Title
Resolution Authorizing a Temporary Easement via a Right of Entry Permit to the City of Saint Paul for the Capital City Bikeway Project and a Permanent Easement to District Heat and Energy, or Its Affiliate or Subsidiary, for Heating and Chilled Water Services at Smith Avenue Parking Ramp and Transit Center, 145 N Smith Avenue, in District 17, Ward 2.
Body
WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (“HRA”) is a public body corporate and politic organized, existing, and operating under the laws of the State of Minnesota, Minn. Stat. Sec. 469.001, et seq. (the “Act”); and
WHEREAS, the HRA has the power to engage in development and redevelopment activities under the Act and when needs cannot be met through reliance solely upon private initiative, which can also be undertaken in targeted neighborhoods, and is authorized to create redevelopment projects as defined in the Act, and said activities include but are not limited to: (a) providing adequate, safe and sanitary dwellings, remedying housing shortages for low and moderate income residents, and providing housing for persons of all incomes through housing projects and development, (b) removing and preventing blight or deterioration, (c) bringing substandard buildings and improvements into compliance with public standards, (d) performing duties according to the comprehensive plan, (e) disposing of land for private redevelopment, and (f) improving the tax base and the financial stability of the community; and
WHEREAS, the HRA owns the Smith Avenue Parking Ramp and Transit Center at 145 N. Smith Avenue (HRA Property); and
WHEREAS, the City of Saint Paul has requested a temporary easement through execution of a right of entry permit (ROE) to allow access, construction, and minimal staging work on the HRA Property along Kellogg Blvd. during its Capital City Bikeway Project currently scheduled for 2027-2028 construction; and
WHEREAS, District Heat and Energy has requested a permanent easement for the installation, ownership, operation, and maintenance of heating and chilled water services pipes through the transit level of the HRA Property; and
WHEREAS, in accordance with the HRA Bylaws, conveyance of any interest in property must be authorized by Board action; and
WHEREAS, staff from the Department of Planning and Economic Development have reviewed the proposed plans from the City of Saint Paul and from District Heat and Energy and determined there would be little to no disruption to parking operations at the HRA Property; and
WHEREAS, by this resolution the Board of Commissioners of the HRA finds a public purpose for the conveyance of the respective easements to the City of Saint Paul and District Heat and Energy, respectively; now, therefore, be it
RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota:
1. that the HRA hereby approves and authorizes the execution of a temporary easement by way of a right of entry permit, or similar instrument, to the City of Saint Paul with a term continuing through the completion of the Capital City Bikeway Project from W. 7th Street to John Ireland Blvd.
2. that the HRA hereby approves and authorizes the execution of a permanent easement in favor of District Heat and Energy, or its affiliated entity, with the condition that all operation and maintenance of the improvements be the sole responsibility and expense of the benefitted entity.
3. that the HRA hereby approves and authorizes staff, under the direction of the Executive Director, to take all actions necessary to carry out the activities authorized by this Resolution, including finalizing all documents and agreements necessary to effectuate the activities to be undertaken by this Resolution, subject to approval by the City Attorney’s Office.
4. subject to approval by the City Attorney’s Office and pursuant to applicable ordinances and bylaws, the only signature that shall be required on documents in connection with this Resolution is that of the Executive Director who is hereby approved and authorized to execute all said documents and instruments, which shall be sufficient to bind the HRA to any legal obligations therein.
5. that this Resolution does not constitute a binding legal agreement; rather, the action taken herein shall not be effective until said documents are executed by the appropriate official(s) of the HRA.