08-884Council File # Q — g
Green Sheet # 3DSS1S1
Presented by
1 WHEREAS, the City of Maplewood ("Maplewood") is undertaking the reconstruction of the
2 intersection of Highway 61, Parkway Drive and Frost Avenue, which includes the construction of a pedestrian
3 trail connection between said intersection and the state-owned Gateway Trail; and
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5 WHEREAS, the City of Saint Paul ("City") owns park land at the northeast corner of Highway 61 and
6 Frost Avenue (the "Property"), as shown on the attached E�ibit A; and
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8 WHEREAS, Maplewood is requesting easements from the City to permit the construction and ongoing
9 maintenance of a pedestrian trail and related storm sewer drainage structure ("the Improvements") on the
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Property; and
WHEREAS, the City has determined that construction of the Improvements on the Properry would not
constitute a disposal ar diversion of park land under the provisions of Chapter 13.1 Al of the Saint Paul City
Charter; and
WHEREAS, the City has agreed to grant Maplewood a Temporary Construction Easement and
Permanent Trail, Drainage and Utility Easement for the construction of maintenance of said Improvements,
attached hereto as Exhibits B and C, respectively; and
WIIEREAS, the Acting Valuation & Assessments Engineer has cCetermined that the cost of the
Improvements that benefit the Properry equals or exceeds the fair market value of the proposed easements
requested by Maplewood; 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 Temporary Construction Easement and Permanent Trail, Drainage and Utility
Easement to the City of Maplewood, in a form and content substantially as set forth in E�ibits�3 'and C
attached hereto; and to record said permanent easement with Ramsey County.
Requested by Department of:
Public Works
By: l
Adoption Certified by Council Secretary
gy; —__�Cll Lq �,
Approv ay : D te � 7��
�� G:4YeaI Estate\Vacations�2008�2008-X-OS -- Hwy 61 Frost Trail Esm[�Rewlution.doc
Approved by City ne� _
By:
Approved by y f ubmission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PW . �bHcwoiks
12-AUG-0B
Green Sheet NO: 305815'I
Contact Person & Phone:
Bruce Ergelbrekt
2666854
Must Be on Councii Agen
Doc. Type: RESOLIITION
E-DOCUment Requlred: Y
Document Contact: Bruce Engelbrekt
Contact Phone: 266-8854
�
Assign
Number
Eor
Routing
OMer
Total # of Signature Pages _(Clip All Locations fw Signature}
0 ubGc Works Bmce En el6rekt
1 ublic Works De ar�ent Director
2 " Attame C6ad Stsul
3 �or's O�ce _ Mavor/ASSistant
4 oancl
5 ' Clerk Ci Ckrk
Approve resolution authorizing the CiTy of Saint Paul to grank to the City of Maplewood a temporazy construcrion easement and
pem�anent hail and drainage easement for the constcuction of a pedestrian trail and storniwater structure on St. Pau]'s properiy at the
NE corner of Hwy 61 and Frost Avenue
Planning Commission
CIB Commiriee
Cvil Service Commission
'I. Has this persoNfirtn ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this personlfirm possess a skilf not normally possessed by any
curtent city empbyee?
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 of Maplewood is making improvements to an intersection and surrounding property at Highway 61 and Frost Avenue in
Maplewood. Included in the improvements is the construction of a pedestrian traii connection from the intersection to the state-
owned Gateway Trail. The City of Saint Pau] owns a portion of the properry on which the trail would be located. Maplewood desires
easements for tha[ trail and a related stormwater drain and pipe. There is no compensation for the easements, as the value of the
improvements benefiting the City of Saint Paul property eacceeds the valne of the easeempts.
Advanqges If Approved:
The easements can be gran[ed for the improvements.
Disadvartages {f Approved:
The City of Saint Paul's property would be encumbered with an easement.
DisadvanWges If Not Approved: �
The City of Maplewood would not have the rights to access and maintain the trail and stonn drain on Ciry of Saint Paul property.
Transaction: $0.00
Funding Source:
Financiai Information:
(Explain)
Activity Number:
CosURevenue Budgeted:
August 12, 2008 1:26 PM Page 1
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�� PERMANENT EASEMENT
TEMPORARY EASEMENT
��,, PROPOSED PF.RMANEDTT SASEI�ffi�PT
CTfY OF ST. PAUL PARCII,
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TEMPORARY CONSTRUCTION EASEMENT
THIS IlVDENTURE, made this day of , 2008, by and between
The City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, its successors and
assigns ("Grantor"), and the City of Maplewood, a municipal corporation under the laws of the State of
Minnesota, its successors and assigns, ("Grantee"), for good and valuable consideration, to it in hand paid and
the receipt of which is hereby acknowledged, does hereby grant unto Grantee a Temporary Construction
Easement over, under and across the real property depicted on the map attached hereto as E�ibit A.
It is further understood and agreed that Grantor does hereby convey to Grantee the above described
easement for certain purposes including but not limited to entry, operation, sloping, grading and the clearing
and storage of materials in conjunction with and during the construction of th8 Highway 61 and Frost Avenue
Intersection and Trail Connection Project as it affects Grantor's property located at the northeast corner of
Minnesota Highway 61 and Frost Avenue in Maplewood, Minnesota.
This easement shall begin on the 15th day of August, 2008 and expire on the 15th day of August, 2009.
By
State of Minnesota � Its:
County of ss
an�i
IYS:
The foregoing instruxnent was acknowledged before me this day of , 2008,
:�
NOTARIAL STAMP OR SEAL (OR OTHER TLiZE OR RANK)
THIS INSIRUMENT WAS DRAFTED BY (NAME & ADDRESS)
The City of Saint Paul
Depazhnent of Public Works
Technical Services Division - Real Estate
Room 1000, City Hall Annex
25 West Fourth Street
Saint Paul, Mmnesota 55102
Grantor.
SIGNATUAE OF PERSON TAKINa ACKNOWLEDGMENT
7 •� I
�� ••
Eghibit C
DEDICATTON OF EASEMENT
FOR'I`RAIL, DRAINAGE AND UTILITY PURPOSES
The City of Saint Paul ("C`n•autor"), a municipal corporation under the laws of the 5tate
of lVtimiesota, 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 The City of Maplewood
("Grantee"), a municipal corporation under the laws of the State of Minnesota, ats successors and
assigns, a Permanent Easement for Pedestrian Trail and Drainage and Utility Purposes
over, under and across the following described parcel:
Government Lot 3 of Section 16, Township 29 North, Range 22 West, Ramsey County,
Minnesota.
Said permanent easement for pedestrian trail and drainage and utility purposes being that part
of the above described parcel which lies within the following described area:
That part of Government Lot 3 of Section 16, Township 29 North, Range 22 West,
Ramsey County, Minnesota lying easterly of the easterly right-of-way of Trunk Highway
No. 61, and lying northwesterly of the northwesterly right-of-way of Pazkway Drive
(a/k/a Frost Avenue), Except the north 30.00 feet of said Government Lot 3 lying east of
the west 135.00 feet of said Government Lot 3.
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.
Grantor 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 equity for the benefit of the publia lt is further
intended and agreed that this agreement and covenant shall remain in effect without limitation as
to tune.
.
•� �:
IN TESTIMONY WI�REOF, Grantor has caused this deed to be executed in its corporate name by
its duly authorized officers, and attested to this day of , 2008.
CITY OF SAINT PAUL, MINNESOTA
By:
Its Mayor or Deputy Mayor
By:
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 ,
2008, 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 Instnunent was drafted by:
Department of Public Works
Technical Services Division - Real Estate
Room 1000, City Hall Annex
25 W. 4�' St.
St. Paul, MN 55102