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08-282Council File # f�� Green Sheet # 3050848 RESOLUTION Presented CITY qF PAUL, MINNESOTA � 1 WIIEREAS, the City of Saint Paul ("City") owns property abutting Exchange Street and Eagle 2 Parkway neaz Kellogg Boulevazd in Saint Paul, said property being under the exclusive use and control of 3 the Saint Paul RiverCentre Convention & Visitors Authority ("RCVA"); and 4 5 WHEREAS, Northern States Power Company, d/b/a Xcel Energy ("Xcel"), is requesting a permanent 6 Electric Easement in this location, as depicted in the attached Exhibit for the purpose of installing and 7 maintaining electrical equipment that would serve the RiverCentre Complex as an additional back-up 8 power source for the 2008 RNC Convention and other fixture events; and 9 10 WHEREAS, on January 24, 2008, the RCVA approved a resolution, attached hereto as E�ibit B, 11 recommending City approval of said Electric Easement; and 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Xcel has agreed to pay all costs associated with the purchase and installation of said equipment, said costs estimated to be nearly $1 million, without any cost to the City or RCVA; and WIIEREAS, the Acting Valuation & Assessments Engineer has deteiniiiied that the value of the electrical equipment benefiting the RiverCentre Complex equals or exceeds the value of the Electric Easement requested by Xcel; now therefore be it RESOLVED, by the Council of the City of Saint Paul, that the proper City officials are hereby authorized and directed to grant a permanent Electric Easement to Northern 5tates Power Company, d/b/a Xcel Energy, in a form and content substantially as set forth in E�ibit C attached hereto. Bostrom Carter Stark Thune Adopted by Council: Date Form Approv �tt ` By: ��� Adoprion Certified by Co mcil Secretary Form A y roved y a or mis ' n to Council By: g Approved b ay : ate 3 t) By: Yeas � Nays � Absern h Requested by Department of. ��0 � :�f �-- .��, � Green Pw -rubtiowo�ks Contad Pereon & Phone: Bruce Engel6reM 26��854 Must Be on Council A9en� Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet . i , -� Doc. Type; RESOLUTION E-UocumentRequired: Y DocumentCoMad: BruceEngelbrekt CorMad Phone: 266-8854 07-MAR-0B y Assign Number Por Routing Order ToWI � of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3050848 2 ablic Works Bruce Beese 3 " Attorne Chad Staul 4 a or•s �ce Ma oHAssisfant 5 ouncil C5 CouncS 6 i Cierk " Clerk Approve resolurion authorizing the City to grant a pem�anent Electric Easement to Xcel Energy Planning Commission CIB Committee Civil Service Commission 1. Has this personlfirtn ever worked under a conVact for this departmenl? Yes No 2. Has this person/firm ever been a aty empbyee? - Yes No 3. Does this personifirtn possess a skiil not normally possessed by any wrtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � lnitiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Xcel Energy is requesGng a pennanent easement neaz the RiverCentre pazking ramp to install and maintain elec4ical equipment that would serve the RiverCentre Complex as an additional babk-up power source for the 2008 RNC Convention. It would also serve the facility for nomial events and operations into the fuhtre. An easement is necessary as the equipment would be located on city property outside of the street right-of-way. Advanfiages If Approved: Xcel may prceeed to install the elechical equipment this spring. DisadvanWges NApproved: City land will be encumbered with an additional easement, but there aze other utility easements in the same vicinity so that the City's/RiverCentre's use of the land would not be diminished. Disadvantages If Not Approved: Xcel would not have tLe property rights necessary to install and maintain the electrical equipmeat. $0.00 Punding Source: Activity Number: Financial IMormation: No compensation is being provided to the Ciry for this easement as the value of the improvements benefiting (Explain) �e RiverCentre equal or exceed the value of the land encumbered by the easement. CostlRevenue Budgeted: March 7, 2008 426 PM Page 1 �' � � ��" � �'��� �xti;b� �, � �� �� �� �� p$-��-- � // � � � �/ � � / �� / m .ti / :. / / � � :S'' ; ,' � \ �, \ / � // �� / � \ �� w \ � \ �� / /���� �, , � � � � � �� � � � \�� a \ • \ \\ / � �/ � �� /'� �� � � \ � \ o � \ / \ /� � />` � \ w `� ti � / � O � a \� \� � / %/ // � �� �' \� � �� � / � � ,� m � y � , ni �� � `�'� � � y ��,�d�,; ° . � / -'% � � \\,� a V �, .•�: , %' �:. . � -•,. �,� � \ o' n b �__ `_ / ,a:. !,� / oo_ .. .. � � � w' \, �` •� \ � 4( \ .,�. � / �3 . V �� '' i / / �r '. • � __ --' � � � / � , � �,, � �� � � W (� \ d \ � / ��X' mns ain/ � ,�,�. \ / i ,�/ \ Y � 3 Fi �� �� �� �� ��� ����a�= r �. � y / �mW 3 n [ � � :� i� af \ / �� / �°� \ x y i� \ / (�� /� � �p�:i V /� � � \ nN i O� / �°\\ / mm:�• . ; k � ♦ n�jSf �'�f i � �\/ �z3d �`�! � y I ,v� r � � a ! 9p;23 :�� � � / � a ; ':;��� � � / _°:�� i �.__ :.� � q 'om i t$ / � "�s-���F \ � "s ���� � r\ ` sJ✓6' � C �2'� oA3 \� ��� nnp t �1 � ` x <� X. iN�Sd � � `"� �. = 3' � ��� T� n� � � z i �� N � ,. m � ';:ae -- ; �>..� - I �tr- =«� � \\ .m / . i � i i , : �, , : ,.., , .� , ; ___ ; r. ; , , , m , ,- � ; ,�� o , '.:> i � r . � i J � I 9 � � . 1'.� 1 ���\ t.��• � I I � � ' i � � Fm ' � i � � h�o' � ' I �a � � � a i i. � I � 20 j ' 1 ' � u � itm i �: • , � t � �' if �.i: la; I r o; � � c� � ., ,�� , � , �- ^^. ; � ,�� , . , =� , , , . 5 a : ;' l ti o�` : ; �o � ; :" � � '_. , -/ _p, ` � , ; � ti � _ i a�� �� ��i` � —� � � ! % /� � N y " �� � I v �T b � � + � � � � ' zy`� � �I � v'.+ � �L� 6 � �,X �►i �i f' C ELECTRIC EASEMENT KNOW ALL BY THESE PRESENTS, That the City of St. Paul, a municipal corporation under the laws of the State of Minnesota, hereinafter called "the City", in consideration of the sum of $1.00 and other good and valuable consideration 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 acknowledged, do hereby, gant unto NSP its successors and assigns, a perpetual easement with the right, privilege and authority to excavate for, construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its facilities for the transmission and distribution of electricat energy, including the necessary poles, wires, guys, stubs, elec1ric cables, conduits, vaults, pedestals, manholes and facilities related and appurtenant thereto, over, across, under and upon the following described land situated in the County of Ramsey, State of Minnesota, (hereinafter called "Premises"), and as depicted on E�chibit A attached hereto, to-wit: Lots 3, 4 and 5, Block 24, and Lot 1, Block 33, RICE AND IRVINE'S ADDITION TO ST. PAUL, according to the recorded plat thereof, Ramsey County, Minnesota. And That part of vacated Eagle Street as dedicated in RICE AND IRVINE'S ADDITION TO ST. PAUL. Except for the right of access tree trimming and temporary working area, said easement shall be limited to that part of the Premises (hereinafter called "Easement Area'� described as follows: That part of the above described Premises lying northwesterly of a line described as follows: Beginning at the most westerly comer of Lot 1, Block 33, RICE AND IRVINE'S ADDITION TO ST. PAiJL according to the recorded plat thereof, Ramsey County, Minnesota; thence on an assumed bearing of South 47 degees 30 minutes 03 seconds East, along the southwesterly line of said Lot 1, a distance of 3.96 feet; thence North 53 degrees 43 minutes 40 seconds East a distance of 175.01 feet; thence North 80 degrees 02 minutes 50 seconds East a distance of 48.51 feet; thence northeasterly a distance 47.81 feet along a non-tangential curve concave to the southeast having a radius of 37.07 feet and a central angle of 73 degrees 53 minutes 52 seconds, and a chard length of 44.56 feet and a chord bearing of North 61 degees 31 minutes 16 seconds East; thence North 00 Page 1 of 3 � Rev(I): 10-4-04 �♦ . � i degrees 06 minutes 29 seconds East a distauce of 9.11 feet; thence South 89 degrees 53 minutes 31 seconds East a distance of 4.72 feet; thence North 58 degrees 47 minutes 44 seconds East to a point on the southeasterly right of way line of Kellogg Boulevard as now located and there terminate. The grant of easement herein contained shall also include the right of reasonable access to said easement across the Premises for the purpose of exercising the rights granted herein, together with the right to remove from Easement Area any siructure, trees, shrubbery, or other object or obstaucrion which in NSP's opinion interferes with said facilities or the removal of which may be reasonabty necessary for the construcrion or maintenance thereof. The grant of easement herein contained shall also include the right of reasonable use of the Premises adjacent to the Easement Area by NSP for tree trimming purposes and for temporary construcrion azea during construction, repair or replacement of said electric faciliries. Except as otherwise provided herein or in any Underground Disiribution Agreement between the City and NSP covering the above described Premises, NSP shali, after installation of the above described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject to this easement to as near their original condition as is reasonably possible and remove thexefrom all debris, spoils, and equipment resuking from or used in connection with said installation. NSP in locating its facilities within the said Easement Area, shall in no way unreasonably interfere with the safety and convenience of ordinary travel along and over public properry, nor interfere with other uses to which such places may be put by the City. City further agrees that no structure or obstruction will be erected ar permitted or any trees planted on or within said Easement Area, that the City will not change the ground elevation thereof without the written consent of NSP, or perform any act which will interfere with or endanger said electrical facilities. The grant herein contained shall also include the right of NSP to permit the joint use of overhead facilities and joint undergrounding with public utility and cable television companies. City covenants with NSP, its successors and assigns, that City is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. This instrument and the covenants and agreements contained herein are binding upon the City, iYs personal representatives, heirs, successors and assigns. The City agrees to execute and deliver to NSP, at NSP's cost, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the easement area actually occupied by the electric lines. It is mutually understood and agreed that this instrument covers all the agreements and stipularions beriveen the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tas. Page 2 of 3 Rev(1): 10-4-04 . �, � . IN WITNESS Wi�REOF, the undersigned have caused this instrument to be duly executed as ofthe day of 2008. CITI' OF SAINT PAUL, NIINNESOTA By: Mayor or Deputy Mayor By: Director of Financial Services By: _ City Clerk Approved as to form: Assistant City Attorney STATE OF NIDVNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2008, by Mayar or Deputy Mayor and, Director, O�ce of Financial Services and City Clerk of the City of Saint Paul, a Minnesota municipal corporation under the laws of the State of Minnesota. Notary Public This instrument was drafted by: BJA Northern States Power Company 414 Nicollet Mall, Minneapolis, MN SSa01 Torrens 2008.029 Page 3 of 3 Rev(1): 10-4-04 Ex�,;bi�' Q SAINT PAUL RIVERCENTRE CONVENTION & VISITORS AUTHORITY 6g'�� AUTHORITY RESOLUTION IZCVA NO. 08-001 RESOLUTION REC0114NIENBING APPROVAL QF AN EASEMENT FOR XCEL ENERGY TO PROVIDE ADDTT30NAL BACKUP POR'E12 FOR THE RIVERCENTRE COMPLEX WHEREAS, the Republican NaYional Convention (RNC) is requiring additional back-up power connections for the RiverCentre Complex for the 2008 RNC convention; and WFIEREAS, it has been determined that the best locatiou for this infrastructvre is on RiverCentre properiy located between the RiverCentre Ramp helix (to the south) and Exchange St. (to the north) extending to Eagle St. (to the west). (See exhibit A); and WI3EREAS, this improvement is permanent and will benefit the RiverCentre Compiex beyond the RNC by providing additional back-up power connections into the future; and WHEREAS, Xcel Energy is paying for this improvement without any cost to the RiverCentre Complex, NOR', THEREFORE, BE IT RESOLVED, that the Authority hereby recommends the City of Saint Paul to approve the pertnanent easemeni to Xcel Energy as described above. AUTHORTI'Y � YEAS � NAYS I ABSENT I AB3TAIN •-� FORM APPROVED BY CTI'Y ATTORNEY � � APPROVED BY RCVA DATE: Januarv 24. 2008 Chair, RCVA Tumer Wheelock