The URL can be used to link to this page

00-1193City of St. Paul RBSOLUTION RATIFYING AND CONFIRMIN CONDEDIIqAT20N AND AWARDS OF DAMAG88 Ai3D ASSBSSMENT TFISRBBOR COUNCI FILE N0. __ � O-_L��_ BY �,�z.� C� File No. 18927 In the mattex' Of condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Park in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north 1ine; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot S, and there terminating. TOGETHfiR WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, Block 1, Eastville Heights in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said B1ock 1, as measured at a right angle to said north line; thence easterly parallel with said north line of Block 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of Block 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner oE said Lot 9, and there terminating. Preliminary Final 7UO0 A public hearing having been had upon the taking and condemnation of the lands or easements therein, for the above improvement, and the award of damages therefor, and also upon the assessment of benefits therefor, and the Council having duly considered the same, now therefore be it Ris'SOLV�D, That the taking and condemnation of the lands described in the annexed assessment roll, identified by the signature of the Director of Technology and made a part hereof, and the awards of damages to the owenrs of such lands for said taking and condemnation as set forth in said assessment roll, be and the same is hereby in all respects ratified and confirmed. RESOLVED FURTHER, That the said assessment of benefits, be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court £or confirmation. Yea.°. Nays l�.a� ►/S�akey v�nstrom v�'�>leman v'larris ✓� ✓�;eiter �In Favor � Against Adopted by the Council: Date_��sD_�'�C : Certified Passed by Council Secretary By— � S2 �.�� „�� .: �— _. - - Mayor Public Hearing Date Requested for December 20, 2000 p O—\�R3 T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 104757 ontact Person and Phone l�iumber: ��T�T Dm��ct'ox 1 crnr comvcu, ,a Juan Ortiz/Peter �'hite 266-8850 ATTO�r cr.�x DDGE'P DII2ECTOR YOR (OR ASSLSTAN1y ust be Co nt Agenda by: November 22, 2000 f Pablic Hearing date of 12-20-2000 OTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Set date to ratify the award for the condemnation of easement rights. Ratify permanent right of way easements to widen Maryland at Arcade -TMS �Yle Number 18927E ERSONAL SERVICE CONTRACTS MUST ANSWER THE COMMENDATiONS:APPROVE(A)ORREJECT(R) OLLOWING: 1. Has the person/firm ever worked under a contract for this epartment? YES NO PLANMNGCOMMLSSION STAFF A . Has this person/firm ever been a City employee? YES NO C1VIL SERVICE COMMISSION . Does this person/Srmpossess a skiD not nonnelly possessed by any YES NO CIB COMMITTE6 Ex lain all YES answers on a se arate sheet and attachment COUNCIL WARD(S) 6 DISTffiCT PLANNING COUNCIL 1VITIATING PROBLEM, ISSLTE, OPPORTUIVITY (Who, What, When, Where, Why?): he City approved proceeding with the w9dening of Maryland at Arcade - right of way easements are needed n rivate ro e to com lete said widenin . VANTAGES IF APPROVED: he City will be able to have turn lanes at the above mentioned intersection and make the area safer for ve one. ISADVANTAGES IF APPROVED: ncumbrances to the affected ro erties. ISADVANTAGES IF NOT APPROVED: 's is a hi 1rat�c area that wiil continue to be dan erous without the abili for vehicles to tum. OTAL AMOUNT OF $37,400.00 COST/REVENUE BUDGETED? YE5 NO RANSACTION: UNDING SOURCE: PROJECT FUNDS ACTIVITY NUMBER: ANCIAL INFORMATION: � � O O �� _ � i � a 0 3 � o z � < o a e � i""" .fc I CO m � 0 NiZt� ' � a .ZZt .ZZt v � 1S H100N3W .tZl n .lo'ZZl �0'ZZt OO � I oi � m � .-_. m � � � �o p � o N m N o N.. � � o � ° a � N " �m o I o �a N °--' ` � ��. ° I o tn �� N `% � � N °% I� n N °= �m n CO m N a i I a � ° V O o ', N ° I -, 0 O m o ; I a N `" Q -- p� o � N m < ¢ �. � J � � � �� Q O� �- � ' �v o � ; � �� o � � � `ZA ,L£ L . ,S�OZZI n •l 3ad� �Za N � � v .L6 tZt v a I N ^ N -° � N � o N c u� ^ N ° � a N ° � n " N ° N « N ° N = � O o N ° �— �— � �n ` 4 � q �- � m 0 \ � � a w N K /` I � !i: fr. > ¢ ¢ Q E . � �: h ° ��o _ o v L � n � N oa. „ov oa' o,��y `oa� COe °� I M o � � o mo _ � � m _ _- z 3 _ 4 � o E � e ° .� w o _ o _ _y,o, p I .i d �. � °' o _ o� _c _ a � 1 i � � � W ° ° � u � d- �` � p c v_ ` 3 ` m r ^ o -' � I u = 0 9 n o v c c � ' ° 1 0 � e � 9 ¢' va o°:=_� n., y a M � c ��9styon �e9ssc�°� Nm � � h.. � �3 o n" '�Sn�L' 6 �3 0 ' -c-$ I � ' `x �� 9 �,� � _� -_- p "' � E `�i��°��,je `a'.c.^,uw'we a " E '^ '� � 'a"_ u T � � n J 06` O� ° a I ° � � 3 � z° _ �o�o�zoa� P "' 6�o` o e��m=v3"� � r ; 'aa � �_.. 'a ., '1S3013M � a '=r=;=a�o m ��r="tg�€ �� - - - � o°``=d�yV � �" � se�F� o� 3 .?mo"�:v8 � f--_l r — ° E � Eaa"m"�$a�< q �m� o d> a``>u ° ¢`u�iu � e `�`�� City of St. Paul COUNCIL FILE N0. REPORT OF DIRECTOR OF THCH ON CONDFS'II�TATION OF LANDS File No. 18927E 00 -��93 In the matter o£ condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Park in the City of Saint Paul, Minnesota and as recorded in the office of the ftamsey County Recorder, lying northerly of the following described 1ine: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north line; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot S, and there terminating. TOGETHER WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, E1ock 1, Eastville Heights in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said Block 1, as measured at a right angle to said north line; thence easterly para11e1 with said north line of Block 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of B1ock 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner of said Lot 9, and there terminating. Preliminary Final Order Order �/ —�'� / approved Cvl�/'� /i��v v� 3�"� approved i s� TO THE COUNCIL OF THE CITY OF ST. PAUL: The Director of Technology hereby reports: That he has fixed and determined the value of the land, lands or easements therein taken and appropriated for the above improvement and the amounts of the awards of damages therefor to the owners thereof, and the persons to whom such awards are payable; that he has also fixed and determined the amount of benefits to property, from the making of said improvement, not exceeding the cost thereof, and that attached is an assessment roll entitled as above and identified with the signature of the undersigned, containing the undersigned's finding on said matter. Director of Technology oe _�\�l'� SUMMARY OF ENGINEERING RECOMMENDATIONS Maryland/Arcade Channelization Right of �Vay Acquisition Report Prepared - 2-11-00 Public Iiearing - to be scheduled PROJECT: Acquire right of way and slope easements necessary for the widening of the south side of Maryland Avenue between Weide Street and Mendota Streei. INITIATING ACTION: The pro}ect is being initiated by the Department of Public Works. PROPOSEDIMPROVEMENTS It is proposed to widen the pavement on Maryland Avenue at Arcade Street ro 53' wide to allow for left turn lanes from Maryland to Arcade. The additional pavement wid[h will require the acquisition of additional right of way. In order ro minimize the impacts of the right of way acquisition, it is proposed to acquire all of the right of wny and do all of the widening on the south side of Maryland. An additional9' of right of way is needed. The existing curb and walk on the south side of the roadway will be removed and reconstructed at the 53' width. The existing sia al system will be modified as necessary to allow for the left turns onto Arcade Street. It is proposed to maintain one lane of traffic in each direction during the construction. PROPOSED RZGHT OF WAY ACQUISITION: It is proposed ro acquire the right of way as shown on the attached map and descriptions: POSITIVE BENEFITS: Addition of left tum lanes on Maryland at Arcade will greatly improve access to the Arcade Street business area and reduce the amount of traffic which uses neighborhood residential streets to get to Arcade from Maryland. ADVERSE EFFECTS: The widening will necessitate taking of roadway right of way on 12 properties. It will be necessary to completely acquire 2 of those properties due to the proximity of the structure to the widened roadway and relocated sidewalk. TIME SCHEDULE: The project will begin in the late summer/early fall of 2000 and will be completed by late fal] of 2000. Page 1 of 2 � 0 0 -\�q� COST ESTIMATES: Right of Way PROJECT TOTAL ESTIMATED FINANCING: Municipal State Aid PROJECT TOTAL $ 370,000 $ 370,000 � 370,000 370,000 Ramsey County does not fund right of way acquisition for this type of project. We are proposing to use MSA funding for the project. SOURCE OF ADDITIONAL INFORMATION: For additional information, contact the Project Engineer Paul St. Martin, at 266-6118. SUMMARY AND RECOMMENDATION: The Department of Public Works feels that this is a necessary and worthwhile project and the Engineering Recommendation is for approval of the project and financing. Respectfully submitted, ThomasEggum Director of Public Works Page 2 of 2 City of St. Paul RBSOLUTION APPROVING ASSBSSMENT AND FIXING TIMB OF HEARING THERPsON F�ND FIX2NG T=M8 OF FIEARING ON T88 AWARD OF D71M�G8S • • • Y J��/ll / i File No. 18927E 00-\\q3 �� Ia the matter of condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and S, Slock 13, Oak vi11e Park in the CiCy of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north line; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot 8, and there terminating. TOGfiTHEA WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, B1ock 1, Eastville Heights in the City of Saint Pau1, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said B1ock 1, as measured at a right angle to said north line; thence easterly para11e1 with said north line of B1ock 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of Block 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner of said Lot 9, and there terminating. Praliminaxy Ordar � � �.� � approved /�lGr✓� � � � � 1 Final Order ti' �— 3�`"7` approved_ �+" �` S 7 D v� The Director of Technology having submitted his report in the above matter as to the amount of damages awarded for the taking of the land or easements therein appropriated for the above improvement and to whom payable; and also having submitted his assessment of benefits to property from the making of said improvement, therefore be it RESOLVED, That the said assessment of benefits be and the same is hereby approved. RESOLVSD FURTHER, That a public hearing be had before the Council upon said report and for a confirmation of the award of damages made by the Director of Technology and also upon the said assessment of benefits; at the Council Chamber, in the Court House in the City of St. Pau1 on the 20th dav of December. 2000, at the hour of 5:30 P.M. and that the Director of Technology be and he is directed to give notice of said hearing as prescribed by the Charter. COUNCILPERSON Yea� Nays r�Benanav � �akey �s trom �1 eman �xarris I/La sy eiter �In Favor �Against Adopted by the Council: Date y.� � q J Certified Passes by Council Secretary L� l � / ` Mayor � �f ao -�� LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW December 19, 2000 ROGER G MILLER TIMOTHY7.KUNTZ DANIEL].BEESON ROLLIN H. CRAWFORD KENNETHI-ROHLF �I'ONETTA T. D0�1E STEPHEN H. FOCHLER '*7AY P. KARLOVICH ANGELA M.LUTZAMANN KORIlVE L. LAND ANN C. O'REILLY TROY C. KEPLER ERIC H.SAGVOLD DARCY M. MOHR HAROLD LEVANDER 1910-1992 Mayor I�iorman Coleman and the St. Paul City Council 15 West Kellogg Boulevard St. Paul, MN 55102 - RE: City of St. Paul v. Sinclair Oil Corporation 1200 Arcade Street — Sinclair Condemnation Partial Taking for Maryland Avenue East Construction Project (Lots 12, 13, 14, and 15, Block 1, Eastville Heights Addition) Our File No. 18675.08000 Dear Mayor Coleman and St. Paul City Council Members: ARTHUR GIW,EN RETIRED 'AISO ADMRTEO W WISCONSW ^ALSO AOMfITED IN NOR]'H DAAOtA Our client, Sinclair Oil Corporation (Sinclair), owns the Sinclair gas and service station located at 1200 Arcade Street and Maryland Avenue East in St. Paul. As a result of the proposed Maryland Avenue improvement project, the Sinclair station is going to suffer both direct and substantiai severance damages. We would, however, first acknowledge the cooperation that Sinclair has received to date from both the Ciry real estate department and engineering staff. As a result of the approach taken by your professional staff, Sinclair has been assured that the two (2) critical curb cuts closest to the intersection of Maryland Avenue and Arcade Street will be retained. This accommodation will greatly mitigate the damages that this Sinclair parcel will suffer, as"a consequence of the taking. Sinclair Oil Corporauon recognizes the 3mportance,of the Maryland Avenue improvement project to the neighborhood, as well as to the City of St. Paul. Therefore, Sinclair does not object to the public purpose being served by this construction project. Sinclair does, however, have a legitunate dispute as to the amount of just compensation to be paid in consideration of the damages caused by tfie taking. To assist in evaluation of the City's $28,000 offer, Sinclair has engaged the services of appraiser C.E. (Pete) LaSalle of C.E. LaSalle & Associates to analyze the impact of the partial taking. Mr. LaSalie has conciuded based on compazable sales of similazly developed parcels 633 SOUTEI CONCORD STREET• SUITE 400 • SOiJ1'H SAIIVT' PAiJL, MINNFSOTA 55075 • 651-451-1831 • FAX 651-450-7384 aD �t i� Mayor Norman Coleman and the St. Paul Ciry Council Page 2 December 19, 2000 ranging from $500,000 to $1,000,000 that the vatue of the land to be acquired is $12.50/S.F. In addition, as a result of the taking, the Sinclair station will suffer a loss of parking and disruption of internal traffc circulation, as well as diminution in value due to the temporary construction interference that will occur during the period of construction. Based upon his preliminary appraisal investigauon and reseazch, Mr. LaSalle has concluded that the direct and severance damages that result from these elements of the taking are $70,000. In addition, Sinclair management has reviewed the scope of the taking and its consequential impact upon future redevelopment of the site. The highest and best use of the parcel is for conversion of the site to a state of the art convenience store and pumper station. The Sinciair engineering and planning departrnent has concluded that as a result of the 9 foot taking along Maryland Avenue and constriction of the site, any new building will have to be reoriented so that it faces north on Maryland Avenue as opposed to facing west on Arcade Street. This building reorientation would not be required prior to the taking, and wiil ultimately cause the removal and replacement of the exis6ng underground storage tanks. Further investigation of the cost impact of this consequential damage is continuing. However, the prelnninary- estimate is that the "wst to cure" will be at least an additional $117,400. We reiterate that this cost would not be incurred upon redevelopment prior to the taking, and that this represents an additional element of consequential damages. � Therefore, Sinclair Oil Corporation asks that the City Council reject as inadequate the City's $28,000 damage appraisal. Rather, Sinclaix requests that the City Council confirm an award of $187,400 as the amount of just compensation to be paid as a consequence of the City's partial taking of the Sinclair parcel. � � By: � Daniel J. c: Scott ay da, Esq. Steven eil, Real Estate Manager Pete LaSalle Larry Feldsien Peter White Juan Ortiz F�XH�BIT �•� ,� � 60' � (� � W � �� i 10 11i ;158) � � 9 (9) � 12 1 13 (159) (760) PERMANENTROW 00 -��13 6'SLOPE/CONSTRUCTION EASEMENT 14 �15 I16 f 17 (167) (162) (763) I 40' 8� 42' . :16 17 18 N N �93� � 40' 40' 40' n � �135'� ^ 771'� � ' ' 30' -- - 1 :o'--- =-�a-;_ : - -- -- - - - - - - - - =---=-- - ----- -- ----- ------------ ---- --------------- -- � - � �� N 8 7 6 5 4 3 2 °1 � o 015 � ��) �6) � � � y c� � � . n IP � � 2 �¢ Description for Right of Way basements on Mazyland Avenue East. An easement for road purposes over, under and across I.ots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Pazk in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 fect south of the north line of said Block 13, measured at a right an�le to said nozth line; thence westerly parallel to the north line of said Block 13 to a point on [he west line of the east 9.00 feet of I.ot 5, a distance of 9.00 fee[ south of the north linz said Block 13; thence westedy to a poin[ on Ihc nor(h linc oFsaid Lo[ 3, Block 13, a distancc of 24.00 Ccct wcst of thc northeast comer of said Lot 8, and there terminating. TOGETHER WI1'H An easement for road pucposes aver, under and across Lots 9,10,11,12,13,14 and 1 S, Block 1, Eastville Heights in the Ci[y of Saint Paul, Minnesota and as recorded in the office of the Rasnsey County Recorder, lying northerly of the followin� described line: Beginnine at a point on thc west line of said Lot f 5, a distance of 9.00 feet south of the north line of said Block 1, as measured at a right angle to said north line; thcnce eastedy parallel with said north line of Block I to a point on the east line of said Lot 13, a distance of 9.00 fee[ south oF said north line of Block 1; thence easterly to a point on the north line of said Loc 9, a distance of 20.00 feet e.ut of the northwest corner of said Lot 9, and there terminating. ;� �f 6 18 0 � I N I N N MARYI 120' 9 ', ------ ----- � - 6' 14 13 � A � 17 18 � � O z SCAIE iN PEET .o b zo ,o o zo RIGHT OF PftEPME�BY STREET EhGiNEERiNG DIYISiON vc MARYLAND AVE. 19 I 20 I21 �22 I 23 � 24 I 25 I26 I 27 I28 I 29 30 :- I -2 � � � �° � � C �Cioo� � (�oi} �ioz) N � .AND AVE. i iao' I � 12 �11 10 9� 8 I 7 6 5� 4 � 3 �gg� (gg) (g4) �93) I �9z) (e�) (139) 40' 9.92' � a.88' M — — `� 40' 39.42' 60' 40' �- I 2 1 `� N 15 s (90) N � � O � D W ' � 19 20 21 22 23 24 25 26 27 28 29 30 0 � �16 (99} �ioo) (ioi� �ioz) (ios) Ro�) (ios� (�os) (zo�) (ios) (rez) h I ($) , REVISED 4/25/00 MARYLAND AVE. WEIDE ST. TO MENDOTA ST. iME OT�' 0: ST. Pqpl, OEP4RIDENi OF PUBUC WORKS PRO KCT: OO�P^� ZO4 pgp�c�T NUMBER: �HANNELIZATION °�^�`R ,2 nau�: MARY—ARCADE.DWG ON'C no. 1447 � Y/21 /�� SH[ET K0. 5 OF 6 91cET5 City of St. Paul RBSOLUTION RATIFYING AND CONFIRMIN CONDEDIIqAT20N AND AWARDS OF DAMAG88 Ai3D ASSBSSMENT TFISRBBOR COUNCI FILE N0. __ � O-_L��_ BY �,�z.� C� File No. 18927 In the mattex' Of condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Park in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north 1ine; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot S, and there terminating. TOGETHfiR WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, Block 1, Eastville Heights in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said B1ock 1, as measured at a right angle to said north line; thence easterly parallel with said north line of Block 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of Block 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner oE said Lot 9, and there terminating. Preliminary Final 7UO0 A public hearing having been had upon the taking and condemnation of the lands or easements therein, for the above improvement, and the award of damages therefor, and also upon the assessment of benefits therefor, and the Council having duly considered the same, now therefore be it Ris'SOLV�D, That the taking and condemnation of the lands described in the annexed assessment roll, identified by the signature of the Director of Technology and made a part hereof, and the awards of damages to the owenrs of such lands for said taking and condemnation as set forth in said assessment roll, be and the same is hereby in all respects ratified and confirmed. RESOLVED FURTHER, That the said assessment of benefits, be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court £or confirmation. Yea.°. Nays l�.a� ►/S�akey v�nstrom v�'�>leman v'larris ✓� ✓�;eiter �In Favor � Against Adopted by the Council: Date_��sD_�'�C : Certified Passed by Council Secretary By— � S2 �.�� „�� .: �— _. - - Mayor Public Hearing Date Requested for December 20, 2000 p O—\�R3 T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 104757 ontact Person and Phone l�iumber: ��T�T Dm��ct'ox 1 crnr comvcu, ,a Juan Ortiz/Peter �'hite 266-8850 ATTO�r cr.�x DDGE'P DII2ECTOR YOR (OR ASSLSTAN1y ust be Co nt Agenda by: November 22, 2000 f Pablic Hearing date of 12-20-2000 OTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Set date to ratify the award for the condemnation of easement rights. Ratify permanent right of way easements to widen Maryland at Arcade -TMS �Yle Number 18927E ERSONAL SERVICE CONTRACTS MUST ANSWER THE COMMENDATiONS:APPROVE(A)ORREJECT(R) OLLOWING: 1. Has the person/firm ever worked under a contract for this epartment? YES NO PLANMNGCOMMLSSION STAFF A . Has this person/firm ever been a City employee? YES NO C1VIL SERVICE COMMISSION . Does this person/Srmpossess a skiD not nonnelly possessed by any YES NO CIB COMMITTE6 Ex lain all YES answers on a se arate sheet and attachment COUNCIL WARD(S) 6 DISTffiCT PLANNING COUNCIL 1VITIATING PROBLEM, ISSLTE, OPPORTUIVITY (Who, What, When, Where, Why?): he City approved proceeding with the w9dening of Maryland at Arcade - right of way easements are needed n rivate ro e to com lete said widenin . VANTAGES IF APPROVED: he City will be able to have turn lanes at the above mentioned intersection and make the area safer for ve one. ISADVANTAGES IF APPROVED: ncumbrances to the affected ro erties. ISADVANTAGES IF NOT APPROVED: 's is a hi 1rat�c area that wiil continue to be dan erous without the abili for vehicles to tum. OTAL AMOUNT OF $37,400.00 COST/REVENUE BUDGETED? YE5 NO RANSACTION: UNDING SOURCE: PROJECT FUNDS ACTIVITY NUMBER: ANCIAL INFORMATION: � � O O �� _ � i � a 0 3 � o z � < o a e � i""" .fc I CO m � 0 NiZt� ' � a .ZZt .ZZt v � 1S H100N3W .tZl n .lo'ZZl �0'ZZt OO � I oi � m � .-_. m � � � �o p � o N m N o N.. � � o � ° a � N " �m o I o �a N °--' ` � ��. ° I o tn �� N `% � � N °% I� n N °= �m n CO m N a i I a � ° V O o ', N ° I -, 0 O m o ; I a N `" Q -- p� o � N m < ¢ �. � J � � � �� Q O� �- � ' �v o � ; � �� o � � � `ZA ,L£ L . ,S�OZZI n •l 3ad� �Za N � � v .L6 tZt v a I N ^ N -° � N � o N c u� ^ N ° � a N ° � n " N ° N « N ° N = � O o N ° �— �— � �n ` 4 � q �- � m 0 \ � � a w N K /` I � !i: fr. > ¢ ¢ Q E . � �: h ° ��o _ o v L � n � N oa. „ov oa' o,��y `oa� COe °� I M o � � o mo _ � � m _ _- z 3 _ 4 � o E � e ° .� w o _ o _ _y,o, p I .i d �. � °' o _ o� _c _ a � 1 i � � � W ° ° � u � d- �` � p c v_ ` 3 ` m r ^ o -' � I u = 0 9 n o v c c � ' ° 1 0 � e � 9 ¢' va o°:=_� n., y a M � c ��9styon �e9ssc�°� Nm � � h.. � �3 o n" '�Sn�L' 6 �3 0 ' -c-$ I � ' `x �� 9 �,� � _� -_- p "' � E `�i��°��,je `a'.c.^,uw'we a " E '^ '� � 'a"_ u T � � n J 06` O� ° a I ° � � 3 � z° _ �o�o�zoa� P "' 6�o` o e��m=v3"� � r ; 'aa � �_.. 'a ., '1S3013M � a '=r=;=a�o m ��r="tg�€ �� - - - � o°``=d�yV � �" � se�F� o� 3 .?mo"�:v8 � f--_l r — ° E � Eaa"m"�$a�< q �m� o d> a``>u ° ¢`u�iu � e `�`�� City of St. Paul COUNCIL FILE N0. REPORT OF DIRECTOR OF THCH ON CONDFS'II�TATION OF LANDS File No. 18927E 00 -��93 In the matter o£ condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Park in the City of Saint Paul, Minnesota and as recorded in the office of the ftamsey County Recorder, lying northerly of the following described 1ine: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north line; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot S, and there terminating. TOGETHER WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, E1ock 1, Eastville Heights in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said Block 1, as measured at a right angle to said north line; thence easterly para11e1 with said north line of Block 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of B1ock 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner of said Lot 9, and there terminating. Preliminary Final Order Order �/ —�'� / approved Cvl�/'� /i��v v� 3�"� approved i s� TO THE COUNCIL OF THE CITY OF ST. PAUL: The Director of Technology hereby reports: That he has fixed and determined the value of the land, lands or easements therein taken and appropriated for the above improvement and the amounts of the awards of damages therefor to the owners thereof, and the persons to whom such awards are payable; that he has also fixed and determined the amount of benefits to property, from the making of said improvement, not exceeding the cost thereof, and that attached is an assessment roll entitled as above and identified with the signature of the undersigned, containing the undersigned's finding on said matter. Director of Technology oe _�\�l'� SUMMARY OF ENGINEERING RECOMMENDATIONS Maryland/Arcade Channelization Right of �Vay Acquisition Report Prepared - 2-11-00 Public Iiearing - to be scheduled PROJECT: Acquire right of way and slope easements necessary for the widening of the south side of Maryland Avenue between Weide Street and Mendota Streei. INITIATING ACTION: The pro}ect is being initiated by the Department of Public Works. PROPOSEDIMPROVEMENTS It is proposed to widen the pavement on Maryland Avenue at Arcade Street ro 53' wide to allow for left turn lanes from Maryland to Arcade. The additional pavement wid[h will require the acquisition of additional right of way. In order ro minimize the impacts of the right of way acquisition, it is proposed to acquire all of the right of wny and do all of the widening on the south side of Maryland. An additional9' of right of way is needed. The existing curb and walk on the south side of the roadway will be removed and reconstructed at the 53' width. The existing sia al system will be modified as necessary to allow for the left turns onto Arcade Street. It is proposed to maintain one lane of traffic in each direction during the construction. PROPOSED RZGHT OF WAY ACQUISITION: It is proposed ro acquire the right of way as shown on the attached map and descriptions: POSITIVE BENEFITS: Addition of left tum lanes on Maryland at Arcade will greatly improve access to the Arcade Street business area and reduce the amount of traffic which uses neighborhood residential streets to get to Arcade from Maryland. ADVERSE EFFECTS: The widening will necessitate taking of roadway right of way on 12 properties. It will be necessary to completely acquire 2 of those properties due to the proximity of the structure to the widened roadway and relocated sidewalk. TIME SCHEDULE: The project will begin in the late summer/early fall of 2000 and will be completed by late fal] of 2000. Page 1 of 2 � 0 0 -\�q� COST ESTIMATES: Right of Way PROJECT TOTAL ESTIMATED FINANCING: Municipal State Aid PROJECT TOTAL $ 370,000 $ 370,000 � 370,000 370,000 Ramsey County does not fund right of way acquisition for this type of project. We are proposing to use MSA funding for the project. SOURCE OF ADDITIONAL INFORMATION: For additional information, contact the Project Engineer Paul St. Martin, at 266-6118. SUMMARY AND RECOMMENDATION: The Department of Public Works feels that this is a necessary and worthwhile project and the Engineering Recommendation is for approval of the project and financing. Respectfully submitted, ThomasEggum Director of Public Works Page 2 of 2 City of St. Paul RBSOLUTION APPROVING ASSBSSMENT AND FIXING TIMB OF HEARING THERPsON F�ND FIX2NG T=M8 OF FIEARING ON T88 AWARD OF D71M�G8S • • • Y J��/ll / i File No. 18927E 00-\\q3 �� Ia the matter of condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and S, Slock 13, Oak vi11e Park in the CiCy of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north line; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot 8, and there terminating. TOGfiTHEA WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, B1ock 1, Eastville Heights in the City of Saint Pau1, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said B1ock 1, as measured at a right angle to said north line; thence easterly para11e1 with said north line of B1ock 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of Block 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner of said Lot 9, and there terminating. Praliminaxy Ordar � � �.� � approved /�lGr✓� � � � � 1 Final Order ti' �— 3�`"7` approved_ �+" �` S 7 D v� The Director of Technology having submitted his report in the above matter as to the amount of damages awarded for the taking of the land or easements therein appropriated for the above improvement and to whom payable; and also having submitted his assessment of benefits to property from the making of said improvement, therefore be it RESOLVED, That the said assessment of benefits be and the same is hereby approved. RESOLVSD FURTHER, That a public hearing be had before the Council upon said report and for a confirmation of the award of damages made by the Director of Technology and also upon the said assessment of benefits; at the Council Chamber, in the Court House in the City of St. Pau1 on the 20th dav of December. 2000, at the hour of 5:30 P.M. and that the Director of Technology be and he is directed to give notice of said hearing as prescribed by the Charter. COUNCILPERSON Yea� Nays r�Benanav � �akey �s trom �1 eman �xarris I/La sy eiter �In Favor �Against Adopted by the Council: Date y.� � q J Certified Passes by Council Secretary L� l � / ` Mayor � �f ao -�� LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW December 19, 2000 ROGER G MILLER TIMOTHY7.KUNTZ DANIEL].BEESON ROLLIN H. CRAWFORD KENNETHI-ROHLF �I'ONETTA T. D0�1E STEPHEN H. FOCHLER '*7AY P. KARLOVICH ANGELA M.LUTZAMANN KORIlVE L. LAND ANN C. O'REILLY TROY C. KEPLER ERIC H.SAGVOLD DARCY M. MOHR HAROLD LEVANDER 1910-1992 Mayor I�iorman Coleman and the St. Paul City Council 15 West Kellogg Boulevard St. Paul, MN 55102 - RE: City of St. Paul v. Sinclair Oil Corporation 1200 Arcade Street — Sinclair Condemnation Partial Taking for Maryland Avenue East Construction Project (Lots 12, 13, 14, and 15, Block 1, Eastville Heights Addition) Our File No. 18675.08000 Dear Mayor Coleman and St. Paul City Council Members: ARTHUR GIW,EN RETIRED 'AISO ADMRTEO W WISCONSW ^ALSO AOMfITED IN NOR]'H DAAOtA Our client, Sinclair Oil Corporation (Sinclair), owns the Sinclair gas and service station located at 1200 Arcade Street and Maryland Avenue East in St. Paul. As a result of the proposed Maryland Avenue improvement project, the Sinclair station is going to suffer both direct and substantiai severance damages. We would, however, first acknowledge the cooperation that Sinclair has received to date from both the Ciry real estate department and engineering staff. As a result of the approach taken by your professional staff, Sinclair has been assured that the two (2) critical curb cuts closest to the intersection of Maryland Avenue and Arcade Street will be retained. This accommodation will greatly mitigate the damages that this Sinclair parcel will suffer, as"a consequence of the taking. Sinclair Oil Corporauon recognizes the 3mportance,of the Maryland Avenue improvement project to the neighborhood, as well as to the City of St. Paul. Therefore, Sinclair does not object to the public purpose being served by this construction project. Sinclair does, however, have a legitunate dispute as to the amount of just compensation to be paid in consideration of the damages caused by tfie taking. To assist in evaluation of the City's $28,000 offer, Sinclair has engaged the services of appraiser C.E. (Pete) LaSalle of C.E. LaSalle & Associates to analyze the impact of the partial taking. Mr. LaSalie has conciuded based on compazable sales of similazly developed parcels 633 SOUTEI CONCORD STREET• SUITE 400 • SOiJ1'H SAIIVT' PAiJL, MINNFSOTA 55075 • 651-451-1831 • FAX 651-450-7384 aD �t i� Mayor Norman Coleman and the St. Paul Ciry Council Page 2 December 19, 2000 ranging from $500,000 to $1,000,000 that the vatue of the land to be acquired is $12.50/S.F. In addition, as a result of the taking, the Sinclair station will suffer a loss of parking and disruption of internal traffc circulation, as well as diminution in value due to the temporary construction interference that will occur during the period of construction. Based upon his preliminary appraisal investigauon and reseazch, Mr. LaSalle has concluded that the direct and severance damages that result from these elements of the taking are $70,000. In addition, Sinclair management has reviewed the scope of the taking and its consequential impact upon future redevelopment of the site. The highest and best use of the parcel is for conversion of the site to a state of the art convenience store and pumper station. The Sinciair engineering and planning departrnent has concluded that as a result of the 9 foot taking along Maryland Avenue and constriction of the site, any new building will have to be reoriented so that it faces north on Maryland Avenue as opposed to facing west on Arcade Street. This building reorientation would not be required prior to the taking, and wiil ultimately cause the removal and replacement of the exis6ng underground storage tanks. Further investigation of the cost impact of this consequential damage is continuing. However, the prelnninary- estimate is that the "wst to cure" will be at least an additional $117,400. We reiterate that this cost would not be incurred upon redevelopment prior to the taking, and that this represents an additional element of consequential damages. � Therefore, Sinclair Oil Corporation asks that the City Council reject as inadequate the City's $28,000 damage appraisal. Rather, Sinclaix requests that the City Council confirm an award of $187,400 as the amount of just compensation to be paid as a consequence of the City's partial taking of the Sinclair parcel. � � By: � Daniel J. c: Scott ay da, Esq. Steven eil, Real Estate Manager Pete LaSalle Larry Feldsien Peter White Juan Ortiz F�XH�BIT �•� ,� � 60' � (� � W � �� i 10 11i ;158) � � 9 (9) � 12 1 13 (159) (760) PERMANENTROW 00 -��13 6'SLOPE/CONSTRUCTION EASEMENT 14 �15 I16 f 17 (167) (162) (763) I 40' 8� 42' . :16 17 18 N N �93� � 40' 40' 40' n � �135'� ^ 771'� � ' ' 30' -- - 1 :o'--- =-�a-;_ : - -- -- - - - - - - - - =---=-- - ----- -- ----- ------------ ---- --------------- -- � - � �� N 8 7 6 5 4 3 2 °1 � o 015 � ��) �6) � � � y c� � � . n IP � � 2 �¢ Description for Right of Way basements on Mazyland Avenue East. An easement for road purposes over, under and across I.ots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Pazk in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 fect south of the north line of said Block 13, measured at a right an�le to said nozth line; thence westerly parallel to the north line of said Block 13 to a point on [he west line of the east 9.00 feet of I.ot 5, a distance of 9.00 fee[ south of the north linz said Block 13; thence westedy to a poin[ on Ihc nor(h linc oFsaid Lo[ 3, Block 13, a distancc of 24.00 Ccct wcst of thc northeast comer of said Lot 8, and there terminating. TOGETHER WI1'H An easement for road pucposes aver, under and across Lots 9,10,11,12,13,14 and 1 S, Block 1, Eastville Heights in the Ci[y of Saint Paul, Minnesota and as recorded in the office of the Rasnsey County Recorder, lying northerly of the followin� described line: Beginnine at a point on thc west line of said Lot f 5, a distance of 9.00 feet south of the north line of said Block 1, as measured at a right angle to said north line; thcnce eastedy parallel with said north line of Block I to a point on the east line of said Lot 13, a distance of 9.00 fee[ south oF said north line of Block 1; thence easterly to a point on the north line of said Loc 9, a distance of 20.00 feet e.ut of the northwest corner of said Lot 9, and there terminating. ;� �f 6 18 0 � I N I N N MARYI 120' 9 ', ------ ----- � - 6' 14 13 � A � 17 18 � � O z SCAIE iN PEET .o b zo ,o o zo RIGHT OF PftEPME�BY STREET EhGiNEERiNG DIYISiON vc MARYLAND AVE. 19 I 20 I21 �22 I 23 � 24 I 25 I26 I 27 I28 I 29 30 :- I -2 � � � �° � � C �Cioo� � (�oi} �ioz) N � .AND AVE. i iao' I � 12 �11 10 9� 8 I 7 6 5� 4 � 3 �gg� (gg) (g4) �93) I �9z) (e�) (139) 40' 9.92' � a.88' M — — `� 40' 39.42' 60' 40' �- I 2 1 `� N 15 s (90) N � � O � D W ' � 19 20 21 22 23 24 25 26 27 28 29 30 0 � �16 (99} �ioo) (ioi� �ioz) (ios) Ro�) (ios� (�os) (zo�) (ios) (rez) h I ($) , REVISED 4/25/00 MARYLAND AVE. WEIDE ST. TO MENDOTA ST. iME OT�' 0: ST. Pqpl, OEP4RIDENi OF PUBUC WORKS PRO KCT: OO�P^� ZO4 pgp�c�T NUMBER: �HANNELIZATION °�^�`R ,2 nau�: MARY—ARCADE.DWG ON'C no. 1447 � Y/21 /�� SH[ET K0. 5 OF 6 91cET5 City of St. Paul RBSOLUTION RATIFYING AND CONFIRMIN CONDEDIIqAT20N AND AWARDS OF DAMAG88 Ai3D ASSBSSMENT TFISRBBOR COUNCI FILE N0. __ � O-_L��_ BY �,�z.� C� File No. 18927 In the mattex' Of condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Park in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north 1ine; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot S, and there terminating. TOGETHfiR WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, Block 1, Eastville Heights in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said B1ock 1, as measured at a right angle to said north line; thence easterly parallel with said north line of Block 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of Block 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner oE said Lot 9, and there terminating. Preliminary Final 7UO0 A public hearing having been had upon the taking and condemnation of the lands or easements therein, for the above improvement, and the award of damages therefor, and also upon the assessment of benefits therefor, and the Council having duly considered the same, now therefore be it Ris'SOLV�D, That the taking and condemnation of the lands described in the annexed assessment roll, identified by the signature of the Director of Technology and made a part hereof, and the awards of damages to the owenrs of such lands for said taking and condemnation as set forth in said assessment roll, be and the same is hereby in all respects ratified and confirmed. RESOLVED FURTHER, That the said assessment of benefits, be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court £or confirmation. Yea.°. Nays l�.a� ►/S�akey v�nstrom v�'�>leman v'larris ✓� ✓�;eiter �In Favor � Against Adopted by the Council: Date_��sD_�'�C : Certified Passed by Council Secretary By— � S2 �.�� „�� .: �— _. - - Mayor Public Hearing Date Requested for December 20, 2000 p O—\�R3 T.M.S./REAL ESTATE DIVISION Date: Green Sheet Number: 104757 ontact Person and Phone l�iumber: ��T�T Dm��ct'ox 1 crnr comvcu, ,a Juan Ortiz/Peter �'hite 266-8850 ATTO�r cr.�x DDGE'P DII2ECTOR YOR (OR ASSLSTAN1y ust be Co nt Agenda by: November 22, 2000 f Pablic Hearing date of 12-20-2000 OTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Set date to ratify the award for the condemnation of easement rights. Ratify permanent right of way easements to widen Maryland at Arcade -TMS �Yle Number 18927E ERSONAL SERVICE CONTRACTS MUST ANSWER THE COMMENDATiONS:APPROVE(A)ORREJECT(R) OLLOWING: 1. Has the person/firm ever worked under a contract for this epartment? YES NO PLANMNGCOMMLSSION STAFF A . Has this person/firm ever been a City employee? YES NO C1VIL SERVICE COMMISSION . Does this person/Srmpossess a skiD not nonnelly possessed by any YES NO CIB COMMITTE6 Ex lain all YES answers on a se arate sheet and attachment COUNCIL WARD(S) 6 DISTffiCT PLANNING COUNCIL 1VITIATING PROBLEM, ISSLTE, OPPORTUIVITY (Who, What, When, Where, Why?): he City approved proceeding with the w9dening of Maryland at Arcade - right of way easements are needed n rivate ro e to com lete said widenin . VANTAGES IF APPROVED: he City will be able to have turn lanes at the above mentioned intersection and make the area safer for ve one. ISADVANTAGES IF APPROVED: ncumbrances to the affected ro erties. ISADVANTAGES IF NOT APPROVED: 's is a hi 1rat�c area that wiil continue to be dan erous without the abili for vehicles to tum. OTAL AMOUNT OF $37,400.00 COST/REVENUE BUDGETED? YE5 NO RANSACTION: UNDING SOURCE: PROJECT FUNDS ACTIVITY NUMBER: ANCIAL INFORMATION: � � O O �� _ � i � a 0 3 � o z � < o a e � i""" .fc I CO m � 0 NiZt� ' � a .ZZt .ZZt v � 1S H100N3W .tZl n .lo'ZZl �0'ZZt OO � I oi � m � .-_. m � � � �o p � o N m N o N.. � � o � ° a � N " �m o I o �a N °--' ` � ��. ° I o tn �� N `% � � N °% I� n N °= �m n CO m N a i I a � ° V O o ', N ° I -, 0 O m o ; I a N `" Q -- p� o � N m < ¢ �. � J � � � �� Q O� �- � ' �v o � ; � �� o � � � `ZA ,L£ L . ,S�OZZI n •l 3ad� �Za N � � v .L6 tZt v a I N ^ N -° � N � o N c u� ^ N ° � a N ° � n " N ° N « N ° N = � O o N ° �— �— � �n ` 4 � q �- � m 0 \ � � a w N K /` I � !i: fr. > ¢ ¢ Q E . � �: h ° ��o _ o v L � n � N oa. „ov oa' o,��y `oa� COe °� I M o � � o mo _ � � m _ _- z 3 _ 4 � o E � e ° .� w o _ o _ _y,o, p I .i d �. � °' o _ o� _c _ a � 1 i � � � W ° ° � u � d- �` � p c v_ ` 3 ` m r ^ o -' � I u = 0 9 n o v c c � ' ° 1 0 � e � 9 ¢' va o°:=_� n., y a M � c ��9styon �e9ssc�°� Nm � � h.. � �3 o n" '�Sn�L' 6 �3 0 ' -c-$ I � ' `x �� 9 �,� � _� -_- p "' � E `�i��°��,je `a'.c.^,uw'we a " E '^ '� � 'a"_ u T � � n J 06` O� ° a I ° � � 3 � z° _ �o�o�zoa� P "' 6�o` o e��m=v3"� � r ; 'aa � �_.. 'a ., '1S3013M � a '=r=;=a�o m ��r="tg�€ �� - - - � o°``=d�yV � �" � se�F� o� 3 .?mo"�:v8 � f--_l r — ° E � Eaa"m"�$a�< q �m� o d> a``>u ° ¢`u�iu � e `�`�� City of St. Paul COUNCIL FILE N0. REPORT OF DIRECTOR OF THCH ON CONDFS'II�TATION OF LANDS File No. 18927E 00 -��93 In the matter o£ condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Park in the City of Saint Paul, Minnesota and as recorded in the office of the ftamsey County Recorder, lying northerly of the following described 1ine: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north line; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot S, and there terminating. TOGETHER WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, E1ock 1, Eastville Heights in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said Block 1, as measured at a right angle to said north line; thence easterly para11e1 with said north line of Block 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of B1ock 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner of said Lot 9, and there terminating. Preliminary Final Order Order �/ —�'� / approved Cvl�/'� /i��v v� 3�"� approved i s� TO THE COUNCIL OF THE CITY OF ST. PAUL: The Director of Technology hereby reports: That he has fixed and determined the value of the land, lands or easements therein taken and appropriated for the above improvement and the amounts of the awards of damages therefor to the owners thereof, and the persons to whom such awards are payable; that he has also fixed and determined the amount of benefits to property, from the making of said improvement, not exceeding the cost thereof, and that attached is an assessment roll entitled as above and identified with the signature of the undersigned, containing the undersigned's finding on said matter. Director of Technology oe _�\�l'� SUMMARY OF ENGINEERING RECOMMENDATIONS Maryland/Arcade Channelization Right of �Vay Acquisition Report Prepared - 2-11-00 Public Iiearing - to be scheduled PROJECT: Acquire right of way and slope easements necessary for the widening of the south side of Maryland Avenue between Weide Street and Mendota Streei. INITIATING ACTION: The pro}ect is being initiated by the Department of Public Works. PROPOSEDIMPROVEMENTS It is proposed to widen the pavement on Maryland Avenue at Arcade Street ro 53' wide to allow for left turn lanes from Maryland to Arcade. The additional pavement wid[h will require the acquisition of additional right of way. In order ro minimize the impacts of the right of way acquisition, it is proposed to acquire all of the right of wny and do all of the widening on the south side of Maryland. An additional9' of right of way is needed. The existing curb and walk on the south side of the roadway will be removed and reconstructed at the 53' width. The existing sia al system will be modified as necessary to allow for the left turns onto Arcade Street. It is proposed to maintain one lane of traffic in each direction during the construction. PROPOSED RZGHT OF WAY ACQUISITION: It is proposed ro acquire the right of way as shown on the attached map and descriptions: POSITIVE BENEFITS: Addition of left tum lanes on Maryland at Arcade will greatly improve access to the Arcade Street business area and reduce the amount of traffic which uses neighborhood residential streets to get to Arcade from Maryland. ADVERSE EFFECTS: The widening will necessitate taking of roadway right of way on 12 properties. It will be necessary to completely acquire 2 of those properties due to the proximity of the structure to the widened roadway and relocated sidewalk. TIME SCHEDULE: The project will begin in the late summer/early fall of 2000 and will be completed by late fal] of 2000. Page 1 of 2 � 0 0 -\�q� COST ESTIMATES: Right of Way PROJECT TOTAL ESTIMATED FINANCING: Municipal State Aid PROJECT TOTAL $ 370,000 $ 370,000 � 370,000 370,000 Ramsey County does not fund right of way acquisition for this type of project. We are proposing to use MSA funding for the project. SOURCE OF ADDITIONAL INFORMATION: For additional information, contact the Project Engineer Paul St. Martin, at 266-6118. SUMMARY AND RECOMMENDATION: The Department of Public Works feels that this is a necessary and worthwhile project and the Engineering Recommendation is for approval of the project and financing. Respectfully submitted, ThomasEggum Director of Public Works Page 2 of 2 City of St. Paul RBSOLUTION APPROVING ASSBSSMENT AND FIXING TIMB OF HEARING THERPsON F�ND FIX2NG T=M8 OF FIEARING ON T88 AWARD OF D71M�G8S • • • Y J��/ll / i File No. 18927E 00-\\q3 �� Ia the matter of condemning and taking an easement for road purposes over, under and across Lots 1,2,3,4,5,6,7 and S, Slock 13, Oak vi11e Park in the CiCy of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 feet south of the north line of said Block 13, measured at a right angle to said north line; thence westerly parallel to the north line of said Block 13 to a point on the west line of the east 9.00 feet of Lot 5, a distance of 9.00 feet south of the north line said Block 13; thence westerly to a point on the north line of said Lot 8, Block 13, a distance of 24.00 feet west of the northeast corner of said Lot 8, and there terminating. TOGfiTHEA WITH An easement for road purposes over, under and across Lots 9,10,11,12,13,14 and 15, B1ock 1, Eastville Heights in the City of Saint Pau1, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the west line of said Lot 15, a distance of 9.00 feet south of the north line of said B1ock 1, as measured at a right angle to said north line; thence easterly para11e1 with said north line of B1ock 1 to a point on the east line of said Lot 13, a distance of 9.00 feet south of said north line of Block 1; thence easterly to a point on the north line of said Lot 9, a distance of 20.00 feet east of the northwest corner of said Lot 9, and there terminating. Praliminaxy Ordar � � �.� � approved /�lGr✓� � � � � 1 Final Order ti' �— 3�`"7` approved_ �+" �` S 7 D v� The Director of Technology having submitted his report in the above matter as to the amount of damages awarded for the taking of the land or easements therein appropriated for the above improvement and to whom payable; and also having submitted his assessment of benefits to property from the making of said improvement, therefore be it RESOLVED, That the said assessment of benefits be and the same is hereby approved. RESOLVSD FURTHER, That a public hearing be had before the Council upon said report and for a confirmation of the award of damages made by the Director of Technology and also upon the said assessment of benefits; at the Council Chamber, in the Court House in the City of St. Pau1 on the 20th dav of December. 2000, at the hour of 5:30 P.M. and that the Director of Technology be and he is directed to give notice of said hearing as prescribed by the Charter. COUNCILPERSON Yea� Nays r�Benanav � �akey �s trom �1 eman �xarris I/La sy eiter �In Favor �Against Adopted by the Council: Date y.� � q J Certified Passes by Council Secretary L� l � / ` Mayor � �f ao -�� LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW December 19, 2000 ROGER G MILLER TIMOTHY7.KUNTZ DANIEL].BEESON ROLLIN H. CRAWFORD KENNETHI-ROHLF �I'ONETTA T. D0�1E STEPHEN H. FOCHLER '*7AY P. KARLOVICH ANGELA M.LUTZAMANN KORIlVE L. LAND ANN C. O'REILLY TROY C. KEPLER ERIC H.SAGVOLD DARCY M. MOHR HAROLD LEVANDER 1910-1992 Mayor I�iorman Coleman and the St. Paul City Council 15 West Kellogg Boulevard St. Paul, MN 55102 - RE: City of St. Paul v. Sinclair Oil Corporation 1200 Arcade Street — Sinclair Condemnation Partial Taking for Maryland Avenue East Construction Project (Lots 12, 13, 14, and 15, Block 1, Eastville Heights Addition) Our File No. 18675.08000 Dear Mayor Coleman and St. Paul City Council Members: ARTHUR GIW,EN RETIRED 'AISO ADMRTEO W WISCONSW ^ALSO AOMfITED IN NOR]'H DAAOtA Our client, Sinclair Oil Corporation (Sinclair), owns the Sinclair gas and service station located at 1200 Arcade Street and Maryland Avenue East in St. Paul. As a result of the proposed Maryland Avenue improvement project, the Sinclair station is going to suffer both direct and substantiai severance damages. We would, however, first acknowledge the cooperation that Sinclair has received to date from both the Ciry real estate department and engineering staff. As a result of the approach taken by your professional staff, Sinclair has been assured that the two (2) critical curb cuts closest to the intersection of Maryland Avenue and Arcade Street will be retained. This accommodation will greatly mitigate the damages that this Sinclair parcel will suffer, as"a consequence of the taking. Sinclair Oil Corporauon recognizes the 3mportance,of the Maryland Avenue improvement project to the neighborhood, as well as to the City of St. Paul. Therefore, Sinclair does not object to the public purpose being served by this construction project. Sinclair does, however, have a legitunate dispute as to the amount of just compensation to be paid in consideration of the damages caused by tfie taking. To assist in evaluation of the City's $28,000 offer, Sinclair has engaged the services of appraiser C.E. (Pete) LaSalle of C.E. LaSalle & Associates to analyze the impact of the partial taking. Mr. LaSalie has conciuded based on compazable sales of similazly developed parcels 633 SOUTEI CONCORD STREET• SUITE 400 • SOiJ1'H SAIIVT' PAiJL, MINNFSOTA 55075 • 651-451-1831 • FAX 651-450-7384 aD �t i� Mayor Norman Coleman and the St. Paul Ciry Council Page 2 December 19, 2000 ranging from $500,000 to $1,000,000 that the vatue of the land to be acquired is $12.50/S.F. In addition, as a result of the taking, the Sinclair station will suffer a loss of parking and disruption of internal traffc circulation, as well as diminution in value due to the temporary construction interference that will occur during the period of construction. Based upon his preliminary appraisal investigauon and reseazch, Mr. LaSalle has concluded that the direct and severance damages that result from these elements of the taking are $70,000. In addition, Sinclair management has reviewed the scope of the taking and its consequential impact upon future redevelopment of the site. The highest and best use of the parcel is for conversion of the site to a state of the art convenience store and pumper station. The Sinciair engineering and planning departrnent has concluded that as a result of the 9 foot taking along Maryland Avenue and constriction of the site, any new building will have to be reoriented so that it faces north on Maryland Avenue as opposed to facing west on Arcade Street. This building reorientation would not be required prior to the taking, and wiil ultimately cause the removal and replacement of the exis6ng underground storage tanks. Further investigation of the cost impact of this consequential damage is continuing. However, the prelnninary- estimate is that the "wst to cure" will be at least an additional $117,400. We reiterate that this cost would not be incurred upon redevelopment prior to the taking, and that this represents an additional element of consequential damages. � Therefore, Sinclair Oil Corporation asks that the City Council reject as inadequate the City's $28,000 damage appraisal. Rather, Sinclaix requests that the City Council confirm an award of $187,400 as the amount of just compensation to be paid as a consequence of the City's partial taking of the Sinclair parcel. � � By: � Daniel J. c: Scott ay da, Esq. Steven eil, Real Estate Manager Pete LaSalle Larry Feldsien Peter White Juan Ortiz F�XH�BIT �•� ,� � 60' � (� � W � �� i 10 11i ;158) � � 9 (9) � 12 1 13 (159) (760) PERMANENTROW 00 -��13 6'SLOPE/CONSTRUCTION EASEMENT 14 �15 I16 f 17 (167) (162) (763) I 40' 8� 42' . :16 17 18 N N �93� � 40' 40' 40' n � �135'� ^ 771'� � ' ' 30' -- - 1 :o'--- =-�a-;_ : - -- -- - - - - - - - - =---=-- - ----- -- ----- ------------ ---- --------------- -- � - � �� N 8 7 6 5 4 3 2 °1 � o 015 � ��) �6) � � � y c� � � . n IP � � 2 �¢ Description for Right of Way basements on Mazyland Avenue East. An easement for road purposes over, under and across I.ots 1,2,3,4,5,6,7 and 8, Block 13, Oak Ville Pazk in the City of Saint Paul, Minnesota and as recorded in the office of the Ramsey County Recorder, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 a distance of 9.00 fect south of the north line of said Block 13, measured at a right an�le to said nozth line; thence westerly parallel to the north line of said Block 13 to a point on [he west line of the east 9.00 feet of I.ot 5, a distance of 9.00 fee[ south of the north linz said Block 13; thence westedy to a poin[ on Ihc nor(h linc oFsaid Lo[ 3, Block 13, a distancc of 24.00 Ccct wcst of thc northeast comer of said Lot 8, and there terminating. TOGETHER WI1'H An easement for road pucposes aver, under and across Lots 9,10,11,12,13,14 and 1 S, Block 1, Eastville Heights in the Ci[y of Saint Paul, Minnesota and as recorded in the office of the Rasnsey County Recorder, lying northerly of the followin� described line: Beginnine at a point on thc west line of said Lot f 5, a distance of 9.00 feet south of the north line of said Block 1, as measured at a right angle to said north line; thcnce eastedy parallel with said north line of Block I to a point on the east line of said Lot 13, a distance of 9.00 fee[ south oF said north line of Block 1; thence easterly to a point on the north line of said Loc 9, a distance of 20.00 feet e.ut of the northwest corner of said Lot 9, and there terminating. ;� �f 6 18 0 � I N I N N MARYI 120' 9 ', ------ ----- � - 6' 14 13 � A � 17 18 � � O z SCAIE iN PEET .o b zo ,o o zo RIGHT OF PftEPME�BY STREET EhGiNEERiNG DIYISiON vc MARYLAND AVE. 19 I 20 I21 �22 I 23 � 24 I 25 I26 I 27 I28 I 29 30 :- I -2 � � � �° � � C �Cioo� � (�oi} �ioz) N � .AND AVE. i iao' I � 12 �11 10 9� 8 I 7 6 5� 4 � 3 �gg� (gg) (g4) �93) I �9z) (e�) (139) 40' 9.92' � a.88' M — — `� 40' 39.42' 60' 40' �- I 2 1 `� N 15 s (90) N � � O � D W ' � 19 20 21 22 23 24 25 26 27 28 29 30 0 � �16 (99} �ioo) (ioi� �ioz) (ios) Ro�) (ios� (�os) (zo�) (ios) (rez) h I ($) , REVISED 4/25/00 MARYLAND AVE. WEIDE ST. TO MENDOTA ST. iME OT�' 0: ST. Pqpl, OEP4RIDENi OF PUBUC WORKS PRO KCT: OO�P^� ZO4 pgp�c�T NUMBER: �HANNELIZATION °�^�`R ,2 nau�: MARY—ARCADE.DWG ON'C no. 1447 � Y/21 /�� SH[ET K0. 5 OF 6 91cET5