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262133 WHITE �CITV CLERK COUI1C11 �����"{ �INFQ - FINANCE GITY OF � SAINT PAZTL �� v CANARY - DEPARTMENT BLUE - h�IAYOR File NO. � . ' solution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS= The Housing and Redevelopment Authority ha.s acquired the real property currently occupied by the Industrial Steel _ Container Company� this property to be used by the City of Saint Paul for the proposed Shepard-Chestnut Intercha.nge; and WHEREAS, The City has received the sum of $915,b90.50 from the Minnesota State Highway Department, this sum constituting Federal Aid Urban Funds of the Federal Highway Administration and representing reimbursement to the City and Housing Authority for costs incurred in acquiring fee title to the land and buildings; and WHEREAS, The Housing Authority is willing to deed fee title to this property to the City of Saint Paul and, further, Authority will ma.intain possession of the property and ma.na.ge the same until such time as it sha.11 become vacant, and in tha.t event sha.11 de- molish the existing buildings at its own expense� and in consid- eration of these promises, the City will agree to pay the Housing Authority the sum of $915,0�0.50; now, therefore, be it RESOLVED, Tha.t the Council of the City of Saint Paul does hereby approve the above-referenced Agreement between the City and the Housing and Redevelopment, Authority of the City of Saint Paul, the terms of which are set forth in the Agreement, a copy of which is attached hereto, and the proper City officers are authorized and directed to execui:e the Agreement on beha.lf of the City of Saint Paul and to accept and record the deed on behalf of the City of Saint Paul, to be charged to PIR Fund 60000 to be reimbursed by Federal Aid Urban Funds. COUIVCILMEN Requested by Department of: Yeas $t�,t,lEp Nays �Kon�opatzki � In Favor Levine Meredith �� Against BY 9pr�c Roedler Tedesco Mme.President � HLiri't Adopted by Council: Date SEP 1 3 1��3 Form Approved b City ttorn Certi ed P sed by cil ry BY + 1 By Approv by M qrt Date �� � 4 }9 _ Approved by ayor f Submission to Council R // ,- By BY tll� SEP 2 2 1973 . , _ ���'�.�� CITY OF SAINT PAUL OFFICE OF THE CITY ADMINISTRATOR FRANK D. MARZITELLI September 6, 1973 T0: Mayor Lawrence D. Cohen ./\ n� FR: Frank D. Marzitelli '����" � RE: Shepard-Chestnut Interchange Industrial Steel Container Property I have reviewed the above referenced matter with Daniel Dunford and am in agreement with same. Your approval of the attached resolution and submission to the City Council for action would be appreciated. If possible, this resolution should appear on the September 7 Council agenda. FDM/ca Attach. City Hall, Saint Paul, Minnesota 55�02 O > . ��,,,� '��� ".�.� a� � � C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY August 31, 1973 R. SCOTT DAVIES Mr. Frank Marzitelli City Administrator City of Saint Paul Building Re: Shepard-Chestnut Intercha.nge - Industrial Steel Container Property - Our File G-73-0149 Dear Mr. Ma.rzitelli: At the request of the City of Saint Paul, the Housing and Redevelopment Authority ha.s acquired title to the land previously owned by Industrial Steel Container Company, which property is adjacent to Shepard Road and is needed by the City of Saint Paul for the proposed Shepa.rd-Chestnut Interchange. The Housing Authority ha.s acquired this land with urban renewal bond funds with the expectation of being reimbursed by the Federal Government or the Minnesota Highway Department. The City of Saint Paul, through its Department of Public Works, has cooperated with the Housing Authority in re- questing reimbursement from the Federal Hi hway Admin- istration and ha.s been granted the sum of �915,090.50 . from the Federal Aid Urban Funds of the Federal Highway Administration. This money ha.s already been paid to the City of Saint Paul and is presently being held subject to the receipt of an agreement with the Housing Authority as to the details concerning deeding of the title to the property to the City and arrangements concerning mainten- ance of the property and demolition of the buildings . The Housing Authority staff and board ha.ve agreed to deeding the fee title to this property to the City and, further, tha.t the Housing Authority would retain posses- sion of the property and maintain it until such time as the Industrial Steel Container Company ha.s relocated its business which is expected to take place on or before the end of May, 1974. The Housing Authority ha.s also agreed City Hall, Saint Paul, Minnesota 55102 612 298-5121 ��` �-Pg! n rr . • •`�V�d '� ��� c � Mr. Frank Marzitelli Page Two August 31, 1973 to demolish the existing buildings at its own cost and expense and at no cost to the City. As consideration therefor, the Housing Authority requests that the City transmit to them the funds received by the City from the Federal Highway Administration ($915,090.50) and, further, that the Housing Authority be allowed to keep all rents received by it during the interim period. This ha.s received the approval and recommendations of the Director of the Department of Public Works, Mr. Dan Dunford, as well as the Valuation Engineer, Mr. J. William Donovan. I transmit herewith resolution approving this Agreement and ask tha.t, if you approve it, it be submitted to the City Council for their approval. If there is any further information that you ma.y wish, please contact me. Very ruly yours, J 0 J. SEGAL Ass ant City ttorney APPROVED: � ` Danie Dun d, irec or Depart e of� Public orks , , �__...__... i �1.U-c.. . William Donovan Valua.tion Engineer „ _ _ � , ,�. , ._ � f � 2��.��3 A G R E E M E N T WHEREAS, The City of Saint Paul, hereinafter referred to as "City”, has requested that the Housing and Redevelopment Authority of the City of Saint Paul acquire fee title to certain property located within the Seven Corners Neighborhood Development Project for the proposed Shepard-Chestnut Interchange; and , WHEREAS, The Housing and Redevelopment Authority of the City of Saint Paul, hereinafter referred to as "Authority", pursuant , to the above request by the City, has now acquired fee title to the subject real estate and desires to convey title thereto to the City in accordance with the terms and conditions set forth bel_aw; and . - WHEREAS, The City has received the sia.m of Nine Hundred Fifteen Thousand, Ninety and 50/100 Dollars ($915,090.50) from the Minnesota State Highway Department �(constituting Federal Aid Urban Funds oi the Federal Highway Administration) for the purpose of reimbursing the Authority for its costs incurred in acquiring fee title to the subject real property; NOW, THEREI'ORE, The City and Authority do hereby covenant and agree as follows : l. Tha.t the Authority shall convey to the City fee title to the re�.l property described in the attached Exhibit A by delivery to the City of a properly executed deed of conveyance in the form as -set forth in the attached Exhibit A. r . _ . • t • � '�� . � 2��.���3 2 . That the City shall pay to the Authority as considera- tion for said conveyance the sum of Nine Hundred Fifteen Thousand Ninety and 50/100 Dollars ($915,090.50) . 3. �That the Authority shall retain possession of the prop- erty described in the attached Exhibit A, subject to the existing leases between the Authority and the previous owner of the subject property until such time as the property i� vacated and the structures demolished, which sha11 occur no later than June 30, 1974. . r 4. The Authority shall retain control and responsibility for the ma.intenance and management of existing structures on the subject real propertyf includi.ng a1_1_ rental agreements, m,�.inter�ur�ce and repairs. The Authority sh.all also be. solely responsible for the payment of all utility charges, taxes, assessments and other costs incurred or to be in�urred or arising out of the existence of the structures and rental agreements pertaining to the subject real property. All rent monies collected by the Authority shall remain its property. 5 . The Authority shall indemnify, defend and hold the City ha.rmless from any and all claims arising or which ma.y arise from the occupancy or use of the structures located on the subject real property and brought by any person, firm or corporation arising from sia.ch occupancy or use. The City shall be named as a joint insured on any and all policies of insurance which the Authority sha.11 obtain covering the structures or use of such structures on the subject rea.'� property. 2 . . - . , ,� . 6 . The Authority, at its own cost and expense, shall de- molish the existing structures on the subject real property upon their becoming vacant. � 7. The Authority shall tender possession of the property to the City upon demolishing the existing structures and in no event later than Jun� 30, 1974. IN WITNESS WHEREOF, The parties hereto have caused this Agreement to be executed the � day of , 1973. In the Presence of: CITY OF SAINT PAUL ' BY ' Mayor ._._.._. . Director, Department o Finance and Management Services i � In the Presence of HOUSING AND REDEV�LOPMENT AUTHORITY OF THE CITY OF SAINT PAUL By Its � Its . � APPROVED AS TO FORM: Assistant City Attorney � . . . - � � 2��''�.�?3 , UIT CLAIM DEED �. THIS I�tDENTURE, Made this day of � . 1973, bet�aeen the Housing and Redevelopment Aut'nority of the City of Saint Paul, a public body corporate� and politic organized and existing under the lacas of the StaLe of �Iinnesota, party of the first pa-rt, and t'ne City of Saint Paul, a municipal corporation unde-r �ze Ia�as of the State of 1'linnzsota, party of the second part, � WITNESSETH, That the said pa-rty of the f irst part, in consideration of the sum of Nine Hundred Fifteen TY:ousand Ninety and SO/100 Dollars ($915,090.50) , to it in haad paid by the said party of the second part, the receipt whereof is hereby acicnowledged, does r.e-reby Grant, Ba-rbain, Quitclaim, and Convey unto the said party oi the second part, its successors and assigns, Forever, all the tracts or parcels o:E land lying and beino in the County of Rarnsey and State - of �Iinnesota, described as zollocas, to-wit: EXHIBIT A . , l PARCEL' N0. 1 • That part of Lots One (1) to Four (4). inclusive in Block Forty-Six (46), in Rice and Irvine' s addition to Saint , Paul, tiahich is described as follo�as: St�art at Southeasterly corner of Lot Two (2) in said Block Forty-Six (46) (said corner being in Westerly line of Eagle Street) ; thence Westerly 200.9 feet along Southeasterly line of Lots Two (2) , Three (3) , Four (4) , in said B1ock Forty-Six (46) , thence North�aesterly along a �line which makes an an?le of 103°04' with a prolongation of last described cou-rse 109.52 feet, thence Northeasterly at rig�.t angles 201.5 � feet to Westerly Iine of Eagle St. , thence Southeasteily along said street line to place of beginnino, Excepting � and reserving however, the railroad t-rack now Iocated on Sout'neasterly portion of said premises, together with an easement 17 feet in `aidth for maintenance and onera�ion thereof, �,�hich easement shall terminate upon removal of said track. Also, that part of Lots Four (4) to Seven (7} � ir.clusive in B1ock Forty-Six (46) , in Rice and Irvine' s addition to Saint Paul described as follotias : Start aL South��esterly corner of Lot Seven (7) in said Block Forty-Six (40) , (said corner begin in Easterly line of Chestnut St. ) thence Northerly along Westerly line of said Lot Seven (7} , I50 feet to Northwesterly corner oz said Lot Seven (7) , thence No�theasterly along Northerly line oi said Lot Seven (7) , 44.77 feet, thence Northeasterly along a line �ahich r�'�es an angle of 13°04'to the right �aith the prolonoation of last described course, 191.6 feet, thence So�tneas�erly at � right angles 109.52 feet tv a point in Southerly line of Lot Four (4) in said Block Forty-Six (46) , said poin�. b�ing located 200.9 teet South�aesterly of Sou�heas�erly corner of .Lot Ttiao (2) in said Block. Forty-Six (46) , measu-red along Southeasterly line of Lots Two (2) , lhree (3) , and FoL-r (4) ; thence Westerly 208 feet riore or less alono Southeasterly line of Lots Four (4) , Five (5) , Six (6) and Seven (7) , to point of beginnino. Except and reservino ho.aever, �he railroad traek noca locateci on Southc�esterly portion of saici premises, together �aith an easement 17 f�et in t�idth ior maintenance and operation t'n�reof, t�hich ease�:,ent shall terminate upon the removal of said track. . , • • , . � � Also Lots Ten (10) , Eleven (11) , Twelve (12), and Fourteen (14) except the Southeasterly 32 feet conveyed to tne City of St. Paul and all of Lot Thirteen (13) , all in Block Forty-Six (46) , Rice and Irvine' s addition to Saint Pau1, according to the recorded plat thereof oTi f ile and of record in • the office of the Register of Deeds in and for said County and State. P�t�CLL NO. 2 . That part of Lots 3 and S, Block 45, Rice and Irvine' s Addition to Saint Paul, described as follotias: Beginning at the South coxner of said Lot 5 ; thence Narthwesterly �long the South�,a�sterly line of said Lot 5 for a distance of �,�7 .4 feet; thence Northeasterly on a straight line 185 feet more or less to a point on the Sou.theasterly line of said Lot 3, distant 8.5 feet South��esteYly from the East corne-r thereof; thence Southcaesterly along the Southeasterly line of said Lots 3 and S, Block !�S, fo-r a distance of 193.5 feet to the place of beginnino. PARCEL N0. 3 Al? of Lots 6, 7 , 8 and 9, and all those portion.s of Lots 10 and 11, Block 45, Rice and Irvine' s Add?tiorc to Saint Paul and vacated Ontario Street which are described as follotias: Beginning at a point where the Southeasterly line of •said Block 45 extended Northeasterly intersects the center line of vaca�ed Ontario Street; thence Northwesterly along the center li�.e of said vaca�ed Ontario Street I46.4 feet; thence South�aesterly on a curve to the left tiahich has a radius of 3769.83 feet - 112. 2 feet more or less to a point en the Northtiaesterly line of said La� 10, Block 45 , ti�Tnich is 11. 2 feet Southwesterly from the tiTorth corner o€ said Lot 10, Block !+5 ; ther_ce Sou.thtiaesterly alor_� the �Jorth- tiaesterly line of said Lot 10, Block 45, a distance of 48.8 fezt to the ��7est co-rner of said Lot 10; thence Southeasterly along the So�thwesterly Iin� of said Lot 1Q to the South . corner of �aic� Let 10; thence i3ortheasterly alono �he e:�tended Sout'r�easterly line oF said Block 45, 153 tee� to the pl�.ce of -;?<r; �ning. . , . � . . • . ( � � � . . _ 2��?��� PARCEL N0. 4 Al1 those parts of Lot 3, Block 43, and of Lots 5 thru 9 of Bloc'� 44 of Rice and Irvirie` s Addition to Saint Paul and of vacated Ma.rket and Ontario Streets which are described as follows : Beginning ► at a point where the Southeasterly line of said Block 44 extended Southwesterly intersects the center line of vacated Ontario Street; thence North- �aesterly along the center line of said vacated Ontario Street 132.2 feet; thence Northeasterly on a curve to the right which has a radius of 3.544 feet and whose tangent at said last point makes a�. Easterly . angle of 77° 55 ' with said cen�er line of vacated Ontario Street, 480.4 feet to a point on the South- easterly line of Lot 3 of said Block 43 at which point of intersection a tangent to said curve makes an angle of 19° 52' tivith the Southeasterly line of said Lot 3; thence South�aesterly along the extendzd Southeasterly line of said Lot 3 across vacated iL�.rket Street and along the extended Southeasterly 1ir�e of said B1ock 44, 461.5 feet to the place of beginnino. Except those portions of Lots 9, 10 and 11, Block 45, Rice and Irvine' s Addition to Saint Paul and of the j�,Testerly half of vacated Ontario Street iying North of a straight I.ine �ahich intersects the Northerly line of said Lot 9 at a distance of 8.5 feet Westerly of the Northeasterly cornar thereof, and tl2ence extends Easterly for a distance of 165.1 feet more or less to a point on the center line of vacated Ontario Street, distant 132.2 feet Northerly, measured along said center line, from the intersection thereoi with the Easterly prolongat�oZ of the Southerly line of said Block 45, Also except the Southeasterly 26 feet of Lots 7, 8, 9 , 10, and 11, Block 45, Rice and Irvine' s Addition, Southeasterly 2o feG� of Qntario St. , vacated, and the Southeasterly 26 feet af Lots 5, 6, 7, 8 and 9, Block 44, Ric� & Irvine' s Addit?on; Part of I�Iarket St.�� vacated that lies Southeasterly of a line from a point on the Northeasterly line of Loz 9, Bloc'� 4!�, Rice � Irvine' s Addition, ca'nich is 26 feet from South�ast line of said Block 44; thence Northeasterly on a st-raight line to a poinc on the South�aesterly line of Lot 3, B1ock 43, P.ice & I�vine' s Addition, that is 16 feet Northcaesterly of the South�.rGsterly corner of s�id Lot 3; hlsa part of Lot 3, B1ocl� 43, °�ice � Irvine' s Addit�.on lyin� Southeasterly of a li�n.e . f,_c� z �oirL� on the South�,:esterly lin` oF saic� Lot 3, l6 i`��t NoY�h°.ueste.rl�r � ' ., . _ `� !' ^� � . �`r �� � �:-C� of the Southweste-rly corner of said Lot 3; thence North- casterl�r in a straight line to t�ze Southeast corner of said Lot 3; excepting therefrom that part of said Lot 3, lying Northcaesterly of a line described as follows: Beginning at a point on the center line of vacated Ontario distant 132. 2 feet Northwesterly from the extended South- . easterly line of Block 44, Rice and Irvine' s Addition; thence Northeasterly on a curve to the right �,Jhich has a radius of 3544 feet and �ahose tan�ent at said last point m.akes an Easterly an.gle of 77° 55 with said center line of vacated Ontario Street, 480.4 fee� to a point on the � Southeasterly line of Lot 3, Block 43, at which point of intersection a tangent to said curve ma.kes ar� angle of 19° 52' with the Southeasterly line of said Lot 3 and ��hich point is 4b1.5 feet from the intersection of the Southeasterly line of Block 44, extencled Soufi�htilesterly, �aith ttie center line of vacated Ontario Street. TO HAVE AND TO HOLD THE S�'��, Tog�t?-L�r zaith all the hereditaments a�d appurtenances there��nto belonging or in any�,aise appertainino, to the said party of the second part, its successors and assig�.s Forever. IN T�STIMO�tY �dHEREOF, the said first party has caused these presents to be executed in its name by its and its , the day and year first above �aritten. HOUSING AND REDEVELQP�NT AUTHORITY In Presence of: � OF THE CITY OF SAINT PAUL By - Its By Its � � � . .t � �F , . , 2������ STATE OF r-1I�tNESOTA ) ) ss . EOUNTY OF RAMSEY ) - , On this day of '� , 1973, before me, a notary public within and for said County, personally appeared and , to me personally �rn.owri, � �eho, being each by m� duly sworn did say that they are respectively the and the of the` Housing and Redevelop- ment Authority of the City of Saint Paul named in the fore- goiiig instrument, and that said instrumen.t �aas sign2d in behalf of said Housing and Redevelopment Authority b}r authority of and said and • . acknowledged said instrument to be the free act and deed of said Housing and Redevelopment Authority. , Nota-ry Public N1y commission eh-pi-res .