Title
Authorizing the Department of Parks and Recreation to enter into an encroachment agreement with the Metropolitan Council for capital improvements at Phalen Regional Park.
Body
WHERAS, the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (“Council”), the address of which is 390 North Robert Street, Saint Paul, Minnesota 55101, is the owner of the Easement Recorded in Ramsey County, identified by document number T02625371, recorded October 10, 2018 legally described on Exhibit A (“Council Property” or “Property”); and
WHEREAS, the City of Saint Paul (“City”) seeks to encroach on Council real property to install certain improvements or infrastructure consisting of constructing a stream channel, native habitat features on public property south of Lake Phalen in Saint Paul; and
WHEREAS, the site improvements will occur within an existing easement and cross over a 72” Council sanitary line, and specifically, regrading, stream channel and aggregate path will occur inside of the existing easement and above Council’s sanitary line (the “Project”); and
WHEREAS, the City and Council have determined it is in the best interests of the parties to enter into this encroachment agreement which will allow for capital improvements to the Property; and
WHEREAS, the City and Council desire to enter into this encroachment agreement defining their respective rights, duties, and liabilities relating to the project; and
WHEREAS, the encroachment agreement will be recorded with the County Recorder’s Office; now, therefore, be it
RESOLVED, that the City Council authorizes the appropriate City officials to enter into an agreement with the Metropolitan Council for the aforementioned Project.