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07-606Return copy to: (BJE) PW/'i'echnical Services — Real Estate 1000 City Hall Annex rresentea By Form 2 WHEREAS, in 06 Northem S�ates Power, d/b/a Xcel Energy ("Xcel"), proposed to construct an underground gas ; pipeline on City o ' land located in Lilydale Park, Minnesota as depicted in the attached E�ibit I; 4 and 5 6 WHEREAS, the City ganted Xcel a Right-of-Enhy Permit to allow the pipeline to be built prior to completion of the 7 formal easement acquisition process, based upon the recommendation of the Saint Paul Pazks and Recreation 8 Commission as contained in its Resolution Number 07-01, adopted January 4, 2007, a copy of which is attached as 9 E�ibit II; and 10 I1 WHEREAS, Xcel must enter into an agreement with the City of Saint Paul for the permanent use of said 12 underground gas pipeline on city park land, and pay just compensation to the City as determined by an independent 13 appraisal pursuant to Section 13.01.1 of the Saint Paul City Charter; and 14 15 WHEREAS, construction is now complete and the City and Xcel have reached agreement on a value of $143,620 for 16 the temporary construction easement, perxnanent pipeline easement and tree replacement within the easement area, 17 and have docusnented their agreement in a"Gas Pipeline Temporary Easement Ageement," attached as E�ibit III, 18 and a permanent "Pipeline Easement," attached as E�ibit IV; now, therefore be it 19 20 RESOLVED, that the proper city officials are hereby autharized and directed to enter into said temporary and 21 permanent easement agreements with Xcel for the conshuction, operation and maintenance of said underground gas 22 pipeline in Lilydale Park; and be it further 23 24 RESOLVED, that just compensation for said use of city park land be paid by Xcel and deposited into the Parkland 25 Replacement Fund (#720) and held in reserve for fixture purchase of park property as required in Chapter 13.011 of 26 the City Charter. Of the total $143,620 to be paid by Xcel, $126,900 will be deposited in the appropriate Parks & 27 Recreation Division operations activity as compensation far the replacement of trees. 2 8 Requested by the Department of: ' ; :- .� Bv: /��' �^`x",�, J" � Director Adopted by Council: Date Adoption Certified by ouncil Sec • y B , , Approved b • Date � c� By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3040693 ys : Council File # Green Sheet # by City for Submission to Council � 0 7-�0� G:�Real Estare\Vacahons�2006�242006 - Xcel Cras Line (Lilydale Pk)�242006EsmtAcpmcResolution doc 29 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef � � 7 p�l�! - Pubtic works ConWct Person ffi Phone: Bruce Engelbrekt 26E8854 M�u e o Council genda by Date� J .3 �_��IG, 4Yf�9! Doc. Type: RESOLUTION "" E-DOCUment Required: Y Document Contact: Bruce Engelbrekl Conpct Phone: 266-8854 12-JUN-07 � ASSign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3040693 0 bGc Works Bruce En elbrekt 1 arks and Recreation ( De artnent Director 2 i Attomev Snd Hanson 3 a or•sOffice I Ma or/Assistant a o��a 5 i Clerk Ci Ckrk Approval of a resolution authorizing the City to grant a peimanent pipeline easement and temporary construction easement to Northem States Power Company, d/b/a Xcel Energy, and to accept compensation for the easements and related tree replacement costs. itlat�ons: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has ihis personffirtn ever worked under a co�trad for this department? Yes No 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any current city 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 Xcel Energy proposed, and was granted perurission by the Ciry, to construct an undergound gas pipeline within Lilydale Pazk to service the new power plant across the river. The struchue was constructed and completed in late 2006, with some restorafion work to be� done this year. Xcel has proposed to acquire an easement for the pipeline and the City has verbally accepted the proposal and Xcel's appraised value of both temporary and permanent easements. The attached documents are necessary to complete this transac6on. The Pazks & Recreation Commission approved the easement concept and temporary construcrion permit per City Charter pazkland replacement requirements. City Real Estate staff and Parks and Rec staff recommend approval of the City Council resolution so the documents may be executed and the City will receive compensation for the easements and tree replacement cost. AdvanWges If Approved: The City will be properly compensated for the easements it intends to a'ant to Xcel for the gas pipeline construction and maintenance. Disadvantages IfApproved: """' • - � - � ° � •� -' � Once the easements aze executed, additional city park land will be encumbered by easements for a lazge underground pipeline. p DisadvanWgeslfNotApproved: ��!,$� � � 2QQ7 The Xcel pipeline will be located on City property without a valid easement to protect the City's and Xcel's property nghts. The City would be unable to collect compensation for a non-ciry structure encumbering city property. ,:�:, .^— ,�,. s°°' z; -` ��`� ; rt.- - C�` ' W i :` 'r `�..4 _... �-. � �. ';� �.� C.—,. ,,-- �. _c, �3 � ,.'� Transaction: $143,620 CostlRevenue Budgeted: �j R;�� J Funding source: Northern States Power Activiry Number: � Fi nancial Information: Companyd/b/aXcel Energy �� 6 ��"�� (Explain) g� 6,720 will be deposited in 720-50087. $126,900 will be deposited in an appropriate Parks operafions activity to cover rennbursement for purchase of hees. June 13, 2007 11:58 AM page 1 7 �X�i�Ji�-l.- � ( � 0 9 6 � � � � � . ,Crocus Hiil Terrace,Paik � � ousmar ._�m�wa±r'.�=_ Kenwood�Pa" _ - - - - w ' , � s; - . - - Vaca,^:CarAve- - - - - - — . _ . _. �ombam A�e Linwood Rec Center C�air Rec Center ��+s( _�/ '3£f.?'�Ji� _-- L� -_ , y � _- - i-35E,_. � i. 1`r z ' � � �n �, i e -__- I r ° � a �3 � - t;.?` - - c- T- � . � A � ` '� " Patace Rec Center � � °_ = N' _ _� . _ . . __" O "_ _ J N � \�' , G _ _ _-_ _ " � � m U �j..� N _ � 4�� JRnle5.4�.'P. �..;� � - ..m_ � _ , � VJ Rantic�h Av? � _ ' y ° _� —' ' - ' .--'s.' _ . . _ . _ _ . .. - v , t� -�; . _ . .. W �uno Ave _ � � '' :}+7 'BAi , � � Vd A-ms:ro�g Avz � ' � - � --- � Xcel Energy Nigh Bridge P(ant ,, ` . � WWaf50r.q�e m" � . . `JJTli5C2f0(2AYf . • +n'eayxrdqoe �YTriangle � _ _._ .. _ . _ - WFrS�bteY $t: t Vd SGhef(er Ave ,t , S _ " _ w- � u; � ` _.�+�' ; El�a�.�f Ave �' = t �+' g yc, � W Ot(o Ave m° m O� `�j , . �-.j U N �, h' � `� m �+ � � � Sa R , . � 3� :- / d �rosby Farm Reg P�J R � 3 � s � �r.+ � R � g �.#... �� t �1 �`.i i i � �, �.�<County Boundary - �_ y. j City/fwp. Boundary � �'�;r;: Lakes and Rivers Parks � �� Highway Road � River x m b E LL ;�7 C c �� r - > ; � �, i �: I> 4 i4. 7� . -' � r� . _ � �ry ;g' Reg Park , �. : sm St. Paui , � ' ." _ ' �d Reg Park � y � ; Aiice�Park v3- - � � ougtas Park W 8ake� 5 Mwior. 5 �� VJ Paga S: _ :w s�tl�ey s; l'1' CJtl�C2 J: �J W inona S� �W �Nyommg St %� s . . _ h§lna $: " ti ��`� �q � � �.: aa '' Simard �3t - }Ietl2jE St � ` ""� � �`L�Iyo�Ie - Mendota Heighis '/l�esl St Paui � / � Packerel Lake � -�,� � ,�;. . o, wanston c� °> .„� . < <`:�,,:. q W o� ��;: -- - ,E i � �� ^ x ,a y .. 1 �•, o �i - '� q� Q � . �� J 2 ,� �, : `� y •• °� '�p, � .lOhn $f m c� p m ,�s� ��^� v q v v a' _ x" x� ��'?-�' ao �: s_ �, ; r � <` . - �YC a o : _ _ �,. Reg Paric� O� -s� ��e- � -. �.. � . q �pd? p �o �� u , ;�. � le Parf( r ' ¢ _ �?_ _ � �o � ' o �, hy Fetis Ave 4_ ��.' "'� _-� m` r .� m � •. � p ��vtears ve y� �._. � o � I � �d Sun5et l �•, _ 4' ' � 4 ti � �Ca - �r` ' � 2 A � _ s o �'' Sl `1Je , h - ia� '�° �� a 3 �* c a q 3 - Em�son Ave� 3 � d o � o� o `3 C`� — �-.Y � p� � 6rcoksaCe la Q Fj P.Uby tlr � �� -- o� y � istAve � � Edi(hD� , ; r� � 2nd Aae Chnsi. n� a 3rd Ave 4 � W nompson Nve � �Pper Gobnia� Dr � � D Bairy la _ - -'ejR>'�VE � f��l�f�`cL�d � o ' � O �, Xce1 Energy� 1,000 2,000 Figure t-2 � Feet proposed Pipeline Route Xcel Energy High Bridge Generating Facility Gas Pipeline Routing Pertnit Application Saint Paul, MN Nrnember 2605 � U 4 �x�;b�`� � Sa�nt �� 7 �� A �paul� f at`�CS and R�CC�1ff011 COCr1Cn[SS[QI� 300 City Hall Annex, 25 W. 4th S�eet, Saint Paul, MN 55102 -(651)266-6400 RESOLUTION 07-01 VJf�REAS, the Saint Paul Pazks and Recreation Commission is an appointed body established to advise the Mayor and City Council on long-range and city-wide matters related to Pazks and Recreation; and WI�REAS, Secrion 13.011 of the City Charter requires that the Commission review any diversion or disposal of park pioperry and present a zecommendation to the 5aint Paul City Council; and 4VHEREAS, the City of Saint Paul, Division of Parks and Recreation, owns city park properiy known as Harriet Island Lilydale Regional Park between Wabasha Sireet and Highway 35E on the west side of the Mississippi River; and WHEREAS, Xcel Energy is requesting the diversion of a 30-foot corridor within Lilydale Park for the installation of an underground, high pressure, natural gas line to service the new Aighbridge power plant on Randolph Street on the east side of the Mississippi River between the Smith Ave Bridge and Shepard Road as shown on Exhibit A; and WHEREAS, the Division of Parks and Recreation has deternvned that the park properry may be diverted for this purpose and recommends Cominission support for the request, subject to: I. Safisfaction of conditions as set forth in a temporary Right-of-Entry Permit between the City of Saint Paul ("Cit}�'� and Xce1 Energy, attached as Exhihit "B"; and 2. Execution of a subsequent permanent Easement between the City and Xcel Energy following completion of the park land diversion procedures, including: a. Appraisal of the land diverted and deposit of payment in the Parkland Replacement Fund; b. Approval of the diversion by the City Council at a public hearing; NOW, THEREFORE BE IT RESOLVED, that the Saint Paul Parks and Recreation Commission conqurs with the request to divzrt City park land lmown as Aarriet Island Lilydale Regional Park between Wabasha Street and Highway 35E on the west side of the Mississippi River through an easement to Xce] Energy, and in accordance with City Charter Section 13.01.1 recommends approval by the Saint Paul City Council. Adopted by the Saint Paui Parks and Recreation Commission on January 4, 2007: Approved: Yeas ,,� Nays � Absent: `,�' Resolution 07-01 Attested to by: C��✓Lt �tJ!� -/�1�CA Staff to the P• cs a d Recreation Commission G:�DMRT�PAAKS COMMISSION�RESOLUTIONS�ZOOT0701HIGHBRIDGEPOWER DOC � 7-r�� x�„b;�- <<�» . , iCrocus Hilt 7erracg.Park" - � .._. . -�- ousman Park •-�r . v: _.m.•ooq��e Kenwood �Fa�" ,:: r � _ :�ao s� s 2 . 1YSamiC?a:r�i -. �6 " lcmbzrtl Ave - � - � � �- ' h* �- � . -- Linwood Rec CenEer � . Clair Rec-Cenfer ati� - arneYl Sasd Re Park Ben Hs.� Rd _� - ' <� � . 9 " 135t. , m ^� �� .' y - - � e a d v�. r � ,e- - � : ° � U a `' 1 - � . 4 =AIic�Park a : �- 5 - s �%—' �� -- .- -t r� � - � ' A � a a Paiace Rec Center � � � ° , �` �' - - " ''' ° �' - _ _ u �? ;� y , T � i _ 1 v. x__ ' ea. N. ✓% oyti�lamesAve � G` � ' � - � - - - ;r . .. _ - � 9 � Qouglas Park WRanaalChn:e ' = — ' "-' - "' � -- . : _ _ . r _w ._' i .. . _ :"; aaker S�� W luno Ave h ?� •, , �j' �y� " - . . n ' Wo7on� W Armstrong Ave � - � - - � . " XCeI Energy High Brsdge Plani " ��. ' ,p aa e S . 4N Wa3son Ave ; �z ' � "�++ S_ � Vu Suscarora 1ve ' ' � ._ a`:. . �- - -' ! 'o � , � �q' � . . W SiEney SE i VdBayar�]Ava BayTdangfe d�_�' , 5 � �l•c�.�::.�s, n VJ ScheHer Rve �'ste( St ' S � �-°� � ��' ' � . im m � _ oA.' -- `: � � �5�. h, ,�. .._ , _yy:�cMast = Eleano:Ave � _' � -' aQ ,a,�• >� :�, ' - _ _ ' ' � = _ o .,..:: �`. y.t� .. ,_ m W 6Vyd�;ng Sa � W Ot o Ave y S _ . � ' `� ,�::.;�: `S .r..F St Paui ' —_ 5 � E� y' V'i �� '-��;,�� ..,;..:;:.;. r _�_k,Y:o,�.» n�-.._.�i�;. .. � � . Fiiu?a mis51 a Po '� <o °' � �X f EE� �' s.. ) — .__ - .. VlHurkY �6 j N�awatha A�� . P � � .; �� ` �� .b � . . Uina St �' ) n �� S:marJ 5: 3 � +�:. . :,`i ;.�,,a,:. � _.;�.1 . � Fiedge Sc ° I'tji`' � { � MississippiRfver "�-'_ �-�� li�ydaie MentloiaHe�ghts ; ;NeStSt Paul � � Pickerel4ake , '-'£�� . -- r,' � . � Winsron p Q� C w ' i�.. � �, ' ° a "� _ �ca ' , . . r � 3 '$ s r = > > �t.: �0. r y _ , a o .y.. J� � � y n` cdRa. A .� :_ .::,:. i..q;: .. .. �� p c m JoM St _ v � c - , 2 � eQ a :"'�., �,' /� .::...::: i.'' a9 �_- ; ' z . < � . - O :; ;� � �Lil f te Reg �Park� � ° f C' � �ti� � ee' s { s �; „ .�'� ;�`' - y a.2.. � 900 �•6i�,i o g , =��',•_;' . _ . 4�'. . rosby Farm Reg Parki` - �.' st�;e aan� or �� t�'� — . ?„ " '"t`� a . ��ry FaL'�ave o �ae`�' a � %-� ' a ��'��:.� �� N � ve � /�� `p ' c ,`�5 n�e¢ Svn`e_L' c � ' � c :.CS 6 D _ ' tl Q S' � c. : "� �' j ' j�� g :�� . ` a 6 T" (� � U 3 i , � � C 4 i",c,' L m p � �j � F.;n¢rsonAve 3 Q o 5 � t� � S� C.{r`� W b "n �.-L- ;� '. �, � � - Y o o � 6:coKS�os la Q Q t� RuCy D� � � � ^ ��c� �„ o �- $ a-..� , , _ts:Rve_ ` '� [t�Ur w- fl � "� " �S� . i � - ' � 2r,C AY4 � .� � Chnsfne !.a s ��': a 3rdAve � �VJ homy� t . � aa� i.vE � . - LL Betty La UpperGObnialDr _ ' " e _' dlhA\2 � E�::O�El2 3 p q ! d � � Coun#y Boundary � � '•.._..- Citylfwp. Boundary � � ��°��f � i,_._.i � �'��: lakes and Rivess Parks 0 i3O00 2,000 Figure 1-2 - — � Feet p pipefine Route �� H �� Y Xce{ Energy High Bridge Gene2Gng Faciiity -- Road 6as Pipetsne ftouting PertnitApptication Saint Paul, MN November 2005 �7-�0� EXHIBIT `B" RIGHT-OF-ENTRY PERMIT This is a RIGHT-OF-ENTRY PERMIT, dated as of the day of , 2007, between the City of Saint Paul, a Minnesota municipal corporation, herein called "Grantor," and Xcel Energy, herein called "Grantee." WHEREAS, Grantor owns city park land, known as Harriet Island Lilydale Regional Park , located between Wabasha Street and Highway 35E along the south side ofthe Mississippi River in Saint Paul, Minnesota; and WE�REAS, Grantee seeks to acquire permanent and temporary construcfion easements to install, operate and maintain an underground high pressure natural gas line on Grantor's properry as shown on the attached map (Exhibit "A"); and WHEREAS, Grantor agrees to convey easement rights to Grantee, subject to any and all conditions as set forth in said easements to be subsequently granted by Grantor to Grantee; and WHEREAS, Grantor wishes to cooperate in, and does not wish to delay, the process of installing the natural gas line; now . THEREFORE, Grantor hereby grants permission to Grantee to enter upon the above- mentioned premises for the purpose of installing a nahual gas line, subject to the following: Grantee shall consult with the proper Parks & Recreation staffrepresenting Grantor at least 48 hours before commencing any construction work. 2. CTrantee or its agents shall perform all construction activities in a safe and professional manner. 3. Grantor retains, and does not waive, all rights it may possess in connection with the installation of the gas line. 4, Grantee agrees to indemnify, defend, save and hold harmless Grantor, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons or property resulting from an act of Grantee's or its agents' use of the easement areas only as to a claim brought because of any act of misconduct, neglect, or omission of Grantee or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by Grantee or any of its agents or employees. 5. This Permit shail be subject to Grantee's application for diversion of city park land, whose process includes appraisal of the land to be diverted and deposit ofpayment in the Parkland Replacement Fund and approval of the diversion by the City Council at a public hearing. -1- O �7 D� 6. This Pemait shall be subject to any other applicable licensing and permit requirements of the City of Saint Paul. 7. This Permit is terminable upon 30 days written notice from Grantor to Grantee, and the authozity to enter that is granted herein as part of this agreement shall otherwise terminate upon the signing of said easements. The above terms and conditions are hereby accepted and agreed to: Xcel Energy, "Grantee" By: _ Its: Date: City of Saint Paul, "Grantor" By: _ Its: Date: G:Uteal FstatelVacations@006@32006 -- Xcel Gu Line (Lilydale Pk)�232006.ROW Pemtit doc 'Z_ o �-�� J(�l i� r � . � 1_t_ 6/12/07 PREPARED BY: The City of Saint Paul Public Works/Technical Seroices Division 1000 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 GAS PIPELINE TEMPORARY EASEMENT AGREEMENT TffiS AGREEMENT is given as of the day of , 2007, between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation under the laws of the State of Minnesota (the "Cit}�'), and NORTHERN STATES POWER COMPANY (d1b/a Xcel Energy), a Minnesota Corporation, ("NSP"). RECITALS A. During 2006 NSP completed consiruc6on of a new overhead electric powerline (the "Powerline") from its Xcel Energy High Bridge power plant across the Mississippi River and extending through Lilydale Park, a municipal park (the "Pazk Property") owned and managed by the City, as depicted in Exhibit A attached hereto. B. During 2007 NSP is proposing to construct an underground natural gas pipeline (the "Pipeline") from its Xcel Energy High Bridge power plant across the Mississippi River and extendingthrough the Park Property. C. The Mannesota Public Utilities Commission approved a pipeline routing pernut for the Xcel Energy High Bridge natural gas pipeline in February 2006 (Docket No. G002/GP- OS-1706). D. The City and NSP have agreed upon the Pipeline route within the Park Property and have approved a temporary Right-of-Entry Permit to allow NSP to commence with construction in eazly 2007, with the subsequent execution of a Gas Pipeline Perpetual Easement and Gas Pipeline Temporary Easement Agreement. E. The City has established certain requirements for the restoration of all azeas disturbed by both the Powerline and Pipeline projects, as provided in this Agreement. NOW, THEREFORE, the City and NSP hereby declaze that the easements, covenants, conditions and restrictions hereinafter set forth shall be established over certain portions of the Park Property_ � ,r, AR7ZCLE 1 EASEMENT 11 Grant of Easement Subject to the terms and conditions hereof and on the condition that NSP proceeds to construct and maintain the Pipeline, the City does hereby grant, bazgain, sell and convey to NSP, for Two Thousand and 00l100 Dollars ($2,OQO.OQ) and other good and valuable consideration, the receipt of which is hereby acknowledged, a Temporary Construction Easement (the "Temporary Easement") for entry, construction, sloping, grading, clearing and the storage of materials and equipment, over, under, upon and across that portian of the City's property, depicted as the "New Temporary Easement to be Acquired" ("Easement Area") shaded in blue on Exhibit B attached hereto. 1.2 Term. The term of the Temporary Easement shall commence on the date of execution of this Agreement and expire on either the date that all construction and restoration work is completed or on June 30, 2007, whichever date is eaziier. 13 Use of Easement Area NSP shall limit its use of the Easement Area to access and construct the Pipeline. The City shall be permitted full use of the Easement Area following completion of construction. ARTICLE 2 RESTORATION 2.1 Restoration Area. The total azea to be restored by NSP (the "Restoration Area") shall include all locauons disturbed during construction of both the Powerline project and the Pipeline project. The Restoration Area is defined as follows: A. Powerline project and Pipeline project easement areas — The area to be restored foilowing construction of the Powerline and Pipeline projects is depicted as all permanent and temporary easement areas shaded in orange, biue, red, green and yellow on the attached Exhibit B. B. Powerline project Access Routes — NSP and the City did not establish a temporary easement azea in connection with the Powerline construction, however Access Routes weze identified to ailow NSP to enter its pre-existing power line easement on the Pazk Property as listed on the attached Exhibit C. 2.2 Restoration Requirements. The following requirements for restoration shall be satisfied by NSP and/or its agents within the Restorauon Area as defined in Secfion 2.1 to the extent Restoration is needed due to NSP's use of the Restoration Azea pursuant to the tenns of this Agreement: A. All disturbed Construction and Access azeas: 2 � 7-�c� 1. Remove a11 construction materials, equipment, vehicles and fencing. 2. Remove and dispose off site all consttuction debris, any by-products of boring operations, wood chips generated from tree removal. 3. Restore to pre-construction condition or better ail guardrail, barriers, posts and chains removed or damaged during construction. 4. L.00sen any construction or access azeas that have been compacted by vehicle traffic by frost ripping to a depth of at least 12" followed by smoothing and grading as needed to prepare for seeding or planting. 5. Plant and/or seed, and mulch as reasonably d'uected by City Parks and Recreation Staff and as required by applicable pemuts. (NPDES) 6. All Easement areas requiring ongoing maintenance access shall be planted with the Native 5eed Mix only. 7. Native Seed Mix: a. MNDOT seed mix 325 (native sedge/prairie meadow mix) applied at 84 pounds per acre per MIVDOT construction requirements 25753, D3. Seed installed between April 15 & July 20, unless otherwise dictated by the U.S. Fish and Wildlife division. 8. Mulch: a. MNDOT specification 3884, Type 5 hydro-mulch at 2,5�0 pounds per acre, or, Disk anchored Type 7 grain straw or Type 3 MCIA certified clean grain straw at 2 tons per acre at 90% coverage. (Please note that Type 1 mulch is acceptable only if it is grain straw. Type 1 mulch composed of hay, cuttings of agricultural grasses, or legumes is not acceptable.) 9. Upon completion of the restoxation, including any required establishment operations, a representative of the Pazks Department will verify completion of the restoration. When the work has been satisfactorily completed, the Parks Department will accept the work as complete and take over maintenance of the restoration area without further involvement by Xcel. B. Pickerel Lake Pazking lot: l. Remove existing parking ]ot surface material from azea designated as `Future Butterfly Garden'. (Limits of `Puture Butterfly Garden' will be determined in the field and will be less than 0.5 Ac.) Removed�material may be re-installed in the area that will remain parking lot. Any excess granulaz material must be removed and disposed of off site. 2. Place 4" of Topsoil in Butterfly Garden azea, per MNDOT Spec. 3877, Topsoil borrow. 3. Seed and mulch revised parking area as indicated below. a. Native Seed Mix: MNDOT seed mix 325 (native sedge/prairie meadow mix) applied at 84 pounds per acre per MNDOT construction requirements 25753, D3. Seed installed between April 15 & July 20. 3 (� 7-�0� b. Mulch: MNDOT specification 3884, Type 5 hydro mulch at 2,500 pounds per acre, or, Disk anchored Type 1 grain straw or Type 3 MCIA certified clean grain straw at 2 tons per acre at 90% coverage. (Please note that Type 1 mulch is acceptable only if it is grain straw. Type 1 mulch composed of hay, cuttings of agricultural grasses, or legumes is not acceptable.) 4. Upon completion of the work to create the Buttertly Garden, a representative of the Pazks Department will review and verify completion of the work. When the work has been satisfactorily completed, the Parks Department will accept the work as complete and take over maintenance of the restoraflon area without further involvement by Xcel. 5. Fill in all areas disturbed by boring or trenching operations, and grade to match adjacent area and to maintain or improve positive drainage to eliminate drainage directly into Pickeral Lake or as directed by designated representative of the Pazks and Recreation Division. 6. Provide and install MNDOT Class 5 aggregate base as needed to fill depressions, tire mts, pot holes. Place materSal per MNDOT Spec. 3138. Grade to match adjacent grades adjusted as needed to provide drainage as directed in the field. C. Tree Replacements: 1. Replacements will be based on caliper inches removed rather than number of trees removed. Tree inventory and measurements taken by Parks and Recrea6on staff at the time of removal will be used as the basis for replacements. 2. The replacement planting locations, type, varieties and spacing will be determined by designated representative of the Parks and Recreation Division. 3. The City will provide a spreadsheet tally listing the number, species, caliper of the trees removed as part of XcePs work in Lilydale Pazk. This list will be used to establish a cost per tree replacement valuation (see attached Exhibit �• 4. Xcel will provide a monetary check in the amount of One Hundred Twenty- Six Thousand Nine Hundred and OOf100 Dollazs ($126,900.001 to the Citv to cover the cost of tree replacements. It will then be the Parks Department responsibility to perform plantings to meet their restoration and mitigation requirements. D. North Bore Pit Pazking Area: 1. Remove and dispose offsite all NSP construction debris and boring operarions by-products. 2. Rough grade parking azea, inciuding minor grading on the uphill side to divert drainage from the lot surface Fill in all azeas disturbed by boring operations, and grade to prepare for gravel sub-base and surface course maintain or 0 o >-� o� improve positive drainage per E�ibit E and as directed by designated representative of the Pazks and Recreation Division. 3. Sub-Grade gravel base shall be established 8" below finished grade. Obtain approval of Sub-Grade prepazation from a Pazks and Recreation designee before proceeding with remaining lot prepazation. 4. Provide and install base material as follows: a. Sub-Grade Base Course to be 6" of 2"minus, gravel. Sub-Grade base course stc�ne shall meet MnDOT specification 3137, Class A or C, or Class D as a mmxture of A, B, and/or C stone where the ma�cimum percentage of any class is 65% by volume. Gradation shall be CA-5. b. Surface Course to be 4" of Gravel fill stone and shall meet MnDOT specification 3137, Class A or C, or Class D as a mixture of A, B, andfor C stone with m�imum percentage of any class is 65% by volume. Gradation shail be CA-8. c. Compact stone by back-dragging or rolling with rubber-tired compactor. Compaction testing of stone is not required. Following completion of the Rough Grading, Sub-Grade Base and Surface Course Gravel installation, a representative of Pazks and Recrea6on will verify satisfactory completion of the work and wil] notify Xcel of acceptance of the work. E. Pickeral Lake Shoreline: Remove the sand placed in Pickeral Lake for access to transmission towers in 2006 pursuant to the conditions set forth in the DNR permit. F. Ongoing Maintenance: Once the above Restoration requirements aze complete, NSP shall have no further maintenance or upkeep responsibHity in the Easement Area. ARTICLE 3 GENERAL PROVISIONS 31 Desian and Construction of the Pipeline. The Pipeline shall be designed in a prudent and professional manner and shall be constructed entirely within the boundaries to be established for the Gas Pipeline Perpetual Easement. Once commenced, NSP shall complete the construction work with all reasonable diligence. 3.2 Maintenance and Repair of the Pineline. Afrer completion of the Pipeline construction, NSP shall, at its sole cost and expense and without contribution from the City, repaic, replace and maintain the Pipeline in a good state of repaiz and condition, in compliance with all applicable federal, state and local requirements. 33 No Liens. NSP shall not permit any liens to attach to the Pazk Property as a result i�i of any work under the foregoing Pipeline project and shall either bond over or pay and dischazge any lien so attaching promptly after demand by the City. 3.4 Indeinnificafion. Each party hereto shall indemnify, defend and hold hannless the other party from and against all claims, expenses, losses or liabilities in connection with any action or claims paid, suffered or incurred as a resuit of the indemnifying parry's construction, maintenance, use or occupancy of the Temporary Easement as provided in this Agreement. 3.5 A�reement Shall Continue Notwithstandine Breach. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise temunate this Agreement. However, such limitafion 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. 3.6 Amendment. This Agreement may not be amended or modified without the written consent of the parties hereto. 3.7 Entire A¢reement. 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. [Separate Signature Pages Follow. J U 7---� o� SEPARATE SIGNATL7RE PAGE OF NORTHERN STATES POWER, INC. FOR TEMPORAR'Y EASEMENT AGREEMENT IN WITNESS WFIEREOF, the undersigned has caused this Agreemeni to be made as of the day and year fust above written. NORTHERN STATES POWER COMPANY By: Its STATE OF 1VIINNESOTA ) ) ss COLINTY QF RAMSEY ) The instrument was acknowledged before me this day of , 2007, by , its , on behaif of Northem States Power Company (d/b(a Xcel Energy), a Minnesota Corporation, on behalf of the corporation. Notary Public o >-�o� SEPARATE SIGNATiJRE PAGE OF CTTY OF SAINT PAUL FOR TEMPORARY EASEMENT AGREEMENT IN WITNESS WHEREOF, the undersigned has caused this Agreement to be made as of the day and year first above written. CITY OF SAINT PAUL, By: _ Its Mayor By: Its Directo� of Financial Services City Clerk Approved as to form: Assistant City Attorney STATE OF MINNESOTA ) ) ss. COUNTY 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 municipal corporation under the laws of ihe State of Minnesota. Notary Public :� o >-�o� " �Xti,�a�r :��,� _ - ;CrocusHil[Terracg,Park' = � � � - usrrcan Park - - s — 4ti L'mvoo�AVe Kenwood Pa`� — .--. . L�r � uz� 5� ' s �, . . 'v'+Sart:lCSairALe` � " - � �cmbara nve _ LimNOOd Rec CenteY Clair Rec Center w�s `F � -�'�� -� ��- � H:,+Ra __- - ` � arnzt€siand�RegPark ,. � a �- " 1 - v� 1`� F - . ' -. o __ .a '�" y� . P_-AticePark � �C- a - : - e� a �! a .�P . 5 . ..€. �_. �. ._ -� wF � - _ ,'T�S . *u. e �a: Palace Rec Centera 3 �� .c�� - - a ? . _` 'p a � . _ - ' - - - — -- - u y ° c � 'V . ` - . `� -,`�� u, �� W lames:.ve ' y�' ' pp pUglas Park . . W Rar.tlo�hA�g _ . a _ ti i . � �� -' !^i 0aker 5 � NJ Juno 4.ve � 3 ' ' M' 844 , �,5aron St -. 7lA�ms!rongAVe Y '• . .-' ' - " ' ' -"' " - �� - ' X:el Energy F€�gh Br;dge Plant � . . �, Lt'+'a9e St . W WalsonAVe j �;.�am.� f �, ' - � t"✓ ,T�scarore Ave . � .' �tD .. . .- . . o . E a'. . W &aney 5t +r�sara�� ave Bay Triangle �eP ' . . �. g - " � e1' Cm�t::s 5 e' _" WFS�slef 5t .� � S� �. . -- '�; � � c 1 W;nora SY wSchetterRVe N � N - y 5 _ . ' � : �� ts � �h [ eeReg Pack ; o --. . -- ; Etearo: Ave n �' �- ��a�� _� , � fls� vi W 4'1y�rr��n3 St E WOItoAVe m �, mI O, � �- + ; � S . � _ .� St Faul . �a des51 - � �$ N ; � � �� ; ��,�- -- � ' Va ti„�v st . : iita �atha Av P Mm.a St - fr i y. F s�: � H� 5 ma�� St NeAye St i - MississtppiRiver .� � :�--�' Mendatarfetgms WestStPau1 � Prckerel�ake ry .� �^ i - _ - , vJmsto� ct �' C 8 0 �' � �. rc � '` `�� °�s. � �� a ' r /° o o �T ; o D � �yd I' �. a � ��. a _ '�i ' �o � Jahn St _ y .. �' � y � ��'� /,� *� _ ° 'q Sp- � L � p ��s�¢Q , ,,�t;,: a �aa. -.� . ; � o. i � � . .: ��;' Lil !e Reg Park� ., o y� o s = s � ;-.�� D ? - � � .h� � v _ '( ��:i' . / - Qc �^ 0 -- . , z . . ° �rasb ParmRe Pa[{c�' � ' Y $ . - -t�ie aahc Dt � o `� > ,�'�`}� �� O ,. le} FaBSAve . �� ._ . . _ a� `•:%``�� a � Y ' ��.Meaqs ve � ' n `O ° � ��".' <' J �.��e¢ S�nsetL- T� R [.l � � :'-•�-'_' _ �.. 5�: tL�" v�' � - .�'c_ } c a e � 3 � � ; �� m � f1 —� E:ngrsonAVe 3 � o � o < _. .. � 1� �� Y o� 0 3 9rcoKS�ae La /� Q D� fttiby Dr '- G� ^ ': a '- °� a-�� , _75IAvL !�i � ,. EtlithUr )/ E ' � ;� `�5�, — . .. . , ' t 2nd Ave V ' p ri ChnsUne La � -'.�` ., � �c 3rd Ave � ( =} V,' �nnn hv5 m � " __ 0 \3 _ '� •' E� �ypper Go�n'81 Dr Betty i a _ ._. = -- cmA�= � RungeLa � a. a _ � � �� County 6oundary - i_,._.7 Cityli'wp. Boundary � �, Xc�1 Energy ��,�;;_ Lakes and Rivers 0 1,000 2,OOQ Figure 1-2 Parks � Feet � Highway �'toPOSedPipef+neRoute Xcel Energy High Bridge Generating Faa6ty — Road Gas Pipeline Routing Permit Appfication Sa+nt Paui, MN November 2005 0 7-� o� : : [Insert Xcel map showing easement areas overlaid on aerial photos] l� c� 7-�oG EXHIBTT C Access Routes to NSP's Pre-Existine Powerline Easement 1. Route to easement from Lilydale Road to access tower Nos. 18, 17 & 16 2. Route to easement from Lilydale Road through Gate 4 to access tower Nos. 15 & 14 3. Route to easement via parkland x-f from Mississippi River boat launch to access tower No. 13 4. Route to easement from staging azea to access tower Nos. 12 & 11 5. Route to easement from Pickeral Lake boat launch azea to access tower No. 10 6. Route to easement from south side of Lilydale Road to access tower No. 9 7. Route to easement from south side of Lilydale Road to access tower No. 8 8. Route to easement, not protected by guazd rail, through pazkland to access tower No. 7 9. Route to easement from south side of Lilydale Road to access tower No. 6 1�. Route to easement from Lilydale Road through pazkland to access tower Nos. 5& 4 11 d 7 �Xt�t �I � E.�: � " �', � '�; i[1RRR Iiiterdepartmental �Vlemorandum- CITY OF SAlNT' PALJL TD: ]ody Martiaez� Design.-Sectioh F1207V[: Greg:Reese,Fvrestry SiJBJ: �ceF 1'�ausmfssion I:ine I Fipeline Tree Removats AATE: �VIay.2.2, 2009 dculy, alotal of 4�3'trees �?'> in �ianieter�were remaveci in Spring 2006 and Winter 2007 #c� a11gw �cel F.aergy It�c: to pzoceed witli CoristrucriQn (ovesfiead transa�ission tirics & 26" fiigh prassure gas, mamj in.�,ilydale Park; to wit� � 152 Maple / S�zetder treas'j1,14 iliameier uiehes)'= sb°Jo of total � 10$ aslitiees (337.54'cliametez 6nches) =,25.�f°/u aftrnaI � 8$ cot�onwood hees {SS4.5 diameter inches) _.'� la/o of toYai � 3$ elni trees (2fl7,5p �liameter inches = 9%0 0� totai .�- - - i.= � �., �' �.- > zt� ��m� �„ti � + 3� Basswood, Trpnwoocl, Hackheiry,$lack,�TValuu�, �atalpa (251 diazneter'inehe�) _$ TIse,abnve were aEl vi�file trees_ that �vere rem�ved fdr eonstrucfion. Trezs 3ess thatt � inches, s#uubs, =aud ground eoyer W�ro not inveaitoiied, 5pecies iqpes.�or removecl tree5-aIi fell `�v�thin the �Qn� 1: ecolagicul a�egion. The avcrage �ting�vas SS°1o. Tt;ees �vhere senescence oF alivious sabstantial biotic �r.abQitic dasease was euidenced Wete izat in�r�nforied. Th� averagc, conditiou z'ating (�iealtli; structerral inte�rity, appearaneej for tHE sufiject Erees w,rys 55�l,. �'lae impor.tance�slaced.on �rees. by �arks' cos�stiiuency itt Saint T'aul is 3ugh; oystall lacatiop rsfing a.t'.a0.lo. Saine were higlier, e.g_ lai�ge tre�s neaz ST:t1, � for Ihe transmissi4� line praject, o.thexs Io;aer; In light of tlia �oregoizta, I�votild place the loss flf valuz to city property, i.e: traes, a# �I�6�OU�OQ. `T(tis stim''isliased on rzp�aeement, af reinoved t[�es iviih?.5-iitcli ca]iper BB nucser� a own stock. Glf course, this methodnIogy will Rot come close tss xepl&�ing tQSt_caiiopy coverin LiTydate.Park, .but if would rgplacz appro�imaYeiy 4D°l 9f "IoSI �ameter iriches;' Flease le# me knnw if� can be. of £cu�khar assistarice to yau iri these u�atters. C: Ed Oisen �ai�-�.arriey = � G:\tiain.TineVomilryiGregl,ForestrylFores(ry 30071iv1artinez,Xcel 7'ree removals in 1,ily^da2e.doc C� 7-�0� Aeer Fra�nus I'a ulus t��us. ?Y�isc. 9�" 2.4" 4.b S.p" 2.�t" catal a �.Q" �:Q" �.tt" ?4.{1" ( Z.Q" catal a. 8,fl" 3.-0" 7 D" 3.0" �:6" ratal a b.5" 4,4" 3.�" b.�" 2.0" 8. i?�alnut 5.0" �-0" 9.f1" 3:5" 2.4"�. Walut� 7.4" 2.0" J -5;fi" SS" .�.fl" �ia�kberiy 7.t!" 33" 3.rs" 2;5 2.Q"�aek6erry 10:0" 2. 4.0" + 2 � : r 5 ;; �.� �.J��" 4.� L.J �.a�� a.a�� s.o=° � a� s.o°° 2.a�� z:s� �.�n z.a°� �.fl" 8.0" 1Z:(1" 9.U" ]9>i�" 3.5" 2:(�" 2.U �,�,; � i��-i�.��s� ��s �:o°� . �..n i�.o� sE�� $.�'� �.0° . ��.��f .r� �if 7i.b�� 3.D� �.�!" �.0"� S:0" 2.0': �-a" 2.�': 9;p" � 2 0" , �,1,0" .3-5 t-2" °9,4'� � 19:fl� I8:Us' 11-1Be' � _ . �.a R�H J �-5„ . Z.� $ iI=Z-S'� - -- �� 'vfal -028�' 26 Total / 85:5" 11 To�al f�3" 1� �'afa2 !�3" 9 Y'6ta1 /:i4" Pa e i Ti Siirve Lal dale Pnrt; �Lcel �Ieetric Jan. yt106_ C77-�o� t�7-�oG Aeer F'raauius Po alus � IJiutus 1Viise,. b.U" 3.0" 5.11�' � 3:i1" 3:d" 4.4" 8.�'� �.�n� $Se> tS.O" I.�'' Z.J�f 7:Q" �:li" 2:5" 7.U" 4:0" 6A" 9.fl" 2:$n iO.U" ��.On . 2��r � �» 13.0" 5:b" 7.4" 2 � y .5 n " 3:d' ?.Q" }}.UH �.�� 21�� _ � 3.s�� z n� 3.u�� :sn Z.o�� s.k» s.s� z.a°� s.o 3:5" � 4.5" 5.Q" �5:0." 2.5" 6:5" 3.5" 4.D'' 12.5" 6.4" 5.5" 2.5" S.Q" 3.4" 2.i!'r 9��1" 2.5" � fl 9.0" 2,4" Z.U" 7.5" 2.0: 2.0" ' S,4" 6.Q" 3.5': 2�.fl" 2.S" 4.0" 2.f1"' i3.pr Zd}'� �,s°° s,o�� i.s� 3 4.0 8 G�V� �.V�� 3rU� z�» s.��= s.on �.� �.J� �.�» 5S" ?,5" �.S" �(.Q" 4.5" 9.1i•• d.� 3:0" 3.5" 9.�" 11:i3" � 1.�' . A 4 U�Q Y.V 13.b" 4S" �1'.Q� �#-0» i2.0" 8:5" 9:U" Z.(3" 2.0" � �Q Pa�e3 TreeSunep L�yd�lePark ��e1Gas Ja.nuary�0�7 � >-�. Acer Eraxirius P6 uI�as I3lmus 11'disc> 3 5" 3,4" � 4.fl" T:5" 7_13" - ? �!" 4.5" �i!»: 2.4" 3.0" X Il)Y w V 1 ��S 5.0" � � 2.5'� � U" S.il• a.a» 11.5" � ;2.Q�� 3,5" 3.0" 2.D 5.5" 7..0� 1� 1Ti�fal �rees 82'To#al Trees 77 To'tal firces 31 Tafa� T,r'ees �'� `t'tscal Trees 71Z,S diame�er 4d� �iame'ter �53�.> diautetar I6�,5'dia.m,efer 139 sliauieier °inehes i�slies in�hes iuehr5 . inefies _ � � Pa' e 4 Tree Suruey* Lilydale ?'aiEc XcBt C�s January 3UP7 f_r�hainline\Fqre'strylGreg\i=ores[rylFvrestry?0071Lilydale Survey.Xcef.doe . . . �'_' : i ' � l . . t a3 �� 'y , . _c� �j�r ._.. ; � ; 1 / y f± • ' //// , WE s-� , � . . . . r% ��' �'' �� " . � .. . . • � . @ �..�. ; � �` r � � � i �f � � �'�s�- - `i , ' �� ^ � �, > � � •, ,�" � � �� r � r z� � :� � # _� „�L I l � ' ,, � � � xr �� ° , � . � �, � � � �� '� �� ,' �� a ��' �� , � � � � � " , �. � � � ,� �� ,� j -z� � -� � 3 ` � / � �+'� � '" s � � '*�.... � �.�- �� ":�' . �. � z?nr�� ;q. "`. ��T .�. ;K� �:°° �'� 1 ��'c a � � �� - �� ,� � � ��: �� - �'�' � rf� �{ 3 � i � � j� � q & f( A , t,• n... . �'�� i J� �X�i�i`t� PIPELINE EASEMENfi KNOW ALL BY THESE PRESENTS, That the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, hereinafter called "[he City", for Good and Valuable Consideration to Grantor in hand paid by Northern States Power Company, a Minnesota Corporation, d/b!a Xcel Energy, hereinafter called "NSP", the receipt and sufficiency whereof is hereby aclmowledged, do hereby grant unto NSP, its successors and assigns, the perpetual right, privilege and easement to excavate for, construct, operate, maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other appurtenances and devices used or useful in the operation, maintenance and use of said gas pipelines over, under and through the Pollowing described lands situated in the Counties of Dakota and Ramsey, and State of Minnesota, to wit: Dakota County property: Lots 1 through 17 inclusive, Block 1, Goforth and Shexwood's Re-arrangement of River-Dale Addition to St. Paul, Minnesota; Lots 1 through 23 inclusive, Block 4 Lots 1 through 16 inclusive, Block 6 Lots 1 tl�ough 14 inclusive, Block 10 All in Long's 2n Addition to the City of St. Paul; Lot 3, and that par[ of Lot 6 commencing at the Northwest comer East 71 feet to center of road, Southwest to a point 130 feet South of beginning Northerly 130 feet, Block 1, Lots 3 through 6 inclusive, Block 2 All in Aendricks and Mc Dowell's Acre Lots; Lots 1 through 15 inclusive, Block 5, Lots 1 through 30 inclusive, Slock 6 Lots 10 through 30 inclusive, Block 7, Lots 1 through 15 inclusive, Block 8, All in Pyramid Addition; Xcel File No. (R-T-S)_23-28-23/12/13/14 _ Name CTTY OF ST. PAUL Location No. Line No._MERP GAS LINE Mortgage Page 1 of 4 Rev 7-19-06 c� 7�a,� That portion of Lot 3 lying between the Chisago, Milwaukee, 5t. Paul & Pacific Railroad right of way and the center line of Old Sibley Highway (new State Trunk Highway No. 13 thereofl, and that portion of Lot 3 lying Northwesterly of the Right of way of the Chisago, Milwaukee, St. Paul and Paci£c Railroad. All of said Govemment Lot 6 lying Northwesterly of the Right of Way of the Chisago, Milwaukee, St. Paul and Pacific Railroad and Northeasterly of the following described line: Commencing at a point wheze the centezline of the Chisago, Milwaukee, St. Paul and Pacific Railway intersects the South line of said Section 14, said point being 2103 feet West of the Southeast comer of said Section, thence northeasterly along the centerline of said Railway at an included angle of 34 degrees OS minutes with said Section line, a distance of 2359 feet to the point of beginning of the line to be described; thence sight southerly along the centerline of said Railway and tum 68 degrees 36 minutes to the right, thence northwesterly along said line to the east bank of the Mississippi River and there ternunating, Auditor's Subdivision No. 5, Lilydale. (hereinafter called "Premises") Ramsey County property: All that part of Government I.ots 6, 7, and 8 of Section 12, T. 28, R. 23 And I.ots 1 through 26, Slock 2, inclusive of, Tuttle's Addition. And Lots 1 through 36, Block 1, inclusive of, Cox's Second Addition. And any vacated streets, alleys or public ways (hereinafter called "Premises") Said easement shall be limited to a 30 foot wide strip of land being 15 feet on each side of the following described centerline and sideline extensions thereof: Commencing at the northwest corner of the Northeast Quarter of Section 23, Township 28, Range 23; thence South 89 degrees 07 minutes 59 seconds East (assumed bearing) along the north line of said Northeast Quazter of Section 23 a distance of 619.01 feet; thence North 4 degrees 18 minutes 29 seconds East a distance of 216.22 feet ro the point of beginning of the centerline to be described; thence continuing North 4 degrees 18 minutes 29 seconds East a distance of 13.41 feet; thence North 30 degrees 51 minutes 41 seconds East a distance of 246.41 feet; thence North 28 degrees 31 minutes 09 seconds East a distance of 267.54 feei; thence North 18 degrees 31 minutes 44 seconds East a distance of 302.79 feet; thence North 25 degrees 26 minutes 49 seconds East a distance of 400.30 feet thence North 31 degrees 15 minutes 33 seconds East a distance of 563.98 feet; thence North 41 degrees 27 minutes 11 seconds East a distance of 188.92 feet; thence North 27 degrees 38 minutes 40 seconds East a distance of 333.72 feet; thence North 37 degree OS minutes 22 seconds East a distance of 348.18 feet; thence North 34 degrees 13 minutes 31 seconds East a distance of 330.72 feet; thence North 35 degrees 48 minutes 02 seconds East a distance of 407.41 feet; thence North 31 degrees 05 minutes 31 seconds East a distance of 246.74 feet; thence North 21 degrees 23 minutes 05 seconds East a distance of 453.86 feet; thence North 43 degrees 27 minutes 15 seconds East a distance of 700.27 feet thence North 43 degrees 50 minutes 18 seconds East a distance of 684.52 feet; thence North 44 degrees 04 minutes 46 seconds East a distance of 496.75 feet thence North 53 degrees 13 minutes 59 seconds East a distance of 3401.11 feet; thence North 13 degrees 34 minutes 38 seconds West a distance of 1144.43 feet and there centerline ternrinating. Page 2 of 4 � �-�o� (hereinafter called "Easement Area") 1'he rights granted herein may be exercised at any time subseguent to the execution of this document. The Grant of Easement herein contained shall include the right to enter upon the Premises to survey for and locate said gas pipelines and shall include the right to remove from said Easement Area any structures, trees or objects, except fences, streets, curbs, pazldng and gutters, and landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with construction and maintenance of said gas pipelines. The Grant of Easement herein contained shall include the right of NSP to have reasonable access to the Easement Area across the Premises adjacent thereto. The Gran[ herein contained shall also include the right of NSP to erect, at any time after [he construction of the said gas pipelines, reasonable signs for the purpose of monumenting the location of the pipelines. The Grant herein contained shall also include the right of NSP from time to time to reconstruct or relocate said gas pipelines, valves and appurtenances, with changed dimensions, within the Easement Area. The Ciry agrees not to perform any act that will interfere with or endanger said gas pipelines. "The City reseroes the right to cultivate, use and occupy the Easement Area except that the City shall not erect any structures or other objects, permanent or temporary, or plant h�ees thereon. Grantor also reserves the right to dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the portion of the Easement Area not occupied by said gas pipelines, on the condirion that said Improvements do not alter the existing ground elevations, nor do they impair the structural integrity of said gas pipelines. Before installation of the above-menuoned Improvements, the Ciry shall contact NSP for the purpose of locating said gas pipelines and obtaining prior written approval to install the Improvements within the Easement Area. NSP shall pay for all [he damages to landscaping, roads and driveways, fences, livestock, crops and fields and other affected real and personal property caused by the construc6on or maintenance of said gas pipelines. Claims on account of such damages may be referred to NSP's neazest office. The rights herein granted are subject to exis[ing rights of way heretofore granted and recorded across any part of the lands affected by this easement. The City covenants with NSP, its successors and assigns, that the City is the owner of the above described premises and has [he right to sell and convey an easement in the manner and form aforesaid. The provisions hereof shall inure to the benefit of and bind the successor and assigns of the respective pazties hereto and all covenants shall apply and run with the land. The City agrees to execute and deliver to NSP without additional compensation the additional city authorizing documents, except for surveys and legal descriptions which Xcel shall be responsible to produce at its own expense, needed to correct the legal descrip6on of the Easement Area to conform to the right of way actually occupied by the pipelines. Page 3 of 4 v 7-�c� It is mutually understood and agreed that any modifications, additions or changes to the terms of this instrument shall be in writing and that no verbal representations or statements, modifying, adding to or changing the terms hereof have been made. This instrument is exempt from the Documentary Tax of the State of Minnesota. This instrument was drafted by Northern States Power Company, 414 Nicollet Mall, Minneapolis, Minnesota. IN WITNFSS WHEREOF, the undersigned has caused this instrument to be duly exewted the _ day of , 20Q7. � CPI'X OF SAINT PAUL I� � Its City Clerk Its I}f ector of Financial Services � Approved as to Form: Assistant City Attorney STATE OF MINNESOTA ) ) ss. COIJN'PY QF RAMSEY ) Its Mayor or Deputy Mayor The foregoing instrument was acknowledged before me this _ day of 2007, by of a municipality, on behatf of the municipality. Notary Public This instrvment was drafted by: SDJ Northern States Power Company 414 Nicollet Mall, MP-8 Minneapolis, MN 55401 Absffact / Toaens 200x.xxx Page 4 of 4 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Bruce Engelbrekt Real Estate Manager 1QOQ City Hall Annex Date: June 13, 2007 Subject: Public Works/Technical Services Division - Real Estate Vacation File No. 24-2006 I recommend that a public hearing befare the City Council be held on July 5, 2007. 07�� The purpose of this hearing is to consider a resolution to divert city park land in Lilydale Park for the purpose of installing an underground gas pipeline for Xcel Energy to service its new High Bridge power plant, and to authorize city officials to enter into easement ageements with Xcel Energy for construction and use of the pipeline. This property is located both within City Council District 2, Planning District 3, and partially outside the Saint Paul city limits. cc: Shari Moore Office of the City Clerk 310 City Hall