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02-662Ret,um copy to: (BJE) Real Estate Division 140 City Hall ORIGINAL RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 W HEREAS, the City of Saint Paul, acting through its Valuation & Assessments Engineer, has 2 secured an agreement for the purchase of real properry, said property being described as: 0 �� Lot 7, Bdock I1, Stinson's Addition to the City of Saint Paud, Minnesota; and 6 WHEREAS, the acquisition of said property described is necessary for stormwater ponding 7 construcuon for the pro}ect enUtled Phalen Boulevard Phase I: Mississippi Street to Payne Avenue; and 8 9 WHEREAS, on February 6, 2002 the Saint Paui City Council approved CF #02-110 authorizing the 10 acquisition of said property; and 11 12 WHEREAS the purchase price of said property is Ten Thousand Aollars ($10,000.00), this being a 13 fair and reasonable amount based on the appraised value of said property; and 14 15 16 17 18 19 20 21 22 WHEREAS, the Valuation & Assessments Engineer has recommended the purchase of said property at the appraised value, subject to the terms and conditions agreed upon between the fee owner and the City of Saint Paul as specified in the attached purchase agreement; now, therefore be it RESOLVED, that the proper City officials are hereby authorized and directed to pay Mr. Nicholas Sauro the sum of $10,000.00 plus closing costs for the purchase of said property said sum to be charged to Activity Code: CPL C99-2S141-0788-25061. Adopted by Council: Requested by Department of: Form Approved by City Attorney Councii�le# �.1-G�1 Green 5heet # 111986 ✓ Date: 7une 28, 2002 Green Sheet Number: 111986 T.M.S./REALESTATEDIVISION O -�f•� onfadPersonandPhopeNumber: EPARTMENTDIRECTOR CI1YCOi1NCII, ruceEngelbrekt 266-8854 `"'� m� "'�` DD(�ETDII2ECTOR 1 �C &M S$ IIt // ost be on Comd Agenda by: N�E� YOB(ORASSISTAN7� 2 RealEstateDfvhian OTAL # OF SIGNATLJRE PAGES 1 (CLIP ALL IACATIONS FOR SIGNA'CURE) CTION REQUESTED: Approval of resolution to pay $10,000 to the property owner of Lot 7, Blcek 11, Stinson's Addition to the City of aint Paul, Minnesota, to acquire fee title to the property which is necessary for the Phalen Boulevard project Ref: 1) esolution; 2) urchase a eement; 3) ma . coMmENDATioNS: APPROVE (A) oR REJECT (R) ERSONAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING: . Has th¢ person/6rm ever worked under a contractfor this deparhnent? YES NO PLSNMNG COMMLSSION SSAFF . . Hastlusperso�fir�aeverbeenaCStyemployee? IFS NO CIViL SERVICE COMMGSSION . Does tlus perso�Srm possess a slrill notnornially possessed by any YES NO CIe coMMITTEa cuttent C5Ty emp]oyee? Fa lain all YES answers on a s arate sheet and atfach. UPPORfiS WHICH COi3NCIL OB3ECTIVE? - COUNCIL WARD(S) 6 DISTRICT PLANNING COUNCIL J r IATiNG PROBLEM, ISSUE� OPPORTUNITY (WLo What, When� Whem� Why?): On February 6, 2002, the City Council approved the Snal order for acquisition of this property, which is needed for the Phalen Boulevard project on the East Side of Saint PauL Subsequently, an appraisal, appraisal review, offer letter and acceptance were completed in accordance with state/federal requirements. Council authorization is now re uired for the Ci a the ro e owner for fee fitle to the ro e VANTAGES IF APP120VED: The City will be able to pay for the property and proceed to ctosing. ISADVANTAGESIFAPPROVID: �°� ��' None. 2002 ;� ISADVANTAGES IF NOT APPROVED: The C5ty would not be able to acquire this property, thus potentially delaying ponding construction work for the Phalen Boulevard project. OTAL AMOi1NT OF TRANSACTION: � 1 O�OOO.00 COST/REVENUC BUDGETED (CIRCLE ONE) YES NO ING SOURCE: �O�CCt FUII(IS AcTIV�TY��c: CPL C99-25141-0788-25061 NANC7AL IlVFORMATION: (EXPLAIIV) G:VSHARSD�RHAI, W Pdata44cquisiIlOns�Bmce41E2001-0S.PhaselB.C1kSGSaaro.PAresoLGS.wpd o a-t��? U `� ;;, �-�,:. ___. � i . '� E� . CITY OF SAINT PAUL �" � � �,:. PURCHASE AGREEMENT Date: 2. Location of the Real Fstate: Clark 5treet (near Bush Avenuel. Saint Paul. Minnesota. 55101 3. Legal Description of the sale property: Lot 7, Block 11, Stinson's Addition to the City of Saint Paul, Minnesota 4. a) Name and address of Buyer: City of Saint Paul - Department of Public Works 9th Floor City Hall Annex - 25 West Fourth Street Saint Paul, Minnesota_55102 b) Name and address of Seller: Mr. Nicholas Sauro 6068 �jibwa Fark Road Brainerd. Minnesota, 56401-7020 5. Purchase price accepted by Seller: _$10.000.00 6. Reai Estate Taxes: Seller shall pay one half of all taxes payable in 2002, as well as any delinquent taxes not yet paid. Seller shall provide buyer with proof of payment of taxes. Any assessments, tases, and liens not paid as of the date of closing, will be withheld from the purchase price. Buyer shall pay a11 tases payable after 2002_ Seller shall pay all assessments levied against said property as of the date of closing. Seller shall provide buyer with proof of payment of assessments. Type of Conveyance required: Seller shall conve�marketable fee title to the City bv Warrantv Deed. o�.-L`�- Purchase Agreement Page 2 9. Seller shall provide the Buyer, within seven (7) days of signing this Purchase Agreement, an updated Absuact of Tifle and/or an Owner's Certificate of Title. Seller agrees, at Seller's cost and expense, to correct or remove any exception or "clouds" on the title as shown on the Buyer's "Commitment to Insure" ufle examination report. 10. Closing shall occur within 30 days or less following execution of this Purchase Agreement, at which time the titie to the premises shall be conveyed to the City. The closing date may be postponed and rescheduled by mutual agreement of the parties hereto. Buyer shall pay ail closing costs. 11. Buyer shall take possession of the property on the date of closing. If Seller wishes to occupy the premises after the date of closing Seller agrees to execute a lease with the City. Buyer agrees that Seller shall retain possession, subject to the lease, and shall be aliowed to occnpy the subiect property until the scheduled date of occupation by Buyer. Buyer further agrees to notify Seller at least 90 days prior to said scheduled date of occupation. Seller agrees to notify buyer if occupancy will terminate prior to said scheduled date of occupation. 12. Seller shall provide an affidavit on the date of closing, indicating that the Seller has not used or permitted the use of the subject property as a hazardous waste disposal facility as defined in section 115A.03 Subd. 10 of Chapter 121 of the Laws of Minnesota of 1983, and that there is no basis to conclude that this property has been subject to or contaminated by the release of any hazardous sub- stance, hazardous waste, pollutants of contaminants as defined in Section 115B.02 of the Minnesota Statutes. 13. All warranties and representations made in this Purchase Agreement shall survive the closing and the conveyance of utle to the property. This Purchase Agreement and a11 obligations provided shali, to the extent not fully satisfied and performed by or through the Closing, survive the closing an d the conveyance of title to the property. 14. This purchase agreement is subject to approval by the Saint Paul City Council. SELLER: IC�I / ( i�i�ca-Gl �CC,�c-2� Date: �-l� � `Z-- I� Bt3YER: F By: r�UVI'�� Its: Date: Date: �� � ��� � aZ-��s.