95-699�RfG1�lA1
Presented By
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33059
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Council File #
Green Sheet #
" RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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RESOLUTION Ai3THORIZING THE CITY TO REMOVE AN
OLD COMMON RETAIIVING WALL AND CONSTRUCT A NEW RETAINING WALL BETWEEN
CITY OWNED PROPERTY AT 811 CASE AND PRIVATE PROPERTY
AT 807 CASE.
Whereas on September 28, 1994 the Housing and Redevelopment Authority of the City of Saint Paul,
Minnesota authorized the acquisition and conveyance of property at 811 Case to the City of Saint Paul,
and
Whereas under the Places to Park Program a municipal pazking lot is planned to be developed at 811
Case, and
Whereas for construction of the municipal pazking lot to proceed a common retaining call between 807
Case and 811 Case must be removed and a new retaining wall built, and
Whereas for this work to proceed the City of Saint Paul must enter and do work on the private property
at 807 Case, and
Whereas the owner at 807 Case has given his permission and si�ed a Temporary Use Pernut of Real
Property allowing the City to enter and do work on his property.
Now Therefore Be It Resolved the Saint Paul City Council authorizes its employees, agents,
representatives and contractors temporary permission to enter the property at 807 Case for the purpose of
performing tasks incidental to the removal of the existing common retaining wall and construction of a
new retaining wall.
Requested by Department of:
Planni & Economic elo men
By: G
Form Approved by City Attorney
By:
By:
by
r
Approved by
By:
Submission to
Adopted by Council: Date �g ° �S
Adopti�Qn Certified by Council Secretary
. .. �S-G 9 9 1r
DEPq9TMEfJ7/OFfIC UNCII DATE INITiATE� ,�j� 3 3 0 5 9
Plamm �g an� Economic Development 6-15-95 GREEN SHEET _
INITIAVOATE ` INITAUDATE
CONTACT PERSON & PHONE DEPARTMENT DIRECTOR �j CITY COUNqL
�1iT1 ZdOp 266-6559 nssi�x �cmnrroauer (, ,f � � CITYCLERK
NUYBEA FOA
MUST BE ON CAUNCIL AGENDA BY (DATE) RQ�� � BUDGEf DIPECiOR � FIN. & MGT. SERVIGES DIR.
June 28, 1995 oa��x �MAYOFi(ORASSI5TAN'n ❑
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TOTAL # OF SIGNATURE PAGES (CLIP ALL IOCATIONS FOR SIGNA7URH)
AGTION REOUE5fED:
Resolution authorizing the City to remove an old common retaining wall and construct a new
retaining wall between City owned property at 811 case and private property at 807 Case.
RECAMMENDATiONS: npprova (A) or Rejea (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS:
_ PLqNNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this perso�rm ever worketl under a contract for this tlepartment?
_ CIB COMMfITEE �'ES NO
_ STqFF ! 2. Has this personflirm eve� been a city employee?
— YES NO
_ oISTRIC7 CoURT _ 3. Does this DeSOnffirm possess a skill not normally possessed by any curtent city employee?
SUPPOflTS WHICH COUNCIL O&IECTIVE7 YES NO
Nei ghborhood Commerci al Devel o pmen Explain all yea answers on sepa�ete sheet and attach to green sheet
INITIATING PROBIEM, ISSUE, OPPoRTUNITY (Who, What, NTen, Where, Why);
For municipal parking lot to be built at 811 Case, City must enter private property at
807 Case and remove common r�taining wall and construct a new retaining wall.
,g�� 16 1995
ADVANTAGES IF APPROVED:
Parki ng pro ject wi 11 proceed. ����� ��"�`�`°
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DISADVANTAGESIFAPPROVED: �_.�yp ���� \ 1 " �
None. ��� �U@�19 REC�►VED
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JUN 16 1995
�- ���Y ATT
DISADVANiAGES IF NOT APPROVED. .
Project will not proceed
TOTAL AMOUN70FTRANSACTION $ COSi/REVENUE BUDGETED (CIRCLE ONE) YES NO
_'_'____
FUNDIHG SOURCE ACTIVITY NUMBEH
FINANCIAL INFORMATION: (EXPLAIN)
9s-��9
TEMPORARY USE PERMIT OF REAL PROPERTY
Permission is hereby granted this l�nc� day of May, 1995 by
Charles Renstom, an adult who resides at 807 Case, St. Paul,
Minnesota 55106 ("Renstom"), to the City of St. Paul, a municipal
corporation under the laws of the State of Minnesota ("City") in
accordance with the conditions herein described:
1. Recitals.
� a. Renstom represents that he is the fee owner of property at
807 Case, St. Paul, Minnesota 55106 which is leqally described
as follows:
Lot 16, Block 20, Arlington Hills
Addition to the City of St. Paul.
b. The City is attempting to purchase property at 811 Case,
St. St. Paul, Minnesota 55106 which is legally described as
follows:
Lot 17, Block 20, Arlington Hills
Addition to the City of St. Paul.
c. The above referenced properties are adjacent to each other
and share a common retaining wall and chain link fence (common
retaining wall).
d. If the City is successful in purchasing the property, it
has the present day intention of usinq said purchased property
for surface parking.
e. Tf the City is successful in purchasing the property and
as part af its plan to use its property for surface parking,
the City wishes to remove the common retaining wall and chain
link fence in order to construct a new retaining wall and
fence (new retaining wall) solely on its property.
f. If the City is successPul in purchasing the property, the
City is in need of access to and use of Renstom's property in
order to e£fectively and efPiciently remove the common
retaining wall and construct a new retaining wall.
2. Permission
a. Renstom hereby gives the City, its employees, agents,
representatives, and contractors temporary permission or right
of temporary entry upon Renstom's property for the sole
purpose o£ performing tasks incidental to the removal of the
common retaining wall and construction of a new retaining wall
referenced in the recitals above.
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b. This �emporary permission or temporary right of entry
herein given to the City is at no cost to the City or Renstom,
other than the City shall be responsible for those costs
provided in Section 3c of this Tenporary Permit to Use Real
Property.
c. This temporary permission or temporary right of entry orill
expire upon completion of the new retaining wa11 and the
City's restoration of Restom's property as provided in Section
3e.
3. Conditions o£ Permission
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a. The granting of this temporary permission or temporary
right of entry to the City shall not transfer any ownership
interest o£ Renstom's property to the City.
b. Al1 construction costs incidental to removal of the common
retaining wall, construction of a new retaining wall, and
landscaping solely deemed appropriate and done by the City,
its employees, agents, representatives or contractors shall be
borne by the City.
c. Upon completion of the new retaining wall, the City shall
have the sole responsibility for the new retaining wa11's
maintenance and repair.
d. The City assumes responsibility for any negligent work
perPormed by it, its employees, agents, representatives or
contractors in removing the common retaining wall, in
constructing the new retaining wall, or in landscaping either
property.
e. TJpon completion of the new retaining wa11, the City sha11
restore Renstom's property to the same relative condition
which existed prior to the removal of the old and construction
of a new retaining wall.
Renstom approves the terms and conditions of this Temporary
Permit to Use Real Property by signing his name.
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C arles Renstom
807 Case
St. Paul, Minnesota 55106