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02-417Return copy to: (BJE) Real Estate Division 140 Cyty Hall �--�, -1 ' ,°` 9 i, i ? { '�-% . \ � ! 40' { ! �j� �`� L Presented By Referred To Committee: Date �3 1 WHEREAS, the City of Saint Paul ("City") desires to acquire a permanent easement for street 2 purposes on, over, under and across a tract of land owned by the Kath Fuel Oil Service Company 3("Company"), located at 525 Lafayette Road, Saint Paul; and 4 5 WIIEREAS, the permanent easement, being in the County of Ramsey, State of Minnesota, is 6 described as follows: 7 8 9 10 11 12 13 14 15 16 That part of Lot 2, except the south 40.00 feet thereof, Bass' Addition of Out Lots to the Town of St. Paul lying east of a line 52.00 feet west of and parallel with the center line of Jefferson Street (now known as Lafayette Road) as dedicated in Bass' Addition of Out Lots to the Town of St Paui and Bass' Addition to the Town of St. Paul and lying west of a line run from the northeast corner of Lot 11, Jarvis' Subdivision of Lot 3, of Bass' addition of Out Lots to St. Paul to a point on the south line of said Lot 2, said point being 47.00 feet west of the ariginal center line of 7efferson Street (now known as Lafayette Road) as dedicated in Bass' Addition of Out Lots to the Town of St Paul and Bass' Addition to the Town of St Paul; and 17 WHEREAS, the City and Company have executed a dedication of easement agreement (attached as 18 Exhibit "A") to allow the City to acquire the street easement from the Company; and 19 20 WHEREAS, said easement is necessary for the widening and reconstruction of Lafayette Road from 21 Grove Street to University Avenue (TMS File No. AE2001-11, Fina1 Order No. 02-238, approved 22 by Saint Paul City Counci103/20/02); and 23 24 WHEREAS, the said easement is Five Hundred Dollars ($500.00), this being a fair and reasonable 25 value as determined by an appraisal; and 26 27 WHEREA5, the Valuation & Assessment Engineer has recommended the purchase of said 28 easement at the recommended value; now, therefore be it 29 30 RESOLVED, that the Saint Paul City Council accepts the dedication of easement and directs and 31 authorizes the proper City officials to pay $500.00 to Kath Fuel Oil Service Company (3096 Rice 32 Street North, Litt1e Canada, Minnesota, 55113-2204) for the purchase of said easement; said sum to 33 be charged to Activity Code: C98-2T060; and be it finally 34 35 RESOLVED, that the proper City officials are authorized to file said agreement with Ramsey 36 County. 37 38 39 Council FSIe # O �. - 41 � Green Sheet # 111976 INNESOTA G:lSAARED\RHAI. WPdafaWcqwaLOns�BruceWE2001-I I.IztayetteWidemng.XathP.smt.Res.wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 , _ '^� 1 '+� $ { p � � 3 r ` �, t : }1 = ... . . u E i �:��i f Page 2 o �.-y�'1 Council FSIe # Green Sheet # 111976 G:\SHAREDl2EAL WPdataWcqtisitions�Bluce�AE2001-I I.LafayetteWidening.KathPSmtRes.wpd o�- ✓ T.M.S./REAL ESTATE DIVISION Date: Apri129, 2002 Green Sheet Number: 1ll976 nlactPersonandPLoneNomber. 2 EPARTMENTD 4 CITYCOiINCII, Bruce Engelbrekt 266-8854 1 crr�r �Tro� `/� ctEx� UDGETDIItECTOR FFICEOFFIlVANC7ALSVCS. os[ be on Comcil Agenda by: E��7Lii 3 YOR (OR ASSLSTA.� OTAL # OF SIGNATURE PAGES 1(CLIP ALL LOCATIONS FOR SIGNAT[3RE) CTION REQUESTED: To accept an agreement between the C�ty of Saint Paul and Kath F�el Oil Service Company to acyuire a permanent street easement; and to authorize payment for the easement and filing wit}i Ramsey County. Reference: 1) resolution; 2) easement agreement CONL�IENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWiNG: PLANNING COMMISSION gr� •��e Pe�o�rm ever worked �mder a contrac[ for this depar�ent? YFS NO . Haz this person/Srm ever been a City employee? YES NO C1VII, SERVICE COMMISSION . Does this perso�Srm possess a skill notnoix�ially possessed by any YES NO CIB COMMITTEE current employee? E lain all YES auswers on a se ate sheet a�i attach. UPPORTS WHICH COUNCII, OBJECTIVE? ovrrcn, y nisTxicz g ARD(S) PLANNiNG COUNCIL HI17ATING PROBLEM, ISSiJE OPPORTUNITY (Who� Whay When� Where� Why?): The City plans to winden and reconstruct portions of Lafayette Road from Grove Street to University Avenue (TMS FYIe No. AE2001-11). In conjunction with this project, the City is seeking a street easement on property adjacent to, and immediately to the west of, Lafayette Road. The 2-foot triangular easement would extend appro�mately 35 feet along the southeast corner of the property. VANTAGES IF APPROVI:D: � ,rq, g� � � � � �ir, �"'° T'he City may acquire the necessary street easement in advance of the Lafayett ''��g yrojeck NM� Pi?Y?SP� 4 3^� Il3UG ISADVANTAGES IF APPROVCD: None �=,.1'^` '�; °� 2fl�� ���� �t������ ISADVANI'AGES IF NOT APPROVID: The City will be unable to commence with the street widening project until the easement rights have been acquired. OTAL AMOUNT OF TAANSACTION: ySOO WST/RtiVENUE BUDGETED (CIRCLE ONE) YES NO INGSOURCE: �'O�CCtFllIICLS AcTlv�x�r�MBEx: C4&2T060 ANCIAL INRORMATION: (EXPLAI� G:ISHARID�REAI. WPdataWcquisifions�BmceWH2O01-11.LafayetteWidening.FsstRes.GS.wpd oa- ti�� DEDICATION OF EASEMENT FOR STREET PURPOSES .,`� ' ✓ , �' `" � �� . `c �� F SI,aT E . o`✓ ` ^ ;;: Kath Fuel Oil Service Company Grantor, for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Saint Paul, a municipal corporauon of the State of Minnesota, its successors and assigns as Grantee, a permanent easement for street purposes to open, widen and extend Lafayette Road under, above and across the following tract of land being in the County of Ramsey, State of Minnesota, described as follows: That part of Lot 2, except the south 40.00 feet thereof, Bass' Addition of Out Lots to the Town of St. Paul lying east of a line 52.00 feet west of and parallei with the center line of Jefferson Street (now known as Lafayette Road) as dedicated in Bass' Addition of Out Lots to the Town of St Paul and Bass' Addition to the Town of St. Paul and lying west of a line run from the northeast corner of Lot 11, Jarvis' Subdivision of Lot 3, of Bass' addition of Out Lots to St. Paul to a point on the south line of said Lot 2, said point being 4�.00 feet west of the original center line of Jefferson Street (now known as Lafayette Road) as dedicated in Bass' Addition of Out Lots to the Town of St Paul and Bass' Addition to the Town of St Paul. To have and to hold the same forever. The Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. The Grantor will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the public. It is further intended and agreed tnat this agreement and covenant shall remain in effect without iimitation as to time. IN TESTIMONY WHEREOF, the Grantor, 1�riTff -�+Et— �G SE+Z✓uE �• , a �I1NaFS o77} �r�RR under the laws of �lrivnA�oTi@— , has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this �g day of APRsc— > 2002. _ oa-y�� i: ;� ii�� i .� . . � � I �.��►` � ► ► STATE OF MINNESOTA COUNTY OF RAMSEY � ss The foregoing was acknowledged before me this �$�" day of {�pR,=�. 2002 bY �rr� CQ �i� and ���!/� j�a h) the �}�gS! �Bvlt and �l � "�YG��SlA/0/� of ���j �eI 8i ( S�rvi` C� - � i This Instrument was drafted by: Technology & Management Services Real Estate Division Room 140 City Hall St. Paul, MN 55102 •IEF�REY T. LARSON %,rnRr Puc3uC - M�ra�sota ]w�Y COMMISSION EXPiR£S SAN.3t,2005 G:�SHARID�REAI, W PdataWcquisitions�BruceWE2001-11.IafayetteWideniug.KathF,smtwpd