95-776Council File # " � / � �
ORIGINAL
RESOLUTION Green Sheet � 31597
INT P UL, MINNESOTA 2 s
Committee: Date
Presented By
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WHEREAS, As part of the Crosby Lake Business Park Develogment, the Saint Paul
Port Authority desires that streets constructed to serve this development become
public property; and
WHEREAS, The Saint Paul Port Authority has agreed to pay the full costs of acquiring
said easements; and
WHEF2FAS, The Saint Paul Port Authority proposes to construct said roadways at
their own cost and expense with the approval and inspection of the Saint Paul Public
Works Department; and
WI��REAS, The Saint Paul Authority desires that the easements be conveyed directly
from the Soo Line Railroad Company to the City of Saint Paul; now, therefore, be it
RESOLVED, The proper city officials are hereby authorized to sign agreements
between the City of Saint Paul and the Soo Line Railroad Company for utility and
roadway easements necessary for this project.
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Requested by Department of: �-�
Public Works (TFx) 6-2
By: �O«L(M I✓C.f�f/�
Stacy Bec er, Director of Public Works
Form Appr/1c�ed by City Attorney
By:
By: N� c� c-� � aYF
Appzoved b ayor: �te,�' �� �
f �_ �_
By:
bX�- _ 1..�'V �1��Y"'.r.r��� By :
Mayor for Sub�nission to Counci.l
Adopted by Council: Date F\��
Adoption Certified by Council Secretary
/a� �7/ .�
DEPARTMENT/OFFICE/COUNCIL �—� OAiE MfT1ATED � � 31597
Pubiic Works Department June 28, 1995 GREEN SH O. iNRwwAr�
COMACTPEpSON&PHONE pFPAq'fMENTDIFECTOfl_�_ 4❑CffYCOUNCIL
ThomasKuhfeld (TeI.No.266-6111) ��� JemSeaai ❑crn�c�rix
MUSTBEONCOUNCILAGENDABV(DAT� HOU7ING g�p�E7DIRECTOH �FIN.&NGT.SEFVICESDIR.
ASAP � �MAYOfi(OHASSISTM7ry ❑
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TOTAL E OF SIGILINi7E PAGES 1 _(CL1P ALL LOCAl1UN5 FOR 9GNANN� � ASSOCIATE � DEPARTMEMAL ACCOUNTANf
ACTION flEWESTED
Approval of Resolution to accept roadway easements from the Soo Line Railroad Company necessary for the Crosby Lake Business
Park Development by the SaiM Paul Port Authority.
PEWMMENDATIONS: nppros (�y w Reject (f� pEflSONAL SERVICE CONTRACTS MUST ANSWEH TNE FOLLOWING dUESTIONS:
PIANNING COMMISSION CN�i- SEFVIGE COL1M75SpN 1. Has th15pe csonlFim eVer vrorked under a WnVac[ for tttis depaztmen[?
— — N YES NO
GIB COMMf17EE A Saint Paul PortAuthoritv 2. Has thape rsonffirm ever been a dry employee?
— YES NO
A STAFF 3. Dces Uiis persoMrm possess a skill not rwrmatly possessed by arry current ciry
— — employee?
DIS7qICTCOUNCIL YES NO
SUPPORTS WHICH COUNqL OBJECTNE? �P�n all yas answers on separate sheet and attaeh b green sheet
INITIATING PPOBLEM, ISSUE, OPPOflTUNITY (WHO, WHAT. WHEN, WHERE, WFIY):
The Saint Paul Port Authority desires that easements necessary for roadway to serve the Crosby Lake Business Park Development
be transferred directly from the Soo Line Railroad Company to the City of Sairrt Paul. The Saint Paul Port Au[hority will pay the full
costs of these easements. ����q
JUN 30 1995
`����� ��=6��'
ADVANTAGESIFAPPROVED:
Roadways will serve a new business development. ������ �� �
JUL 07 i995
--- ___�
DISADVANTAGES IF APPflOVEO:
The City of Saint Paul will have additiona� roadway to maintain.
DISADVANTAGES IF NOT APPROVED:
Will create problems in siting new businesses in this development.
TOTAL AMWNT OF TRANSACTION S 9375000 C0.STlREYENUE BUDGETED (CIRCLE ONE) YES t�o
FUNDING SOURCE �nt Paul PortAUthofM ACfTVffY NUMBER
GINANCIAL INfORMATION: (EXPLAIt�
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95�776
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Reserved for valuation and tar data Reserved for taz recording data
THIS INDENTURE, made this day of 1995, between
SOO LINE RATLROAD COMPANY, a Minnesota corporation, hereinafter cailed the "Grantor",
and CITY OF SAI1�I'T PAUL, hereinafter called the "Grantee",
�T � '� 1�T � � � '� ]E�:
That the Grantor, in considerntion of the sum of TWELVE-THOUSAND and No/100
DOLLARS ($12,000.00) to it in hand paid by the Grantee, the receipt whereof is hereby
aclmowledged, does hereby grant unto the G�antee an easement for the construction, maintenance and
the local distribution of eiectrical, communications, water, sewer and natural gas services, collectively
the "Utilities", such easement to continue only so long as used for such purposes, upon and across the
foilowing described location in the County of Rams, State of Minnesota, to-wit:
�
(Parcel3) '
All that part of Lots S, 9, and 10, Block 41, of West End Addition, and of vacated
Stewart Ave adjoining said Lots that is described as follows:
Commencing at the West 1/4 corner of Secuon 14, Township 28,. Range 23, Rams
County, Minnesota; thence North 89°52'37" East on an assumed bearing along the East
West 1/41ine of said Section 14 for a distance of 773.90 feet to the intersection with
the Southerly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific
Railroad; thence North 51 °09'45" EasY along said right-of-way line a distance of
496.41 feet to the point of beginning of the land to be described; thence continuing
North 51 °09'45" East a distance of 80.00 feet; thence North 38°50'15" West a distance
of 100.00 feet to the Northeziy right-of-way line of said Railroad; thence South
51 °09'45" West along said right-of-line a distance 80.00 feet; thence South 38°50' 15"
East a distance of 100.00 feet to the point of beginning.
95°776
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(Parcel 4)
All that part of Government Lot 2, of Section 14, Township 28, Ran�e 23, Rams
County, Minnesota that is described as follows:
Commencing at the West 1/4 comer of said Section 14; thence I�iorth 89°52'37" East
on an assumed bearing along the East West 1/4 line of said Section 14 for a distance
of 773.90 feet to the intersection with the Southerly right-of-way line of the Chicago,
Milwaukee, St Paul & Pacific Railroad; thence North 51 °09'45" East along said right-
of-way line a distance of 1,053.57 feet to the point of beginning of the land to be
described; thence continuing North 51 °09'45" East a distance of 33.46 feet; thence
along a tangential curve concave to the Northwest having a central angie of 00 °27'42"
and a radius of 5,779.58 feet for an azc distance of 46.58 feet; thence North 40°37'36"
West a distance of 91.09 feet; thence aiong a tangentiai curve concave to the
Southwest having a centrai angle of 3°46'32" and a radius of 135.89 feet for an arc
distance of 8.46 feet; thence Southwesterly atong a nontangential curve concave to the
Northwest having a central angle of 0°26'07" and a radius of S,b79.58 feet for an azc
distance of 43,16 feet, the chord of said curve beazs 5outh 50°56'41" West; thence
South 51 °09'45" West tangent to the last said curve for a distance of 37.74 feet; thence
Southeasterly along a nontangential curve concave to the Southwest having a central
angle of 11 °40'32" and a radius of 55.89 feet for an azc distance of 1139 feet, the
chord of said curve bears South 46°27'S9" East; thence South 40°37'36" East tangent
to the last said curve a distance of 88.78 feet to the point of beginning.
RESERVING, HOWEVER, unto the Grantor, its successors and assigns, the right and
privilege to use said land for the maintenance and operation of raikoad tracks and facilities; the right
to cross said Utilities with new tracks; the right to permit other parties to use said land; the right and
privilege to use said land for any and all other purposes that aze not inconsistent with the use thereof
for the purpose or purposes pemutted by this indenture; and further reserving the right to prevent the
placement or maintenance of any Utilities upon said land in a manner which would unreasonably
interfere with the maintenance and safe and continuous operation of railroad tracks and facilities.
Further, the Grantor explicidy excludes from the ri;hts herein eranted and reserves unto itself,
its successors and assigns, the use of said lands for the trunk uansmission and distribution of
electricity, communications, water, sewer or nanu�al gas or the distribution thereof in capacities
exceeding the demand of properties immediately adjacent to the Grantor's lands described herein;
The Grantor reserves the title to said lands to itself, and the Grantee's maintenance and use for
the above purposes upon said land, however lon2 continued, shall not vest in the Grantee rights
adverse to those of the Grantor other than those granted by this indenture.
The Grantee shall fully indemnify the Grnntor against any and all loss, damage, liability,
ciauns, suits, jud�nents, costs, and expenses (including reasonable attomeys' and witness fees) in any
mannez pertaining to injury to or death of any person or damage to or destruction of any property,
95-??6
where such injury, death, dama�e, or destruction arises in whole or in part from any act or omission
of the Grantee (or the Grantee's employees, agents, representatives, or invitees) in connection with the
exercise of the permission herein �ranted.
The Grantee shall assume and pay any tases or assessments which may be levied by any
competent authoriry by reason of the existence or use of said land for the Utilities.
The Grantee shall secure, at the Grantee's own espense, any permits or licenses required by
state or local laws or ordinances and shall comply with all applicabie laws, including but not limited
to any laws, regularions, standards, and permit requirements relating to environmental pollution or
contamination or to occupational health and safety. The Grantee shail indemnify and hold harmless
the Grantor from any and all clauns, jud�nents, fines, civil penalties, costs, and expenses (including
reasonable attorneys, and wimess fees) arising out of or connected with the Grantee's violation of or
non-compliance with any such law, ordinance, standazd, re�ulation, or permit requirement.
The Grantee, after first securing all necessazy public authority, shall at the Grantee's sole
expense install and thereafter maintain the Utilities upon and across the Grantor's property and
undemeath or across any railroad tracks located thereon at the above described location in a manner
satisfactory to the Grantor.
The Grantee shall be responsible for determining the location and existence of any pipes,
wires, conduits, sewers, pilin� or other obstructions to the construction of the Grantee's Utilities and
shall indemnify Grantor for any and all liability for dama�e to the foregoing pipes, wires, conduits,
sewers, piling or other obstructions, if any, caused by the construction or maintenance of the Grantee's
Utilities. The Grantor makes no representation by the granting of this indenture that its property is
free of any such pipes, wires, conduits, sewers, pilings or other obstructions.
The Grantee shall not cazry on any work in connection with the installation, maintenance,
repair, changing or renewal of the Utilities or in close proximity to any railroad track at the above
described location until: (i) it shall have given the Grantor at least three days' written notice, and (ii)
an authorized representative of the Grantor shall be present to supervise same. Upon bills being
rendered therefor, the Grantee shall promptly reimburse the Grantor for ali expenses incurred by it in
connection with such supervision, including all labor costs for flagmen suppiied by the Grantor to
protect railroad operauons, and for the entire cost of the fiunishing, instaliation and later removal of
any temporary supports for said tracks.
T'he Grantee at the Grantee's sole espense, whenever notified to do so, shall promptly make
emer�ency repairs to the Urilities as the Grantor and Grantee agree are necessary. The Grantor shall
have the right, at its election, to make these emergency repairs to the Utilities, and in such event the
Grantee, upon bills being rendered therefor, will promptly reimburse the Grantor for all expenses
incurred in connection therewith.
The Grantee shall assume all risk of damage to or destruction of the Utilities through any cause
whatsoever, escept the wilful ne�ligence of the Grantor, while located upon and across the
above-described property.
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The Grantor makes no warranty of tifle to said land, nor does it warrant that it has the right to
grant the said easement The Grantee shall not have any recourse whatsoever against the Grantor in
the event that the Grantee shail be required through action of any third party to remove the Urilities
from said land.
This Indenture shall inure to the benefit of and be binding upon the successors and assigns of
the Grantor and the Crrantee.
GRAIVT:
�TI�T�SS, the hand and seal of the Grantor this day of
,1995.
SOO LINE RAILROAD COMPANY
Wimess
STATE OF MINNESOTA
COUNTY OF HE23NEPIN
}
)SS
)
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C.A. Soelberg
Assistant Vice President Real Estate
The foregoing was acknowledged before me this day of 19_
_, by C. A. Soelberg the Assistant Vice President Real Estate of Soo Line Railroad Company, a
corporation under the laws of Minnesota, on behalf of the corporation.
Notary Public
My commission expires:
95-776
Notary Public
CITY OF SAIN"T PAUL
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City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF RAMS )
On this day of 1995, before me, a notary public, within and for said
County, personaily appeazed , City Clerk, and that this
instrument was signed on behalf of the City of Saint Paul, a municipal corporation under the laws of
the State of i�Iinnesota, and said instrument was aclrnowledged to be the free act and deed of said City
of Saint Paul.
Notary Public
I Approved as to Form:
� Assistant City
This insuvment was drafted by:
David S. Drach
Manager Real Estate
CP Rail System
P.O. Box 530
Minneapolis, MI�i 55440
95121-02.004
95-776
�3����vA� �r�.������
Reserved for valuation and tar data Reserved for taz recording data
THIS INDENTURE, made this day of 1995, between
SOO LINE RAILROAD COMPANY, a Minnesota corporauon, hereinafter called the "Grantor",
and CITY OF SAINT PALTL, hereinafter called the "Grantee",
�Y � B' l�T ]E � � 7E '� ]E�:
That the Grantor, in consideration of the sum of EIGHTY-ONE THOUSAND, SEVEN-
HUNDRED FIFTY and No(100 DOLLARS ($81,750.00) to it in hand paid by the Grantee, the receipt
whereof is hereby acknowledged, does hereby �ant unto the Grantee an easement for the construction,
maintenance and renewal of a roadway and associated sewer pipes and catch basins to handle storm
water, collectively the "Roadway", such easement to continue only so long as used for such purposes,
upon and across the following described location in the County of Ramsey, State of Minnesota, to-wit:
(Pazcel 1)
All that part of Government Lot 2, of Section 14, Township 28, Range 23, Ramsey
County, Minnesota and of Lots 8 thru 14, Block 40 and Lot 13, Block 42, West End
Addition and of vacated Vista Ave. and of vacated Stewart Ave. that is described as
foliows:
Commencing at the West 1!4 corner of said Section 14; thence North 89°52'37" East
on an assumed bearing along the East West i/41ine of said Section 14 for a distance
of 693.95 feet to the intersection with the centerline of Chicago, Miiwaukee, St. Paul
& Pacific Railroad; thence North 51 °09'45" East along said centerline a distance of
326.54 feet to the point of beginning of the land to be described. said point being the
intersection of said railroad centerline and the Southeasterly extension of the
Northeasteriy line of vacated Alaska Avenue; thence continuing North 51 °09'45" East
along said centerline a distance of 822.88 feet; thence Northeasterly along said
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centerline of a curve concave to the Northwest havin� a central angie of 2°21'S5" and
a radius of �,729.58 feetfor an arc distance of 236.54 feet,the chord of said curve
bears North 49°�8'47" East; thence North 40°37'36" Wesz a distance of 50.00 feet to
the I3ortherly right-of-way line of said Raikoad; thence Southwesterly along said
right-of-way on a nontangential curve concave to the Northwest and having a centrai
angle of2°22'14" and a radius of 5,679.58 feet for an arc distance of 234.98 feet, the
chord of said curve bears South 49°58'38" West; thence South 51 °Q9'45" West tangent
to last said curve along said right-of-way line a distance of 817.97 feet to the
intersection with the Southeasterly extension of the Northeasterly line of vacated
Alaska Avenue; thence South 33 °09'40" East along said e�ended line a distance of
50.25 feet to the point of beginning.
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(Parcel2)
All that part of Lots 1, 2 and 19, Block 41, West End Addition described as foliows:
Commencing at the West 1/4 corner of Section 14, Township 28, Range 23, Ramsey
County, Minnesota; thence North 89°52'37" East on an assumed bearing along the East
West 1/41ine of said Section 14 a distance of 663.45 feet to the most Westerly corner
of Lou 1 and 19, said Block 41 also being to the point of beginning of the land to be
described; thence continue North 89°52'37" East a distance of 3Q.50 feet to the
intersection with the centerline of the Chica�o, Milwaukee, St. Paul & Pacific
Railroad; thence North 51 °09'45" East alonQ said railroad centerline a distance of
169.98 feet to the Northerly line of said Block 41; thence South 56°47'07" West along
said Northerly line a distance of 194.72 feet to the point of beginning.
RESERVING, HOWEVER, unto the Grantor, its successors and assigns, the right and
privilege to use said land for the maintenance and operation of railroad tracks and facilities; the right
to cross said Roadway with new tracks; the right to pemut other parties to use said land; the right and
privilege to use said land for any and ail other purposes that are not inconsistent with the use thereof
for the purpose or purposes pennitted by this indenture; and fiuther reserving the right to prevent the
placement or maintenance of any Roadway facility upon said land in a manner which would
unreasonably interfere with the maintenance and safe and continuous operation of railroad tracks and
facilities.
The Grantor reserves the title to said lands to itself, and the Grantee's maintenance and use for
the above purposes upon said land, however long continued, shall not vest in the Grantee righu
adverse to those of the Grantor other than those granted by this indenture.
The Grantee shall fully indemnify the Grantor against any and all loss, damage, liability,
ciaims, suits, judgments, costs, and e�cpenses (including reasonable attorneys' and witness fees) in any
manner pertaining to injury to or death of any person or damage to or destrucrion of any property,
where such injury, death, damage, or destruction arises in�whole or in part from any act or omission
of the Grantee (or the Grantee's employees, a�ents, representarives, or invitees) in connection with the
esercise of the permission herein granted.
95-776
T'he Grantee shall assume and pay any taxes or assessments which may be levied by any competent
authority by reason of the e�stence or use of said land for Roadway purposes.
The Grantee shall secure, at the Grantee's ow�n expense, any permits or licenses required by
state or local laws or ordinances and shall comply with all applicable laws, including but not 1'united
ta any laws, regulations, standards, and permit requirements relating to environmental pollution or
contamination or to occupational health and safety. The Grantee shall indemnify and hold harmiess
the Grantor from any and all ciaims, judgments, fines, civil penalties, costs, and expenses (including
reasonable attomeys, and witness fees) arising out of or connected with the Grantee's violation of or
non-compliance with any such law, ordinance, standazd, regulation, or pernut requirement.
The Grantee, after first securing all necessary public authority, shall at the Grantee's sole
expense install and thereafter maintain the Roadway upon and across the Grantor's property at the
above described location in a manner satisfactory to the Grantor.
The C:rantee sha11 be responsible for determinin� the location and existence of any pipes,
wires, conduits, sewers, piling or other obstructions to the construction of the Grantee's Roadway and
shali indemnify Grantor for any and all liability for damage to the foregoing pipes, wires, conduits,
sewers, piling or other obstructions, if any, caused by the construction or maintenance of the Grantee's
Roadway. The Grantor makes no representation by the granting of this indenture that its property is
free of any such pipes, wires, conduits, sewers, pilin�s or other obstructions.
The Grantee shall not cany on any work in connection with the installation, changing or
renewal of the Roadway in close proximity to any raikoad track at the above described location until:
(i) it shall have given the Grantor at least three days' written notice, and (ii) an authorized
representative of the Grantor shall be present to supervise same. Upon bills being rendered therefor,
the Grantee shall promptly reimburse the Grantor for all expenses incurred by it in connection with
such supervision, including all labor costs for flagmen supplied by the Grantor to protect raikoad
operations, and for the entire cost of the fumishing, installation and later removal of any temporary
supports for said tracks.
The Grantee at the Grantee's sole expense, whenever notified to do so, shall promptly make
emergency repairs to the Roadway as the Grantor and Grantee agree are necessary. The Grantor shall
have the right, at its election, to make these emergency repairs to the Roadway and in such event the
Grantee, upon biils being rendered therefor, wiil promptly reimburse the Grantor for all expenses
incurred in connection therewith.
The Grantee shail assume all risk of damaee to or destruction of the Roadway through any
cause whatsoever, except the wilful negligence of the Grantor, while located upon and across the
above-described property.
The Grantor makes no warranty of tide to said land, nor does it warrant that it has the right to
grant the said easement. The Grantee shall not have any recourse whatsoever against the Grantor in
the event that the Gtantee shall be required through action of any third party to remove the Roadway
from said land.
95-776
This Indenture st�all inure to the benefit of and be binding upon the successors and assigns of
the Grantor and the Grantee.
GRANT:
i3�iTI�TESS, the hand and seal of the Grantor this day of
,1995.
SOO LINE RAILROAD COMPAPiY
Witness
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
)SS
)
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C.A. Soelberg
Assistant Vice President Real Estate
The foregoing was acknowledged before me this day of , 19_
_, by C. A. Soeiberg the Assistant Vice President Reai Estate of Soo Line Railroad Company, a
corporation under the laws of Minnesota, on behalf of the corporarion.
Notary Public
My commission expires:
95 r ��� �
ACCEPTAlVCE:
CITY OF SAPr"I' PAUL
I�
Martha Larson,
D'uector of Finance and Management Services
STATE OF MINNESOTA
SS
COUNTY OF RAMSEY
On this day of , 1995, before me, a notary public, within and for said
County, personally appeazed Martha Larson, D'uector of Finance and Management Services, and that
this instrument was signed on behalf of the City of Saint Paul, a municipal corporation under the laws
of the State of Minnesota, and said instrument was acknowiedged to be the free act and deed of said
City of Saint Paul.
Notary Public
CTTY OF 5AINT PAUL
By
Norm Coleman,
Mayor
STATE OF MINNESOTA
SS
COUN'I'Y OF RAMSEY
On this day of , 1995, before me, a notary public, within and for said
County, personally appeared Norm Coleman, Mayor, and that this instrument was signed on behalf
of the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, and said
instrument was acknowiedged to be ttte free act and deed of said City of Saint Paul.
Notary Public
95-776 �
CITY OF S�T PAUL
Bv
Ciry C1erk
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
On this day of , 1995, before me, a notary public, within and for said
County, personally appeazed , City Clerk, and that this
instrument was signed on behalf of the City of Saint Paul, a municipal corporation under the laws of
the State of Minnesota, and said insulunent was acknowledged to be the free act and deed of said City
of Saint Paul.
Notary Public
Approved as to Form:
� Assistant City
This instrument was drafted by:
David S. Drach
Manager Real Estate
CP Raii System
P.O. Box 530
Minneapotis, MN 55440
95121-01.004