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97-12251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Returu copy to: (JAO) Real Estate Division 140 City Hall RESOLUTION _ CITY OF SAINT PAUL, MINNESOTA `f ��+ Presented By-��.��'L'.� In...,J� Referred To CouucIl File 1f . � Green Sheet {{ 40022 y5 Cominittee: Date WHEREAS, a sanitary sewer owned and maintained by the Metropolitan Council Environmental Services (MCES, flca MWCC) exists on City parkland in Battle Creek Regional Park; and WFIEREAS, in order for the MCES to reconstruct and maintain its sanitary sewer permanent and temporary easements are needed as described in the Easement agreement in Exhibit "A"; and WHEREAS, the City of Saint Paul Department of Parks agrees with this request for said easements as outlined in Saint Paul Parks & Recreation Commission Resolution 1{ 97-2, a copy of which is attached hereto; so TI�REFORE BE TT RESOLVED, that the proper City officials are hereby authorized and directed to accept the attached Easement agreement; and that the MCES their successors and assigns, by acceptance of the terms and condition of this resolution, agree to identify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this easement or MCES use of this properry, including, but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims of liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees; and FIJIt1'HER RESOLVED, that compensation, for said easements, in the amount of One Thousand Seven Hundred Dollars ($1,700) be deposited into the Parkland Replacement Fund 720, Activity Code 50087-?306-330 and held in reserve for purchase of Park properties as required in Chapter 13.01.1 of the City Charter, the above mentioned amount being a fair and reasonable value as determined by an independent appraiser; and a�-� aas 2 3 4 5 6 7 8 FURTHER RESOLVED, that reimbursement, by MCES, for independent appraisal services retained by the City of Saint Paul's Real Estate Division be deposited in Fund 001, Activity 01300-0513. Requested by Department of: Adopted by Council: Date O�-. \ �\ Adoptio Certified by Council Secretary BY� �- � _ Ps ,,,,. Approved by Mayo Date (X (�� By: Technolog,v & Management Services BY�� C�//�i1n,7��Q/,�t�7�cCc�9n"' Director � Form Approved by City Attorney B � �//j,��,,,, �l - 27 -� � Approved by Mayor for Submission to Council B y� �e�L��L � T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 40022 � Z CPAAT�ffMDIX[CfOR 4 GIiYGroVNCR ntad Person and Phone Nwnber: —' 1 ��rrowacv 5 crrvc��k ETERWI3ITE/NANORTIZ 2(1�885� ��xTOa .��+�'.�� 3 roarox�rnscv+SJ 6 'rz�.sMCr.mvc�av..U.tsrwieruo� ust be m Camc�7 enda by: OTAL N OF SIGNATURE PAGES (CLIP ALL IACATIONS FOR S[GNATURE) CfION REQUF_SfED: ccept Easement Agreement: City (Parks) to Metropolitan Councii Environmentai Services (MCES�. w�mwwnors:wrrxove�e�oewcctm� ERSONAL SERVICE CONTRACTS M[1ST ANSWER THE FOLL04VING: eumm+cmn�.morc � sc�ee 1. Has [he persoNfirm ever worked under a conttact for this deparhnent? YES NO rna sea�.ce cow�ms�o� , Has this person/f rm ever been a Gty employee? YES NO � ro . Does tltis person/firm �wssess a sldll not normaRy possessed by any Esplain all YES answers on a sc rate sheet and attach. SUPPORTS WHICH COUNCIL O&TECTIVE? COUNCIL WARD(S� 7 DISfRICT PLANNING COUNCIL � NITIATING PROBLEM, ISSCJE, OPPORTUNII'P (4Vhq Whnt, When, Whem, Why?): The MCES needs to reconstruct and maintain it existing sanitary sewer. ADVANTAGES IF APPROVEA: Said sanitary sewer will be maintained. ��'�� °= � ,. •� s DISADVANTAGESIFAPPROVED: �"`'=Y � �£� ncumbrance to property. ��"� � � �� .� . � � �;� ' ISADVANTAGESIFNOT APPROVED: �,� „� a � �' �1 ��u ,�� Fsa xisting sewer could become deteriorated and cause damage to parkland OTAL AMOUNT OF TRANSACTION: $1�700 COSflREVENUG BUDGETED (CIRCLE ONE) YES NO FUt�'DING SOURCE: MCES to pay damages to Park Fuud. AcTivirY �sEx: ��e�u:; ,� ��:4�� i � ANCIAL INFORMATION: (BXPLAI� ' ° ` .. a�� ``°`"� G J E.3J� � Abstract EASENIENT THIS INSTRUMENT, made this day of �� t � �;� :�r �'� q�-1� , 19 _ , by and between the City of Saint Paul, A Minnesota Municipal Corporation, Grantor, and the Metropolitan Council, a public corporation and political subdivision of the state, Grantee; WITNESSETH, that Grantor, in consideration of One Dollar and other good and valuable consideration to it in hand paid by Grantee, the receipt of which is hereby; a�l�irowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and �s"signs, the following described easements for sanitary sewer and utility purposes: �� R (See Exhibit A, attached and Made Part Hereo� The above described easements include the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights �ranted herein including the right to enter the easements for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removin� said sewer and utilities, subject to those conditions set forth in Resolution 97-2 of the Saint Paul Parks and Recreation Commission, which is attached hereto and incorporated herein as Reference (Exhibit B). Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind, either above or below the surface, or stockpile soils, construction debris, or construction equipment, or change the grade thereof, without the express written permission of the Grantee. r-�=°;� � � �—�__- e °. - - U��, <� — ,�""� --_, -I- q�•��zs Notwithstandiag the aforementioned provision, the foll"owing improvements by Grantor, iu heirs, successors and assi�s du not require Grantee s written approval: fences, parldng lots, street and/or roadways, landscaping, bushes, shrubs. However, Grantor hereby agrees u�at Grantee w�ill not be responsible ior and w�ll not pay for the loss of or any damage to, or replace or restore the following items within t�e easement area: trees, shrubs, bushes or other plantings, other than grass or sod, fences. Granto: covenants that it is the Own�r and is in possession of the above described premises and has lawful ri,,aht and authority to convey and grant the easements described herein. TN WIT'NESS WHEREOF, tne said Grantor has caused this Easernent to be executed - - --� as ofthe date noted above. City of St. Paul A h�innesota Municipal Corporation �� By � � Its � -2- � Gl� -1'� STATE OF COUNTY OF } } ss } On the day of , 19_� before me a notary public within and for said County, personally appeared , respecdve:y, r,amed in :he foregoing ' :,_ instrument, snd that said instrument was signed on behalf of said City o; St. Paul, A,vL Municipal Corporation, by authority of its City Council, and said City Council aclmowledged -.. said instrument to be the free act and deed of said City of St. Paul. - Notary Public DRAFTED BY: Carol7ohnson, SR/WA Real Estate Specialist Metropolitan Council 230 East Fifth Street Mears Pazk Centre St. Paul, Mmnesota 55101 (612)229-2147 APPROVED AS TO FORM BY: Jeanne K. Mavoss, Attomey License No. 68615 -3- q�-laas Exhibit A Parcel No. 1 Property Description: Tha; part westerly of F�ighway 61 and Northerly of the right-of-v�ay o.` the Chicago, Bu:lingt�n and Quincy P.ailroad of the Southeast 1/4 of Section 3, Towciship 28, Range 22, containir.g 22.61 acres, more or less, according to the govemment survey thereoF also, all of Blocks 24 and 35, Town of Lower St. Paul, according to the recarded plat thereof on file and ofrecord in the office of the Re�ister ofDeeds ofRamsey County, Nfinnesota. Easement D�scription: A permanent easement for sanitary sewer purposes over, under and across the above described property. Said permanent easement being between 1�.00 and 40.00 feet to the left of the following described line: Commencing at the southwest corner of the Southeas*. Quarter of said Section 3; t�ence on an assumed bearing ofNorth 00 degrees 37 minutes 35 seconds West along the west line of said Southeast Quarter a distance of 1202.48 feet; thence North 30 degrees 16 minutes 56 secor.ds East a distance of 175.53 feet; thence North 76 degrees 24 minutes 57 seconds West z distar.ce of 12.00 feet to the actual point of beginning of the line to be described; South 76 degrees 24 minutes 57 seconds East a distance of 698 27 feet to the westerly right of way line of T. H. No. 61 and said line tnere terminating. Also, a teznporary easement for construction purposes over the first above described property being between 40.00 and 65.00 feat to the left of the following described line: Commencing at the southwest comer of the Southeast Quarter of said Section 3; thence on an assumed bearing ofNorth 00 deerees 37 minutes 35 seconds West along the west line of said Southeast Quarter a distance of 1202.48 feet; thence North 30 degrees 16 minutes 56 seconds East a distance of 175.53 feet; thence North 76 degrees 24 minutes 57 seconds West a distance of 12.00 feet to the actual point of beginning of the line to be described; South 76 degrees 24 minutes 57 seconds East a distance of 698.27 feet to the westerl� right of way line of T. H. No. 61 and said line there temunating. Said temporary easement to expire on September i, 1998. . . .�xh�blf .�3 ��-I �a.5 Saint Paul Parks and Recreation Commission �� RESOLUTION WHER.EAS, the Saint Paul Parks and Recreation Commission is zn appointed body to advise the Mayor and City Council on lon�-range and city-wide matters related to pazks and zecreation, �.nd VJHEREAS, MetropoIitan Council Environmental Services (MCES) has requesied certain easements through Battle Creek Re�ional Pazk to replzce a failing section of the Battle Creek Siphon sanitary sewer, and WHEREAS, MCES must compensate the City for said easements under the provisions of the City Ch�er Section 13.01.1, diversion of pazk property, «HEREAS, the P�;ks and Recreation Commission hzs reviewed the MCES easement rzquest and project plans 2zd understands the necessiry of proceedin� with said sew•er repi2cement, ?�0�'J THEREFORE�E IT RESOLVED, thai the Pazks and Recreation Commission concurs ti�ith MCES proposed easements, subject to the provisions of the City Chzrier Section 13.01.1 and the folloti��in� five conditions. That there will be no construction acti�•ity south of ihe existin� easement, to protect Battle Creek. (This is consistent with MCES construction documents) 2. 3. 4. 5. That tree removal be kept to a minimum, and all trees that ue removed be disposed of off-site. That the construction site's topography be restored to its original elevations following construction. That the site be revegetated following construction. That the City has the right to review and approve revegetatiori plans. Adopted by the Saint Paul Parks and Recreation Commission: Date �� 9 97 Approved: Yeas: t�ays: � � '• Absent: � � Z 9 Saint � � � paul Parks and Recrea�ion Commission 300 C�ty Hzll Annex, 25 W. 4th Sffect, Saint Paul, MN 55102 -- 612R66-6400 Apri116, 1947 To: Mayor Norm Colemaa City Council President Dave Thune Councilmember Jerry Blakey CounGilmember Michael Haris Counciimember Roberta Megz�d Councilmember Janice Rettman Counciimember Daniel Bostrom � � Councilmember Gladys Morton From: Jill Dznner, Chair Saint Paul Pazks and Recreation Commission Subject: TransmiYzl of Parks as�d Recreation Commission Resolution Attached is a Pazks and Recreation Commission Resolution adopted on Apri19. Resolution (97-2), concur,ing v.iih the Metropolitan Councii Er.vironmentzl Services proposal for easemenu through Battle Creek Region�l Park, subject to the provisions of the City Charter, Section 13.01.1 and other conditions. If you have any questions about the attached resolution or any other aspect of Pazk Commission business, please contact Mil:e Hahm at�266-6444. JD/mh cc: ' luan Ortiz � � Scott Denz - Metropolitan Council Saint Paul YarL•s and Recreatioa Commissioners: )il! Danncr, Chairperson; Tcrrcnce Huntrods, Vicc-Chairperson L'u Andcrson, }Ccnnctb Mautr, John O'Halioran, Altin Paulson, Phil Ravi¢ky, Karcn Sl.iv'ua, Xang Vang q�-� a�s Interdepartmental Memorandum CITY OF SAINT PAUL ��.. --- s . . ��r ;�s ;�-: To: All Council Members From: Peter White � Right of Way Engineer 140 City Hall Date: September 9 1997 .. ��.W? ��z,. �X�3�'aI��O� : > ��T� i��'s•. ��,�'s� �� h^,�� :a54 .:a ...v : .,.., s�..:fi I recommend a public hearing before the Ciry Council be held on '0�'ab � L;,��: The purpose of this easement conveyance is to improve an existing storm sewer for the Metropolitan Council Environmental Services (fka MWCC). This property is located in City Council District �, Planning District �; cc: Fran Swanson (MCFSease. mnt) -�- � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Returu copy to: (JAO) Real Estate Division 140 City Hall RESOLUTION _ CITY OF SAINT PAUL, MINNESOTA `f ��+ Presented By-��.��'L'.� In...,J� Referred To CouucIl File 1f . � Green Sheet {{ 40022 y5 Cominittee: Date WHEREAS, a sanitary sewer owned and maintained by the Metropolitan Council Environmental Services (MCES, flca MWCC) exists on City parkland in Battle Creek Regional Park; and WFIEREAS, in order for the MCES to reconstruct and maintain its sanitary sewer permanent and temporary easements are needed as described in the Easement agreement in Exhibit "A"; and WHEREAS, the City of Saint Paul Department of Parks agrees with this request for said easements as outlined in Saint Paul Parks & Recreation Commission Resolution 1{ 97-2, a copy of which is attached hereto; so TI�REFORE BE TT RESOLVED, that the proper City officials are hereby authorized and directed to accept the attached Easement agreement; and that the MCES their successors and assigns, by acceptance of the terms and condition of this resolution, agree to identify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this easement or MCES use of this properry, including, but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims of liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees; and FIJIt1'HER RESOLVED, that compensation, for said easements, in the amount of One Thousand Seven Hundred Dollars ($1,700) be deposited into the Parkland Replacement Fund 720, Activity Code 50087-?306-330 and held in reserve for purchase of Park properties as required in Chapter 13.01.1 of the City Charter, the above mentioned amount being a fair and reasonable value as determined by an independent appraiser; and a�-� aas 2 3 4 5 6 7 8 FURTHER RESOLVED, that reimbursement, by MCES, for independent appraisal services retained by the City of Saint Paul's Real Estate Division be deposited in Fund 001, Activity 01300-0513. Requested by Department of: Adopted by Council: Date O�-. \ �\ Adoptio Certified by Council Secretary BY� �- � _ Ps ,,,,. Approved by Mayo Date (X (�� By: Technolog,v & Management Services BY�� C�//�i1n,7��Q/,�t�7�cCc�9n"' Director � Form Approved by City Attorney B � �//j,��,,,, �l - 27 -� � Approved by Mayor for Submission to Council B y� �e�L��L � T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 40022 � Z CPAAT�ffMDIX[CfOR 4 GIiYGroVNCR ntad Person and Phone Nwnber: —' 1 ��rrowacv 5 crrvc��k ETERWI3ITE/NANORTIZ 2(1�885� ��xTOa .��+�'.�� 3 roarox�rnscv+SJ 6 'rz�.sMCr.mvc�av..U.tsrwieruo� ust be m Camc�7 enda by: OTAL N OF SIGNATURE PAGES (CLIP ALL IACATIONS FOR S[GNATURE) CfION REQUF_SfED: ccept Easement Agreement: City (Parks) to Metropolitan Councii Environmentai Services (MCES�. w�mwwnors:wrrxove�e�oewcctm� ERSONAL SERVICE CONTRACTS M[1ST ANSWER THE FOLL04VING: eumm+cmn�.morc � sc�ee 1. Has [he persoNfirm ever worked under a conttact for this deparhnent? YES NO rna sea�.ce cow�ms�o� , Has this person/f rm ever been a Gty employee? YES NO � ro . Does tltis person/firm �wssess a sldll not normaRy possessed by any Esplain all YES answers on a sc rate sheet and attach. SUPPORTS WHICH COUNCIL O&TECTIVE? COUNCIL WARD(S� 7 DISfRICT PLANNING COUNCIL � NITIATING PROBLEM, ISSCJE, OPPORTUNII'P (4Vhq Whnt, When, Whem, Why?): The MCES needs to reconstruct and maintain it existing sanitary sewer. ADVANTAGES IF APPROVEA: Said sanitary sewer will be maintained. ��'�� °= � ,. •� s DISADVANTAGESIFAPPROVED: �"`'=Y � �£� ncumbrance to property. ��"� � � �� .� . � � �;� ' ISADVANTAGESIFNOT APPROVED: �,� „� a � �' �1 ��u ,�� Fsa xisting sewer could become deteriorated and cause damage to parkland OTAL AMOUNT OF TRANSACTION: $1�700 COSflREVENUG BUDGETED (CIRCLE ONE) YES NO FUt�'DING SOURCE: MCES to pay damages to Park Fuud. AcTivirY �sEx: ��e�u:; ,� ��:4�� i � ANCIAL INFORMATION: (BXPLAI� ' ° ` .. a�� ``°`"� G J E.3J� � Abstract EASENIENT THIS INSTRUMENT, made this day of �� t � �;� :�r �'� q�-1� , 19 _ , by and between the City of Saint Paul, A Minnesota Municipal Corporation, Grantor, and the Metropolitan Council, a public corporation and political subdivision of the state, Grantee; WITNESSETH, that Grantor, in consideration of One Dollar and other good and valuable consideration to it in hand paid by Grantee, the receipt of which is hereby; a�l�irowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and �s"signs, the following described easements for sanitary sewer and utility purposes: �� R (See Exhibit A, attached and Made Part Hereo� The above described easements include the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights �ranted herein including the right to enter the easements for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removin� said sewer and utilities, subject to those conditions set forth in Resolution 97-2 of the Saint Paul Parks and Recreation Commission, which is attached hereto and incorporated herein as Reference (Exhibit B). Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind, either above or below the surface, or stockpile soils, construction debris, or construction equipment, or change the grade thereof, without the express written permission of the Grantee. r-�=°;� � � �—�__- e °. - - U��, <� — ,�""� --_, -I- q�•��zs Notwithstandiag the aforementioned provision, the foll"owing improvements by Grantor, iu heirs, successors and assi�s du not require Grantee s written approval: fences, parldng lots, street and/or roadways, landscaping, bushes, shrubs. However, Grantor hereby agrees u�at Grantee w�ill not be responsible ior and w�ll not pay for the loss of or any damage to, or replace or restore the following items within t�e easement area: trees, shrubs, bushes or other plantings, other than grass or sod, fences. Granto: covenants that it is the Own�r and is in possession of the above described premises and has lawful ri,,aht and authority to convey and grant the easements described herein. TN WIT'NESS WHEREOF, tne said Grantor has caused this Easernent to be executed - - --� as ofthe date noted above. City of St. Paul A h�innesota Municipal Corporation �� By � � Its � -2- � Gl� -1'� STATE OF COUNTY OF } } ss } On the day of , 19_� before me a notary public within and for said County, personally appeared , respecdve:y, r,amed in :he foregoing ' :,_ instrument, snd that said instrument was signed on behalf of said City o; St. Paul, A,vL Municipal Corporation, by authority of its City Council, and said City Council aclmowledged -.. said instrument to be the free act and deed of said City of St. Paul. - Notary Public DRAFTED BY: Carol7ohnson, SR/WA Real Estate Specialist Metropolitan Council 230 East Fifth Street Mears Pazk Centre St. Paul, Mmnesota 55101 (612)229-2147 APPROVED AS TO FORM BY: Jeanne K. Mavoss, Attomey License No. 68615 -3- q�-laas Exhibit A Parcel No. 1 Property Description: Tha; part westerly of F�ighway 61 and Northerly of the right-of-v�ay o.` the Chicago, Bu:lingt�n and Quincy P.ailroad of the Southeast 1/4 of Section 3, Towciship 28, Range 22, containir.g 22.61 acres, more or less, according to the govemment survey thereoF also, all of Blocks 24 and 35, Town of Lower St. Paul, according to the recarded plat thereof on file and ofrecord in the office of the Re�ister ofDeeds ofRamsey County, Nfinnesota. Easement D�scription: A permanent easement for sanitary sewer purposes over, under and across the above described property. Said permanent easement being between 1�.00 and 40.00 feet to the left of the following described line: Commencing at the southwest corner of the Southeas*. Quarter of said Section 3; t�ence on an assumed bearing ofNorth 00 degrees 37 minutes 35 seconds West along the west line of said Southeast Quarter a distance of 1202.48 feet; thence North 30 degrees 16 minutes 56 secor.ds East a distance of 175.53 feet; thence North 76 degrees 24 minutes 57 seconds West z distar.ce of 12.00 feet to the actual point of beginning of the line to be described; South 76 degrees 24 minutes 57 seconds East a distance of 698 27 feet to the westerly right of way line of T. H. No. 61 and said line tnere terminating. Also, a teznporary easement for construction purposes over the first above described property being between 40.00 and 65.00 feat to the left of the following described line: Commencing at the southwest comer of the Southeast Quarter of said Section 3; thence on an assumed bearing ofNorth 00 deerees 37 minutes 35 seconds West along the west line of said Southeast Quarter a distance of 1202.48 feet; thence North 30 degrees 16 minutes 56 seconds East a distance of 175.53 feet; thence North 76 degrees 24 minutes 57 seconds West a distance of 12.00 feet to the actual point of beginning of the line to be described; South 76 degrees 24 minutes 57 seconds East a distance of 698.27 feet to the westerl� right of way line of T. H. No. 61 and said line there temunating. Said temporary easement to expire on September i, 1998. . . .�xh�blf .�3 ��-I �a.5 Saint Paul Parks and Recreation Commission �� RESOLUTION WHER.EAS, the Saint Paul Parks and Recreation Commission is zn appointed body to advise the Mayor and City Council on lon�-range and city-wide matters related to pazks and zecreation, �.nd VJHEREAS, MetropoIitan Council Environmental Services (MCES) has requesied certain easements through Battle Creek Re�ional Pazk to replzce a failing section of the Battle Creek Siphon sanitary sewer, and WHEREAS, MCES must compensate the City for said easements under the provisions of the City Ch�er Section 13.01.1, diversion of pazk property, «HEREAS, the P�;ks and Recreation Commission hzs reviewed the MCES easement rzquest and project plans 2zd understands the necessiry of proceedin� with said sew•er repi2cement, ?�0�'J THEREFORE�E IT RESOLVED, thai the Pazks and Recreation Commission concurs ti�ith MCES proposed easements, subject to the provisions of the City Chzrier Section 13.01.1 and the folloti��in� five conditions. That there will be no construction acti�•ity south of ihe existin� easement, to protect Battle Creek. (This is consistent with MCES construction documents) 2. 3. 4. 5. That tree removal be kept to a minimum, and all trees that ue removed be disposed of off-site. That the construction site's topography be restored to its original elevations following construction. That the site be revegetated following construction. That the City has the right to review and approve revegetatiori plans. Adopted by the Saint Paul Parks and Recreation Commission: Date �� 9 97 Approved: Yeas: t�ays: � � '• Absent: � � Z 9 Saint � � � paul Parks and Recrea�ion Commission 300 C�ty Hzll Annex, 25 W. 4th Sffect, Saint Paul, MN 55102 -- 612R66-6400 Apri116, 1947 To: Mayor Norm Colemaa City Council President Dave Thune Councilmember Jerry Blakey CounGilmember Michael Haris Counciimember Roberta Megz�d Councilmember Janice Rettman Counciimember Daniel Bostrom � � Councilmember Gladys Morton From: Jill Dznner, Chair Saint Paul Pazks and Recreation Commission Subject: TransmiYzl of Parks as�d Recreation Commission Resolution Attached is a Pazks and Recreation Commission Resolution adopted on Apri19. Resolution (97-2), concur,ing v.iih the Metropolitan Councii Er.vironmentzl Services proposal for easemenu through Battle Creek Region�l Park, subject to the provisions of the City Charter, Section 13.01.1 and other conditions. If you have any questions about the attached resolution or any other aspect of Pazk Commission business, please contact Mil:e Hahm at�266-6444. JD/mh cc: ' luan Ortiz � � Scott Denz - Metropolitan Council Saint Paul YarL•s and Recreatioa Commissioners: )il! Danncr, Chairperson; Tcrrcnce Huntrods, Vicc-Chairperson L'u Andcrson, }Ccnnctb Mautr, John O'Halioran, Altin Paulson, Phil Ravi¢ky, Karcn Sl.iv'ua, Xang Vang q�-� a�s Interdepartmental Memorandum CITY OF SAINT PAUL ��.. --- s . . ��r ;�s ;�-: To: All Council Members From: Peter White � Right of Way Engineer 140 City Hall Date: September 9 1997 .. ��.W? ��z,. �X�3�'aI��O� : > ��T� i��'s•. ��,�'s� �� h^,�� :a54 .:a ...v : .,.., s�..:fi I recommend a public hearing before the Ciry Council be held on '0�'ab � L;,��: The purpose of this easement conveyance is to improve an existing storm sewer for the Metropolitan Council Environmental Services (fka MWCC). This property is located in City Council District �, Planning District �; cc: Fran Swanson (MCFSease. mnt) -�- � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Returu copy to: (JAO) Real Estate Division 140 City Hall RESOLUTION _ CITY OF SAINT PAUL, MINNESOTA `f ��+ Presented By-��.��'L'.� In...,J� Referred To CouucIl File 1f . � Green Sheet {{ 40022 y5 Cominittee: Date WHEREAS, a sanitary sewer owned and maintained by the Metropolitan Council Environmental Services (MCES, flca MWCC) exists on City parkland in Battle Creek Regional Park; and WFIEREAS, in order for the MCES to reconstruct and maintain its sanitary sewer permanent and temporary easements are needed as described in the Easement agreement in Exhibit "A"; and WHEREAS, the City of Saint Paul Department of Parks agrees with this request for said easements as outlined in Saint Paul Parks & Recreation Commission Resolution 1{ 97-2, a copy of which is attached hereto; so TI�REFORE BE TT RESOLVED, that the proper City officials are hereby authorized and directed to accept the attached Easement agreement; and that the MCES their successors and assigns, by acceptance of the terms and condition of this resolution, agree to identify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons, or property on account of this easement or MCES use of this properry, including, but not limited to a claim brought because of any act of omission, neglect, or misconduct of said petitioner or because of any claims of liability arising from any violation of any law or regulation made in accordance with the law, whether by the petitioner or any of its agents or employees; and FIJIt1'HER RESOLVED, that compensation, for said easements, in the amount of One Thousand Seven Hundred Dollars ($1,700) be deposited into the Parkland Replacement Fund 720, Activity Code 50087-?306-330 and held in reserve for purchase of Park properties as required in Chapter 13.01.1 of the City Charter, the above mentioned amount being a fair and reasonable value as determined by an independent appraiser; and a�-� aas 2 3 4 5 6 7 8 FURTHER RESOLVED, that reimbursement, by MCES, for independent appraisal services retained by the City of Saint Paul's Real Estate Division be deposited in Fund 001, Activity 01300-0513. Requested by Department of: Adopted by Council: Date O�-. \ �\ Adoptio Certified by Council Secretary BY� �- � _ Ps ,,,,. Approved by Mayo Date (X (�� By: Technolog,v & Management Services BY�� C�//�i1n,7��Q/,�t�7�cCc�9n"' Director � Form Approved by City Attorney B � �//j,��,,,, �l - 27 -� � Approved by Mayor for Submission to Council B y� �e�L��L � T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 40022 � Z CPAAT�ffMDIX[CfOR 4 GIiYGroVNCR ntad Person and Phone Nwnber: —' 1 ��rrowacv 5 crrvc��k ETERWI3ITE/NANORTIZ 2(1�885� ��xTOa .��+�'.�� 3 roarox�rnscv+SJ 6 'rz�.sMCr.mvc�av..U.tsrwieruo� ust be m Camc�7 enda by: OTAL N OF SIGNATURE PAGES (CLIP ALL IACATIONS FOR S[GNATURE) CfION REQUF_SfED: ccept Easement Agreement: City (Parks) to Metropolitan Councii Environmentai Services (MCES�. w�mwwnors:wrrxove�e�oewcctm� ERSONAL SERVICE CONTRACTS M[1ST ANSWER THE FOLL04VING: eumm+cmn�.morc � sc�ee 1. Has [he persoNfirm ever worked under a conttact for this deparhnent? YES NO rna sea�.ce cow�ms�o� , Has this person/f rm ever been a Gty employee? YES NO � ro . Does tltis person/firm �wssess a sldll not normaRy possessed by any Esplain all YES answers on a sc rate sheet and attach. SUPPORTS WHICH COUNCIL O&TECTIVE? COUNCIL WARD(S� 7 DISfRICT PLANNING COUNCIL � NITIATING PROBLEM, ISSCJE, OPPORTUNII'P (4Vhq Whnt, When, Whem, Why?): The MCES needs to reconstruct and maintain it existing sanitary sewer. ADVANTAGES IF APPROVEA: Said sanitary sewer will be maintained. ��'�� °= � ,. •� s DISADVANTAGESIFAPPROVED: �"`'=Y � �£� ncumbrance to property. ��"� � � �� .� . � � �;� ' ISADVANTAGESIFNOT APPROVED: �,� „� a � �' �1 ��u ,�� Fsa xisting sewer could become deteriorated and cause damage to parkland OTAL AMOUNT OF TRANSACTION: $1�700 COSflREVENUG BUDGETED (CIRCLE ONE) YES NO FUt�'DING SOURCE: MCES to pay damages to Park Fuud. AcTivirY �sEx: ��e�u:; ,� ��:4�� i � ANCIAL INFORMATION: (BXPLAI� ' ° ` .. a�� ``°`"� G J E.3J� � Abstract EASENIENT THIS INSTRUMENT, made this day of �� t � �;� :�r �'� q�-1� , 19 _ , by and between the City of Saint Paul, A Minnesota Municipal Corporation, Grantor, and the Metropolitan Council, a public corporation and political subdivision of the state, Grantee; WITNESSETH, that Grantor, in consideration of One Dollar and other good and valuable consideration to it in hand paid by Grantee, the receipt of which is hereby; a�l�irowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and �s"signs, the following described easements for sanitary sewer and utility purposes: �� R (See Exhibit A, attached and Made Part Hereo� The above described easements include the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights �ranted herein including the right to enter the easements for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removin� said sewer and utilities, subject to those conditions set forth in Resolution 97-2 of the Saint Paul Parks and Recreation Commission, which is attached hereto and incorporated herein as Reference (Exhibit B). Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind, either above or below the surface, or stockpile soils, construction debris, or construction equipment, or change the grade thereof, without the express written permission of the Grantee. r-�=°;� � � �—�__- e °. - - U��, <� — ,�""� --_, -I- q�•��zs Notwithstandiag the aforementioned provision, the foll"owing improvements by Grantor, iu heirs, successors and assi�s du not require Grantee s written approval: fences, parldng lots, street and/or roadways, landscaping, bushes, shrubs. However, Grantor hereby agrees u�at Grantee w�ill not be responsible ior and w�ll not pay for the loss of or any damage to, or replace or restore the following items within t�e easement area: trees, shrubs, bushes or other plantings, other than grass or sod, fences. Granto: covenants that it is the Own�r and is in possession of the above described premises and has lawful ri,,aht and authority to convey and grant the easements described herein. TN WIT'NESS WHEREOF, tne said Grantor has caused this Easernent to be executed - - --� as ofthe date noted above. City of St. Paul A h�innesota Municipal Corporation �� By � � Its � -2- � Gl� -1'� STATE OF COUNTY OF } } ss } On the day of , 19_� before me a notary public within and for said County, personally appeared , respecdve:y, r,amed in :he foregoing ' :,_ instrument, snd that said instrument was signed on behalf of said City o; St. Paul, A,vL Municipal Corporation, by authority of its City Council, and said City Council aclmowledged -.. said instrument to be the free act and deed of said City of St. Paul. - Notary Public DRAFTED BY: Carol7ohnson, SR/WA Real Estate Specialist Metropolitan Council 230 East Fifth Street Mears Pazk Centre St. Paul, Mmnesota 55101 (612)229-2147 APPROVED AS TO FORM BY: Jeanne K. Mavoss, Attomey License No. 68615 -3- q�-laas Exhibit A Parcel No. 1 Property Description: Tha; part westerly of F�ighway 61 and Northerly of the right-of-v�ay o.` the Chicago, Bu:lingt�n and Quincy P.ailroad of the Southeast 1/4 of Section 3, Towciship 28, Range 22, containir.g 22.61 acres, more or less, according to the govemment survey thereoF also, all of Blocks 24 and 35, Town of Lower St. Paul, according to the recarded plat thereof on file and ofrecord in the office of the Re�ister ofDeeds ofRamsey County, Nfinnesota. Easement D�scription: A permanent easement for sanitary sewer purposes over, under and across the above described property. Said permanent easement being between 1�.00 and 40.00 feet to the left of the following described line: Commencing at the southwest corner of the Southeas*. Quarter of said Section 3; t�ence on an assumed bearing ofNorth 00 degrees 37 minutes 35 seconds West along the west line of said Southeast Quarter a distance of 1202.48 feet; thence North 30 degrees 16 minutes 56 secor.ds East a distance of 175.53 feet; thence North 76 degrees 24 minutes 57 seconds West z distar.ce of 12.00 feet to the actual point of beginning of the line to be described; South 76 degrees 24 minutes 57 seconds East a distance of 698 27 feet to the westerly right of way line of T. H. No. 61 and said line tnere terminating. Also, a teznporary easement for construction purposes over the first above described property being between 40.00 and 65.00 feat to the left of the following described line: Commencing at the southwest comer of the Southeast Quarter of said Section 3; thence on an assumed bearing ofNorth 00 deerees 37 minutes 35 seconds West along the west line of said Southeast Quarter a distance of 1202.48 feet; thence North 30 degrees 16 minutes 56 seconds East a distance of 175.53 feet; thence North 76 degrees 24 minutes 57 seconds West a distance of 12.00 feet to the actual point of beginning of the line to be described; South 76 degrees 24 minutes 57 seconds East a distance of 698.27 feet to the westerl� right of way line of T. H. No. 61 and said line there temunating. Said temporary easement to expire on September i, 1998. . . .�xh�blf .�3 ��-I �a.5 Saint Paul Parks and Recreation Commission �� RESOLUTION WHER.EAS, the Saint Paul Parks and Recreation Commission is zn appointed body to advise the Mayor and City Council on lon�-range and city-wide matters related to pazks and zecreation, �.nd VJHEREAS, MetropoIitan Council Environmental Services (MCES) has requesied certain easements through Battle Creek Re�ional Pazk to replzce a failing section of the Battle Creek Siphon sanitary sewer, and WHEREAS, MCES must compensate the City for said easements under the provisions of the City Ch�er Section 13.01.1, diversion of pazk property, «HEREAS, the P�;ks and Recreation Commission hzs reviewed the MCES easement rzquest and project plans 2zd understands the necessiry of proceedin� with said sew•er repi2cement, ?�0�'J THEREFORE�E IT RESOLVED, thai the Pazks and Recreation Commission concurs ti�ith MCES proposed easements, subject to the provisions of the City Chzrier Section 13.01.1 and the folloti��in� five conditions. That there will be no construction acti�•ity south of ihe existin� easement, to protect Battle Creek. (This is consistent with MCES construction documents) 2. 3. 4. 5. That tree removal be kept to a minimum, and all trees that ue removed be disposed of off-site. That the construction site's topography be restored to its original elevations following construction. That the site be revegetated following construction. That the City has the right to review and approve revegetatiori plans. Adopted by the Saint Paul Parks and Recreation Commission: Date �� 9 97 Approved: Yeas: t�ays: � � '• Absent: � � Z 9 Saint � � � paul Parks and Recrea�ion Commission 300 C�ty Hzll Annex, 25 W. 4th Sffect, Saint Paul, MN 55102 -- 612R66-6400 Apri116, 1947 To: Mayor Norm Colemaa City Council President Dave Thune Councilmember Jerry Blakey CounGilmember Michael Haris Counciimember Roberta Megz�d Councilmember Janice Rettman Counciimember Daniel Bostrom � � Councilmember Gladys Morton From: Jill Dznner, Chair Saint Paul Pazks and Recreation Commission Subject: TransmiYzl of Parks as�d Recreation Commission Resolution Attached is a Pazks and Recreation Commission Resolution adopted on Apri19. Resolution (97-2), concur,ing v.iih the Metropolitan Councii Er.vironmentzl Services proposal for easemenu through Battle Creek Region�l Park, subject to the provisions of the City Charter, Section 13.01.1 and other conditions. If you have any questions about the attached resolution or any other aspect of Pazk Commission business, please contact Mil:e Hahm at�266-6444. JD/mh cc: ' luan Ortiz � � Scott Denz - Metropolitan Council Saint Paul YarL•s and Recreatioa Commissioners: )il! Danncr, Chairperson; Tcrrcnce Huntrods, Vicc-Chairperson L'u Andcrson, }Ccnnctb Mautr, John O'Halioran, Altin Paulson, Phil Ravi¢ky, Karcn Sl.iv'ua, Xang Vang q�-� a�s Interdepartmental Memorandum CITY OF SAINT PAUL ��.. --- s . . ��r ;�s ;�-: To: All Council Members From: Peter White � Right of Way Engineer 140 City Hall Date: September 9 1997 .. ��.W? ��z,. �X�3�'aI��O� : > ��T� i��'s•. ��,�'s� �� h^,�� :a54 .:a ...v : .,.., s�..:fi I recommend a public hearing before the Ciry Council be held on '0�'ab � L;,��: The purpose of this easement conveyance is to improve an existing storm sewer for the Metropolitan Council Environmental Services (fka MWCC). This property is located in City Council District �, Planning District �; cc: Fran Swanson (MCFSease. mnt) -�- � �