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262511 WH17E - CITY CLERK C�unCll 262511 PINK - FINANCE GITY OF SAINT PAl1 L CArtARY - b�PARTMENT _ BLUE -MAYOR File NO. esQlution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the Gity of Saint Paul has entered into a certain agreement with the Minnesota Transfer Railway Company for the purpose of enabling the City to construct Capp Road and Transfer Road, said agreement approved by Admir�istrative Order No . 715; dated June 27 , 1973; and WHEREAS, the City Council has been advised that the Minnesota Transfer Railway Company will convey street and bridge easements to the Gity and that the City will pay as consideration therefor the sum of Twenty-six Thousand Seven Hundred Fifty Do�llars (�26 ,750) , now, therefore , be it RESOLVED, that the Council of the City of Saint .Paul does hereby approve acquisition by the City of the necessary easements for street and bridge purposes for the eonsideration of �26,750, to be paid by the City' to the fee owner, Minnesota Transfer Railway Company, subject to the approval as to marketable title in Minnesota Transfer Railway Company, by the City Attorr�, the eost of said acquisition to be eharged to P. I.R. 60000, to be reimbursed from i973 Minnesota State Aid funds . COUNCILMEN Yeas Nays Requested by Department of: �� Butler Konopatzki .�_ In Favor Levine Meredith � Against BY � Rmedler Tedesco Mme.President ��K Hunt Adopted by Council: Date N�V 8 i973 Form Approved by C t rney Certif' ed by Cou ' Se BY By Approv Ma Date Approve y May is ' n o uncil . By BY PUBLISHED N�V 17 197� ` • ������ C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY October 12, 1973 R. SCOTT DAVIES Mr. Frank D. Marzitelli City Administrator City of Saint Paul 367 City Hall Saint Paul , Minnesota Re : Our File G73-0232 Dear Sir: Pursuant to agreement between the City and Minnesota Transfer Railway Company dated July 16, 1973, and ap- proved by Administrative Order No. 715 , the Railway Company has presented proper deeds conveying the neces- sary street and bridge easements to the City to be used for the construction of Capp Road and Transfer Road. Pursuant to this agreement , the City is to pay �26, '750 for these easements . We have examined the ownership and encumbrances report submitted by the Railway Company together with the executed deeds , and are of the opinion that it would be proper for the City to accept the deeds and make payment in accordance with the agreement . This acquisition of easements has not been approved by the City Council , although the Council has adopted the necessary Final Orders for the construction of Capp Road and Transfer Road. In order to be able to accept the conveyanee of the easements and to make payment , it will be necessary that the City Council approve the purchase price , and, to this end, we have prepared and transmit herewith proposed resolution for the City Council ' s consideration. If you have any questions , I suggest you contact Bill Donovan, Valuation Engineer, or Dave Loskota in Public Works . Yours ery tru , JEROM J. SE L � Assis a t Ci y Att ney JJS:bl cc : Mr. Donovan City Hall, Saint Paul, Minnesota 55102 Mr. Loskota 612 298-5121 • •� - : _ : 262511 CITY QF Sf� if�T �P�tJ [.. OFFl�E Q� THE ClTY /�D�vl{ hISTRATC3R Ff:A�K D. MAR;�l1�FLLd October 23, 1973 TO: Mayor Lawr�nce D. Cchen ./ FR: Frank D. Marzitelli �� Agreement between City and Minnesota Transfer Railway Company I havz reviewed the abov� ref_ere�ced reso.lution and axn in agreemeni� with same. Your approval and submission to the City Counci]. for action is recommend�d. FDM/ca Attach. / City Hali, Saint Pa�s(, Minnesota 55�02