91-1737 ���{i�n�� to: �.Council File # �'��.3�
�eal E'state Division �� ,
(Troutbrook) (JO) � ; Green Sheet #
Z' g G N RESOLUTION �
CITY OF SAINT PAUL, MINNESOTA
resented By
Referred To ��,(��� C C.c�b r(�s Committee: Date � � l7 r g�
r-r—
WHEREAS the Metropolitan Waste Control Commission (MWCC) ,
as a part of its Trout Brook Interceptor Extension Project,
built a sanitary sewer acrass property owned by the City of Saint
Paul; and
WHEREAS, the Metropolitan Waste Control Commission has
requested a permanent easement on this property from the City, to
maintain its inter.ceptor , a copy of this easement is attached
hereto and is referenced to as Exh�ibit 1, and the Department of
Public Works has agreed this is acceptable and desirable for the
separation of Saint Paul' s sewer system;
NOW THEREFORE BE IT RESOLVED, that the proper City officials
are authorized and directed to execute this easement on behalf of
the City of Saint Paul to the t�etropolitan Waste Control
Commission as shown on the plans for the Trout Brook Interceptor
Extension Project.
Yeas Navs Absent Requested by Department of:
bo'�- �
Financ & Mana ement ervices
ca ee �
e m ,�
une �
z son / By� rector
�� �. `�'`;::;` Form Appr ved by City Attorney
Adopted by Council: Date �y d � °. �:b
Adoption if�.ed by Counci e retary By:
//
BY' /�� Approve by Mayor for Submission to
Approved by`,M or: Date ��T � � 1991 Council
� l� �����
Bys �����v' By:
.P�USNED OCT 19'91
� �. � � , . . . �'i-��� �✓
DEPARTMENT/OFFICFJCOUNCIL DATE IyITIATE G R E E N S H E ET �O' 16 5 8 4
Finance/Real Estate Division �" 23 S/
CONTACT PERSON&PHONE INITIAUDATE INITIAVDATE
T Peter �llte 298-5317,P rt0� �DEPARTMENTDIRECTOR �CITYCOUNCIL
LS ASSI(iN �CITY ATTORNEY �CITY CLERK
NUMBER FOR
MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING BUDGET DIRECTOR �FIN.&MQT.SERVICES DIR.
ORDER �MAYOR(OR ASSISTAN� Q (;�»nri 1 R
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approve easement to the Metropolitan Waste Control Commission from City-
Troutbrook Interceptor.
RECOMMENDATIONS:Approve(A)or Re}ect(R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
_PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1• Has this person/firm ever worked under a contract for this department?
CIB COMMITTEE _ YES NO AUG n
A 2. Has this person/firm ever been a city employee? �,7 1991
_STAFF — YES NO
_ DISTRICT COURT — 3. Does this personlfirm ossess a skill not normall ���� ���N E
p y possessed by an r ci
SUPPORTS WHICH COUNCIL OBJECTIVE9�+eWe� YES NO
`� Explaln all yes anawers on seperate sheet and attach to gtisn shsst
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
In order to ma.intain its interceptor, the Metropolitan Waste Control Commission
requests an easement on City-owned property. This easement has been approved by
the P>>.hlic Works Department. R E�V
SEP 1991
ADVANTAOES IF APPROVED:
Separation of the sewers in the Troutbrook Sewer System wi11 be attained.
����
REC�IVED SEP 06 1991
DISADVANTAOES IF APPROVED: S E P 4 1991 MAYOICS OFf1
None.
CEI D
OFFiCE OF THE DIRECTOR
DEPARTMENT OF FINANCE AUG �g9'I
�1�iC3 MANAGEMENT SERVtCES
CITY CLE K
DISADVANTAGES IF NOTAPPROVED:
The Metropolitan Waste Control Commission wi11 not be able to maintain its
interceptor. Separation of sewers will be deterred.
RECEIVED �u�cif Reseasch Ce�tet
SEP 10 1991 �AUG �2�� 1991
___ CITY CLERK
TOTAL AMOUNT OF TRANSACTION a COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO
FUNDING 80URCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) ��
, , .
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept.Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3, City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. Ciry Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. Ciry Attorney
3. Finance and Management Services Director
4. Ciry Clerk
TOTAL NUMBER OF SIC3NATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or ftag
each of these peqes.
ACTION REQUESTED
Describe what the proJectlrequest seeks to accomplish in either chronologi-
cai order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public
or private.:.�:.�s':. ,
;�:
SUPPORTS WHICH COUNCIL OBJECTIVE?
indicate wE�ich Council objective(s)your projecUrequest supports by listing
the key word(s) (HOUSINQ, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
.r
PERSO�VAL SERVI��CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATIN(3 PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request
ADVANTAQES IF APPROVED
Indicate whether this is simply an an�uai budget procedure required by law/
charter or whether there are specific ways in which the Ciry of Saint Paul
and its cftlzens wlll benefit from this projecUaction.
DISADVANTAGES IF APPROVED �
What negative effects or major changes to existing or past processes might
this proJecUrequest produce if it is passed (e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negativA consequences if the promised action is rtot
approved?Inability to d�liver service?Continued high traffic, noise,
accident rate?Loss of rd�venue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions:How much is it
going to cost?Who is going ta pay?
. ::i° _ �� �/_�7�,�
;'� .`�s�� RATIFICATION OF ASSESSMENTS: For the �.. � APPROVED 3-0
� Edgcumbe/Bayard Area Street Paving �
r�
_,�_�"�. and Lighting Project.
.,�.:-_ ,
'� RESOLUTION - 91-1737 - Approving an APPROVED 3-0
�-, ,
�3> � : easement to the Metropolitan Waste
t���'V Control Commission from the City for
¢� �- the Trout Brook Ilnterce tor Extension
`�`"� Project. (Referred to Committee
�, �
`��: 9/17/91)
�:�''
���`�';" RESOLUTION - 91-1738 - Authorizing APPROVED 3-0
����' the Real Estate Division to make
E �.;-.
;;: : application for tax-forfeit parcels as
`� described for storm water ponding.
t � (Referred to Committee 9/17/91)
��
�y-�° 11. RESOLUTION - 91-1740 - Amending the APPROVED 3-0
'_�''� 1991 Capitol Improvement Budget by
transferring 1989 Capital Improvement
Bond funds from the E. Shore Drive-
Johnson to Larpenteur Lighting and
1991 Capital Improvement Bond funds
from the Maryland Avenue-Dale to
Western Lighting projects to the
Thomas-Hamline to Dale Lighting
project and adding $15,000 in
assessment financing to the Thomas
� Avenue Project. (Referred to . .
• Committee 9/ll/91) .
12• An ordinance amending the Administrative LAID OVER
Code by adding a chapter thereto and 2 WEEKS
establishing a mechanism for the
protection of Trade Secrets filed with
the City of Saint Paul as part of a
utility regulatory matter. (Referred to
Committee 6/20/91; Laid over in Committee
7/3/91, 7/17/91, 7/31/91, 8/7/91, 8/21/91,
9/4/91)
13. Letter of District Energy Saint Paul, Inc. LAID OVER
transmitting amendment to Hot Water 2 WEEKS
Delivery Agreement. (Referred to
Committee 9/17/91; Laid over in Committee
9/18/91)
14. _ RESOLUTION - 91-1733 - Establishing the APPROVED 3-0
1992 Combined Sewer and Street Program Public Works �
Assessment rates.
15. RESOLUTION - 91-1754 - Amending the APPROVED 3-0
1990 Capitol Improvement Program by
transferring Spending & Financing from
the 1986 and 1987 Warner Road
Reconstruction project to the 1991
Warner Road Reconstruction project.
(Referred to Committee 9/19/91)
' (continued)
� " , �_ �x1��►�--� 1
- , . , . � ��� _�73�
� TBE-2
, Abstract
THIS INSTRUMENT, made this r day of , 19 ,
by and between City of Saint Paul, a Municipal Corporation, of the
County of Ramsey, State of Minnesota, Grantor, and the Metropolitan
Waste Control Commission, a duly constituted metropolitan agency
created and organized pursuant to Minnesota Laws I975, Chapter 13 ,
Minnesota Statutes §473 .503, Gzantee;
WITNESSETH, that c3rantor, in consideration of One Dollar and .
other good and valuable consideration to it in hand paid by Grantee,
the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell, and conney to Grantee, its successors and assigns, the
following described easement for sewer and utility purposes:
(See Exhibit A, attached hereto)
The above described easements include the rights of Grantee, its
contractors, agents and employees to do whatever is necessary for
enjoyment of the rights qranted herein including the right to enter
the easement for purposes of constructing, operating, maintaining,
altering, repairing, replacing, and/or removing said sewers and utili-
ties.
� ' �����7��
Grantor covenants that it is the owner and is in possession
. �
� of the above desczibed premises and has lawful right and .
authority to convey and grant the easements described herein.
Grantee agrees that, to the greatest extent possible,
neither Grantee nor its contractors will interfere with the
� Grantor ' s stormwater, snow removal, and snow dumping operation
during the construction of the interceptor on the property
described in Exhibit A attached hereto. Grantee further agrees
that it will keep portions of the property described in Lxhibit A
attached hereto clear for deposit of snow by the Grantor .
Grantee agrees that it will take appropriate measures to
protect the interceptor from damage due to stormwater detention
and agrees to hold the Grantor harmless from damages to its
interceptor located on the property described in Exhibit A
attached hereto resulting from the operation of the stormwater
detention pond on the property described in Exhibit A.
The Grantee agrees to idemnify, defend , and save harmless
the Grantor , 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 the Grantee ' s use of the property,
including but aot limited to a claim brought because of any act
of omission , neglect or misconduct by the Grantee or because of
claims or liability arising from violation of any law or
regulation made in accordance with the law, whether by the
Grantee or any of its agents or employees .
Grantee agrees to restote the property within the easement
area to the original condition before the project or better .
� . � . . . �����3�
IN WITNESS WHEREOF, the undersigned has caused this agreement
to be duly executed this day of , 19 .
CITY OF SAINT PAUL �
A Municipal Corporation
BY
Approved As To Form Mayor
By
C' Cler
City Attorney �
By E:�-� �.�--�
D rector, Finance &
Management Services
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1991 by James Scheibel, Mayor of the
City of Saint Paul, a Municipal Corporation of the State of
Minnesota, on behalf of the said City of Saint Paul.
Notary Public
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1991 by A1 Olson, City Clerk of the
City of Saint Paul, a Municipal Corporation, of the State of
Minnesota, on behalf of said City of Saint Paul.
Notary Public
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1991 by Richard Gehrman, Director,
Finance and Management Services of the City of Saint Paul, a
Municipal Corporation of the State of Minnesota, on behalf of said
City of Saint Paul.
Notary Public
. °
' ' ' �
1�j.-/�� 7
. �x 1��,��t A
MWCC PROJECT NO, 89-01-609
EASEMENT DESCRIPTION NO: TBE-2
A 30. 00 foot wide perpetual easement for sanitary sewer purposes
over, under and across part of the following described property:
The North Half of Lot 21, J. W. Bass Garden Lots,
according to the recorded plat thereof EXCEPT as follows:
The east 30 feet thereof; that part of the
north 75.00 feet lyinq east of the west 16.00 .
feet thereof; the north 8.50 feet of the west
16.00 feet thereof; and that part of the west
35. 00 thereof lyinq south of a line which runs
parallel with and which is 440.00 feet north
of the south line of said Lot 21.
The center line of said perpetual easement is described as follows:
Beginninq at a point 15.00 feet east of the west line of
Tract A, Registered Land Survey No. 382 and 20.00 feet
south of the north line of said Tract A, measured
parallel with said west line and said north li.ne,
respectively; thence northeasterly to a paint 68.00 feet
west of the east line of said Lot 21 and 84.00 feet south
of the north line of said Lot 21, measured parallel with
said north line and said east line, respectively; thence
north, parallel with said east line, a distance of 9.00
feet to the south line of said north 75.00 feet of Lot
21, and there terminatinq.
The side lines of said perpetual easement are prolonqed or
shortened to terminate at the north and south lines of the above
described property.
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SAINT PAUL
PUBLIC WiORICS '
INTERDEPARTMENTAL MEMORANDUM
TO: Juan Ortiz
Real Estate Division
218 City Hall
FROM: Roy Bredahl . �
Sewer Engineer �,
700 City Hall Annex
DATE: April 23, 1990 N�: ���d�
RE: Easements for the MWCC '���'�"`� `'�'�' �°
Trout Brook Interceptor Extension �`� ��- �-�
MWCC Project No. 89-01-09 ���i^p�e�:
. �f�
The Sewer Division is aware of the proposed MWCC project and concurs that this
project is necessary for the separation of sewers in the Trout Brook Sewer System. To
complete the project, the MWCC must obtain certain permanent and temporary sewer
easements. We have the following commen#s for the proposed easements submitted
to us.
��ro�•ecQ ,
MWCC Parcel Numbers TBE-2 and -16 -�
PIN Numbers 19-29-22-44-0013 and 20-29.-2�"=32-0062
The Sewer Division is aware that the MWCC will have to enter onto the two parcels of
land which are city owned stormwater detention areas. The detention areas are #ully
operational and subject to the periodic inundation of stormwater, and further, the
northerly ponding area (TBE 16) is used by the city as a snow dump for snow removal
operations. Therefore, the easements must carry the following stipulations:
�1. Parcels labeled TBE-2 and -16 are stormwater detention areas which are
subject to periodic flooding caused by heavy rainfalls through the city's storm
sewer system.
�2. During times of the year when rain can be expected, there are no altemate
disposal points for stormwater.
_--
3. Furthermore, parcet�8�-16 is used as a snow dump site where city vehicles will
dump snow.fFOm snow removal operations when necessary.
_,--'
. •
. , . . , ����3�
, � � Juan Ortiz 2 April 20, 1990
� � The MW and its contractors must agree to abide by the request of the street
, mai ance engineer to keep clear portions of the parcel where snow wiil be
. Sit@C�. (T�3C-i��
5. The MWCC and its contractors must agree to hold the city of St. Paul harmless for �
� any damage caused by stormwater or snow dumping to any person, material or
operation. The MWCC will insure the city against all damage claims caused by
operations on these parcels.
_ �6. The MWCC and its contractors must agree to restore both parcels to existing
� condition or better.
7. The permanent easement will contain an interceptor to be owned and maintained
� by the MWCC at its own expense. The MWCC will protect it from water damage
from stormwater detention and must agree to make no claims for damages
against the city.
___- --�'�PP ro v Pr�
MWCC Parcel Numbers TBE-1, 3, 6, 7, 9_1Q,_-�;-fi2;T�, and 16.
._._-.---
We have no objections to the easements as submitted. In certain instances, their
construction may lie near city sewers or stormwater detention areas. The easements
should contain the stipulation that the work shall not irrterfere with the operation of city
facilities, nor to inhibit the city's right to enter irrto these facilities for maintenance
operations. .
Revisions to MWCC Parcel Numbers TBE-1, 2, and 10.
There are no objections, provided that our previousy stated condi#ions are met.
bjh