Title
Approving a Reciprocal Easement Agreement between the City of Saint Paul and the Lowry Commercial Condominium Owners' Association.
Body
WHEREAS, the City of Saint Paul is owner of real property located at 25 West Fourth Street, Saint Paul, Minnesota ("City Property"); and
WHERAS, Lowry Redevelopment Partners is owner of certain real property located at 350 Saint Peter Street, Saint Paul, Minnesota; and
WHEREAS, the Lowry Commercial Condominium Owners' Association is the owners' association for Lowry Parking Condominium, Common Interest Community No. 751 (the "Parking Condominium"), in Ramsey County, Minnesota and has authority to enter into easement agreements on behalf of Lowry Redevelopment Partners affecting the Parking Condominium, which is located on the basement, first and second floors and part of third floor of the building located at 350 Saint Peter Street, Saint Paul, Minnesota; and
WHEREAS, the Lowry Condominium, Common Interest Community No. 587 (the "Residential Condominium"), in Ramsey County, Minnesota is located on part of third floor and all of floors 4-13 of the building located at 350 Saint Peter Street, Saint Paul, Minnesota. The Residential Condominium and the Commercial Condominium are referred to the "Lowry Property;" and
WHEREAS, located in the basement of the City Property are electrical switch gear panels that serve the Lowry Property; and
WHEREAS, also located in the basement of the City Property is an 8-inch fire main water line that serves the Lowry Property by providing a water connection from the city water service located in the City Property to the Lowry fire pump also located in the City Property; and
WHEREAS, located in the basement of the City Property are a sanitary sewer pipe, its supports and other equipment that serve the portion of the first floor of the Lowry Property occupied by the Aroma Pizza restaurant; and
WHEREAS, the Lowry seeks to acquire a permanent easement from the City for access to and maintenance of said electrical switch gear panels, fire main water line and sewer pipes, all within a 1,132 square-foot area in the basement of the City Property; and
WHEREAS, located on the first floor of the Lowry Property, but accessible only through the City Property, is approximately 290 square feet of office space currently occupied by the Ramsey County Sheriff's Office under a lease agreement with the City; and
WHEREAS, the City seeks to acquire a permanent easement from the Lowry to use and lease the said office space in the Lowry; and
WHEREAS, the City and the Lowry desire to terminate a previous easement agreement affecting the rights of the Lowry, as successor in title to Avex Lowry Limited Partnership, to construct, operate and maintain a Fire Water Main in the City Property, given that the Reciprocal Easement will reestablish the Fire Water Main easement rights in the City Property; now, therefore be it
RESOLVED, that the Mayor and Council of the City of Saint Paul hereby accept and approve said Reciprocal Easement, attached hereto as Resolution Exhibit A, and direct and authorize the proper city officials to record said Reciprocal Easement with the Ramsey County Recorder's Office or Registrar of Titles.
Financial Analysis
Financial analysis is not applicable.