98-1141lieturn copy to:
Real Estate Division
140 City Hall
Presented By
Referred To
Committee: Date
Whereas, Chris Winter of Real Estate Equities, as documented in a letter to the Technology and Management
Department, has requested a roadway easement near Clazence Street and E. Maryland Avenue, for the Phalen
Townhomes Project, so therefore
2 BE IT RESOLVED, that the City of Saint Paul, Grantor, grants and conveys to Lake Phalen Townhomes
3 LLC, Grantee, their successors and assigns an easement for access purposes over and across the property
4 described as follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
That part of Outlot B, JESCO PHALEN PLAT i, lying southerly and southeasterly of the following
described line :
Commencing at the southeast corner of said Outlot B; thence on the assumed beazing of North 0
degrees 11 minutes 57 seconds West a distance of 68.40 feet to the beginning of the line to be
described; thence South 89 degrees 48 minutes 03 seconds West a distance of 4.03 feet; thence
along a tangential curve concave southeasterly having a radius of 100.00 feet an included angle of
13 degrees 58 minu[es 46 seconds a distance of 24.40 feet; thence South 75 degrees 49 minutes 17
seconds West a distance of 35.47 feet; thence along a tangential curve concave northerly having a
radius of 350.00 feet an included angle of 14 degrees 10 minutes 31 seconds a distance of 86.59
feet; thence South 89 degrees 59 minutes 48 seconds West a distance of 78.49 feet; thence along a
tangential curve concave southeasterly having a radius of 55.00 feet to the south line of said
Outlet B and there said line terminates.
23 This easement shall be subject to the terms and conditions below :
24
25
26 A) That the Grantees their successors and assigns, by acceptance of these easement rights, agree to
27 indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits,
28 actions or claims of any character brought as a result of injuries or damages received or sustained by any
29 person, persons, or property on account of these easement rights or use of this property, including, but
30 not limited to a claim brought because of any act of omission, neglect, or misconduct of said grantee or
31 because of any claims of liability arising from any violation of any law or regulation made in accordance
oR��tNA�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # � 8 ���� t
Green Sheet # 63103
��
32 with the law, whether by [he grantee or any of its agents or employees.
33
qK-!!y I
1 B) That the Grantees, their successors, and assigns, by acceptance of these easement rights, agree to
2 dedicate an easement for street right-of-way purposes on the south 10 feet of Lots 7, 8, 9,and 10 of
3 Block 2 of Brenner Addition No 2, for future widening of Maryland Avenue.
4
5 C) That the Grantees, their successors, and assigns, by acceptance of these easement rights, agree that
6 driveway construction or any other type of construction shall not be permitted within any designated
7 wetland.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Requested by Departmen[ of:
TechnoloQV & ManaQe Services
By: \ //� �'h��✓�i rr�
Director
Form Appr ed by City Attomey
$y: �UL/a�v+^�� �,����1�
�`_
T.M.S./REAL ESTAT'E DIVISION
oatact Persoa aad Phona 23i�ber:
Peter White 266-8850
[ost be on Cooncil Agenda by:
[ust be in Council Research Office
v noon on FYidav
Date: 12/7/98
BPARTMENI DI:
1 ITY ATPORNSY
UOGEI'DIREGTOR
3 YONIOR,VSSUTA�
�i
Green Sheet Number:
CODNCIL
n.2ar
63103
'ION REQUESTED:
the City of St. Paul grant and convey a roadway easement to Lake Phalen Townhomes LLC that they
requested.
dMENDATtONS: APPROVE (A) OA RF,JECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
. Has the persodfirm ever worked under a contract for t6is depardnent? YES NO
PLANNDVG COMMISSION A STAFF
. Has this person/firm ever been a City employee? YES NO
CIVILSERVICECOMMISSION PublicHealth
. Does this person/Srm possess a slull not uormally possessed by any YES NO
current City employee?
CB WMMI91'F.E — Varao[Bldgs
Explain all YES answers on a separa[e sheet and attach.
CiATING PROBLEM, ISSL7E, OPPORT[JNITI (Who, What, When, Where, Why?):
order that 30 townhomes in the Phalen area get properly developed
APPROVED:
opment of 30 townhomes in the Phalen area.
5 IF APPROVED:
None
ADVANTAGES IF NOT APPROVED:
townhomes will not nroperlv be
AMOUNT OF TRANSACTION:
INFORMATION: (EXPLAIN)
�� s�.�
� 'f
COST/REVENIJE BUDGETED (CIftCI,E ONE)
ACTIVITY NI7MBER:
�vs'�a�i ��,�C��v� �Afji�r
DEC 14 199�
REGEIV��
DE� 101998
NIPYOR'S OFFICE
l7ob��[�71 ■
�
REAL ESTA.TE
325
ST
EQUITIES DEVELOPMBNT COMPANY
CEDAR STREET, SLTTB 400
PAUL, �ITNI�ASOTA 55101
FACSLMCLE TRANSMITTALSHEET
To: __ _ -... FT.OM:
ML PiCd CIIriS W1IILCi
cc
PAX NvMBFA.
266-8855
it3oNS NUMSER:
�
nars:
12/02/98
I+HONS NUME&R:
227-6925
FAX N��•DER�.
227-9001
Nur.mEx oP i�n�es,
Lake Phalen TownF►omes
❑ URGENT �F'OR REVIE91 ❑ PLL+aSE COMMENT ❑ PLLAS& REPLY Q PLERSE AECYCLE
NOTES/COMML'NTS:
Atrarhed is the si�ed Gcanc of Easements doavnent. Please review the infocmauon and call
me if ydu ha�e any questions or comments.
,.
i
�� /
��'/l�tl
if YOU DO NOT RLCEIVE eLi THE [+eGES,
PLEASE CaLL (G12) 227-G925.
biL'd S321If1D3 31Fi1S3 ld3a Wd9z�S0 86, z0 J3Q
a�-��y �
GRANT OF EASEMENTS
ISNO�V AL.L iVfEN BY TF�SE PRES�TS that for ;ood and valuuble consideratian, the
CITY OF SAINT PAUL M
corporarion, Graotor, does
hereby gtant and convey to �j�.E!e Y�r.CLPZfc� /DfiJYtlli�'t�'i. / L�C i
as the fee owaer, Cirantee. their successors and assigns, easement rights foz the bcnefit of the
following described properry;
Lot 1 truu 16, Block 2, Brenner Addirion No_ 2.
Subject co the following couditi�n:
That che Gr�ncees thcir snecessors and assi�s, by acceptance of these easement right5, agree to
indemnify, defend and save harmless the C9ty of S�unt Paul, its officers and employers fram all
snics, actions or elaims of any chazacter brought as a result of injuries or damagcs reeeived or
xustained by any person, persons, or properry on account of these easement rights or use of this
property, including, but not limited to a claim brougbt because of any act of omission, ncglec�, or
misconduct of said granice or beeause of any claims of liability arising from xny violation of any
law or regulation made in accordance with the law, whether by the o�ntee or any of its agen[s or
employees.
Thai Che Gtaatees, theiz successox�, and assigns, by acceptance of these easement rights, agree to
dedicate aa casement for street right-of-way purposes on thc south !0 feet of Lots 7, 8, 9,and 10
of Block 2 of Breaner Addition No 2, for future widening of Maryland Avenue.
That the Grantees, their successvrs, and a5signs, by acceptance of [hESC casemeni riglits, agree
that driveway cons[rucuon or any other type of conscrueiion shall noc be permitted within any
designated wetland.
Said easement rights :ue as follows:
An easement for driveway acces� purposes over and across that pxrt of Outlot B, JE5C0
PFIALEN PLAT l, lying soutberly and southeascerly of the following described line :
Com,mencing at the southeast comer of said Outlot B; thence oa the assum�d be�rin� of Nozth 0
degzees 11 minutes 57 secondS West a tlistance of 68.40 fect to the beginning of the line to be
described; tUence South 89 degrees 48 minutes 03 seconds West a discance of 4.03 feet; thence
along a tangential curve concave southeasterly having a radius of 100.00 feet an included an�le
of 13 degrees 58 minu[es 46 seconds a dis[.�tnce of 24.40 feet; thence South 75 de�rees 49 y
minutec 17 seconds West a ciiseance of 35.47 f¢et; thence along a ian�ential curve concave
noltherly having a radius of 350.00 feet an included angle of 14 dea ees 10 minutcs 3I scconds a
distaace of 86.59 £eet; thence South R9 degrees 59 minutes 48 seconds West a distanec of �8.49
feet; thence along a tangeptial curve concave southeasterly having u radius of SS.00 feet co [he
south line of said Outlet B and there said tine terminates.
waze:s� ee, es noN
£0i��z..d S3IlI(103 31Fi1S3 1b3� Wd9? :�0 86 � z0 �3QJN
I
��
.�
��-t�'il
IN WTTNESS WHEREOF. [he said grantor has caused this instrument to be duly
executed this day of ,19
By
Its
B
Its
By
Its
srnxr or- Nm�rr$sorA>
> ss.
courm or• xnr�sEY �
CTfY OF SAIl�IT PAUL> MiNNESOTA
The focegoing instcvmen� was aclmowledged before me this ._ day of
by
�
by
> i9
and
of tbe
Ciry of Saint Paul, Minnesota, a municipal corporation, on beh�ilf of said municipa] corpontion.
Notary Public
wdz0_ee es, e� noN
£0/NiE'd S3IlIf103 31b1S3 �b3?� WdGZ;SO 86., Z0 �3QH
£0'd 1d101
��- Hy�
IN WfINESS WHEREOF, the said grantee has caused this instrument to be duly
ezecuted this day of , 19
STATE OF MINi�TP.SOTA)
) ss_
COUNTXOFRAMSEY )
The foregoing instrument was acknowledged btfore �te this � day of '.1('1', , ,19 S� ,
by
by
by
and
of the
��u- �f/1",t�,:C.E'�� Dl�'i,n./[C�ri2D� , a rn[pontion, on bek�alf of said
co� oration.
~ � COLLEEN O. WARD •
� ' NO7ARYPUBUC-MINNESOiA �
4
. • P✓y Comm. Erd�es �Fan.37.200D
� ��
l i Notary Publxc
WdL0:E0 86. 0c AON
£��b/b_d
S3IlIf1�3 31d1S3 �Fi3?J WdLZ:TO 86. z0 �3QiN
�. ,
INTER-DEPARTMENTAL MEMO
CITY OF SAINT PAUL
Nomz Colemaa, Mayor
TO: Glenn Picha
St. Paul Real Estate
Room 140 City Hall
FROM: Linda Dickhu�
Public Work's Right-of-Way
800 City Hall Annex
DATE: September 3, 1998
RE: Request for driveway easement
for Phalen Townhomes across
Outlot B, Phalen Jesco Plat 1
DEPARTMENT OF PUBLIC WORKS
StacyM. Becker, Director �� `�' � I
l
The Department of Public Works has reviewed the above referenced request and has
no objections provided the following comments and/or requirements are included in
the easement agreement.
1. The property owner shall dedicate, for street right-of-way, the south 10 feet of their
property, for the future widening of Maryland Avenue.
2. In no way does the granting of this easement permit driveway construction or any
other type of construction within a designated wetland.
LD
cc: Tom Beach
Pete Gallagher
Sheri Pemberton
Paul St. Martin
AI Torstenson
Peter White
Larry Zangs
Responsive Services
• Quality Facilities • Employee Pride
� ',�
� �:�
ACCESS EASEMENT EXH181T
�,�-li�ll.
e = ao•�s'ss"
R � 58.00
S� a 77.35
�
� � T —
i
I
( ),
�_�,�
, .
<
�� ��
6 � 14'10'39'
� R = �50.00
S89'S9'48"W _ � L e 86.5� �
78.49
�c ^
< �)
`
� — SOU'i}I iJNE OF OU1L0T B
EAST UNE OF WiLOT 8�
/
�`� w � s��-
1
b = 13'S8°•
R c 100.00
� a 2a.4o
t
\
SWiHEASTERLY LlNE OF WTLOT B—.�
An area £or access easement purposes over and across that part of Outlot B, JPSCO PIiAi.EN
PLAT l, lying southerly and souiheasterly of the £ollowing 8escribed line:
Commencing at the southeast comer of said Outlot $; thence on an assumed bearing of
North 0 deb ees 11 minutas 57 seconds West a distance of 68.40 feet to the beginning of
the line to be described; thence South 89 degrees 48 minntes 03 seconds West a distance
of 4.d3 feet; thence along a tangential curve concave southeasterly having a zadius of
100.00 feet an included angle of 13 degrees 58 minutes 46 seconds a distance af 24.40
feet; thence South 75 degrees 44 minutes 17 seconds West a distanca of 35.47 feet;
thence along a tangential curve concave northerly having a radius o# 350.00 £eet an
included an;le of 24 degrees 10 minutes 31 seconds a distance of 86.59 feet; thence
South 89 degrees 59 minutes 48 seconds West a distance of 78.�}9 feet; thence along a
tangenraat curve concave southeasterZy having a zadius of 55.00 feet to Uze south line of
said Oudot B and tbeze said line terminates.
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMEN'I'
Pamela Wheelock, Drrector
CIT'Y OF SAII�IT PAUL
Norm Coleman, Mayor
July 21, 1998
Peter White
Real Estate Division
City of Saint Paul
Room 140 City HalUCourt House
St. Paul, MN. 55102
RE: Request for Driveway Easement
`
a�-»�,�
Telephone: 6l2-266-6626
Facsimile: 612-228-3341
=c 'Ert��t�
;; ,
� � U • ,y,;f.
:�;_. _„
��
;z ?^, rc ��,
� ; e�
Pursuant to our telephone conversation, you requested a letter regarding the easement that will be
necessary far driveway access far four (4) townhouse units to be built.
The Housing and Redevelopment Authority of the City of Saint Paul (HRA) is participating in
the development of Lake Phalen Townhomes (30 units of for sale townhomes). The site has
some constraints due to poor soil conditions. In order to m�imize the use of the site to the
greatest benefit of the neighborhood and City, and meet the objectives of the Phalen Village
Small Area Plan, it is being requested that the City consider entering into an Easement
Agreement for driveway use with Lake Phalen Townhomes, LLC. The easement would be over
the existing utility easement with public warks/sewer. The developer has talked with Peter
Gallagher, Public Works/Sewer and indicated no problems with a driveway easement over the
same easement location.
Attached is the legal description indicating the access easement as prepared by the surveyor.
understand that you will proceed to review this request and draft the necessary easement for
review.
If you have any questions, please do not hesitate to contact either Chris Winters of Lake Phalen
Townhomes at 227-6925 or me.
Sincerely,
Sheryl emberton-Hoi y
Project Manager
25 West Fourth Sbeet
Saint Paul, MIJ 55702
Enclosure
I.
� t, .
Page 2
July 21, 1998
Peter White
cc: Keith Jans, Real Estate Equities
Chris Winters, Real Estate Equities
Karen Swenson, North East Neighborhoods Development Corp.
`
�� -11'��.
° l ��- i l �i
SG1E iH sQi
�
� I Il'�LLIV VILLf1vL
PUBLIC IMPROVEMENTS
RIGHT OF WAY MAP
� PERMA�
PHALEN 41LLAG= �+�+.mm.. .rmsrw+...snv.,� FOR S
PUBLI� IMPROVEMENTS 'w� �
ox� mmm r.a�mrn
� M �� � S�OPE
,«.,
FA�1NG DR. a DRwG_ rvo. Joa2 �� ,
lieturn copy to:
Real Estate Division
140 City Hall
Presented By
Referred To
Committee: Date
Whereas, Chris Winter of Real Estate Equities, as documented in a letter to the Technology and Management
Department, has requested a roadway easement near Clazence Street and E. Maryland Avenue, for the Phalen
Townhomes Project, so therefore
2 BE IT RESOLVED, that the City of Saint Paul, Grantor, grants and conveys to Lake Phalen Townhomes
3 LLC, Grantee, their successors and assigns an easement for access purposes over and across the property
4 described as follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
That part of Outlot B, JESCO PHALEN PLAT i, lying southerly and southeasterly of the following
described line :
Commencing at the southeast corner of said Outlot B; thence on the assumed beazing of North 0
degrees 11 minutes 57 seconds West a distance of 68.40 feet to the beginning of the line to be
described; thence South 89 degrees 48 minutes 03 seconds West a distance of 4.03 feet; thence
along a tangential curve concave southeasterly having a radius of 100.00 feet an included angle of
13 degrees 58 minu[es 46 seconds a distance of 24.40 feet; thence South 75 degrees 49 minutes 17
seconds West a distance of 35.47 feet; thence along a tangential curve concave northerly having a
radius of 350.00 feet an included angle of 14 degrees 10 minutes 31 seconds a distance of 86.59
feet; thence South 89 degrees 59 minutes 48 seconds West a distance of 78.49 feet; thence along a
tangential curve concave southeasterly having a radius of 55.00 feet to the south line of said
Outlet B and there said line terminates.
23 This easement shall be subject to the terms and conditions below :
24
25
26 A) That the Grantees their successors and assigns, by acceptance of these easement rights, agree to
27 indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits,
28 actions or claims of any character brought as a result of injuries or damages received or sustained by any
29 person, persons, or property on account of these easement rights or use of this property, including, but
30 not limited to a claim brought because of any act of omission, neglect, or misconduct of said grantee or
31 because of any claims of liability arising from any violation of any law or regulation made in accordance
oR��tNA�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # � 8 ���� t
Green Sheet # 63103
��
32 with the law, whether by [he grantee or any of its agents or employees.
33
qK-!!y I
1 B) That the Grantees, their successors, and assigns, by acceptance of these easement rights, agree to
2 dedicate an easement for street right-of-way purposes on the south 10 feet of Lots 7, 8, 9,and 10 of
3 Block 2 of Brenner Addition No 2, for future widening of Maryland Avenue.
4
5 C) That the Grantees, their successors, and assigns, by acceptance of these easement rights, agree that
6 driveway construction or any other type of construction shall not be permitted within any designated
7 wetland.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Requested by Departmen[ of:
TechnoloQV & ManaQe Services
By: \ //� �'h��✓�i rr�
Director
Form Appr ed by City Attomey
$y: �UL/a�v+^�� �,����1�
�`_
T.M.S./REAL ESTAT'E DIVISION
oatact Persoa aad Phona 23i�ber:
Peter White 266-8850
[ost be on Cooncil Agenda by:
[ust be in Council Research Office
v noon on FYidav
Date: 12/7/98
BPARTMENI DI:
1 ITY ATPORNSY
UOGEI'DIREGTOR
3 YONIOR,VSSUTA�
�i
Green Sheet Number:
CODNCIL
n.2ar
63103
'ION REQUESTED:
the City of St. Paul grant and convey a roadway easement to Lake Phalen Townhomes LLC that they
requested.
dMENDATtONS: APPROVE (A) OA RF,JECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
. Has the persodfirm ever worked under a contract for t6is depardnent? YES NO
PLANNDVG COMMISSION A STAFF
. Has this person/firm ever been a City employee? YES NO
CIVILSERVICECOMMISSION PublicHealth
. Does this person/Srm possess a slull not uormally possessed by any YES NO
current City employee?
CB WMMI91'F.E — Varao[Bldgs
Explain all YES answers on a separa[e sheet and attach.
CiATING PROBLEM, ISSL7E, OPPORT[JNITI (Who, What, When, Where, Why?):
order that 30 townhomes in the Phalen area get properly developed
APPROVED:
opment of 30 townhomes in the Phalen area.
5 IF APPROVED:
None
ADVANTAGES IF NOT APPROVED:
townhomes will not nroperlv be
AMOUNT OF TRANSACTION:
INFORMATION: (EXPLAIN)
�� s�.�
� 'f
COST/REVENIJE BUDGETED (CIftCI,E ONE)
ACTIVITY NI7MBER:
�vs'�a�i ��,�C��v� �Afji�r
DEC 14 199�
REGEIV��
DE� 101998
NIPYOR'S OFFICE
l7ob��[�71 ■
�
REAL ESTA.TE
325
ST
EQUITIES DEVELOPMBNT COMPANY
CEDAR STREET, SLTTB 400
PAUL, �ITNI�ASOTA 55101
FACSLMCLE TRANSMITTALSHEET
To: __ _ -... FT.OM:
ML PiCd CIIriS W1IILCi
cc
PAX NvMBFA.
266-8855
it3oNS NUMSER:
�
nars:
12/02/98
I+HONS NUME&R:
227-6925
FAX N��•DER�.
227-9001
Nur.mEx oP i�n�es,
Lake Phalen TownF►omes
❑ URGENT �F'OR REVIE91 ❑ PLL+aSE COMMENT ❑ PLLAS& REPLY Q PLERSE AECYCLE
NOTES/COMML'NTS:
Atrarhed is the si�ed Gcanc of Easements doavnent. Please review the infocmauon and call
me if ydu ha�e any questions or comments.
,.
i
�� /
��'/l�tl
if YOU DO NOT RLCEIVE eLi THE [+eGES,
PLEASE CaLL (G12) 227-G925.
biL'd S321If1D3 31Fi1S3 ld3a Wd9z�S0 86, z0 J3Q
a�-��y �
GRANT OF EASEMENTS
ISNO�V AL.L iVfEN BY TF�SE PRES�TS that for ;ood and valuuble consideratian, the
CITY OF SAINT PAUL M
hereby gtant and convey to �j�.E!e Y�r.CLPZfc� /DfiJYtlli�'t�'i. / L�C i
as the fee owaer, Cirantee. their successors and assigns, easement rights foz the bcnefit of the
following described properry;
corporarion, Graotor, does
Lot 1 truu 16, Block 2, Brenner Addirion No_ 2.
Subject co the following couditi�n:
That che Gr�ncees thcir snecessors and assi�s, by acceptance of these easement right5, agree to
indemnify, defend and save harmless the C9ty of S�unt Paul, its officers and employers fram all
snics, actions or elaims of any chazacter brought as a result of injuries or damagcs reeeived or
xustained by any person, persons, or properry on account of these easement rights or use of this
property, including, but not limited to a claim brougbt because of any act of omission, ncglec�, or
misconduct of said granice or beeause of any claims of liability arising from xny violation of any
law or regulation made in accordance with the law, whether by the o�ntee or any of its agen[s or
employees.
Thai Che Gtaatees, theiz successox�, and assigns, by acceptance of these easement rights, agree to
dedicate aa casement for street right-of-way purposes on thc south !0 feet of Lots 7, 8, 9,and 10
of Block 2 of Breaner Addition No 2, for future widening of Maryland Avenue.
That the Grantees, their successvrs, and a5signs, by acceptance of [hESC casemeni riglits, agree
that driveway cons[rucuon or any other type of conscrueiion shall noc be permitted within any
designated wetland.
Said easement rights :ue as follows:
An easement for driveway acces� purposes over and across that pxrt of Outlot B, JE5C0
PFIALEN PLAT l, lying soutberly and southeascerly of the following described line :
Com,mencing at the southeast comer of said Outlot B; thence oa the assum�d be�rin� of Nozth 0
degzees 11 minutes 57 secondS West a tlistance of 68.40 fect to the beginning of the line to be
described; tUence South 89 degrees 48 minutes 03 seconds West a discance of 4.03 feet; thence
along a tangential curve concave southeasterly having a radius of 100.00 feet an included an�le
of 13 degrees 58 minu[es 46 seconds a dis[.�tnce of 24.40 feet; thence South 75 de�rees 49 y
minutec 17 seconds West a ciiseance of 35.47 f¢et; thence along a ian�ential curve concave
noltherly having a radius of 350.00 feet an included angle of 14 dea ees 10 minutcs 3I scconds a
distaace of 86.59 £eet; thence South R9 degrees 59 minutes 48 seconds West a distanec of �8.49
feet; thence along a tangeptial curve concave southeasterly having u radius of SS.00 feet co [he
south line of said Outlet B and there said tine terminates.
waze:s� ee, es noN
£0i��z..d S3IlI(103 31Fi1S3 1b3� Wd9? :�0 86 � z0 �3QJN
��-t�'il
IN WTTNESS WHEREOF. [he said grantor has caused this instrument to be duly
executed this day of ,19
By
Its
B
Its
By
Its
srnxr or- Nm�rr$sorA>
> ss.
courm or• xnr�sEY �
CTfY OF SAIl�IT PAUL> MiNNESOTA
The focegoing instcvmen� was aclmowledged before me this ._ day of
by
�
by
> i9
and
of tbe
Ciry of Saint Paul, Minnesota, a municipal corporation, on beh�ilf of said municipa] corpontion.
Notary Public
wdz0_ee es, e� noN
£0/NiE'd S3IlIf103 31b1S3 �b3?� WdGZ;SO 86., Z0 �3QH
£0'd 1d101
��- Hy�
IN WfINESS WHEREOF, the said grantee has caused this instrument to be duly
ezecuted this day of , 19
STATE OF MINi�TP.SOTA)
) ss_
COUNTXOFRAMSEY )
The foregoing instrument was acknowledged btfore �te this � day of '.1('1', , ,19 S� ,
by
by
by
and
of the
��u- �f/1",t�,:C.E'�� Dl�'i,n./[C�ri2D� , a rn[pontion, on bek�alf of said
co� oration.
~ � COLLEEN O. WARD •
� ' NO7ARYPUBUC-MINNESOiA �
4
. • P✓y Comm. Erd�es �Fan.37.200D
� ��
l i Notary Publxc
WdL0:E0 86. 0c AON
£��b/b_d
S3IlIf1�3 31d1S3 �Fi3?J WdLZ:TO 86. z0 �3QiN
�. ,
INTER-DEPARTMENTAL MEMO
CITY OF SAINT PAUL
Nomz Colemaa, Mayor
TO: Glenn Picha
St. Paul Real Estate
Room 140 City Hall
FROM: Linda Dickhu�
Public Work's Right-of-Way
800 City Hall Annex
DATE: September 3, 1998
RE: Request for driveway easement
for Phalen Townhomes across
Outlot B, Phalen Jesco Plat 1
DEPARTMENT OF PUBLIC WORKS
StacyM. Becker, Director �� `�' � I
l
The Department of Public Works has reviewed the above referenced request and has
no objections provided the following comments and/or requirements are included in
the easement agreement.
1. The property owner shall dedicate, for street right-of-way, the south 10 feet of their
property, for the future widening of Maryland Avenue.
2. In no way does the granting of this easement permit driveway construction or any
other type of construction within a designated wetland.
LD
cc: Tom Beach
Pete Gallagher
Sheri Pemberton
Paul St. Martin
AI Torstenson
Peter White
Larry Zangs
Responsive Services
• Quality Facilities • Employee Pride
� ',�
� �:�
ACCESS EASEMENT EXH181T
�,�-li�ll.
e = ao•�s'ss"
R � 58.00
S� a 77.35
�
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I
( ),
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, .
<
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6 � 14'10'39'
� R = �50.00
S89'S9'48"W _ � L e 86.5� �
78.49
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< �)
`
� — SOU'i}I iJNE OF OU1L0T B
EAST UNE OF WiLOT 8�
/
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1
b = 13'S8°•
R c 100.00
� a 2a.4o
t
\
SWiHEASTERLY LlNE OF WTLOT B—.�
An area £or access easement purposes over and across that part of Outlot B, JPSCO PIiAi.EN
PLAT l, lying southerly and souiheasterly of the £ollowing 8escribed line:
Commencing at the southeast comer of said Outlot $; thence on an assumed bearing of
North 0 deb ees 11 minutas 57 seconds West a distance of 68.40 feet to the beginning of
the line to be described; thence South 89 degrees 48 minntes 03 seconds West a distance
of 4.d3 feet; thence along a tangential curve concave southeasterly having a zadius of
100.00 feet an included angle of 13 degrees 58 minutes 46 seconds a distance af 24.40
feet; thence South 75 degrees 44 minutes 17 seconds West a distanca of 35.47 feet;
thence along a tangential curve concave northerly having a radius o# 350.00 £eet an
included an;le of 24 degrees 10 minutes 31 seconds a distance of 86.59 feet; thence
South 89 degrees 59 minutes 48 seconds West a distance of 78.�}9 feet; thence along a
tangenraat curve concave southeasterZy having a zadius of 55.00 feet to Uze south line of
said Oudot B and tbeze said line terminates.
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMEN'I'
Pamela Wheelock, Drrector
CIT'Y OF SAII�IT PAUL
Norm Coleman, Mayor
July 21, 1998
Peter White
Real Estate Division
City of Saint Paul
Room 140 City HalUCourt House
St. Paul, MN. 55102
RE: Request for Driveway Easement
`
a�-»�,�
Telephone: 6l2-266-6626
Facsimile: 612-228-3341
=c 'Ert��t�
;; ,
� � U • ,y,;f.
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��
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Pursuant to our telephone conversation, you requested a letter regarding the easement that will be
necessary far driveway access far four (4) townhouse units to be built.
The Housing and Redevelopment Authority of the City of Saint Paul (HRA) is participating in
the development of Lake Phalen Townhomes (30 units of for sale townhomes). The site has
some constraints due to poor soil conditions. In order to m�imize the use of the site to the
greatest benefit of the neighborhood and City, and meet the objectives of the Phalen Village
Small Area Plan, it is being requested that the City consider entering into an Easement
Agreement for driveway use with Lake Phalen Townhomes, LLC. The easement would be over
the existing utility easement with public warks/sewer. The developer has talked with Peter
Gallagher, Public Works/Sewer and indicated no problems with a driveway easement over the
same easement location.
Attached is the legal description indicating the access easement as prepared by the surveyor.
understand that you will proceed to review this request and draft the necessary easement for
review.
If you have any questions, please do not hesitate to contact either Chris Winters of Lake Phalen
Townhomes at 227-6925 or me.
Sincerely,
Sheryl emberton-Hoi y
Project Manager
25 West Fourth Sbeet
Saint Paul, MIJ 55702
Enclosure
I.
� t, .
Page 2
July 21, 1998
Peter White
cc: Keith Jans, Real Estate Equities
Chris Winters, Real Estate Equities
Karen Swenson, North East Neighborhoods Development Corp.
`
�� -11'��.
° l ��- i l �i
SG1E iH sQi
�
� I Il'�LLIV VILLf1vL
PUBLIC IMPROVEMENTS
RIGHT OF WAY MAP
� PERMA�
PHALEN 41LLAG= �+�+.mm.. .rmsrw+...snv.,� FOR S
PUBLI� IMPROVEMENTS 'w� �
ox� mmm r.a�mrn
� M �� � S�OPE
,«.,
FA�1NG DR. a DRwG_ rvo. Joa2 �� ,
lieturn copy to:
Real Estate Division
140 City Hall
Presented By
Referred To
Committee: Date
Whereas, Chris Winter of Real Estate Equities, as documented in a letter to the Technology and Management
Department, has requested a roadway easement near Clazence Street and E. Maryland Avenue, for the Phalen
Townhomes Project, so therefore
2 BE IT RESOLVED, that the City of Saint Paul, Grantor, grants and conveys to Lake Phalen Townhomes
3 LLC, Grantee, their successors and assigns an easement for access purposes over and across the property
4 described as follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
That part of Outlot B, JESCO PHALEN PLAT i, lying southerly and southeasterly of the following
described line :
Commencing at the southeast corner of said Outlot B; thence on the assumed beazing of North 0
degrees 11 minutes 57 seconds West a distance of 68.40 feet to the beginning of the line to be
described; thence South 89 degrees 48 minutes 03 seconds West a distance of 4.03 feet; thence
along a tangential curve concave southeasterly having a radius of 100.00 feet an included angle of
13 degrees 58 minu[es 46 seconds a distance of 24.40 feet; thence South 75 degrees 49 minutes 17
seconds West a distance of 35.47 feet; thence along a tangential curve concave northerly having a
radius of 350.00 feet an included angle of 14 degrees 10 minutes 31 seconds a distance of 86.59
feet; thence South 89 degrees 59 minutes 48 seconds West a distance of 78.49 feet; thence along a
tangential curve concave southeasterly having a radius of 55.00 feet to the south line of said
Outlet B and there said line terminates.
23 This easement shall be subject to the terms and conditions below :
24
25
26 A) That the Grantees their successors and assigns, by acceptance of these easement rights, agree to
27 indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits,
28 actions or claims of any character brought as a result of injuries or damages received or sustained by any
29 person, persons, or property on account of these easement rights or use of this property, including, but
30 not limited to a claim brought because of any act of omission, neglect, or misconduct of said grantee or
31 because of any claims of liability arising from any violation of any law or regulation made in accordance
oR��tNA�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # � 8 ���� t
Green Sheet # 63103
��
32 with the law, whether by [he grantee or any of its agents or employees.
33
qK-!!y I
1 B) That the Grantees, their successors, and assigns, by acceptance of these easement rights, agree to
2 dedicate an easement for street right-of-way purposes on the south 10 feet of Lots 7, 8, 9,and 10 of
3 Block 2 of Brenner Addition No 2, for future widening of Maryland Avenue.
4
5 C) That the Grantees, their successors, and assigns, by acceptance of these easement rights, agree that
6 driveway construction or any other type of construction shall not be permitted within any designated
7 wetland.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Requested by Departmen[ of:
TechnoloQV & ManaQe Services
By: \ //� �'h��✓�i rr�
Director
Form Appr ed by City Attomey
$y: �UL/a�v+^�� �,����1�
�`_
T.M.S./REAL ESTAT'E DIVISION
oatact Persoa aad Phona 23i�ber:
Peter White 266-8850
[ost be on Cooncil Agenda by:
[ust be in Council Research Office
v noon on FYidav
Date: 12/7/98
BPARTMENI DI:
1 ITY ATPORNSY
UOGEI'DIREGTOR
3 YONIOR,VSSUTA�
�i
Green Sheet Number:
CODNCIL
n.2ar
63103
'ION REQUESTED:
the City of St. Paul grant and convey a roadway easement to Lake Phalen Townhomes LLC that they
requested.
dMENDATtONS: APPROVE (A) OA RF,JECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING:
. Has the persodfirm ever worked under a contract for t6is depardnent? YES NO
PLANNDVG COMMISSION A STAFF
. Has this person/firm ever been a City employee? YES NO
CIVILSERVICECOMMISSION PublicHealth
. Does this person/Srm possess a slull not uormally possessed by any YES NO
current City employee?
CB WMMI91'F.E — Varao[Bldgs
Explain all YES answers on a separa[e sheet and attach.
CiATING PROBLEM, ISSL7E, OPPORT[JNITI (Who, What, When, Where, Why?):
order that 30 townhomes in the Phalen area get properly developed
APPROVED:
opment of 30 townhomes in the Phalen area.
5 IF APPROVED:
None
ADVANTAGES IF NOT APPROVED:
townhomes will not nroperlv be
AMOUNT OF TRANSACTION:
INFORMATION: (EXPLAIN)
�� s�.�
� 'f
COST/REVENIJE BUDGETED (CIftCI,E ONE)
ACTIVITY NI7MBER:
�vs'�a�i ��,�C��v� �Afji�r
DEC 14 199�
REGEIV��
DE� 101998
NIPYOR'S OFFICE
l7ob��[�71 ■
�
REAL ESTA.TE
325
ST
EQUITIES DEVELOPMBNT COMPANY
CEDAR STREET, SLTTB 400
PAUL, �ITNI�ASOTA 55101
FACSLMCLE TRANSMITTALSHEET
To: __ _ -... FT.OM:
ML PiCd CIIriS W1IILCi
cc
PAX NvMBFA.
266-8855
it3oNS NUMSER:
�
nars:
12/02/98
I+HONS NUME&R:
227-6925
FAX N��•DER�.
227-9001
Nur.mEx oP i�n�es,
Lake Phalen TownF►omes
❑ URGENT �F'OR REVIE91 ❑ PLL+aSE COMMENT ❑ PLLAS& REPLY Q PLERSE AECYCLE
NOTES/COMML'NTS:
Atrarhed is the si�ed Gcanc of Easements doavnent. Please review the infocmauon and call
me if ydu ha�e any questions or comments.
,.
i
�� /
��'/l�tl
if YOU DO NOT RLCEIVE eLi THE [+eGES,
PLEASE CaLL (G12) 227-G925.
biL'd S321If1D3 31Fi1S3 ld3a Wd9z�S0 86, z0 J3Q
a�-��y �
GRANT OF EASEMENTS
ISNO�V AL.L iVfEN BY TF�SE PRES�TS that for ;ood and valuuble consideratian, the
CITY OF SAINT PAUL M
corporarion, Graotor, does
hereby gtant and convey to �j�.E!e Y�r.CLPZfc� /DfiJYtlli�'t�'i. / L�C i
as the fee owaer, Cirantee. their successors and assigns, easement rights foz the bcnefit of the
following described properry;
Lot 1 truu 16, Block 2, Brenner Addirion No_ 2.
Subject co the following couditi�n:
That che Gr�ncees thcir snecessors and assi�s, by acceptance of these easement right5, agree to
indemnify, defend and save harmless the C9ty of S�unt Paul, its officers and employers fram all
snics, actions or elaims of any chazacter brought as a result of injuries or damagcs reeeived or
xustained by any person, persons, or properry on account of these easement rights or use of this
property, including, but not limited to a claim brougbt because of any act of omission, ncglec�, or
misconduct of said granice or beeause of any claims of liability arising from xny violation of any
law or regulation made in accordance with the law, whether by the o�ntee or any of its agen[s or
employees.
Thai Che Gtaatees, theiz successox�, and assigns, by acceptance of these easement rights, agree to
dedicate aa casement for street right-of-way purposes on thc south !0 feet of Lots 7, 8, 9,and 10
of Block 2 of Breaner Addition No 2, for future widening of Maryland Avenue.
That the Grantees, their successvrs, and a5signs, by acceptance of [hESC casemeni riglits, agree
that driveway cons[rucuon or any other type of conscrueiion shall noc be permitted within any
designated wetland.
Said easement rights :ue as follows:
An easement for driveway acces� purposes over and across that pxrt of Outlot B, JE5C0
PFIALEN PLAT l, lying soutberly and southeascerly of the following described line :
Com,mencing at the southeast comer of said Outlot B; thence oa the assum�d be�rin� of Nozth 0
degzees 11 minutes 57 secondS West a tlistance of 68.40 fect to the beginning of the line to be
described; tUence South 89 degrees 48 minutes 03 seconds West a discance of 4.03 feet; thence
along a tangential curve concave southeasterly having a radius of 100.00 feet an included an�le
of 13 degrees 58 minu[es 46 seconds a dis[.�tnce of 24.40 feet; thence South 75 de�rees 49 y
minutec 17 seconds West a ciiseance of 35.47 f¢et; thence along a ian�ential curve concave
noltherly having a radius of 350.00 feet an included angle of 14 dea ees 10 minutcs 3I scconds a
distaace of 86.59 £eet; thence South R9 degrees 59 minutes 48 seconds West a distanec of �8.49
feet; thence along a tangeptial curve concave southeasterly having u radius of SS.00 feet co [he
south line of said Outlet B and there said tine terminates.
waze:s� ee, es noN
£0i��z..d S3IlI(103 31Fi1S3 1b3� Wd9? :�0 86 � z0 �3QJN
I
��
.�
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IN WTTNESS WHEREOF. [he said grantor has caused this instrument to be duly
executed this day of ,19
By
Its
B
Its
By
Its
srnxr or- Nm�rr$sorA>
> ss.
courm or• xnr�sEY �
CTfY OF SAIl�IT PAUL> MiNNESOTA
The focegoing instcvmen� was aclmowledged before me this ._ day of
by
�
by
> i9
and
of tbe
Ciry of Saint Paul, Minnesota, a municipal corporation, on beh�ilf of said municipa] corpontion.
Notary Public
wdz0_ee es, e� noN
£0/NiE'd S3IlIf103 31b1S3 �b3?� WdGZ;SO 86., Z0 �3QH
£0'd 1d101
��- Hy�
IN WfINESS WHEREOF, the said grantee has caused this instrument to be duly
ezecuted this day of , 19
STATE OF MINi�TP.SOTA)
) ss_
COUNTXOFRAMSEY )
The foregoing instrument was acknowledged btfore �te this � day of '.1('1', , ,19 S� ,
by
by
by
and
of the
��u- �f/1",t�,:C.E'�� Dl�'i,n./[C�ri2D� , a rn[pontion, on bek�alf of said
co� oration.
~ � COLLEEN O. WARD •
� ' NO7ARYPUBUC-MINNESOiA �
4
. • P✓y Comm. Erd�es �Fan.37.200D
� ��
l i Notary Publxc
WdL0:E0 86. 0c AON
£��b/b_d
S3IlIf1�3 31d1S3 �Fi3?J WdLZ:TO 86. z0 �3QiN
�. ,
INTER-DEPARTMENTAL MEMO
CITY OF SAINT PAUL
Nomz Colemaa, Mayor
TO: Glenn Picha
St. Paul Real Estate
Room 140 City Hall
FROM: Linda Dickhu�
Public Work's Right-of-Way
800 City Hall Annex
DATE: September 3, 1998
RE: Request for driveway easement
for Phalen Townhomes across
Outlot B, Phalen Jesco Plat 1
DEPARTMENT OF PUBLIC WORKS
StacyM. Becker, Director �� `�' � I
l
The Department of Public Works has reviewed the above referenced request and has
no objections provided the following comments and/or requirements are included in
the easement agreement.
1. The property owner shall dedicate, for street right-of-way, the south 10 feet of their
property, for the future widening of Maryland Avenue.
2. In no way does the granting of this easement permit driveway construction or any
other type of construction within a designated wetland.
LD
cc: Tom Beach
Pete Gallagher
Sheri Pemberton
Paul St. Martin
AI Torstenson
Peter White
Larry Zangs
Responsive Services
• Quality Facilities • Employee Pride
� ',�
� �:�
ACCESS EASEMENT EXH181T
�,�-li�ll.
e = ao•�s'ss"
R � 58.00
S� a 77.35
�
� � T —
i
I
( ),
�_�,�
, .
<
�� ��
6 � 14'10'39'
� R = �50.00
S89'S9'48"W _ � L e 86.5� �
78.49
�c ^
< �)
`
� — SOU'i}I iJNE OF OU1L0T B
EAST UNE OF WiLOT 8�
/
�`� w � s��-
1
b = 13'S8°•
R c 100.00
� a 2a.4o
t
\
SWiHEASTERLY LlNE OF WTLOT B—.�
An area £or access easement purposes over and across that part of Outlot B, JPSCO PIiAi.EN
PLAT l, lying southerly and souiheasterly of the £ollowing 8escribed line:
Commencing at the southeast comer of said Outlot $; thence on an assumed bearing of
North 0 deb ees 11 minutas 57 seconds West a distance of 68.40 feet to the beginning of
the line to be described; thence South 89 degrees 48 minntes 03 seconds West a distance
of 4.d3 feet; thence along a tangential curve concave southeasterly having a zadius of
100.00 feet an included angle of 13 degrees 58 minutes 46 seconds a distance af 24.40
feet; thence South 75 degrees 44 minutes 17 seconds West a distanca of 35.47 feet;
thence along a tangential curve concave northerly having a radius o# 350.00 £eet an
included an;le of 24 degrees 10 minutes 31 seconds a distance of 86.59 feet; thence
South 89 degrees 59 minutes 48 seconds West a distance of 78.�}9 feet; thence along a
tangenraat curve concave southeasterZy having a zadius of 55.00 feet to Uze south line of
said Oudot B and tbeze said line terminates.
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMEN'I'
Pamela Wheelock, Drrector
CIT'Y OF SAII�IT PAUL
Norm Coleman, Mayor
July 21, 1998
Peter White
Real Estate Division
City of Saint Paul
Room 140 City HalUCourt House
St. Paul, MN. 55102
RE: Request for Driveway Easement
`
a�-»�,�
Telephone: 6l2-266-6626
Facsimile: 612-228-3341
=c 'Ert��t�
;; ,
� � U • ,y,;f.
:�;_. _„
��
;z ?^, rc ��,
� ; e�
Pursuant to our telephone conversation, you requested a letter regarding the easement that will be
necessary far driveway access far four (4) townhouse units to be built.
The Housing and Redevelopment Authority of the City of Saint Paul (HRA) is participating in
the development of Lake Phalen Townhomes (30 units of for sale townhomes). The site has
some constraints due to poor soil conditions. In order to m�imize the use of the site to the
greatest benefit of the neighborhood and City, and meet the objectives of the Phalen Village
Small Area Plan, it is being requested that the City consider entering into an Easement
Agreement for driveway use with Lake Phalen Townhomes, LLC. The easement would be over
the existing utility easement with public warks/sewer. The developer has talked with Peter
Gallagher, Public Works/Sewer and indicated no problems with a driveway easement over the
same easement location.
Attached is the legal description indicating the access easement as prepared by the surveyor.
understand that you will proceed to review this request and draft the necessary easement for
review.
If you have any questions, please do not hesitate to contact either Chris Winters of Lake Phalen
Townhomes at 227-6925 or me.
Sincerely,
Sheryl emberton-Hoi y
Project Manager
25 West Fourth Sbeet
Saint Paul, MIJ 55702
Enclosure
I.
� t, .
Page 2
July 21, 1998
Peter White
cc: Keith Jans, Real Estate Equities
Chris Winters, Real Estate Equities
Karen Swenson, North East Neighborhoods Development Corp.
`
�� -11'��.
° l ��- i l �i
SG1E iH sQi
�
� I Il'�LLIV VILLf1vL
PUBLIC IMPROVEMENTS
RIGHT OF WAY MAP
� PERMA�
PHALEN 41LLAG= �+�+.mm.. .rmsrw+...snv.,� FOR S
PUBLI� IMPROVEMENTS 'w� �
ox� mmm r.a�mrn
� M �� � S�OPE
,«.,
FA�1NG DR. a DRwG_ rvo. Joa2 �� ,