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85-1245 WHITE - CiTV CLERK I PINK - FINANCE � COUIICII /� ///�C�/ CANAR'O - DEPARTMENT �Ii GITY OF SAINT PAUL File NO. /��`/� • v ~BLUE - MAVOR � ! Co ncil olution . , � Presented By ' ,(} � Referred To �i � Committee: Date �� -� Out of Committee By 1 Date WHEREAS, the Citl of Saint Paul�Division of Planning and Economic Development�and Al1i Central Stores, Inc., a Delaware corporation (more oommonly known as ldson's) have mutually agreed to an easement of 32 feet by 22 feet at he southwest corner of Cleveland Avenue and Ford Parkway,presently a rt of the Donaldson's parking lot, on which easement, the City proposes to xpand the public sidewalk and construct a kiosk and planters, and WHEREAS, the Alli d Central Stores, Inc. (the fee owner) has agreed to convey to the City of int Paul for a period of 30 years (fro�n August 15, 1985 to Au ust 14, 2015 ) the subject easement on, over and across the follawing property: Z'hat part of Lot e (1) in Auditor's Subdivision No. 87, described as follaws: Begi ing at the point of intersection of a line 671.4 feet West of and allel to the section line in Cleveland Avenue South with the South li of Ford Parkway thence South and parallel to said section line, 705 eet to a point; thence East and parallel to the South line of Ford Parkway, 211.5 feet to a point, thence North and parallel to said s tion line, 454 feet to a point, thence East and parallel to the �th line of Ford Parkway, 57 feet; thence North and parallel to said ection line in Cleveland Avenue, 53.4 feet to a point; thence East and pa�allel to the South line of Fbrd Parkway, 198 feet to a point; thence South and parallel to said section line, 68.4 feet to a point; thence East and parallel to the South line of Ford Parkway, 152 feet more or 1 ss to the West line of Cleveland Avenue; thence North along said st line to the South line of Fbrd Parkway; thence West along the Sou line of Ford Parkway to the point of beginning COUNCILMEN I Yeas Nays i Requested by Department of: ; [n Favor _�__ Against B Form Approved by City Attorney Adopted by Council: Date -� �� ---�� /gs Certified Passed by Council Secretary I By BY ---�- � Approved by 1�lavor: Date _ ' Approve Mayor for Subm's 'ion o Council � BY - � — g ; . �I i MHITE - CITY CLERK � PINK - FINANCE � G I TY O F SA I NT PA U L COUIICII ��/r" �ANAR1*- DEPARTMENT I FSle NO. //� /�� BLUE - MAVOR 'i Return copy to: II CQUn 'l Re o �Z�n Valuations - Room 218 , � � - Presented By Referred To Committee: Date Out of Committee By Date An area of approxima ely 704 square feet and further as shown in red an attached F�chibit A of �the Grant of Fasement Agreement attached hereto and incorporated herein; BE IT I�FtEBY RF50I�VID, that the Council of the City of Saint Paul hereby authorizes and direc s the proper City officials to execute and accept on behalf of the City o Saint Paul a 30 year Grant of Easement Agreement between the City of S int Paul and Allied Central Stores, Inc. (commonly known as Donaldson's) or land owned by Allied Central Stores, Inc. COUNCILMEN I Requested by Department of: Yeas Nays Drew �, Masa;�, In Favor n��os��, �s�.ie+�tr�- _—�__ A gai n s t BY Sonnen DiI'eCtor �m +�- EP 1 2 1g85 Form Approved by City Attorney Adopted by �ouncil: Date /� � Certified Pas e ouncil Se ar By C /'^�C/ � � 1� By . Approved by Nlavor: at ---�-�� SEP 1 � 9�PProve Mayor for Submiss'o to ouncil By _ PUBtlSNED I SEP 2 1 19$5 i e • DE PARTMENT ��J`�/°Z y-� NO 3 O Dave Nelson ' CONTACT 298- 7 PHONE Jul 31 1985 DATE 1 e�� _ ,,,- �„y - - ASSIGN NUMBER FOR ROUTING ORDER Cli All Locations for Si nature : Department Director 3 Director of Management/Mayor � Finance and Management Serv'ces Director 5 City Clerk Budget Director 4 Councilverson Drew � City Attorney 6 T.PSICP ManagPment WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The City will acquire a 30 yea lease from Allied Central Stores, Inc. of a tract of land 32 feet by 22 feet located on the Southwestern corner of Ford Parkway and Cleveland Avenue. This property will be used to const ct a kiosk in connection with the Highland Park Beautification Project. �� COST/BENEFIT, BUDGETARY AND PERS NNEL IMPACTS ANTICIPATED: '"` RECEIVED � AU G 5 i985 None. � � OFFICE �\ � DEPARTAqENaHE D�CTQR R�CC.i'� �►� OF F�q�E .. . �. AND MANAGEMEFVt SERVlC�S AUG � g� �Ati�c��;�� FINANCING SOURCE AND BUDGET ACTI ITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture no� re- Total Amount of Transaction: quired if under $10,00Q) Funding Source: N/A Activity Number: ATTACHMENTS List and Number All Attachments : � l. Council Resolution 2. Copy of Agreement DEPARTMENT REVIEW CITY ATTORNEY REVIEW x Yes No Council Resolution equired? Resolution Required? Yes No x Yes No Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached: City is self-insured. (SEE REV RSE SIDE FOR INSTRUCTIONS) Revised 12/84 ' . • . . �t/c d'S__/0?�.5 . • � ' c�rr oF �,sra�ar THIS AGREEMEN ' is effective as of • the l�� day of v�, , 1985 and is made and executed by and between ID S'I�ORES TY CORPORATION, 1114 Avenue of the Amer icas, New 'York, New York, car,poration organized and existing under the laws of the State of Delaware and the City of Saint Paul, a Minnesota municipal corporation (hereinaft r referred to as the "City") . WITNES.SEI'H r Wt�tEAS, Allied S res Realty Cbrporation is fee owner of certain real property situated in the County of Ramsey, State of Minnesota more particularly described as: �at part of Iat e (1) in Auditor's Subdivision No. 87, •described as fol s: Beginning at the point of intersection of a line 671.4 f et West of and parallel to the section line � in Cleveland Aven e South with the South line of Ford Parkway thence South and rallel to said section line, 705 feet to a point; thence Eas arid parallel to the South line of Ford �arkway, 211.5 feet to a int, thence North and parallel to said section � line, 454 feet to a point; thence East and parallel to the South line of Ford Park ay, 57 feet; thence North and parallel to said section line in C evelarxl Avenue, 53.4 feet to a point; thec�ce . East and_parallel to the South line of Ford Parkway, 198 feet to a point; thenc South and parallel to said section J.ine, 68.4 feet to a po'nt; thence East and parallel to the South line of Ford Park ay, 152 feet more or less to the West line of Cleveiand Aven e; thence North along said WeSt line to the to the South line f Ford Parkway; thence West along the South line of Fbrd Parkw�y to the point of beginning WF�RF',AS, the City ishes to construct in the easement area an expanded . public sidewalk area i luding a kiosk and planters at the Southwest corner of Cleveland Avenue an Ford Parkway (street scape improvem�ent project - Finance File �18385) on 'a portion of the above descr�bed property which is ' prese�ntly used as a parking lot by AlTied Central Stores, Inc. who is a lessee of Allied Stores ealty Corporation; and � NOW THEREFORE, in consideration of the .mutual covenants herein contained, the parties a ree as follaws: . Limited Easement . - Allied Stores Realty Corporation, as owner of the land above described, he eby grants to the City the right to use for public purposes the easement area descr bec� below to construct a kiosk arid planter and to expand the public sidewa k on, over and across said easement. � The easement area is shown outlined i red on attached Exhibit A and legally described as follows: The North 22 feet o the East 32 feet of the parcel described as follaws: '�,, � 1 � � � . ��s-i��s � , '� �� That part o£ Lol One (1) in Auditor's Subdivision No. 87, described as fo laws: Beginning at the point of intersection of a line 671.4 feet West of and parallel to the section line in Clevelarid Av nue South with the South line of Ford Parkway; thence South garallel to said section line, 705 feet to a - point; thence st and parallel to the South line of Ford Parkway, • 211.5 feet to a �int; thence North and parallel to said section ' line, 454 feet a point; thence East and parallel to the South line of Ford Pa kway, 57 feet; thence North and parallel to said section line in Cleveland Avenue, 53.4 feet to a point; thence East and parallel to the South line of Ford Parkway, 198 feet to a paint; thence South parallel to said section line, 68.4 feet to a point; thence st and parallel to the South l.ine of Ford Parkway, 152 feet more o less to the West line of Cleveland Avenue; thence North along sai West line to the South line of Ford Parkway; thence West alor�g the South line of Ford Parkway to the point of beginning The City shall b responsible for payment of all real estate taxes attributable to impro nts to the parcel. The City shall hol Grantor harmless from all claims, demands, ar�d suits relating to damages s stained 'by third parties as a �esult of this easement or on the easement pre ises except for any liability arising out of the sole negligence of the Gran or. The term of the ea ement shall run for 30 years. The City shall have the right to request rene�al for an additional 30 years, and grantor will not , unreasonably deny such�renewal. , ; The Grantor shall lave the right to terminate. the easement upon 60 days . notice, provided Grant r agrees �o reimburse the City for the unamortized cost of capital exp nditures incurxed with respect to non-removable improvements to the pa cel,such expenditur�s to be amortized on a straight- line basis, fram date f expense to the end of the initial 30 year term. Grantor shall hav the right to terminate the easement, without any payment to the City, i the event the parcel shall be utilized in connection with any Highland Park Development Project. ,I , 'il . ' 2 '� , � , . ��,s--i�5�s . . . IN WITNESS F, the parties hereby have caused these presents to be . executed as of the da and yQar first above written. � ALLIE� S'PORES REALTY QORPORATION, a Delaware corporation . BY . � Its BY Its . I�� CITY OF SAINT PAUL ' ' BY Mayor I II BY C ty Clerk , BY � � ' Director, Department of Finance & I Management Services � ; i I ', � . � - , • , ��-i��/S i � . i STATE OF MINNF�SOrrA �) . �) ss. OO�7DTPY OF RAMSEY I) The foregoin instrument was acknowledged before me this day of , 1985 bY legally known as Al1i Stores Realty Oorporation, a Delaware corporat on on behalf of the corpor tion. STATE OF MINNESOTA ss.. QO[7I�Ti9t OF RAMSEY The foregoing in trument was acknawledged before me this day of . 1985 by legally known as Alli Stores Realty Corporation, a Delaware corporation on behalf of the corpora ion. � _ ,; , I . i . I I . , I � '� i s _ . . , r � � . ��= ��s , . � STATE OF MIl�1NF�0'PA )�I )�SS. 00[JNI'� OF' RAMSEY p � , The foregoing instrument was acknowledged before me this ay of , 1985 by o e C ty of Saint Paul, a mun cipal cor rat a� un er t e laras of the State of Minnesota on behalf of the corpora ion. STATE OF MI�OTA ) - ) ss. , OOfJNI'Y OF RAMSEY " ) The foregoing ins rument was ackr�wiedged before me this • day of � , 1985 by , Director, Department of Finance & Management Services of the C ty of Saint Paul, a municipal corp�ration under the laws of the State of Minnesota on behalf of the oorporation. . STATE OF MII�Il�TE.90'PA ), ' )'� SS. , 00(1NTPY OF RAMSEY )I �'he foregoing inst�ument was acknawledged before me this � � day of � , 1985, by Albert B. Olson, City Clerk o �the City o Saint Pau , a municfpal corporatiori under the laws of the State of Minnesota on behalf of the corporation. � �I , � � � � I � � 4 I ' ,_.��'� � . ' . . �.�,..w.r��r�. ; . � • �. . , , .� _ �-�,�_%,�� o � ' �8�� . �f � . . . � � - . . . . ; � . . . ; . . . � . . - .�.M . �' = . � . � �da�� -- - -�- �- °� � � � --� . �� : . . .�� . . . . . x .x � x , . : � �_ :,,.,. _�.,;, _ � � . . . u� '- � . I; •n ' �.�` �� . • . � 3 � �',, )--- � °� 1� T• . . .• . ' Q �„ � � . �;,l � . . � . • � . �, � Q I'i � . . . < oG cC ZS ''� � . e � 3 � `' ' � . � � � o � , � ? � . � � N . . � � � � � � � � � �, � � . � �� . . � 3 � � � -^ � � . . � ' �� . �!. a � • � � '� �� — ° � f' }-�- � ;4 �. - !I- � � � . • p � � � � � ` � � � '� � w � .M ' �� _ � / � 0�.. � • . `n � �� , i � >.._. -� -��.._.., . . . . . yy / .. .�. � . _ ..�_,-� . __-lL-�`.1�.'�� .__.- � � � CITY OF SAINT PAUL M �.os�ero. � OIT'PICI� OI�` '1`III� CITY COIINCIL a�owessea�b i �y��8� I � � - Da te ; September 4 , 1985 C0 �1/IM (TTEE RE PORT TO = SQint Qu I City Council � FROM : Comm� tee Oh PUBLTC wouxs C!� A � R , CHRTS NICOSTA G� , ___ _ , __ -- ------ � _ ___ The Public Works Committ e at its meeting of September 4, 1985 took the � following action: � . Hearina Date � I 1 • 9/19/85 VACATION: ; Petition of United Hospitals for the vacation of Walnut$ Street between Pleasent and Smith Avenues and the alley� in Block 65, Rice 8 Irvines Addition for the purpose qf expanding the hospital campus to provide for the deve�lopment of a medical mall consisting of � physicians' offices and specialty centers. a Recommende�! approva 1 . '� ' 2. f�ESOLI�� _:`C i t . � y`; �to acquire 30-yr. lease from Allied Central Stores, Inc. of a tract of land on the s.w. corner ofjFord Pkwy. and Cleveland to construct a kiosk in connectton with Highland Park Beautification Project. � Recpn��('°��.�� . � 1 , , _ { ___ , _ .. . . � � ;� ;'. , � r i `: � � � � i ` I