07-595Return copy to: (BJE) Council File #
PW/'I'echnical Services —Real Estate
1000 City Hall Annes Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
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3040810
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2 WHEREAS, in 1989 the Mimiesota Department of Natural Resources ("DNR") leased to the City of Saint
3 Paul ("City") a portion of DNR properiy neaz the East Metro Area Fisheries Office along US Hwy 61
4 southeast of Downtown for use by the City as a recreation trail; and
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6 WI3EREAS, the DNR and City wish to renew this no-fee lease, attached hereto as E�ibit A, whose term
7 would expire on December 31, 2014; now, therefore be it
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9 RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby accept said lease from the
l0 Minnesota Department of Natural Resources, and authorize the proper city officials to execute same.
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Requested by the Division of:
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Adopted by Council: Date
Adoption Certified by u
By: _
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Form
Submission to Council
G:utea] Estate�Leues�Parks and Recreatiov�PR XX -- Fish Hatchery Trail�EsmtACptRes.doc
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Bv: � � � ���g'''4 J�-e.�,ll
_ Director
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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P�/�! —P�blic Works
Contad Person & Phone:
Bruce Engelbrekt
266-8854
Must Be on Council Agen
Doc. Type: RESOLUTION
E-0ocument Required: Y
Document Contact: Bruce Engelbrekt
Contact Phone: 266-8854
'i3-JUN-07
y
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations forSignature)
Green Sheet NO: 3040810
0 �ablic Works I I
1 arks and Recreation De arhneut DirMOr
2 i Attom Jnd Hanson
3 a or•s O�ce � Ma orlAssistant
4 oancil
5 ' Clerk Ci Clerk
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Request approval of resolution authorizing renewal of a no-fee, 10-yeaz lease with the MN Dept. of Natural Resources for a city
recreation trail on DNR property near the East Metro Area Fisheries O�ce
�oavons: approve (A) or He�ea �K): rersonai serv�ce contrects must nnswer the Fouowmg c2uest�ons:
Pianning Commission 1. Has this person/firtn ever worked under a contrad for lhis department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does fhis person/firm possess a skill not norznally 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):
The City has leased a portion of the DNR property to consttnct, operate and maintain a recreation trail since 1989. The lease is up for
renewal. The terms of the lease have not changed. Council approval is required as tlus is a muk-yeaz lease.
Advantages If Approved:
The City wili continue to have the property rights to opezate its recreation trail on DNR properry.
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DisadvanWges If Approved:
None
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Disadvantages N Not Approved:
The City will not conrinue to have the property rights to operate its recreafion trail on DNR property.
Trensaction:
Funding Source:
Cost/Revenue BudgeMtl:
Activity Number:
Financial lnformation: �e Ciry, as lessee, pays notivng for this lease.
(Explain)
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June 13, 2007 3:26 PM Page 1
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MINNESOTA �ease Number
DEPARTMENT OF 144-012-0346
NATURAL RESOURCES ) , Fie�d Unit
�X�l � b I+ East Metro Area Fisheries
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MISCELLANEOUS LEASE
This {ease, executed in duplicate by and between the State of ivSinnesota, under the authority and subject to fhe provisions
of M.S., sec. 92.50, acting by and through its Commissioner of Natural Resources, hereinafter called LESSOR and; the
LESSEE as named below.
Lessee
City of St. Paul, Division of Parks and Recreation
Lessee Address (No. 8 Street, RFD, Box No., City, State, Zip Code
300 City Hafl Annex, 25 West 4` Street, St. Pauf, Minnesota 55102
Lease Fee Fee Payment Schedule
No Fee No Fee
Term Effective Date Te�mination Date
Ten (10) years January 1, 2005 December 31, 2014
Purpose of Lease County
Recreation trail Ramsey
IT IS AGREED AS FOLLOWS:
1. PREMISES: The LESSOR in consideration of the terms, conditions and agreements contained herein, and the
payment of the Lease Fee to be paid by the LESSEE, hereby leases to the LESSEE, subject at all times to sale,
lease and use for mineral or other purposes the following described premises to wit:
See the attached Exhibit A and Exhibit B along with both maps which are aIl a paR of this lease.
and herein referred to as the "Premises".
2. TERMS: The terms LESSOR, LESSEE, LESSEE ADDRESS, LEASE FEE, FEE PAYMENT SCHEDULE, TERM,
EFFECTIVE DATE, 7ERMINATION DATE, PURPOSE OF LEASE AND STATUTORY AUTHORITY, use herein
shall be described above and are incorporated herein.
3. LEASE PERIOD: This lease shail be in effect for the TERM, beginning on the EFFECTIVE DATE and ending on
the TERMINATION DATE, unless terminated earlier under provisions of this lease.
4. USE OF PREMISES: LESSEE shall use the Premises only for PURPOSE OF LEASE.
5. LEGAL OBLIGATIONS: This lease is not to be construed to relieve the LESSEE of any obligations imposed by
law.
6. INCUMBRANCE: This lease is subject to all existing easements, right-of-ways, licenses, leases and other
incumbrance upon the Premises and LESSOR shall not be liable to LESSEE for any damages resulting from any
action taken by a holder of an interest pursuant to the rights of that holder thereunder.
7. MAINTENANCE: The LESSEE shall maintain the Premises in good repair, keeping them safe and clean,
remcving all refuses and debris that may accumulate. LESSEE shall comply with all laws affecting the Premises,
inciuding local ordinances and state regulations. No timber shall be cut, used, removed or destroyed by the
LESSEE without first obtai�ing written permission from the LESSOR.
8. TERMINATION: This lease may be terminated at any time by mutual agreement. A lease entered pursuant to
Minn. Stat. section 92.5o may be canceled for just caused at anytime by �ESSOR upon six months wcitten notice.
LESSEE shall, on the TERMINATION DATE, or eariier as provided for in this lease, peacefully and quietfy
surrender fhe Premises to the LESSOR in as good condition and repair as on the EFFECTIVE DATE. If the
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LESSEE fails to surrender the Premises on the termination of this Iease, the LESSOR may eject or remove the
LESSEE from the Premises and LESSEE shall indemnify fhe LESSOR for alI expenses incurred by the LESSOR.
In addition, LESSEE shall remove all LESSEE'S property from the Premises upo� termination and any property
remaining shafl be considered abandoned and shafl be disposed of by the LESSOR according to Iaw. If this lease
is terminated prior to the TERMfNATION DATE, the LESSEE shall not be relieved of any obligation incurred prior
fo terminafion.
HOLDOVER: LESSEE shall pay to the LESSOR a sum equal to the monthly rent plus fifly (50) percent of the
monthly renf for each month that LESSEE holds the Premises after terminafion of this lease without authorization
by LESSOR. This sum shall be liquidated damages for the wrongful holding over. LESSEE acquires no additional
rights by holding the Premises after termination and shall be subject to Iegal action for removal.
10. LEASE PAYMENTS: The LESSEE shall pay to the Minnesota State Treasurer through the LESSOR the LEASE
FEE, which is due and payable according to the FEE PAYMENT SCNEDULE. The LESSOR may assess
penalties and interest as provided for by law or in this lease on any paymenfs over thirty (30) days past due.
11. UTILITIES: LESSEE shall pay for all utilifies furnished on the Premises for the term of this lease, including
electric, gas, oil, water, sewer and telephone.
12. ALTERATIONS: The LESSEE shall make no changes, alterations nor improvements to the Premises or to any
structure thereon without the prior written consent of the LESSOR. Any changes, alternations or improvements in
or to the Premises shall be at LESSEE sole expense.
13. NO WAIVER: No delay on the part of the LESSOR in enforcing any condifions in this lease, including termination
for violation of the terms of this lease, shall operate as a waiver of any of the rights of the LESSOR.
14. TAXES: The LESSEE shail pay, when due, all taxes assessed against or levied upon the Premises or upon the
fixtures, improvements, turnishings, equipment and other personal property of the LESSEE located on the
Premises during the TERM of this lease.
15. LlABfLITY: This lease shal! not be construed as imposing any 4iability on the LESSOR for injury or damage to the
person or property of the LESSEE or to any other persons or property, arising out of any use of the Premises, or
under any other easement, right-of-way, license, lease or other incumbrance now in effect. The LESSEE shall
indemnify and hold harmless the LESSOR from all claims arising out of the use of the Premises whether such
claims are asserted by civil actio� or otherv✓ise.
16. NOTICES: Any notice given under this lease shall be in writing and served upon the other party either personally
or by depositing such notice in the United States mail with the proper first class postage and address. Service
shall be effective upo� the depositing of the notice in the United States mails. The proper mailing address for the
purposes of serving notice on the LESSOR shall be the Commissioner, Department of Natural Resources, 500
Lafayette Road, St. Paul, Minnesota 55155-4045, and o� the LESSEE it shall be as stated in the LESSEE'S
ADDRESS.
17. TRANSFERS: This lease shall extend to, and bind the successors, heirs, legal representative and assigns of the
LESSOR and LESSEE. In addition, the LESSEE shall not without the LESSOR'S prior written consent: a) assign,
convey, mortgage, pledge, encumber or otherwise transfer this lease or any interest under it; b) allow any
transfe� or any lien upon the LESSEE'S interest by operation of law; c) sublet the Premises or any part thereof:
d) permit the use or occupancy of the Prem+ses or any part thereof by anyone other than the LESSEE.
1 S. PUBLIC RECREATION USE: The LESSEE agrees and understands that the public land leased herein shall be
open to public recreafional uses, as defined by M.S. 604A21, not inconsistent with the purposes of this lease.
The LESSEE shall not unreasona6ly refuse permission to any person to enter upon the Iands leased herein for
reasonabie public recreational use without first obtaining the written permission of the LESSOR. If the LESSOR
authorizes the prohibition of any public recreafional uses, the prohibifion sha�l apply to all persons including the
LESSEE.
19. CONSTRUCTION OF LEASE: If any clause or provision of this lease is or becomes illegal, invalid or
unenforceable because of present or future laws or any rule or regulation of any governmental body, the
intentions of the LESSOR and LESSEE here is that the remaining parts of this lease shall not be affected thereby.
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20. ADDITIONAL TERMS
A. Lessor shall have the right to enter the premises for the performance of official duties and natural resource
management.
B. Lessee sha�l have the right, upon consuftation with Lessor, to cfose said trail during an emergency.
C. Lessor reserves the right, upon consultation and written notification to Lessee, fo close or reroute any portion
of said trail right-of-way if it is determined that fisheries, timber, wildlife or water is being damaged by users of
the trail or if users are abusing the area in any way.
D. Lessee shall erect signs prohibifing motorized travel; except maintenance, police, and emergency vehicies
are permitted.
E. Lessor shall retain the right to construct and maintain ail water supply lines that cross the trail right-of-way.
Lessor will repair asphalt damage caused by such maintenance.
F. Lessee shall be responsible for maintenance of fhe premises in lieu of payment.
G. Lessee must assure that gates are secured at all times.
TESTIMONY WHEREOF, the parties have set their hands in duplicate.
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
KATHY A. LEWIS, ATTORNEY
TRANSACTIONS MANAGER
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EXHIBITA
CITY OF ST. PAUL
DIVISION OF PARKS AND RECREATION
LEASE NO. 144-012-0346
That part of the NE1/4 NE1/4 in Section 4 and the NW1/4 NW1/4 in Section 3 all in
Township 28 North, Range 22 West which lies within a distance of 15 feet on each side
of the following described line:
From a point on the east line of Section 4, Township 28 North, Range 22 West, distant
991.45 feet soufh of the northeast corner thereof; thence run southwesterly at an angle
of 66 degrees 15 minutes 06 seconds from said section line (measured from south to
west) for 122.51 feet; thence deflect to the right at an angie of 02 degrees 17 minutes
39 seconds for 180.11 feet; thence deflect to the left at an angle of 90 degrees 00
minutes 00 seconds for 28.5 feet to the point of beginning of the line to be described:
thence deflect to the right at an angie of 90 degrees 00 minutes 00 seconds for 55.00
feet; fhence deflect to the left on a tangential curve having a radius of 88.30 feet and a
delta angle of 77 degrees 44 minutes 49 seconds for 119.82 feet; thence deflect to the
left on curve for 97.48 feet; thence deffect fo the left on a tangential curve having a
radius of 75.00 feet and a delta angle of 80 degrees 22 minutes 18 seconds for 105.21
feet; thence on tangent to said curve for 372.39 feet; thence deflect to the right on a
tangential curve have a radius of 572.96 feet and a delta angle of 14 degrees 07
minutes 13 seconds for 141.20 feet; thence on tangent to said curve for 200 feet and
there terminating; containing approximately .54 acres.
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EXHIBIT B
CITY OF ST. PAUL
DIVISION OF PARKS AND REGREATfON
LEASE NO. 144-012-0346
That part of the SE1/4 IVW1/4 in Section 3, Township 28 North, Range 22 West which
lies within a distance of 15 feef on each side of fhe following described line:
From a point on the east line of Section 4, Township 28 North, Range 22 West, distant
991.45 feet south of the northeast corner thereof; thence run southwesteriy at an angle
of 66 degrees 15 minutes 06 seconds from said section line (measured from south to
west) for 122.51 feet; thence deflect to the right at an angle of 02 degrees 17 minutes
39 seconds for 180.11 feet; thence deflect to the left at an angle of 90 degrees 00
minutes 00 seconds for 28.5 feet; thence deflect to the right at an angle of 90 degrees
00 minutes 00 seconds for 55.00 feet; thence deflect to the left on an tangential curve
having a radius of 88.30 feet and a delta angie of 77 degrees 44 minutes 49 seconds for
119.82 feet; thence on tangent to said curve of 97.48 feet; thence deflect to the left on a
tangential curve having a radius of 75.00 feet and a delta angle of 80 degrees 22
minutes 18 seconds for 105.21 feet; thence on tangent to said curve for 372.29 feet;
thence deFlect to the right on a tangential curve having a radius of 572.09 feet and a
delta ang{e of 14 degrees 07 minutes 13 seconds for 141.20 feet; thence on tangent to
said curve for 293.67 feet; fhence deflect to the Ieft on a tangential curve having a
radius of 175 feet and a delta angle of 14 degrees 52 minutes 12 seconds for 45.52
feet; thence on tangent to said curve for 406.11 feef; thence deflect to the left on a
tangential curve having a radius of 175 feet and a delta angle of 14 degrees 40 minutes
27 seconds for 44.82 feet; thence on tangent to said curve for 99.75 feet; thence deflect
to the right on a t�ngential curve having a radius of 175 feet and a delta angle of 10
degrees 48 minutes 10 seconds for 33 feet; thence on tangent to said curve for 103.91
feet to the point of beginning of the line to be described; thence deflect to the right on a
tangential curve having a radius of 100 feet and a delta angie of 89 degrees 12 minutes
57 seconds for 155.71 feet; thence on tangent to said curve for 72.46 feet; thence
deflect to the right on a tangential curve having a radius of 318.31 feet and a delta angle
of 10 degrees 02 minutes 23 seconds for 55.78 feet; thence on tangent to said curve for
tangential curve having a radius of 40.00 feet and a delta angle of 79 degrees 13
minutes 48 seconds for 55.31; thence deflect to said curve for 57.44 feet, thence on
tangent to said curve for 325 feet and there terminating; containing approximately .�}1
acres.
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