09-39Presented by
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Return copy to: jmb
Real Estate Division
1000 CHA
RESOLU710N
Council File � 3 �
Green Sheet # 3065430
MINNESOTA
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WHEREAS, University Carleton Development Phase II, LLC, a Minnesota limited liability
company, proposes to offer the City of Saint Paul an Easement Agreement, at the corner of
University Avenue and Hampden Avenue for the purpose of right-of-way as requested by Public
Work's Traffic and described in,
Exhibit "A,"
now, therefore be it
c��r
RESOLVED, that the proper City officials are hereby authorized and directed to accept the
easement offered by University Carleton Development Phase II, LLC.
Bostrom
Carter
Hazris
Helgen
Yeas
Requested by Deparhnent of:
Stazk
Thune
Adopted by Council: Date
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✓ Form Appro,ve��� +/t1tt� mey
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By: ( L
Adoption Certified by Coun '1 Seaetary
By �L'G.��i;v�
Approved by Mayo • Date i/ Z, �7� D�/
BY� /"� hllC,va. in.�-
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Form A ved � or for S i�}bn t uncil
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Green Sfieet Green Sheet Green Sheet Green Sheet
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���'U��,���,�_ �a������� Green Sheet NO: 3065430
PW _ Public Works 23DEC-08
Conqet Person & Phone: Depar6ne�t Sent To Person InitiaUDate
Jean Borqen o nuc works . Q d
266-5$66 1 hGC Works Brntt Beese ��� �
��� 2 Attorce � Chad Sffial � �
Must Be on Council Agenda by (Date): Number 3 or's Office 0
Routing 4 ublic dean B
Doc. Type: OTHER (DOESNT FI7 ANY Order �
CATEGORI')
E-Document Required: N
Document ConWct:
Contact Phone: �
Total # of SignaWre Pages (Clip All Locations for Signature)
Adion Requested:
CONSENT AGENDA. Accept the easement ganted by the developer of a site �University and Hampden for right of way
putposes. Public Works Traffic Dept asked for a small amount of ROW on that comer for fuhtre traffic needs.
Recommendations: Approve (A) or Rejec[ (R): persona[ Service ContreMs Must Mswer the FoOowing Questiais:
Planning Commission �, Has this personlfirtn ever worked under a contraG for this deparimenY?
CIBCommittee Yes No
Civil Service Commission 2. Has this perso�rm ever been a city employee?
Yes No
3. poes this personlfirtn passess a skili not rrormally possessed by any
afrent 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): �
Developer presented plans to the City for development and Txaffic suggested that it might have future need for a small amount of
additional ROW at that corner.
Advantages If Approved: � .�
Ciry gains ROW that it requests. � �� �,�°���
B �� `+ �? ��
DisadvaaYages N Approved: �� QH
None foreseen. Fd
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Disadvantages If NotApproved: � .
Ciry may haue to purchase ROW in the future instead ofhaving developer grant it now at no cost to the Ciry.
ToWI Amount of
Transaction: CosHRevenue BudgeMd:
Funding Source: Activity Number.
Financial Information:
(ExpWin)
December 23, 2008 4:11 PM Page 1
Exhibit 'A'
EASEMENT AGREEMENT D�I'?j�
THIS AGREEMENT is made effective into this � day of December, 2008, by and
among University Carleton Development Phase II, LLC, a Minnesota limited liability company,
referred to hereinafter as the "Grantor", and the City of Saint Paul, a municipal corporation of the
State of Minnesota, referred to hereinafter as the "Grantee".
WHEREAS, Grantor is the fee owner of the following described real properry in Ramsey
County, Minnesota:
Lot 4, Block 1, University Carleton Development
(the "Property"); and
WHEREAS, the Property is located in the City of Saint Paul and adjoins a city street
called University Avenue West (the "Street"), owned and maintained by Grantee; and
WHEREAS, Grantee has determined that it is desirable for the optimal operation of the
Street to use a pdrtion of the Property for right-of-way purposes; and
WHEREA5, Grantor is willing to grant an easement to Crrantee for the purpose of
constructing, operating and maintaining such right-of-way over and across the Property;
NOW, THEREFORE in consideration of the mutual covenants and agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and
between the parties hereto as follows:
1. Grant of Easement. Grantor hereby grants and quit-claims unto the Grantee, its
successors and assigns, an easement for the purpose of instaliing, operating and maintaining a
right-of-way as described hereinabove, extending from that part of said L"ot 4, that lies southerly
of a line between points 10.0 feet northwesterly, and 10.0 feet northeasterly, as measured along
the southwesterly and southeasterly lines of said Lot 4 respectively, from the most southerly
point of said Lot 4, the location and specifications of which are depicted in the plan prepared by
the C�rantee's engineer, and attached hereto as Exhibit A. The easement granted herein shall
include the right of ingress and egress over and across that portion of the Property necessary to
allow the Crrantee adequate access for the construction, operation and maintenance of the right-
of-way.
2. Construction and Maintenance of Right-of-Way. Grantee, its successors and
assigns, shall be responsible for the construction, operation and maintenance of the said right-of-
way to be constructed over and across the Property, and shall be responsible for all costs incurred
in connection therewith, except for Grantor's obligation to maintain sidewalks adjoining its
Property.
�� � �
3. Duration of Easement Restoration of Properiv. The easement conveyed herein
shall terminate only upon the earlier of the following occurrences:
(i) Grantee shali determine that such easement is no longer necessary for the
operation of the Street and so declare, in �3miting; or
(ii) Grantor and Grantee, or their successors and assigns in interest, shall enter
into a written agreement for the termination of the easement.
Upon termination of the easement as provided herein, the Grantee will restore the Property to the
condition which existed prior to the installation of such right-of-way, uniess the parties agree
such restoration is unnecessary.
4. Liabili . Grantee hereby indemnifies and agrees to ha(d Grantor harmless from
and against any and all losses, liabilities, suits, obligations, fines, damages, judgments, injuries,
administrative orders, costs and expenses, including without limitation reasonable attorneys'
fees, and claims, including claims arising out of loss of life, injury to persons, properiy, or
business which may arise out of or relate to Grantee's construction and/or use of the Property for
the purposes stated herein. Grantor shall remain liable �or its own negligence.
5. Compliance with All Laws. Grantee agrees that it shall comply with all federal,
state, and local laws, regulations, and ordinances that may be applicable to the installation,
operation, and maintenance of the right-of-way.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
Grantee: CITY OF SAINT PAUL
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Its
Grantor:
By
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STATE OF MINNESOTA
COUNTY OF RAMSEY
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The foregoing instrument was acknowledged before me this day of ,
2008, by , the of the City of Saint Paul, a municipal
corporation of the State of Minnesota, on behalf of the City.
Notary Public
STATE OF MINNESOTA
CQUrITY OF RAMSEY
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The foregoing i strument was acknowledged before me this � day of �4Ut ,
2008, by � �4 dl V1 � o h�nso n , �e Manager of University Cazleton Development Phase II,
LLC, a Minnesota 1 tmii�' e,d �'ia il b lity company, on behalf of the company.
� � JEANIE D. KUSIE •
NOTARY pUBLIGMINNESpiA �
My Commissian &pires kn. 3f, 28f0
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No y Public
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EXHIBIT A
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