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08-934Return copy to: jmb Real Estate Division Council File Green Sheet # RESOLUTION L, MINNESOTA Presented by 0 WI�EREAS, Meridian Highland LLC, a Minnesota limited liability company (far Trader Joe's), proposes to dedicate to the City of Saint Paul an Easement for Sidewalk Purposes, along Randolph Avenue as described and depicted in Attachment "A," 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E� now, therefore be it RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby accept said easement and a11 terms and conditions contained therein; and authorize and direct the proper city officials to file said easement with the Ramsey County Recorders Office. Bostrom Carter Hams Stazk Thune Adopted by Council: Date ✓ ✓ Absent Requested by Department of: Adoption C�ert��i by Council Secretary BY� �l / / // , // � ' l Approv y M r: Date � Q By: Public Works B Y� � 1` B rm Approve�q � � _ _ _ �9 Y f ' ,� Form .A rove by ayor fo bmi i�n to ouncil B � � Green Sheet Green Sheet PW Atblicworks Contact Person & Phone: Jean Borgen 26G8866 Must Be on Council Aaen Doc. Type: RESOLUTION E•Document Requfred: Y Document Contad: Conpct Phone: ToWI # of Signature Q t Green Sheet Green Sheet Green Sheet Green Sheet 12-AUG-0B �► Assign Num6er For Routing Order AII Locations for Signature) Green Sheet NO: 3058155 0 blic Works 1 ob6cWorks De arhnentD'vector 2 " Attorne Chad Staul 3 a or's Otfiu Mn urlAssistaut 4 ouncil 5 � C7erk Cti Cierk CONSENT AGENDA. Accept the Dedication of Easement for Sidewalk Purposes, as requested by Public Works for the City, for sidewalk along Randolph Avenue on Tradet Jce's site. Planning Commission CIB Comminee Civil Service Commission 1. Has this persoNfirm ever wotked under a contract for ihis department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firtn possess a skili not normally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Site development creates automobile and pedestrian traffic pattems that necessitate addirional space for boulevazd and sidewaik. Advanqges IfApproved: City acquires sidewallc azea as requested. Disadvantages If Approved: None foreseen. DisadvanWges If Not Approved: City would not gain additional azea it has requested. Transaction: $0.00 Puntling Source: F inancial Information: �Explain) Activity Number. e -"— _ " �s r � � � � ��' � CosURevenue BudgeMd: AuqUSt 12, 2008 2:14 PM Pana 1 ��� � � Attachment `A' DEDICATION OF EASEMENT FOR SIDEWALK PURPOSE5 Meridian Highland LLC, a Minnesota limited liability company, 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 Saint Paul, a municipal corporation of the State of Minnesota, its successors and assigns, as Gxantee, a permanent easement for the purpose of constructing, using, replacing, and maintaining a public sidewalk over, under and across the following tract of land being in the County of Ramsey, State of Minnesota, described as follows: See attached map and legal description, Exhibit A("Easement Area"), 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. The rights granted herein shali not be construed to interfere with or restrict the Grantor and its assigns from the use of the Easement Area with respect to the (i) use of doors, windows, canopies, signs and other improvements to the building adjacent to the Easement Area, or (ii) conshuction, repair, and maintenance of improvements adjacent to the Basement Area so long as the same aze so used and constructed as not to impair the strength or materially interfere with the use and maintenance of the sidewalk and provided that Grantor obtain ali necessary encroachment permits that are required for such use of the Easement Area. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. Grantor will warrant and defend against al] persons lawfully claiming the whole or any part thereof, subject to encumbrances of record, if any. It is intended and agreed that this agreement sha11 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 time. EXHIBIT A E� J SIDEWALK EASEMENT o� ���f An area for sidewalk purposes over, under and across that part of Lots 5 through 9, of Block 1, H�WARD GREENE SECOND ADDITION, Ramsey County, Minnesota lying northwesterly and northerly of the foilowing described line: Commencing at the northwest comer of said Lot 9; thence South 00 degrees 04 minutes 37 seconds West 8.14 feet, on an assumed bearing along the west line of said Lot 9 to the point of beginning for said line; thence North 45 degrees 11 minutes 00 seconds East 5.85 feet to its intersectian with a line 4.00 feet south, as measured at right angles to, and parallel with the north line of said Block 1; thence South 89 degrees 48 minutes 13 seconds East 193.89 feet along said parallel line to its intersection with the east line of Lot 5 said Block 1, and there said line terminates. 233 Park Avenue South, Suite 30Q Minneapolis Minnesota 55415-1105 Phone 612.7583080, Fax 612.7583099 � � � � 1 I i. ; __ , —� _� ti_:-�f-,-,-si:r ��.r��_.�. �� . _ -c._ _ _ '_ '_ _ ' _�__ "_— A � F {{''' ` — = � ��: �e �� C 1.{ � ; ' �-..1 � � � � �5� �..1 [_ i �_ —, �` . � _— � ry�-- NW COR. LOT 9 $$9�4$�13�E � --- � �--198.03 _^ . --- — --�-r --� Y -• - I I ' � I i93.89� I . . � { ���T', o =— _:�,' � �'�� � ��F=- -- / v ( \ t \/\� � ! ,- E ' : -_ .� �: -- �_' � — - ' - � l,� ,;.. � � �,, ����.�: ��; <<� , rt �-.�__ —�—�+ r � �����.,_,__ �.� �_- - s � �v;' �%� ._� � /j � �� �I � � f� ; '.�,- i;�"c —^ � _-_-�! _ � � � F'I I -' 'I � — --;� C f . �� �, � �*- ; i f_ I �— , - ; ; ' - , ;�'; � I_�—_ - � � c -- ? �� — -- ` 1J`�' � � •�', __, j - - - � , --- _ � I r f`, I�'� � ( — — � �,;, I--�, f -- � , i —�_ � i � � � �'�'�� � �_J,�i � � �' --�—� � -- — � r--, � _� \ � V 1 �� __ { ' L�'<!LLLLLI� PRQPOSED SIDEWALK EASEMENT 0]00�6 rvome O�pOJ6–SW�c ESM.DWG 6/12f08 0e° SIDEWALK EASEMENT By. �� EXHIBtT a RANDOLPH AND LEXING70N, ST. PAUL, MN Y=50' �.d.� � � �! I e ...... _-t-. � 1 /�` I � p �n ! J � Z � J � j �e u �; I __ . — I i �''. li { � i� � I, ,,. > , �, 1 ; o=m, � i� � ' ff x I i �I i i ,� F - � � � � �-- — � � - , ,- � t � � i� i ���� ^� 0 15 30 60 SCALE W FEET � � ALLIANT -- _� ENGINEF.BING,INC. 233PARRAVE SOUTH, SUtTE3�0 MLSNEAPOLIS. MIS bbs16 o �-��� IN TESTIMONY WHEREOF, Grantor Meridian Highland LLC, a limited the laws of the Sta�e -- . ---e /� --- .— -- du�a�iarriei�of&cer�an� es to t� _ day of �5c.t 2008. under MERIDIAN HIGHLAND LLC, a Minnesota limited liability company By � �,1.7.� Thomas M. Burke A Its Chief Manager STATE OF MINNESOTA COUNTY OF HENNEPIN � ss The foregoing was acknowledged before me this ���j day of � �S �� �, 2008 bY Thomas M. Burke the Chief Manager Meridian Highland LLC, a Minnesota limited liability company, on behalf of said limited of liability company 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, MN 55102 Notary Public . � a �""� ROfiER F. BEHRENS� ���"a-' NOTARY W&IC MINNESOtA i� i' AryCommqvw6yresJa� 3� 20iC • .