08-502Council Ffle # �g' 'rjQ�-
Green Sheet # 3052880
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Presented by
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WHEREAS, Ec ab, Inc. (" olab") has made improvements to their property at 370 North Wabasha
Street in Saint Paul to addre orm water drainage issues, said improvements including the installation of
drainage structures and construction of paving sloped for drainage; and
5 WHEREAS, the City of Saint Paul {"City") owns park land at the northeast corner of Wabasha Street
6 and East Fifth Street ("Ecolab Plaza"), which adjoins the Ecolab property and contains an existing storm sewer
7 system to which Ecolab proposes to connect an underground storm water drain pipe; and
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9 WHEREAS, Ecolab and the Division of Parks and Recreation have executed a Memorandum of
10 Understanding to allow Ecolab to proceed with the improvements on Ecolab's property and related construction
11 activity on and beneath Ecolab Plaza; and
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13 WHEREAS, the City has determined that placement of said drain pipe beneath Ecolab Plaza would not
14 constitute a disposal or diversion of park land under the provisions of Chapter 13.1.01 of the Saint Paul City
15 Charter; and
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17 WHEREAS, the City has agreed to grant Ecolab a permanent Storm Sewer Easement for the
18 consriuction of said drain pipe on the Ecolab Plaza property, attached hereto as Exhibit A; and
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WHEREAS, the Acting Valuation & Assessments Engineer has determined that the cost of Ecolab's
improvements that benefit Ecolab Plaza equals or exceeds the fair market value of the proposed Storm Sewer
Easement requested by Ecolab; 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 Storm Sewer Easement to Ecolab, Inc., in a form and content
substantially as set forth in Exhibit A attached hereto; and to record said easement with Ramsey County.
Adopted by Council: Date /j�/� i,/ '
Adoption Certified by Council Secret
BY // //i,1i�� iilSO�
Approved y��yo : Date �/L/ 0 �
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3� G.�RealEstate\Vaca�vs@008�200&X-03--EwlabEasemevtLLiesoha�ov.dce
Requested by Division o£
Parks and Recreafion
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Approved b�' A aiiey
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Approved b May f ub '' n to uncil
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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PW - �blic works
Contad Person & Phone:
Bruce Engelbrekt
266-8854
Doc. Type: RESOLUTION
E-Document Required: Y
DoCUmeM ConWct: Bruce Engelbrekt
Conpd phone: 266-SS54
23APR-OS
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Assign
Number
For
Routing
Order
ToW I# of SignaWre Pages _(Clip All Locations for Signatur¢)
Green Sheet NO: 3052880
1 arks and Rcereation De ent Dirtttor
2 A�me Chad Staul
3 or's O(fice Ma odAssistant
4 ouac�l
5 ' Clerk Ci Clerk
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Approve resolution authorizing the City to grant a stormwater easement to Ecolab, Inc. for a storzn water conveyance structure on the
City's Ecolab Plaza property
iaations: Approve (A) or F
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personKirm ever worked under a contrect for this departrnent?
Yes No
2. Has ihis person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
wrrent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
initiating Problem, Issues, Opportunity (VYho, What, When, Where, Why):
Ecolab, Ina has made improvements to their propeRy at 370 N. Wabasha St to conect stotm water drainage problems. T}tis properiy
adjoins the city-owned Ecolab Plaza, which is under Pazks & Rec's jurisdicrion. Ecolab has executed a memorandum of
understanding to undertake the improvements, including placement of a drain pipe beneath Ecolab Plaza. Ecolab desires an easement
for the pipe. There is a public use for the pipe, since it assists in draining water away from Ecolab Plaza; therefore, ffiere is no
diversion of park land for private use. There is no compensation for the easement, as the value of the improvements benefiting the
Plaza exeeds the value of the easement.
Adva�tages If Approved:
The easement can be granted for the sewer pipe.
Disadvantages N Approved:
Ecolab Plaza would be encumbered with an easement.
APR 3 C 2p08
Disadvanfages N Not Approved: �
Ecolab would not have the rights to access and maintain their sewer pipe on ciTy property.
Transaction: $0.00
Funding Source:
Fimanciat information:
(Explain)
Activity Number:
J§�
CosURevenue Budgeted:
April 24, 2008 1:03 PM Paae 1
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Exhibit A
DEDICATION OF EASEMENT
FOR STORM SEWER PURPOSES
The City of Saint Paul ("Grantor"), a municipal corporafion under the laws of the State
of Minnesota, for good and valuable consideration, to them in hand paid and the receipt of which
is hereby acknowledged, does hereby grant, bargain, sell and convey to Ecolab, Inc.
("Grantee"), a corporation under the laws of the State of Minnesota, its successors and assigns, a
Perpetual Easement for Storm Sewer Purposes over, under and across the following tract of
land being in the County of Ramse�, State of Minnesota, described as follows:
A 15.00 foot wide easement over, under and across part of Lot 10, Block 9, CTI'Y OF ST.
PALTL, according to the recorded plat thereof, Ramsey County, Minnesota. The centerline of
said 15.00 foot wide easement is described as commencing at the southeast corner of said
Block 9; thence southwesterly along the southerly line of said Block 9 a distance of 262.04,
feet; thence northwesterly deflecting to the right 90 degrees 24 minutes 00 seconds, a
distance of 64.22 feet along a line hereinafter referred to as Line A to the point of beginning
of said centerline to be described; thence southwesterly deflecting to the left 119 degrees 45
minutes 55 seconds, a distance of 24.84 feet to the southwesterly line of said I.ot 10, and said
centerline there terminating. The sidelines of said easement are to be prolonged or shortened
to terminate at said Line A and said southwesterly line of I.ot 10.
To have and to hold the same forever. Grantor does covenant that it is well seized in fee
of the land and premises aforesaid, and has good right to sell and convey the same free of all
encumbrances.
Gzantor also covenants that the above granted easement is in the quiet and peaceable
possession of the Grantee. Grantor will warrant and defend against all persons lawfully claiming
the whole.or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is
intended and agreed that this agreement shall be a covenant running with the land and shall be
binding to the fullest extent of the law and eyuity for the benefit of the public. It is further
intended and agreed that this agreement and covenant shall remain in effect without limitation as
to time.
�-sa�-
IN TESTIMONY WI�REOF, Grantor has caused this deed to be executed in its corporate name by
its duly authorized o�cers, and attested to this day of , 2008.
CITY OF SAINT PAUL, MINNESOTA
BY=
Its Mayor or Deputy Mayor
BY=
Its Director of Financial Services
B
Its City Clerk
Approved as to form:
Assistant City Attorney
STATE OF MINNESOTA )
) ss.
COUNTX OF Ramsey )
The foregoing instrument was acknowledged before me this day of ,
2Q08, by , Mayor or Deputy Mayor, , Director,
Office 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:
Department of Public Works
Technical Services Division - Real Estate
Room 100Q City Hall Annex
25 W. 4`" St.
St Paul, NIN 55102
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S``G0OG
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PROPOSED STORM SEWER EASEMENT:
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A 15.00 foot wide easement over, under and across part of Lot 10, Block 9, CITY OF ST. PAUL, according to the
recorded plat thereof, Ramsey County, Minnesota. The centerline of said 15.00 foot wide easement is described as
commencing at the southeast comer of said Block 9; thence southwestery along the southerly fine of sald Block 9 a
distance of 262.04 feet; thsnce northwesterly deflecting to the right 90 degrees 24 minutes 00 seconds, a distance
of 64.22 feet along a line hereinafter referred to as Line A to the point of beginning of said centerline to be
described; thence southwesterly defilecting to the left 119 degrees 45 minutes 55 seconds, a distance of 24.84 feet
to the southwesterly line of said Lot 10, and said centerline there terminating. the sidelines of said easement are to
be prolonged or shortened to terminate at said Line A and said southwesterly line of Lot 10.
I hereby certify that this sketch, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the State of Minnesota.
2007-231-E 568/43 T.28, R.72. 5.06 2007231EOOI.dwg EEB
Dated this 25th day of March, 2008
SUNDE LAND SU VE G, L�
By.
Leonard F. Carlson, P.L.S. inn. Lic. No. 44890
S�IIVDE "��° �""°:
9001 Eaet Bloomington FraewoY (35W)• Su@e 118
Blaomington, Mirnesoto 55420-3435
T . ��G 952-881-2455 (Fmc 952-688-9526)
��� North Office:
www.sunds.00ln Broaldyn Pmk, MNn. 763-78q-93q6