95-100aceturc: copy tos
J Real Estate Division
140 City Hall
ORIGII�AL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
��
Committee: Date
1
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WHEREAS, The 1930 EDP Corporation has entered into an agreement with the City of Saint
Paul for a permanent utility easement for the instaliation , maintenance, repair and removal of
underground storm sewer facilities on, over, under and across said easement azea as described
in the Utility Easement incorporated herein and made a part hereof by reference; and
WHEREAS, the Aepartment of Public Works, Sewer Division has reviewed and approved said
easement in its letter of August 7, 1994, attached hereto.
THEREFORE BE IT RESOLVED, that the Council of the City of Saint Paul, hereby authorizes
the proper City Officials to execute said agreement as described herein.
Requested by Department of:
Adopted by Council: Date ���
AdoptiQn Certi£ied by Council Secretary
By: —�-�
Approved by
By:
(1930ed�
Financ Mana sment Services
sv • � W/��'(�/
�' irector
Form Approved by City Attorney
By: ./�f7���^�' LdGy(G' ✓y�C''�-
��Approved by Mayor for Submission to Council
;��� `� �� .�5���
By: �
Council File #� 5 l D�
Green Sheet # aD�' �
F.M.S./REAL ESTATE DIVISION Date: January 13, Green Sheet Nomber: 32071
1995
EPAR71�ffi�TT DIRECPDR _ 4 Q1Y COUNCII.
mCt Peson md Phonc N�ber ,�„
K ,�, e , 1 Q1Y A71�ORNEY C1�RK
Dick McCann 266-8866 266-8850 °m' UD(iEI' DIRLCIY)R 2 . 8c MGf. SVG DIIL
YOR (OR ASSISI'ANl)
,������ q 5- +00
# OF SIGNATURL> PAGES 1 (CLIP ALI. IACAIIONS FOR SIGNAIVRL�
C1ION RAQUP.SCFA:
pprove resolution anthorizing proper City Officials to execute an agreement for a utility easement
etween the City and 1930 EDP Corporation over part of Block 1, Energy Park West.
RECOMbffi�IDATiONS: APPROVE (A) OR REJECl' (R) axsorr�u, sexvice caxrxnc� advsr nivsw$x z� rouow�rc:
PIANNING COMhIISSION A SfAPP 7. Has the pasou/Cssm evei worked mder a contract for this departmen[? YES NO
CIVII. SERVICE COMMISSION Has this petson/Cum ever been a Gty employee? YES NO
. Dces this pnson/£am posusc a still nM no+'maI11' P� bY a°Y
��� _ Cut�nt Qty employee? YFiS NO
Iain all YI?S answers on a separete shee[ aod atlach.
POR15 WIIICH COUNCQ.OBJF�CIIVE?
courrcn. wAxv(s� t} DISl'RICf PIANNIIJG COUNCII, 12
TING PROBI.EM, ISSUP OPPORTUNPIY (Who, What, When, Wheze, Why�?): R��d���
uthorized per Public Works letter of November 3, 1994, copy attached �� 1 �
/
VANl'AGES IFAPPROVED: '�'��� �(�����
Satisfies City's easement requirements.
DISADVANl'AC�ES IF APPROVED:
one
ISADVANl'AGES IF NOT APPROVED:
one
AL AMOUNT OF TRANSACTION' $O.O� COSrjR��'ENUL' Bi7DCsE1'ED (QRCLE ONL� YFS NO
WG SOURCE: ACI7VTI'Y NUMBER
CtAI. INFORMATtON: (��IAII�
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Interdepartmental Memorandum
CITY OF SAINT PAUL
DEP.'1RTMENT OF PUBLIC WORKS
���E��ED
�'"� � 0 7 1994
C� ��� �TTO��EY
TO: Peter Wamer
City Attorney's Office
450 City Hall
FROM: Roger Puchreite��-
Sewer Division -' \ I
1000 City Hail Annex
DATE: November 3, 1994
SUBJECT: Opus Utility Easement, Energy Park
,
1 have reviewed the Opus Utility Easement that James L. 7ucker of Gray, Plant,
Mooty, Mooty and Bennett, P.A. sent to you with letter dated, October 19, 1994. This
easement satisfies my previous concems and is now acceptable to this Division.
If you should have any questions or comments, please contact me at 266-6248.
RP:bk
c: Dick McCann, Real Estate Division
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Frwn N<ollice W Nci L$ 24 z3
�EZ�z�zRi�E GEORGI- SCH1177IDT & ASSOC. INC.
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L.wo SuavEVlnc
II� �1T11ti£� �
t Haeb1 Cmllf IMI tM1n pl4 fM1O.s a survw m�de M me of tM1e p�oevlY
Oewibed m thb ppt,
t�at tlLLe s vvey D�en o 1'epo�[ ! a prepatN Oy ne� o unOec
my Elrcet aupervlaloni entl [NC I m a Ouly re9(rtereU
Ja0 NumGer: y��e s�rveyor unaer me �a+• ar ene scac� or nimewca.
$YlVBYBGFO/ Oyu• PreLlE.yi ^—
///
Def@ ��'W�� p �Y/
��_ oo � REOiifEx OuxOlVNVE�OP
StBfB Mn. flegle[ra[lan No. LOV59
OESCRIPTION: (NOrMern S[ates Porer Easemenq
A NorNern Sfates Pouer [anpany easemenG ove�, unEer anJ across IDat Dart af Lots 3 anE
d, Block 1, Energy Park Nest r�uh ties wi[hin the follonig Oescn�ed Imes:
Commencing at the Nort�easc wrner of Me uest 98.d8 feet of sata lot l; tnence 5 82
aeq�ees 34 miwte¢ 59 secooJS E(assumeE Ueanng) along Ne nortnerly tine of saiU Lot 3 a
aistance of 40.00 feet to the Domt of be9inning of tM1e lmes to be herein aescnoea;
thence cancinuing 5 82 Jegrees 34 m�nu[es 59 seconas E 50.00 feet; t�ence S 0I Jeqrees 25
nu[e5 Ot secon�s N 35).O6 fee[; L�e�e S 8� de9rees d) minutes 1) seconAS E 396A1 feeq
[�ence M 00 tleyrees 2) minu[e5 14 secon05 w 2].80 feet t�ence 5 82 tlegrees J4 minu[es 59
sxonGZ E U2.81 feec; tLence S 00 tlegrees 2I m�nutes 14 seconGS E 15J2 feet; Mence N 83
Jegrees M1� mirmtes 5i sxonds u 82.t] feeq Nerce S OU aegrees 2) mi�uGei 1C secanJS E
50JU feet to t�e sout� Ime of said elack 1; Mence N BJ degrees 4] mmutes 1) seconUS M
along said swt� 11ne 50.3< feeq tM1ence N 00 degrees 21 mmutes ta seconas u 50.36 fret;
Uence N 83 Eegrees 4) mmutes 1] semnds V paralle� [o [he SoutM1 lme of saia Block 1 a
Oiscance of 402.92 feet; t�ence 5 Ol Uegrees 25 minutes O1 secondz N 50.01 feet to Me
SouN line of sai� Block i; t�ence N 8J Cegrees 4l mmutes 1] seconES 4 alw9 sa�d Sout�
lroe 90.02 feet to Me SouNeast rorrer of tM1e Vest 9B.de feet of saie Lot 3�, t�evxe N Ot
degrees 25 minutez 01 sxonES E along t�e East lme of t�e Ves[ 98AB feet of sa�� lot 3 a
Gistance a( 100.02 feet; Nence S 83 Cegrees 6] m�nu�es 11 secmas E 40.0� fret; thente N
OJ Oegreez 25 miwtes 01 secanas E Darailel to saie East Hne 358.91 feet to Ne pomt of
Oe9mnin9.
Ramsey County, Mm�esota - - -
ENERGY PARK DRlVE
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� s es o•n• E r 92 ]a's9•p1O
196.03 � � � m
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BURLINGTON NORTHERN RAILROAD
tx ,� . ,
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IITILITX EASE?tENT
THZS UTILZTY EASEMENT is mdde this day of , 1994, by
and between 1930 EPD CORPORATION, a Delaware corporat n(herein-
after referred to as "Owner and THE CITY OF SAINT PAUL, a
liinnesota municipal corporation (hereinafter referred to as
"City"), with reference to the following facts and circumstances:
A. Owner is the fee owner of certain real property described
as follows: "
Lot 3, except the Wesierly most 98.48 feet thereof
(as measured along the Northerly line thereof), and
Lots 4 and 5, Hlock 1, Enerqy Park West, according
to the recorded plat thereof and situate in Ramsey
County, Minnesota
(hereinafter referred to as the "Property")-
B. Portions of the Property were made subject to utility
easements by the plat of Enerqy Park West, and, in connection with
the development of the Property by Owner, City has vacated all such
utility easements, except the utility easement lying along the
Southerly 50 feet of the Property, upon the express condition that
Owner grant to City a new utility easement on, over, under and
across that part of the Property which lies within the following
described lines:
Commencing at the Northwest corner of said Lot 3;
thence South 82 degrees 34 minutes 59 seconds East
(assumed bearing) along the North line of said Lot
3 a distance of 98.48 feet to the point of begin-
ninq of the lines to be herein described; thence
continuinq South 82 degzees 34 minutes 59 seconds
East alonq the North line of said Lots 3 and 4 a
distance of 591.58 feet; thence South 7 degrees 25
minutes O1 second West 60.0 feet; thence North 82
degrees 34 minutes 59 seconds West parallel to the
North line of said Lots 3 and 4 a distance of
537.58 feet to a point 54 feet from, as measured at
riqht angles to, the East line of the West 98.48
feet of said Lot 3; thence South 7 degrees 25
minutes 01 second West 4arallel to the West line of
said Lot 3 a distance of 348.63 feet to a point on
the North line of an existing 50 foot utility
easement; thence North S3 degrees 47 minutes 17
seconds West along said North line 54.01 feet to
the East line of the West 98.48 feet o€ said Lot 3;
thence North 7 degrees 25 minutes 01 seconds East
along said East line 409.76 feet to the point of
beginning
., _ , � • q5-��
(hereinafter referred to as the "Easement Area").
C. Owner has agreed to grant such easement, and City has
agreed to accept such easement, all on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing facts and
circumstances, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by the
parties hereto, owner and City hereby agree as follows:
1. Owner, for itself and its successors and assigns, grants
to City a permanent utility easement for the installation ,
maintenance, repair and removal of underground storm sewer
facilities on, over, under and across the Easement Area.
2. Improvements in or upon the Easement Area that do not
prohibit City from exercising the rights herein granted to City may
be allowed with written permission from the City of Saint Paul,
Department of Public Works Sewer Engineer, with the understanding
that restoration of such improvements is the sole responsibility of
the owner of the Property in the event such improvements are
damaged or destroyed as the result of City exercising such rights.
The parties acknowledge that certain curbs, parking lots,
driveways, guy wire support posts, and landscaping exist in the
Easement Area and, subject to the other provisions herein, may be
maintained in the Easement Area. Notwithstanding the foregoing,
such written permission shall not be required for the construction
and maintenance of surface driveways and surface parking lots, or
the installation of landscaping, which activities may be conducted
by the owner of the Property so long as the same do not materially
interfere with the exercise by City of the rights herein granted to
City.
3. In consideration of this grant of easement, City agrees
that Owner and the Property shall not be assessed for any costs
incurred by City in connection with the acquisition by City of
easements and/or right of way for such sewer facilities.
4. The easement herein granted shall be binding upon and
inure to the benefit of each of the parties hereto and their
respective successors and assigns, and shall run with the Property.
5. Further, the Owner (and each successor Owner), during
such Owner's respective period of ownership, shall be responsible
for all costs associated with safeguardinq or removing encroachinq
electric utility facilities during repairs, maintenance or
replacement of City sewers: Such Owner is also responsible for any
other costs due strictly to th�-presenv� s:3croaching facilities
within this area. These costs shall be calculated by a City Public
Works engineer by determininq the cost difference in construction
with and without the encroaching electric utility facilities within
the easement area described above.
:
,
ZN WITNESS WHEFtEOF, Owner and City have caused this Utility
Easement to be executed as of the day and year Pirst above written.
1930 EPD CORPORATI��
By ���r��� L �-��
It.S "� ^�^-^l fl w1.�; l l Proci rlPni
Form Approved: THE CZTY OF SAINT PAUL
. ,�G✓���- sy _
A sistant City Attorney Its Mayor
City of Saint Paul
And by
Its City Clerk
And by
Its Director, Finance &
Management Services
And by
Its Director, Public Works
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this _
day of , 1994, by .
of 1930 EPD CORPORATION, a Delaware corporation,
on behalf of the corporation.
�15- loD
Notary Public
-3-
,
a �
GIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � 5��
State Of �7-ifo
County of �
On �tober 10, 1994 before me, mro�v A. �brtorice ,
pq� NAME TTLE OF OFFlCEfi - E G_'JANE DOE. NOTARY PUBIiC
personally appeared Michael R, r�eiil
NAME(S) OF SIGNER(S)
� personally known to me - OR - C� proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowiedged to me that he/she/they executed
the same in his/her/their authorized
capacity{ies), and that by hislher/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
DOROTl1Y q. TORTOAICE
Q � CAMM. Jt962053 z
Z i � No�ry Public-Ca�iFornia y
OR4NGE COUNTY
My comm. expir�s MAR 25.1936
WITNESS my hand and official seal.
i ��' �
�� / � .—�,�--
�.L'-✓ vzt?�%Z- � !�lC'l��i_�Z�—J
�� SIGNANRE OF NOiAPY
OPTIONAL
Though the data below is not required by Iaw, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACiTY CLAiMED BY SIGNER
❑ tNDIV10UAL
�I CORPOR,4T� OFFICER
President
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATiORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER:
DESCRIPTfON OF A'fTACHED DOCUMENT
TIT�E OR NPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NPME Of PERSON(S) OR ENTITY(IES)
1930 EPD Corporation
SIGNER(S) OTHER THAN NAMED ABOVE
mt 993 NATiONAL NOTAAY ASSOCIATION � ffi36 Femmai Ave.. P.O Boz 7184 • Ca(wga Park, GA 9� 309-�� 8a