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89-1048 WHITE - CITV CLERK � COl1I1C11 �./C���1�/ PINK - FINANCE G I TY O A I NT P U L �� � � CANARV - DEPARTMENT �� BI.UE - MAVOR File NO. Return copy to: • � 218 City Hall - Real Estate Di .Counc l Resolut�on �a3 � (PW) (ValEng) � `,�� Presented By Referred o Committee: Date Out of Committee By Date WHEREAS , the City of S ' n Paul, acting t rough its Valuation Engineer, has sec re an agreement f r the purchase of that certain property descri e as follows : Lots 15 through lgj,, - lock 5 , Drake ' s Second Addition; also the north 6 . 14' f et of the west 30 feet of vacated Benton Street ; als , egcept the west 5 feet of Lot 16 for Park Street , o s 13 through 16 nd the north 20 feet of Lots 22 t r ugh 25 of Guer ' s Outlots ; all situated within t e south 1/2 of e southwest 1/4 Section 30, Towna i 29 North, Rang 22 West, Ramsey County, Minnesota WHEREAS , the property h r in described is ecessary for public purposes in the Sylva treet/Acker Str t area in connection with the RICE/ACK R POND ACQUISITIO PROJEC'P; and WHEREAS, this property a approved for a uisition on January 3 , 1985 , by Final Or e C. F. number 85 1 ; and WHEREAS , the price at w i the property y be purchased is in the amount of $130, 000.00 it being a fair d reasonable price for the subject proper y ccording to th appraisal obtained by the Valuation En in er; and WHEREAS , the Valuation ng' neer has recom nded the purchase of said property at the pric s ated above ; NOW THEREFORE BE IT RES LV D, that the pro er City officials are hereby authorized and di ec ed to pay Glaci r Park Company the sum of $130,000. 00. Sai s m to be charged to funding source PIR-807-62g01 -0711 -62650. COUNCIL MEMBERS Yeas Nays Requested by Depar ent of: Dimond Fi na & Mana ement ervi ces �ng � in Favo Goswitz � I Rettman B Di rector sche;n�� _ A gai ns t Y ��� Wilson ��N 1 j � Form Approv ty Attomey Adopted by Council: Date � 2���� Certified Yass b C ncil r y By c By T , ► ti1p rov y Mavor: Date �j 4 Approv d Mayor ubmis ion to Council B _ -� C— �Y� Y � � Y . $ � �t16US��D J UN 2 41 89 � � ` � • . /��I�/�� { DEPARTMENT/OFFlCE/CWNGL DATE INIT1 D Fi nance/Real Estate Di vi s i on GREEN S EET NO. 3 5 9 2 cc�rrt,�cr PeRSOH a� i a►� INI7IAUDATE �DEPARTMENT OIRECTOR �CITY OOUNpL Peter White 298-5317 cmr�rrowa�r CITYCIERK Nu MUBT BE ON COUNqL AOENDA BY(DAT� �BUDOET DIRECTOR m FlN.a MOT.8ERVICE8 DIR. �MAYOR(OR A8SI8T � TOTAL#►OF SIQNATURE PAG�8 (CLIP ALL LOCATIONS FOR SIQNATU ��ouESr�o: Approve acqui s i ti on of G1 aci er Par C mpany property i n e Sjrl van/Acker Streets area in connection with the RICE/ACKER ON ACQUISITION PROJE as described on the attached Council Resolution and shown on th a tached map. RE001AMENDATION8:Approw W e►F�Ct(F� COU L AL _PLANNINO COMMIS810N _qVIL SERVI(�COMM18810N ��Y PFIONE N0. q8 OOMMITTEE �STAFF _ COMM NTB: u .. SUPPORT8 WNK�i COUNpL OBJECTIVE7 1 ��� E �"A " �V r�,�. � '-�" INITIATIWfi PHOBLEM.188UE.OPPORTUI�NTY(Wlw,What�Whsn.Whsro�N�h�: The Trout Brook Storm Sewe P oject re uires the acquisition of these parcel s for pondi ng purpos s. RECEI�IED MAY 241989 OF ICE OF THE DIFtE ANCE ADVANTA(1ES IF APPROVED: p ANAGEMENT SERVI This acquisition will prov de an area for storm ter run off drainage. This allows for the most c st efficient storm se r system. DISADVANTIK�EB IF APPR01/ED: N e t this time. qBADVANTAOES IF NOT APPROVED: To not acquire these prope ti s would be contrar to the City's Stormwater Management Plan a d alternatives wou have to be determined. ouncii Research Center ��aY 3 o i�s� TOTAL AMOUNT OF TRANSACTION a 130�OOO.00 CpgT/qEyENUE sUDOETED RCLE ONE) YE8 NO ����� 1983 and 1984 CIB AcT�vmr auMe�n PIR- 07-62901-0711-62650 flWWpAL INFORAAATION:(DCPL.AII� - • ' � � ��--/D�� � PURCHA5E 'AN SALE AGflEEMEAT THIS REAL ESTATE PURC S AND SALE AGBEE EA'" ("Agreement" ) is made by and between 'GL CIER PABK COM ANY, a Delaxare corporation ( "Seller" ) , and Ci y of Saint Paul ("City") . 1. Offer and Accep an e. City offe s and agrees to purchase from Seller, and S 11 r accepts such fPer and agrees to sell and convey to City all of Seller's right , title , and interest in and to that par el of land in or n ar Saint Paul , County of Ramsey, State of in esota, more par icularly described on the attached Ezhibit A which is he eby incorporated ( "Property" ) . 2 . Improvements . This' A reement relates only to land . This conveyance shall exclude eller ' s buildin s and any other improvements on the Propert , 11 of which may be removed by Seller prior to the date of cl sing and which, if not removed , shall be deemed abandoned b , t e Seller and sh 11 thereafter be and become the property of t e City in place �r thout further obligation by the Seller. 3 . Purchase Price . Th urchase price s 11 be One Hundred Thirty Thousand and 00/100 D� 1 ars ($130,000.0 ) , payable by cash or certified check at closin . 4. Marketable Title/Ti l Insurance . Th City has obtained a commitment for an owner s o icy of Title In rance (ALTA form form 1970-Revised ) , No. R609 6 C, eYfective Ap 1 26, 1989, from Title Insurance of Minneaota , overing the Pro rty. All coat of obtaining the title insuranc s well as the p mium Por the title insurance policy shall b paid for by th City. The Seller shall take such action as ne e sary to cauae T le Inaurance of Minnesota to remove on or be o e the date of c sing the matters set forth as items 5 through 1 inclusive on S edule B of the above title commitment . Wit i eighteen (18) nths after the closing, the Seller shall pr v' de the City wit partial releases or satisfactiona of the mort a e indenturea se forth as itema 3 and 4 on schedule B of the a o e title commitm t. Seller shall indemniYy the City for any c a ma arisiag out the Seller's failure to have said mortgag 'adentures so re saed or satisfied . Purchaser agrees t at delays in ae ring such releasea or satisfactions xi 1 not be grounda r delayiag the closing. Seller warrants that , t he best of its o�rledge, there are no claims , laasuits, �ud m nta , liens , act na, litigation, or proceedings pending, or, o the best of the nowledge of Seller, threateaed againat o elating to Sell that rould materially adveraely affect h Property. , � � � - C��—id�� 5. Date of Cloeing. Cl aing of this tr nsaction, sub3ect to paragrapha 8 and 9 of t is Agreement , ahal occur in the office of Title Inaurance f innesota on or efore 1:00 P.M• on the date which ia 60 days �ft r City' s accept ce unlese another date is agreed to by the p rt es ; provided, h ever, that unlesa eatended in writing by agr 'em nt of the parti , this agreement shall be aull and void if e closing has not occurred prior to a date Khich ia 120 days afte he date hereof. For purposes of this Agreement , "Date of C1 s ng" shall be co trued as the date upon Which all appropriate o uments are reco ed , and the proceeds of the sale are av i able Por disbur ment to Seller. 6. Closing Costs. Se 1 r shall pay the olloring costs and expenses in connection with t e transaction: . a. Seller' s attor e fees b. Real property a es prorated to te of closing c. All special as e ament installme s and Local Improvement Di t ict assessment ' stallments against the Property w i are due prior o the date of closing. City shall pay th folloKing cost and ezpenses in connection �rith this transa ti n. a. The escrow fe a b. Recording f eed c . Any real e ta e ezcise taaes ue on the conveyance d. Any docume t tamps , recordin feea , or transfer taxes e. City' s att rn ys ' fees f. Ezpenses o a survey, if any 7. Conveyance Seller sh 11 convey title to City by Quit Claim Deed . 8. Surve�; Subdivis '�on In the event a city, county, or other governing authority r� er the Property i located required a survey or plat or has a s bd vision ordinanc , the City shall, at ita sole ezpenae , com ly and take all s epa necessary to obtain such survey, plat, r ubdiviaion. Th survey, plat or aubdivision shall be aubmi te by City to Sel er for revie� and approval prior to recordin a d Kithin a peri d of thirty (30) days after the date of Sell r' acceptance of is offer. Seller agrees to cooperate kith C ty in obtaini g the neceasary approvals . The closing dat hall be eztende , sub3ect to the limits aet forth in para ra h 5 of thia Ag eement, for such period as may be required to o tain such appro l . 9. Tazes and Asaessme t . Seller ahall e responsible for � � � C,c-��-�o��/ the real property tazes aa a 1 apecial aases ments and L.I.D. installments due for the P op rty for all pri r years and to the date of closing. City aha 1 e responeible P r the real property tazes and ell apecial sese am nts and L.I.D. nstallments for the Property due on or after t e ate of closing. 10. Right-of-Entry. Im ediately aPter aecution of this Agreement by the City, the Se ler shall grant the City a right- of-entry permit to enter o t the property f r purposes of constructing a atorm rater o ding pond in co ection vrith the Sylvan/Acker combined sewer a paration projec . 11 . Condition of Prem' s s . The Propert is sold to City in "AS IS CONDITION with no e p ess or implied presentations or warranties by Seller as to h physical condi ' on, including without limitation soil and w ter, of the Pro rty, the eaistence or presence of any pollutan , contaminant or zardous waste or property or any other matte f any nature . ty acknowledges that seller has furniahed C t with sufficient access to the Property for the purposes o ' nvestigation and evaluation of the Property by City. Nothing o tained herein sh 11 eliminate any liabilities or obligations m osed upon Seller by final judgment of a court of competent jur adiction arising u der Minnesota Statutes Chapter 115B. 12. Commiasion. Each pa ty Karrants and represents to the other that no real eatate b ok rage commission or fees of any kind or type are or will be pa able by auch ot er party as a result of the transaction h re n provided for, or, if any auch commissions or feea are pay bl , the warrantin party shall pay the same and hereby indemni ie such other par y of, from, and against an� and all claims or any real estate brokerage commission or fee which may ar se a$ a result f any acts of the warranting party. 13 . Notices . Any notice required or pe itted to be given shall be in xriting and deli e ed either in pe on or by certified mail, return recei t requested, post e prepaid, addressed as follows or such o her address as y be designated by either party: SELLER: GLACIER P R COMPANY 2000 Foah y ToKer 821 Marqu t e Avenue Minneapol s , MN 55402 Attn: Jo n Maher xith a co y to: GLACIER P RK COMPAI�Y Attention orporate Counse 1011 West rn Avenue Suite 700 Seattle , as ington 98104 � - � - � ����o�� CITY: City of Sa' nt Paul Departm nt of Finance and Xanag me t Services xeal Es at Division 218 Cit H 11 saint P ul MN 55102 Attn: et r White Any notice given purs an to thia Agreem nt ahall be deemed � effective the day it is pe so ally delivered r three busineas days after the date it ia ep sited in the Un ted States mails. 14 • Eminent Domain. No withstanding an thing to the contrary contained in this Ag eement , it is h reby acknoWledged that this sale is made und r he threat of em' nent domain. 15 • Reasonable Attor ey ' Fees If by r ason of any default on the part of either part t this Agreement it becomes necessary for the other pa ty to employ an at orney, then and in such event the unsuccesaful p rty shall pay t the prevailing party a reasonable attorney' s fee and all rea onable costs and ezpenses aecessarily ezpend d or incurred by ither party in connection with such defaul r action. 16 . Entire Agreement .''' 11 understandin e and agreements previously exiating betxeen t e parties , if a y, are merged into this Agreement, Khich alone f lly and complet ly ezpressed their agreement , and the same is n ered into after full investigation, neither party relying upon n statement or r presentation made by the other not embodied h r in. This Agree nt may not be changed or terminated orall . 17. Leases . Seller w r ants that the P perty is aot encumbered by leases . Sell r ereby agrees n to lease all or any part of the Property af e the date of th ' Agreement. 18. Relocation. Sell r ereby voluntar' y Waives any claim it has or might have for re oc tion benefits relocation asaistance purauant to Chap er 117 of Minneso Statutes . 19. Addendum Provisio s . Seller ia not foreign person as the term is used and define i section 1445 o the Internal Revenue Code of 1986, as am nd d, and the regu ationa promulgated thereunder. Seller ahall , po request of Cit , complete an affidavit to this effect . 20. Purchaser's Title Ia ormation. Unle a otherviae notified by Purchaser in rr' ti g not less than 20 days prior to the Closing Date, Seller ah 11 convey the prop rty to the City as named on page one of this A re ment . If the C ty Kiahea to have title to the Property conve ed otherxise, City s xritten notice shall clearly aet forth the fu 1 and correct n mes of the party or ��y-/°`�� parties to xhom title ril conneyed , thei addreae , their relationship to City, if n , and xhether co veyance is to be in 3oint tenancy or otheraia , ad, if a compan , rhether it ia a partnership, trust, trust e, or corporation, address of principal office ,� and state of inco po ation. 21 . Seller' s Affida it Seller shall urniah to City at the time of conveyance of Pr perty an affida it that Seller has made no improvement to th P operty for one undred txenty (120) days immediately precedin s ch date for xhi h payment has not been made. 22 . Terma Survive D li ery of Deed. I ia the intention of the parties that the terms a d conditions of this Agreement shall survive the delivery of t eed to City. This offer, conaisting of �' i e pages and of id Exhibit A attached hereto , is made' p rt hereto, has en made, signed and sealed in duplicate by the�' C ' ty this day of 989. CITY OF SAINT PAUL GLACIER P K COMPANY By gy By B�, Attachments (Glacier) � � � �►��9�i��� ParcQl 1: l.ots iS, 16, 17, 18 a 19, Hlock S, D k�' s Second Addition and the North 6. 14 �� of the W�st 2 teet of the South 140 fe:t of the South i f South�ast 1/4 f Southw�st 1/4 Section 30, Townshi , Rang� 23 tlyi within vacat�d H�nton Avenue) . Abstract Property. Parcel 2: Lots 13, 14, 15 and '16 except the2�ea 52Seeexcspt�the6WestdS the North 20 feet o L ts 22, 23, feet of Lot 22 all n uerins Out Lots o Saint Paul. '} Abstract Property: i � � � �� N Exhio�T A . - � � 9~�� 0 �� Members: CITY O �3AI P L Roger J. Goswitz, chair ;;��,;;;; Janice Rettman i�n ���n • OFFIC TH� CtTY COU IL Tom Dimond ���� Date: June 7, ,19 9 RECEIVED C mittee Report ��N p�19a9 To: Saint Paul City Co n il CITY C4EkK From :Public Works, U ili ies, and Tran ortation Committee , � Roger J. Goswit , hair ' 1. Approval of minutes of May 31, 1989. • Hearing Date 2. 6/13/89 VACATION: Petition f he Port Authority, win Approved 3-0 .� City Testing and Mi ha 1 E. Ryan for the vacation of MYRTLE TR ET between Cromwe Avenue and Pelham B vd Purpose is to ex nd Twin City Testing f ci ity. 3. 6/13/89 RATIFICATION OF AWA D F DAMAGES: Condem ng Approved 3-0 � and taking a perman nt utility easement u er with and across Lot 28, lo k 4, Rice Street Vi las stipulations , for the ALBEMARLE/N BR KA AREA SEWER PRO CT. ' Easement required b t MWCC. 4. 6/13/89 RATIFICATION OF AWA DAMAGES: Condemn ng Approved 3-0 and taking temporar e ements in conjunct on with the reconstruc 'io of the MARYLAND/JE SIE intersection. 5. 6/13/89 FINAL ORDER: Conde in and taking perman nt Approved 3-0 utility easements an t mporary constructi n easements for the SY VA /ACKER STORM SEWER PROJECT. 6. 6/13/89 RATIFICATION OF AWAR 0 DAMAGES: Condemni g and Approved 3-0 taking permanent uti it easements for the SYLVAN/ACKER SEWER P OJ CT. (Amended orde to be required) . � . ACQUISITION: of prop rt for the SYLVAN/AC ER Approved 3-0 pond from Glacier Pa k ompany. with . amendment. CITY HALL SEVENTH FL UR - SAINT PAUI.� MINNFSOTA 55102 a�o�e i ' 8. 6/20/89 FINAL ORDER: Improving the alleys in Block 26, Laid over in Chas. Weide's Subd. of Blocks 25 and 26 of committee to Arlington Hills Addition by grading alley to the 6/21. easterly North-South alley and grading and paving the westerly North-South alley from Sims Avenue to the north line of Lot 24 in said Block 26. Also construct a sewer in the alley for storm water purposes. Also for slope construction in the above said alley grading and paving. (Project bounded by Edgerton, Sims, Payne and York) . 9. RESOLUTION 89-862: Amending the 1989 budget by Approved 3-0 adding a196,888 to the Financing and Spending with . Plans for Public Works performance improvement amendment. activities. (Referred to Committee 5/18/89) . 10. ORDINANCE 89-896: An ordinance amending Chapter 71 of the Legislative Code pertaining to house a,. numbering and requiring building permits within Approved 3-0 one year after a waiver is granted. (Referred to Committee 5/23/89) . 11. RESOLUTION 89-907: Approval for use of MnDOT Approved 3-0 payment for easements taken on KELLOGG MALL for Kellogg Mall Park construction. , 12. RESOLUTION: to authorize City officials to ' execute an Agreement with Minnesota Department of Transportation for cost participation for Approved 3-0 EAST 7TH STREET RETAINING WALL over Bridge No. 90386 between Payne Avenue and Mounds Blvd. 13. RESOLUTION 89-323: Plan to phase out certain Laid over in water systems. (Laid over in Committee committee 5/31/89) . until 6/21. 14. DISCUSSION: Street and Alley Assessment Laid over in Notices. committee until 6/21. 15. RESOLUTION 89-1013: Authorizing proper City Approved 3-0 officials to execute an agreement with Minnesota Pollution Control Agency pertaining to stormwater into the Mississippi River and amending the 1989 budget by adding $150,000 to the Financing & Spending Plans for Public Works Sewer Service Enterprise Fund. (Referred to Committee 6/6/89) .