accept an easement agreement beriveen the City of Saint Paul and the Minnesota Boat Club (MBC) for
the construction of a revehnent (rip rap) project along the shoreline of the MBC property on Raspberry Island.
idations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
'I. Has this personlfirtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill rrot frormally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, Whak When, Where, Why):
The City received a Metropolitan Council grant for unptovements at Raspberry Island and Upper Landing, including a public pazk on
the island and the revetment work. 1'he project will begin Uris summer and conclude by fall. The easement agreement give the City
petmission to do the work and provides for the crea6on of a 50-year maintenance easement on MBC properry once the project is
completed.
Advantages If Approved: �[ ('GI{ II.1 1
The City will have the rights to enter the MBC property to do the revetmznt project. GULS V Lt/
JUN 0 4 2007
Disadvantages If Approved:
The City will be obligated to certain restoration work on the MBC property as a part of the revehnent pro�ec . e pro�ect w
en6rely at the City's wst, but the easements will be ganted at no cost to the City.
Disadvantages If Not Approved:
The City will be unable to do the revem�ent work on the shoreline abutting the MBC's property on Raspberry Island.
Transaction: $�
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
�°�'�qR�a� ��
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MAY 31 2007
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May 25, 2007 2:17 PM Page 1
�xh►b��- A
SHORELINE PROTECTION EASEMENT AGREEMENT D � / ��
TFILS EASEMENT AGREEMENT, is given as of the day of
, 2007, between the CITI' OF SAINT PAUL, MIlVNESOTA, a
municipal corporation under the laws of the State of Minnesota (the "City"), and the
1�'IIlVNESOTA BOAT CLUB, a Mimiesota nonprofit corporarion, ("the MBC").
RECTTALS
A. The City has received a State of Minnesota funding grant, SG-OS-071, through the
Metropolitan Council, for costs of "redevelopment of recreation open space lands within the
boundaries of Harriet Island Regional Pazk." The program of the grant includes construc6on of a
new revetment around Raspberry Island in Saint Paul, Minnesota.
B. The MBC owns certain real property located on Raspberry Island in the City of
Saint Paul, Ramsey County, Minnesota, legally described on Exhibit A attached hereto (the
"MBC Pazcel").
C. The City owns certain real property adjacent to the MBC Pazcel, legally described
on Ea�hibit B attached hereto (the "City Parcel").
D. The City intends to construct a shoreline protection revetment (the "RevetmenY'),
consisting primarily of large, limestone riprap, along the shoreline perimeter of Raspbexry Island,
which includes the MBC Parcel and the City Pazcel. The portion of the Revetrnent on the MBC
Parcel will be constructed at no cost to the MBC.
E. In accordance with provisions of the state grant, the City requires a temporary
construction easement and a 50-year maintenance easement for the City to access, conshuct and
maintain the portion of the Revetment located on the MBC Parcel
F. The MBC requires that the City's use of the MBC Pazcel not unduly interfere with
fhe MBC's access to and use of the MBC Pazcel or create a detriment to the physical appearance
of the MBC Parcel. The City agrees to satisfy such requirements under the terms and condiuons
contained herein.
NOW, THEREFORE, the City and the MBC hereby declare that the easements,
covenants, conditions and restrictions hereinafter set forth shall be established over certain
portions of the MBC Pazcel.
ARTICLE 1
EASEMENTS
L 1 Grant of Easements. Subject to the terms and conditions hereof and on the
condition that the City proceeds to construct the Revetment:
07�5�
A. The MBC hereby grants to the City, at no monetary cost to the City and in
consideration of the City's installauon of the Revetment at no monetary cost to the MBC, a
temporary construction easement (the "Temporary Easement") over and across the MBC Parcel
except for the azea within the footpzint of the boathouse, for the purpose of constructing the
Revetment. The term of ihe Temporary Easement shall commence on the date of execution of
this Agreement and expire on either the date that all conslruction and restorarion work is
completed or on December 31, 2007, wluchever date is earlier. Upon completion of
conshuction, the Revetment shall be deemed an accession to and a part of the MBC Parcei, with
the City's rights therein limited to those conveyed under the Maintenance Easement described in
the next pazagraph of this Agreement.
B. Following completion of all construction and restoration wark, an as-built survey
of a new maintenance easement azea along the perimeter of the MBC Pazcel (the "Maintenance
Easement Area") shall be prepared by a licensed surveyor to the satisfaction of the City and the
MBC. Upon mutual approval of said as-built survey, the MBC shall grant and convey a 50-yeaz,
non-exclusive easement which shall contain such limitations, protective provisions and
indemnities as are reasonable, consistent with the requirements of the state grant provisions for
the project (the "Maintenance EasemenY') for ongoing access and maintenance over the
Maintenance Easement Area as described and depicted in said survey.
ARTICLE 2
CONSTRUCTION AND RESTORATION
2.1 Plan Review. The MBC shall be given the opportunity to review the City's plans
and specifications for the Revetment project prior to commencement of any construction acuvity.
The MBC also shall review and approve the City's work plan for construction activity to ensure
that access is maintained from the boathouse to the floating docks on the North side of the MBC
Parcel and to the dock where the MBC's pontoon boat is docked on the back channel side of the
MBC Parcel, both during construction and following completion of the Revetment project.
2.2 Construction Notice. The City shall provide the MBC a minimum of 10
business days' notice prior to commencement of any construction acUvity.
2.3 Access. The City shall maintain vehiculaz and pedestrian access from the
Raspberry Island Bridge to the MBC parking lot or the designated alternauve lot referred to in
2.6, below, at all times during construction.
2.4 Damaee. The City shall be responsible for repairing any and all damage resulting
from the Revetment construction, including but not limited to any damage to the exisung steel
pilings extending into the river immediately upstream of the floaring docks, the paved pazking
azea and walkways, the concrete patios and ramps, excepting the northwesterly ramp which shall
be saw cut and removed, the floaung docks, the wooden docks, the landscaping and the urigation
system.
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2.5 Stockpilin¢. The City or its contractor shall not be permitted to store or stockpile
on the MBC Pazcel any equipment or materials used for the Revetment project without prior
written permission by the MBC.
2.6 Parkine. During construction of the Revetment, the City wili use its best efforts
to assure that the pazking lot on the MBC Pazcel remains unobstructed and available for parking
as usual by members and guests of the MBC. However, if at any time the e�sting MBC pazking
lot is unavailable for use, the City shall provide as much prior notice as practicable and shall
provide a temporary parking lot on the City Parcel for the exclusive use of the MBC. The
temporary pazking lot shall be clearly marked to indicate that it is for the exclusive use of the
MBC's members and guests and shall be at least equivalent ut size to the existing MBC pazking
lot. Upon completion of the work that requires that the pazking lot on the MBC Pazcel be
unavailable, the City shall as prompdy as practicable retum to the MBC the existing MBC
pazking lot, with its current dimensions, at its current loca6on and in its current condiuon or
better.
2.7 Restoration. As soon as practicable after the completion of construcUon activity
which disturbs any part of the MBC Parcel or any landscaping or improvements thereon, the City
shall restore the MBC Pazcel to its former condiuon or as close thereto as may be practical. The
City specifically shall provide for the protection and restoration of the MBC Parcel as depicted
on E�ibit C attached hereto. The City shall make all reasonable efforts to protect the
cottonwood trees on the south side of the MBC Pazcel, including the installation of fencing
around the trees during construction. The City shall also work with the MBC to identify, save
and potentially relocate historic stones located on the MBC Parcel.
ARTICLE 3
MAINTENANCE
3.1 Access. Maintenance and Renair. Upon completion of Revetment construction,
expiration of the Temporary Easement, and subsequent conveyance of the Maintenance
Easement, the City, at its sole cost and expense and without contribution from the MBC, shall
have the right to access the Maintenance Easement Area to repair, replace and maintain the
Reveunent in a good state of repair and condiflon, in compliance with all applicable federal, state
and local requirements for a period of 50 years.
ARTICLE 4
GENERAL PROVISIONS
41 No Liens. The City shall not pernut any liens to attach to the MBC Parcel and/or
the MBC as a result of any work under the foregoing Revetment project and shall either bond
over or pay and discharge any lien so attaching promptly after demand by the MBC.
07���
4.2 Rights Reserved. Except for rights expressly granted to the City herein, the
MBC reserves all rights in and to the MBC Pazcel. The rights reserved herein are expressly
limited by those acuons of the MBC which might damage the Revetment.
4.3 Indemnification. The City shall indemnify, defend and hold harmless the MBC
from and against all claims, expenses, losses or liabiliries in connection with any action or claims
paid, suffered or incurred as a result of the City's construction, maintenance, use or occupancy of
the MBC Parcel as provided in this Agreement. The City's liability shall be governed by the
provisions of the Minnesota Municipal Liability Tort Act, Minn. Stat. §466.04, and other
applicable law.
4.4 Aereement Shatl Continue Notwithstanding Breach. It is expressly agreed that
no breach of this Agreement shall entitle any party to cancel, rescind or otherwise ternunate this
Agreement. However, such limitation shall not affect in any manner any other rights or remedies
which such party may have hereunder, or at law or in equity, by reason of any such breach.
4.5 Amendment This Agreement may not be amended or modified without the
written consent of the parties hereto.
4.6 Entire Agreement. This Agreement embodies the entire agreement and
understanding between the parties and supersedes any prior oral or written agreements with
respect to the matters stated herein.
4.7 Citv's Contractors. The City will perform all or substantially all of the work
contemplated by this Temporary Easement through one or more private firms of contractors, the
identities of which aze not laiown as of the date of this Temporary Easement. The City will
norify each and all of such contractars of the existence of this Temporary Easement and of its
terms, and it shall be a condition of each contract let by the City for Revetment work that the
work of such contract shall be done and completed in compliance herewith. However, the City
shall be and remain liable to the MBC in the event of any damage to the MBC due to the breach
by any of the City's contractors of any of the terms of this Temporary Easement.
4.8 Not a Recordable Dceument. This document shall not be recorded in the real
estate records of the County Recorder of Ramsey County. It is contemplated that the
Maintenance Easement will be a recordable document.
49 Counteroarts. This Temporary Easement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which, taken together, shall
constitute a single agreement.
(Separate Signature Pages Follow.]
a�-�a�
SEPARATE SIGNATURE PAGE OF
NIINNESOTA BOAT CLUB
FOR EASEMENT AGREEMENT
IN WITNESS WFIEREOF, the undersigned has caused this Agreement to be made as of
the day and yeaz first above written.
NfINNESOTA BOAT CLUB
By:
Its
STATE OF MINNESOTA )
) ss
COUNTY OF Ramsey )
The instrument was acknowledged before me this day of
2007, by , its
on behalf of the Minnesota Boat Club, a Minnesota nonprofit corporation, on behalf of the
corporaUon.
Notary Public
07 �Sas
SEPARATE SIGNATLTRE PAGE OF
CTI'Y OF SAINT PAUL
FOR EASEMENT AGREEMENT
IN WITNESS WAEREOF, the undersigned has caused this Agreement to be made as of
the day and yeaz first above written.
CI1'I' OF SAINT PAUL, MINNESOTA
By: _
Its Mayor
B
Its Director of Financial Services
By:
Its City Clerk
Approved as to form:
Assistant City Attorney
STATE OF MINNESOTA )
) ss.
COLTNTY OF Ramsey )
The foregoing instrument was acknowledged before me this day of
, 2007, by , Mayor,
Director, Office of Financial Services and , City Clerk of the City of
Saint Paul, a Minnesota muzucipal corporation under the laws of the State of Minnesota.
Notary Public
D7 ��
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L,e¢al Descrinuon of MBC Pazcel
MN BOAT CLUB 06-28-22-I3-0013
Section 6 Town 28 Range 22
Except the Northeasterly 60 feet, that part of Navy Island Southwesterly of a line running thru
the Southeast corner of the North pier and thru a point 12 feet Northeasterly from the Noztheast
corner of the South pier of Old Wabasha St Bridge being part of Government L,ot 9 Section 6
Township 28 Range 22
D7-��
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Le¢al Descriprion of Ci Parcel
C77Y OF SAINT PAUL 06-28-22-14-OOOI
Section 6 Town 28 Range 22
Subject to RY R/W & sewer R/W esmts; part of Navy Island Northeasterly of a line running thru
the Southeast corner of the North pier & thru pt 12 ft Northeasterly of the Northeast corner of the
South pier of the Old Wabasha St Bridge also Northeasterly 60 feet of part Southwesterly of said
line being part of Government L,ot 9 in Section 6 Township 28 Range 22
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4" 300 QTY H4LI. ANNEX � ey .
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