261575 WI�I7E - CITV CLERK 1
PINK - FINANCE COl1IIC11 2s1�75�
BLUERY- MAVORTMENT GITY OF SAINT PAUL File NO.
� ' Council Resolution .
�
Presented By
Referred To Committee: Date
�
F
Out of Committee By, Date
WHEREAS, The Department of Public Works ha.s under consideration
a proposed construction of a bridge carrying White Bear Avenue over
- the Chicago and North Western Railway tracks in �he vicinity of
Mecha.nic Avenue known as Project No. B-1016 R•, a.nd
WHEREAS�� Public hearings will be held for �the purpose of
considering the improvement of White Bear Avenue from Mecha.nic to
Maryland including replacement of this bridge where a consideration
will be given by the City Council as to the need for acquiring
additional real estate for street and bridge right-of-way purposes;
and �
WHEREAS, In anticipation of the City Council' s approving this
project and real estate acquisition' the Department of Public Works
has recommended that the City enter into an Option Agreement for
the purpose of obtaining the rights to acquire a portion of real
estate to be required for this street and bridge right-of-way; now,
therefore, be it
RESOLVEDs Tha.t the Council- of the City of Saint Paul does hereby
approve and authorize the execution on behaif of the City of an
Option Agreement to purcha.se the real property located at 1780-1782
Mecha.nic Avenue legally described as the West one-ha.lf of Lot 14
and all of Lot 15� and the East one-half of Lot 14, except the �
East six feet thereof, Block 7, Hazel Park Plat B� providing the
. City with the right to purchase this property within 90 days from the
' ` ' e� , .date of the Agreement for the sum of $39�500.00� the said Option
.Ag�e�er4�nt to be exercised in the event tha.t this Council shall
approve :�Che proposed improving of White Bear from Mecha.nic Avenue
to 'P1laryland`,. iri�luding replacing the existing bridge and acquiring
additional� rigl�t-of-way for street and bridge purposes, the purcha.se
price to be ��ed to PIR Fund Code 60000-745-000� to be reimbursed
from Count�r Aid unds .
� '' GOUNCILMEN - Requested by Department of:
; Yeas �� Nays
, ,
, ; � '� '' A , .Konopatzki , In Favor
Levim�
Mereditfi' � ; � �_ Aga'inst By
�[ �Ld�r
` Tedesco
Mme..President � 1�Rt►
Adopted by Council: Date
�V� 5 �973 For�n Approved by ity Attorney
Certif'ed P d by Coun ' e By
By `'��' �
Approve Maxo . e 973 Approved by Mayor for Submission to Council
By , By
�us��sH�o JUL 141973 ,
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CITY OF SAINT PAUL
OF`FICE OF THE CITY COIINCIL
OITY HALL AND COIIRT HOUSE
PATRICK J. ROEDLER SAINT PAUL. MINNESOTA 55102
Councilman p g p N E e i 2 � 2 a s-s 2 s 9
To the Honorable Mayor, Council President,
and Members of the City Council
Subject: Property Acquisition for White Bear Avenue Bridge over Chicago
and North Western Railw�ay, Project No. B-1016-R
I,adies and Gentlemen:
The subject matter proposes the acquisition of certain lands and easements
necessary to the replacement of the existing bridge on White Bear Avenue over
the Chieago and North Western Railway Compar�y �racks. The Public Works Com-
mittee has considered this proposal and rendered its approval thereof. The
Mayor by Administrative Order No. D-671, dated June 6, 1973, has directed
that neighborhood informational meetings be held and that this matter be
scheduled for public hearing before the City Council.
One property affected by and so required for this project, a double bungalow
located at 1780-1782 Mechanic Avenue, is presently offered for sale. Because
the City must eventually acquire it, the City Valuation Engineer acting pur-
suant to direction by the City Administrator, has negotiated an option agree-
ment with the owners for the purchase thereof, such option to be exercised
upon subsequent approval of the project by the City Council.
Submitted herewith for the Council's consideration and action is a resolution
to authorize and direct the proper City officials to execute such option on
behalf of the City. The Public Works Committee recommends to the Council that
it adopt the same.
Respe: tfully submi ed,
r{ ,�,���'�.
Patrick J. o dler
Chairman, Pu lic Works Committee
PJR:JWD:dm
File No. 17684
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` �� � 2_�1���
� CITY OF SAINT PAUL
OFFICE OF THE CITY ADMINISTRATOR
FRANK D. MARZITELLI
May 15, 1973
Mr. Robert W. Trudeau, Director
� Finance � Management Services
109 City Halt
Attention: Mr. J. William Donovan, Valuation Engineer
Room 286 City Hall
Re: WHITE BEAR AVENUE - Minnehaha Avenue to Maryland Avenue
Dear Sir:
An Administrative Order will be forthcoming shortly directing the Department
of Finance and Management Services, in conjunction with the Department of
Public Works, to hold public informational meetings in the referenced White
Bear Avenue neighborhood, for the purpose of explaining the paving project
from Minnehaha to Maryland, the bridge replacement over the C.N.W. railroad
and the need for acquiring additional land for the new bridge, pursuant to
Resolution C. F. No. 259451 , approved August 21 , 1972, and to then bring the
matter before the Council for a public hearing.
As you are aware, there is presently for sale a parcel of property southeast
of the intersection of White Bear and Mechanic that the City must eventually
acquire for the replacement bridge. It is hereby requested that you acquire
said property as soon as possi6le so as to avoid the possibility of sale to
another party. Please refer to the attached Department of Public Works Bridge
Bureau drawing dated May 10, 1973, showing generally the additional property
to be acquired, The Department of Public Works will furnish detailed legal
descriptions and drawings in the near future.
Ve ry t ru 1 y you r s,
r
rank D. Ma rz i te
City Administra r
DJD: DOL:ddr
cc: Daniel J. Dunford
Richard A. Schnarr
Richard L. Wheele r
City Hall, Saint Paul, Minnesota 5s�o2
O
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'�t�
OPTION AGREEMENT FOR SALE OF LAND
THIS OPTION AGREEMENT, Made this day of ,
1973, by and between DANIEL PRIMOLI and TACO FACTORY, INC. , here-
inafter called "Sellers", and the CITY OF SAINT PAUL, a municipal
corporation of the State of Minnesota, hereinafter called
"Purchaser";
WITNESSETH:
WHEREAS, Taco Factory, Inc. , is the owner in fee simple of
the West one-half (W 2) of Lot fourteen (14) and all of Lot fifteen
(15) , Block seven (7) , Hazel Park Plat B; and
WHEREAS , Daniel Primoli is the owr?er in fee simple of the
East one-half (E Z) of Lot f_ourteen (14) , except the East 6 feet
thereof, Block seven (7) , Hazel Park Plat B; and
WHEREAS , The City of Saint Paul desires to purchase the above
property for the purpose of future construction of a White Bear
Avenue bridge over the Chzcago and North Western Railway, City
Project B-1016 R;
NOW, THEREFORE, And in consideration of the sum of Two Hundred
Dollars ($200.00) , a good faith deposit in hand paid by the
Purchaser, the receipt of which is hereby acknowledged, and in
consideration of the covenants hereinafter contained and of other
good and valuable considerations , it is agreed as follows :
1. The Sellers do hereby grant to the Purchaser the exclusive
option to purchase, upon the terms and conditions hereinafter set
forth, the property situated in the City of Saint Paul, County of
Ramsey, State of Minnesota, consisting of a two-family dwelling
located at 1780-1782 Mechanic Avenue, the legal description of
which is the West one-half (W 2) of Lot fourteen (14) , and all of
Lot fifteen (15) , and the East one-half (E 2) of Lot fourteen
(14) , except the East 6 feet thereof in Block seven (7) , Hazel
Park P1_at B, according to the plat on file and of record in the
office of the Register of Deeds in and for Ramsey County, Minnesota.
2 . This option to purchase shall be exercised by the Purchaser
within ninety (90) days from the date of this Agreement by notice
in writing to the Sellers addressed in care of Ken Frank, Knight
Realty, Inc . , 2721 Upper Afton Road, Saint Paul, Minnesota, 55119 .
3 . In the event of the failure of the Purchaser to exercise
this option or in the event of any default by the Purchaser after
the exercise of this option, all money paid 'by the Furchaser to
the Sellers upon the execution of this Agreement shall be retained
bJ the Sellers as consideration for the granting of this option to
the Purchaser, and all rights of the Purchaser under this Agreement
shall termina.te.
4. Within thirty (30) days after the Purchaser has exercised
this �ption, as hereinabove provi+3ed, the Sellers , at their own
expense, shall deliver to the Purchaser an Abstract of Title or
R�gistered Property Report continued to date showing the Sellers '
title to be good and marketable. The Purchaser shall then have
thirty (30) days in which to examine the title and to accept the
same if the title is good and marketable. If the Abstract of Title
2 .
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or Registered Property Certificate fails to disclose the title of
the Sellers to be good and ma.rketable, the Purchaser shall notify
Sellers in writing of any defects within such thirty (30) day
period, and the Sellers shall ha.ve a reasona.ble time, but not more
than one hundred twenty (120) days, in which to make the title good
and marketable and shall use due diligence in an effort to do so.
If, after using due diligence, Sellers are unable to make the title
good and marketable within such time provided above, it shall be at
the option of the Purchaser either to accept the title in its exist-
ing condition, with no further obligation on the part of the
Sellers to correct any defect, or the Purchaser ma.y cancel this
Agreement. If this Agreement is thus canceled, all money paid by
Purchaser to Sellers upon execution of this Agreement shall be re-
turned to the Purchaser, anc� this Agreement shall terminate without
further obligation of either party to the other.
S . TiZe purcha.se price for the property described iri paragraph
1 is Thirty-Nine Thousand Five Hundred and No/100 Dollars
($39,500.00) , to be paid by the Purchaser to the Sellers as follows :
a) $20C .00 upon the execution of this Agreement,
which is the consideration f or the granting of this
option to the Purchaser, but which shall be applied
against the p���rchase price if this transaction closes
in accordance with the terms of this Agreement; and
b) $39,300.00 in cash upon the closing.
6 . Sellers agree to convey title to the property described
in paragraph 1 free and clear of all encu.mbrances . It shall be
3.
.
Sellers ' obligation to pay any and all assessments for local im-
provements levied against the subject real property and, further,
Sellers shall pay all real estate taxes payable in 1973 and levied
against the subject property.
7 . The c_losing under this Agreement sha.11 take place at
10:00 o' clock A.M. in the office of the City Attorney, 647 City
Ha11, Saint Paul, Minnesota. On the lOth day after the Purcha.ser' s
a_cceptance of the title or on the lOth day after the Sellers have
ma.de the title good and ma.rketable, if such lOth clay falls on a
Saturday, Sunday or holiday, the closing shall take place on the
next following business day.
8 . At the closing Sellers shall convey the property described
in paragraph 1 to Purcha.ser by good and sufficient Warranty Deed.
Purchaser sha.11 prepare the siecessary Warran.ty Deeds and present
them to Sellers for approval and execution.
9 . Sellers shall give f�.11l possession of the real estate
described i_n paragraph 1 i�o the Purchaser on the day of closing
together with all and singular the appurtenances thereto belonging;
a�ll buildings and improvements to be delivered to the Purchaser in
as good a condition as they were on the date of this Agreement,
undue wear and tear excepted. Sellers shall pay all utility ex-
penses incurred up to the day of closing.
4.
, � ��� �
���
IN WITNESS WHEREOF, The Sellers and Purchaser have caused
this Agreement to be executed as of the day and year first above
written.
In the Presence of; TACO FACTORY, INC.
By
Its
Its
STATE OF MINNESOTA )
) ss .
COUNTY OF RAMSEY )
On this day of , 1973, before me, a Notary
P�sblic within and for said County, personally appeared
and ,
to mQ personally known, who bein� each by me duly sworn, did say
that they are respectively the and the
of TACO FACTORY, INC. , one of the
corporations named in the foregoing instrument, and that the seal
affixed to said instruznent is the corporate seal of said corpora-
tion, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors, and said
and
acknowledged said instrurient to be the free act and deed of said
corporation.
. Notary Public, Ramsey County, Minn.
My commission expires
5.
.
In the Presence of: DANIEL PRIMOLI
STATE OF MINNESOTA )
) ss .
COUNTY OF RAMSEY )
On this day of , 1973, before me, a Notary
Public within anc�-for said County, persona.11y appeared DANIEL
PRIMOLI, to me personally known to be the person described in, and
who executed the foregoing instrument, and acknowledged that he
executed the same as his free act and deed. .
Notary Public, Ramsey County, Minn.
My commission expires
In the Presence of: CITY OF SAINT PAUL
Ly
Mayor
Director, Department of Fina.nce
and Management Services
���� PPf�OVEp� � City Clerk
,. �
Asst. �i� ,�tor ey ° •
6 .
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STATE OF MINNESOTA )
) ss .
COUNTY OF RAMSEY )
On this day of , 1973, before me,
a Notary Public within and for said County, personally appeared
Lawrence D. Cohen, Robert W. Trudeau and Harry E. Marshall, to me
personally known, who, being each by me duly sworn, did say that
�hey are respectively the Ma.yor, the Director of the Department
of Finance and Management Services, and the City Clerk of the
City of Saint Paul, Minnesota, named in the f oregoing instrument,
and that the seal affixed to said instrument is the seal of the
City of Saint Paul, and that said instruznent was signed and sealed
in behalf of said City of Saint Paul by authority granted pursuant
to fox:nal resolution of the Council of the City of Saint Paul,
Council File No . , passed and approved the day of
, 1973, and the said Nlayor, Director of Finance and Management
Services, and City Clerk acknowledged said instrument to be the
act and deed of said City of Saint Paul pursua.nt to said resolution.
Notary Public, Ranisey County, Minn.
My commissi.on expires
7 .
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