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256420 � , � )� �IlJ�L TO CITY CL6RK �� . - CITY OF ST. PAUL HOENCIL NO. �� OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM ---ti PRESENTED!Y COMMISSIONE ATF ��tEAS, �h City of Saiat Paul did acc�ire by c�n- d�nation �nd/o= }�y condemnation and deed, certain seal prmperty in the City of Sai�t Paul fo= the purpose of widening Kellogg Bonlevard (Third 5treet) and did dedicate the same for public street, park, and parkway purposes; aad �R�AS, tbe Council of the City of Saint Paul, pnrsuant to the proeedur�s set forth in Section 129 of the Charter of the City of Sairat Paul and Chapter 228 of the �aint Panl Legis- lative Code, by its Resolutioa, Council File �o. 256335, approved lTon��ber 11, 1971, duly vacated a po=tion of the real estate so dedicated for p�blic street, park and parkway, as �ore fully de�cribed in the said Resolution, Council File �T�. 256335, subject to certain ter�s and condition� contained therein= and � p Council File D 0 1�FiElyS, urs�aant to said Council Resolutioa, �' � Iio. 256335, and ia accordanc� with the ter�s contained in Chapter � �y 87A of the Saiat Paul Legislative Code (�etting forth procedw=e: � for aale of City real property) , th� Land Committee was directed o and authorized to proceed with th� sale of a portioa of the real o property so vacated; and �?�..._.. __ � = WEEREi�, tlle Land Comeittee �nd the Ca�ittee on Laada have � � sul�nitted a report to the Co�attcil of the �ity of Saiat Paul st�tiaq that the s��bject real property to be �old is not needed fa= any p�blic p�rpose by aay City department, b�reaa or agency nc� or in the foreseeable futu=e and that the City eonvey its inte�est � therein to the abutting land ow�aer for the sns of $41,850.00, whieh s� is the present fair mark�t value of the same as appraised and re�orted by an appraiser appointed and �aployed by the Council; now, therefore, be it RES�L�D, That the Council of the Cit� of �ai�t laul does hereby concur in the recom�ae�dation of i�s Land �a�ittee and its COUNCILMEN Adopted by the Council 19— Yeas Nays Butler � (�c Conway Approve� 19— Levine Tn Favor Meredith Mayor Sprafka A gainat Tedesco Mr. President, McCarty -�- �� _' __. .1. ��. 1 ��RF�II�YAL TO CITY CLRRK CITY OF ST. PAUL HLE NCIL N� ;��Y;�� . , O F F I C E O F T H E C I T Y C L E R K COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER oATF 3 a. �'he grantee shall remove tlze concrete stairs adjacent to the existing retaining wall located contiguous to the Southw�sterly line of Lot 7, Auditor' s Subdivision No. 35� 3t.Panl Minn. to the satisfaetion of tbe Department of Publi� Wo=ks and according to a ti.aetable approved by the Department �f Public Works, and the grantee is to notify the departtsent when the removal has be�n completed. b. The grantee shall be responaible for tlze �aiatenance of the retaiaing walls and ornat� railing adjacent to Kellogg Bc�ul�vard and Jack�on Street, and for the maintenanee of the lateral support of said str�:ets. c. �'he grantee shall pay all the cost incurred by the City relative to the closing of the co�crete stair opening in th� existing omate railway. � NOV 18197� COUNCILMEN Adopted by the Council 19_ Yeas Nays ��T� Butler NOV 18 � Conway ,J Appro e 19— Levine _j� Favor Meredith � Sprafka Mayor Tedesco ASainat Mr. President, McCarty Nov a o �97; P_UBLISHED �� R Oh�lliAL TO CITY CL6RK �F�,�� . - CIT1( OF ST. PAUL couNC�� U '�� OFFICE OF THE CITY CLERK �+� NO. COUNCIL RESOLUTION—GENERAL FORM PRESENTED 9Y COMMISSIONER DATF 2 Ca�ittee on Lands and does heseby approve the sale and c�nveyanee of the inter�st of the City of Saint Paul as vendor- grantor of the follc�wing described tract of land for tl�e pre�ent fair market value of $41,850.0�, the �ale and eoaveyance to be cons�aaated withi� 60 days next after the eff�etive dat� of the vac�tion of the sectionsof public stre�t, park, and parkway va�ated by Cauncil Resolution, Council File �To. 256335, and in ao case later than �7anuary 1�, 1972f and the Mapor, City Clerk, and Comptrolle�r ase hereby anthorized and directed to execnte, on behalf of the City of Saint Paul, as grautor, qtxit claim deed eonveying the City' s inter�st in the following de�cribed tract of land to Farw�ll, Ozmun, Rirk and Co. , as granteer '�hose pa=ts of Lots 1 throngh 7 and n�rtherly 1/2 of ' vacated all�y accruing thereto in Agditor' s 3nbdivisioa No. 35� St. Paul Mi�. lying withi� the follc>wing described lines; conmaenci�g at th� most �lesterly corner cf Lc�t 8, A�ditor' s S�bdivisioa DTo. 35 �t.Panl Minn. ; theace in a northwesterly direction ae=oss a 20-foot platted alley and along the �outhweateslp lin� of said Lot 7 a distance - of 54:57 feet northwest�rly from the said Westerlp corner of �t 8; thence d�flecting to the right 74°19' a distance of 241.6� f�eet along the new establi�hed line of Kellc�gg Bc>ulevard, thence deflecting to the right 97°04' a distance of 85.00 feet along the new establish�d �outhwe�terly line of �ackson Street; theace continuing alang said line acso�s the alley to the ATorthwesterly line of Lot 8; thence southwesterly along the Northwesterly line of Lot 8 to the point of begianing; subject to the following restrictions, ter�s aad conditions: COUNCILMEN Adopted by the Counc>> 19— Yeas Naya Butler (�ud�oa Coaway Approverl 19— ��e _1n� Favor � ,�;� Meredith Sprafka Mayor Tedesco AS�nat Mr. President, McCarty �� t i . Aesmaanm •��eae�eee !�!le�o� CITY OF SAINT PAUL OFFICE OF THE R09ALIE L. BIITLEA COMM=SSIONER OF FINANCE Loz�M.Po�Axi comxieezox:Y nseoxr comx�eezoxns November 18� 1}71 The Honorable i�yor and Members of f.he City Council Re: Those paxts of Lots 1 throu�h 7 and northerl.y 1�2 of vacated alley accruin� thereto i.n Auditor's Sub. No. 35 lying within the folloy,ring described lines: comonencin� at the most westerly corner of Lot 8� Aud. Sub. No. 35; thsnce in a NW'1.y direction across a 20 foot platted alley and along the SWtly line of said Lot 7 a distance of 5�+•57 �eet 1VW'ly from the said W'ly corner of I,ot $; thence def'l.ec�t- irig to the ri�ht 7�+°19' a dis�anee of 241.60 feet along the nee�rr established line of Kello�g Boulevard� thence deflectin� to the r3.�ht 97°O�t a distance of $5.00 feet alon� the n�w established SWtly line of Jackson Street; thenee continuing along said li.ne acxoss the alley to the N4d'ly line of Lot 8; thence SW•ly alon� the NGJ'ly line of 7,cat 8 to �he point of be�i.nnin�. Gentlemen and Mad.am: We the followin� Committees, namely the Cit�r T.,a.nd Counnittee and the Com�nittee on I,ands as described in the City Charter� 'h�ve eontaeted all. City depa.rtment�, utilizin� Real Estate,regaxding the3.r fu�uxe interest to the referenced 1,ands and in line with their reports� whieh are attached hereto� we report the foll.owin� findings and recomQnenda.tions: 1. The refereneed property is not needed.� neither presently nor in the foreseeable fu�ure, for public p�arposes. 2. It 3s in the best interests of the City of Saint Paul that the refer- enced lands be sold and returned to the Tax Rolls. 3. Pursuant to the terms and conditions of Section 87A of the Legislative Code� we recomanend that the referenced lands be sold to the owners of Lot 8� ,�uditor's Sub. No. 35, for the appraised v�,lue of �41,850.00 as determined by Mr. Joseph L. Bettendorf� Appraisera pursuant to C. F. 256203 approved November 1, 1971� said s�.le to be made subject to the following restrictions: r � . -2' a. The grantee sha11 remove the concrete stairs ad3acent to the existin� retaining wall located contigu,�us to the Southwestexly line of Lot 7, Auditor's Sub. No. 35 to the satisfaction of the Department of Public Works a.nd accord.irig to a time table approved. by the Depa.rtment of Fublic �Torks� a.nd the grantee is -to noti� the depa.rtment when the removal ha.s been completed. b. The grantee sha.11 be responsible for the maintena.nce of the retaining wa�.ls and ornate raili.ng a.d.jacent to Kellogg Bou].ev�rrd and Jackson Street� and for the ma3.ntenance of the lateral support of said streets� and the grantee shall agree to accept the terms and conditions of a.n ordinance permit whieh will allow for the eneroachment of the existi.n� retaining w�al.ls into Kel7.ogg Bou7.evard and Jackson Street. c. The �rantee shall pay all the cost incurred by the City ral.atiQe to the closing of the concrete stair opening in the existin� orn�.te railwa.y. Re tf`u11y Submitted.: � � CHAS C S 0 PARKS, RECREATION A1�ID PUBLIC B INGS MM 5SI P1ER OF PUBLIC WORKS OMMISSIOl�R OF FINANCE ___ � CONIMISS 1VER OF PUB I TIES '��— ,` P � �'.':re S� � ��` �, �1k tv� "'M;�i�Y}� �&I � � ' ` §�6� 5 1�h�4`.�"B�"+`3�9 91 +'�y, �� '"`� �� N �'Fws,w �"y��. �,�. .°T'� � ,y'�t�i ,� ��a� '��'�" �� v�iir ifr t`t��t r '� s '� }� `_ � � 3 4 $ 4s s$ �'e ��„g.� _3 � £`�i x,�y � � � � ��1=� � �t�3 '��~�� + P� � �"��. � �� _ i ae � .�gfit,'� �� i g r� '��,y��' - `�#t ' � � �lk � �, i, �� ' ��t�tl��r�,o i � ,� �'�4s �� ` �� " � „1 x;�'��p` ;`� � a�' r, (� I�i r ��'t�ks; �„�:` i q.r y, i,� ��'��e I .,,r ,m=�„ :i��e ,� . ; ;, � A� �� (� . fi�k^�t�� v� .- � °� � � ��" i �� 1'. �1�"° �' ' � � i `��,�°'', '°�� '� ��e�� ,;,_, �-,�� +' ,�x _ �. `- NOYC.'ffibP.x' I.H� �.�1. To the Honorable Ma.yor and Council of the City of' Saint Paul Gezrtlemen and. Madam: The Counc3.], of the City of Saint Pau1 by 3ts resolution� C. F. No. 2�6335, approved Nov�mber 11, 1971� vacated that certain paxee7. of land located at the southw�st corner of Kellogg Boulevard a�. Ja�kson Street contiguous to the F�,rwell, Ozmun� a,nd Kirk Ccympax�,y prop�y ccymprising pe�xts of Lots 1„ 2, 3, �+, 6� e,nci 'T� Auditor's Subdiv3sion 1Vo. 35 and ad�oining alley� axrd authorized and direct�d tha.t the said land.s be sold. The said lan�d is owned by the City havin� be�n acquired by �an.iaent domain proceedings for streets� parkss parkways' and public sqvares. The Depaxtments of Parkss Recreation & Pu:blic Buildings# aad Public Works have rev3.�red the proposed disposal o�' the sub��c�t land and find sa3d land �o be surplus to the n�eds of the City and that it �rould be in the best interests of the City to dispose o� the subject land. We therefbre reco�tend that the Camm�ittee on Lands proceed. with the sale of the sub�eet property as e,uthoriz�d. ancl d3rected. by the Ccnancil in the afore- mentioned resolution. Very tru].y yours� � V Or . @SCO Co�mn3.ssion of Parks� Recreation & Pu,bl3e Buil.d s L.. J ,�'' -`.�Ro ex onway Comm�issioner of Publie Works CITY OF SAINT PAUL DEPARTMENT OF PUBLIC UTILITIES 216 Ciry Hall and Court House 55102 PHON6 223-4747 ROBERT F. SPRAFKA Commiseioner of Public UNlities and President,Board of Water Commissionera JOHN B. LaPOINTE Deputy Commiesioaer TJovember 18� 1971 Co�unissioner Rosali� L. Butler Chairwoma.n City Land Com¢nittee City of Saint Paul Deax N�dam: Pursvant to your request the Department of Public Utilities has reviee��rred the proposed. disposal of that ceri-.ai.n parcel. of City-owned. land loeated at the southwest corner of Kellogg Boulev�.rd and Jackson Street con- tiguous to the Farwell, Ozmun� and Kirk Compe,r�y prop�xty. The sub�ect land is not needed for any purpose by �r depa.rtment. There- fore it is my opinion that it is in the best interests of the City that the sub�ect land be disposed of as authorized a�l directed by the City Council by its resolution� Council File No. 256335, approved November 11, 1971, Very truly yours, �� n�� Ro F. Spre� , � Commiss3oner of l�c Utilities �WD:REF:dm �� CIT T PAUL esota Department of Li and Civic Buildings 945 City H t House 55102 LEONARD W. LEVINE Commissioner MICHAEL C.MARTIN Deputy Commissioner I�ovember 18, 1971 Com�tissioaer Rosalie L. Butler Chairwoman City I,and Co�ittee City of Saint Pa.ul Dear H�ada�n; Pursuant to your request the Depaxtment of' Zibzz��xxi�s has reviewed the proposed disposal of tha.t certain parcel of City-owned land located at the southwest corner of Kellogg Bot�l.ev�rd and Jaekson Street con- ti.�uous to the Farhrell, Ozmun, and Kixk Ce�pa.ny property. The subject land is not needed for any purpose by my depaxtment. There- fore it is my opinion that 3.t is 3n the best interests of the City that the sub�ect land be disposed of as authori.zed. and. directed by the City Coixncil by its resolution, Gouncil Fi1e No. 25633g, approved Nove�nber 11� 1971. Very truly yours� � L�onard W. Levine Conan3ssioner of Libraries and Civic Buildin�s JWD:REF:dm � November 18, 1971 Co�nissioner Rosal.ie L. Butler Chairuroman City Land Comtnittee C3ty of Saint Faul Dear Madam: Pursuant to yoiar r�quest the Depextment of Public Sa�ety has revi�ed the proposed disposal of that certa.in pare�l of City-owned land located at the southwest corner of Ke11og� Boule�vard and JaGkson Street contiguous to the Farwell, Ozmuna and Kisk Compa�y property. The sub�ect land is not needed for ar�,y purpose by m�y department. There- fore 3.t is my opinion tha.t it 3.s 3n the best interests of the City that the sub��ct land be disposed of as authorized and dir�eted by the City Council by its resolution, Counc3l File No. 256335� approved Norvember 11� 1971. Very truly yours� Dean I�eredith Co�issioner of Publ3c Safety JWD:REF':dm 1 JOSEPH L. BETTENDORF, tH.A. �. ' 2�l �� 4�� , AN APPRAISAL ' 1 of ' , South Side of Kellogg Boulevard , Between Robert and Jackson Streets • ' , fo r ' ' - ' CITY OF SAINT PAUL , C ity Hall St. Paul, Minneaota � � by ' , Joseph L. Bettendorf, M. A. I. ' 928 Minnesota Building St. Paul, Minne a ota 1 , PAGE ` II11li IIII1111 ,� _ p�, .. - �;��! "!�'�._ ---�.`°�. - �� }� j' _= e 1�, , e . -�__,,�-,� _ _ �„ o ..� � � � ��,^ ��_ �..� � "� ' �`4i, r _. J � . 1'___"J` - . _ � .-_ . ... `-' �►._'`I .�•� , � ( _ �i-'.-7� � K r -- - � M .� ,��- ' _ . _ "�- �F��j „�;r,�,�"�:r _ .� __ '�`'- -� � �` .:� .` -� �,; -'� • r . f�.. y '�/' r'� .n. e��- r r • r�� •:. Ij '. ,� . �� f �`.�,�w �� a� �! �► --�y�►T�,^`-„�,,� . � �!_ - �� ,. _ �� - �� - _.� _;�'` �...,�,,, ..• .. � �=�, 1 -- �'- -- - ......-� � �� ;:� .� ' MA� �jd�I�df2 "" �P � ' �7 Real Estate Appraisals IIIMinnesota Buildiag - St. Paul, Minnesota 55101 - 224-2002 , MEMBER St.Paul Boerd of Realtars American Institute of Real Eatate Appraissn ' Sociefy of Real 6fete Approitsn November $� 1971 , Cit of St. Paul Y City Hall . 1 Fourth and Wabasha Streets St. Paul, Minnesota 1 Re: South Side of Kellogg Boulevard, Between Robert and Jackson Streets. ' Gentlemen: In accordance with your request I have made a careful inspection , of the captioned property, which is more particularly described elsewhere in this report, and have made a atudy of conditiona af- fecting its value. ' B virtue of m investi ation I have formed the o inion that the Y Y g P market value of the subject property, as of November 4, 1971, is: ' FORTY EIGHT THOUSAND SEVEN HUNDRED DOLLARS ' $ 48, ?00. 00 1 This report is aubject to the following qualifying conditiona: a. The reatrictions placed on the sale of the subject property 1 by the City of St. Paul have been considered in arriving at market value, in keeping with the concept of highest and beat use which will be discusaed later in this report. , b. According to Subsection 8 (a) of Sec. 87A. O1, which reads as follows: "That such authorized sale and conveyance shall ' be comsummated within said 60 day period and shall be made by the City as vendor-grantor to the owner of the tract or par- cel of land which shall abut immediately upon and be contigu- 1 oua to the aubject vacated aection of public atreet, public alley, or public street approach, as purchaser-grantee". ' i 1 • , JOSEPH L. BETTENDORF. iH.,4. �. ' 2�l �u� �4�w��,L� � ' c. Sec. 87A of the legislative code reads in part as followa: "That no such sale or conveyance affecting any such tract or parcel of land or affecting the right, title, eatate, or ' interest therein of the City, shall be made for an amount of money which shall be less than the fair market value of the same at the time of such sale and conveyance as apprai- ' sed and reported by the City valuation engineer or other competent appraiser appointed and employed by the Council, in the premises, and that the form of conveyance in any such , instance shall be that of a quit claim deed". � Your attention is invited to data. and discussiona following which, in ' part, form the basis of this conclusion. , Respectfully aubmitted, BET'I NDORF APPRAISALS, Inc. �`^ ' � �J. L. Bettendorf, M.A. I. ' 1 1 1 1 1 1 1 . PAGE , ' JOSEPH L. BETTENDORF. iti.A.l. , /lea� �'�,ta.�e �l�Cr��2�c�r�la�l ' � ' SALIENT FACTS AND CONCLUSIONS � ' NLARKET VALUE ESTIMATE $ 48, 700. 00 ' Size of Tract ' ' Irregular - approximately 19, 477 square feet. ' ' Square Foot Value of Parcel - $2, 50 , . Estimate of Value � i $2. 50 per ag. ft. x 19, 477 aq. ft. _ $ 48, 692. 50 ' Rounded to - - $ 48, 700. 00 F ' ; ' i 1 . ; 1 � i � � 1 � 1 ; � ; 1 1 PAGE 1 ' ' JOSEPH L. BETTENDORF. M.A. �. ' �ec� �'s�e r4Z��2�a�rrla�il ' ' THE PR OPER TY Subject property is a tract of land with approximately 54. 57 feet , at the west end and approximately 105 feet along Jackson Street or east end, with an estimate of 24I. 60 feet along Kellogg Boulevard, and 260. 88 feet along the southerly line as shown on a drawing aub- ' mitted to your appraiser. If these figures are correct the aquare foot area would be greater ' than that reported, however, the drawing is not to acale and, accord- ingly, the aquare foot area as submitted has been accepted by your appraiser. � This property appears to have been under the ownershi of the Cit P Y of St. Paul and included in the legal description of the part south of , Kellogg Boulevard, and not travelled, and includes a 20 foot alley which was opened in 1879. ' For many years this property has been used as a parking and loading area for Farwell Ozmun Kir & Company, and apparently it has been recently offered for sale, or is intended to be disposed of in connec- ' tion with a propoaed use of the old FOK building contiguous and adjoin- ing to the south. ' There are I4 overhead doors at the north end of the FOK building that were used as access for loading on the subject site for many years. Apparently the site has been used for ingress and egress by trucka , making deliveries or taking merchandise from this FOK building. The grade of the land at Jackson and Kellogg appears level, and Kellogg ' Street slopea upward as it progresses westward providing an estimated depth at the northweaterly edge of the property of approximately IO feet ' below the s idewalk level. At this point there are concrete steps providing access to the grade level of the area involved. Along the northerly edge ia a retaining ' wall (concrete) to protect the boulevard area and Kellogg. � All utilitiea are available to serve the aubject site. , � 2 PAGE ' ' JOSEPH L. BETTENDORF, rH.A. i. ' � R� �� Jp��,G� � ' THE PR OPER TY - Cont' There is an existing storm sewer catch basin and underground 1 piping located within the area under appraisal. PROPERTY RIGHTS TO BE APPRAISED , . Title in fee simple, unencumbered, subject to usual easements for streets and utilities, if any, and subject to the special conditions ' outlined under the "purpose of the appraisal". Z ONING � The zoning of the aubject site is "Light Induatrial". , LEGAL DESCRIPTION That part of the platted alley in Auditor's Sub. 35 lying East of the , line running from the most westerly corner of Lot 8; Auditor's Sub. #35 to the most southerly corner of Lot 7 in said addition to the new ' established southwesterly line of Jackson Street. Also those parts of Lots I - ? Auditor's Sub. #35 lying within the following described lines: commencing at the most westerly corner of Lot 8; Auditor's Sub. #35; thence in a Northwesterly direction across a 20 foot platted alley and , along the Southwesterly line of said Lot ? a distance of 54. 57 feet North- westerly from the said westerly corner of Lot 8, thence deflecting to _ the right 74°19' a distance of 241. 60 feet along the new established line ' of Kellogg Boulevard, thence deflecting to the right 97°04' a distance of 85. 00 feet along the new established Southwesterly line of Jackson Street; thence continuing along said line acrosa the alley to the North- ' westerly line of Lot 8; thence Southweaterly along the Northwesterly line of Lot 8 to the point of beginning. ' HIGHEST AND BEST USE � Thia ia defined in the Appraisal Terminology and Ha.ndbook, published by the American Institute of Real Estate Appraiaera, Fifth Edition as follows: ' "The moat profitable likely use to which a property can be put. The opinion of such use may be based on the higheat ' 3 PAGE ' ' , JOSEPH L. BETTENDORF. t�.A. 1. , Rea� �'�ta.�e �4��a��a.Gl ' ' HIGHEST AND BEST USE - con't ' and most profitable continuous use to which the property is adapted and needed, or likely to be in demand in the reasonably near future. However, elements affecting value , which depend upon events or a combination of occurrences which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from ' consideration. Also, if the intended use is dependent on an uncertain act of another person, the intention cannot be con- sidered. ' That use of land which ma reasonabl be ex ected to roduce Y Y P P the greatest net return to land over a given period of time. ' That legal use which will yield to land the highest preaent va- lue. Sometimes called optimum use. " , DEFINITION OF MARKET VALUE ' Market value is the highest price expressed in terms of money which the property will bring when exposed for sale in the open market with ' a reasonable time allowed to find a purchaser buying with a full know- ledge of all the uses and purposes to which it is adapted and for which it is capable of being used. ' PURPOSE OF THE APPRAISAL , It is intended that the City of St. Paul may vacate the property under appraisal and, under t�ese conditions, sell it to an adjacent or adjoin- , ing owner. Section 87A of the Legislative Code indicates that the fair market value of the property must be established at the time of any sale or conveyance, as appraised and reported by the City valuation , engineer or other competent appraiser appointed and employed by the Council. ' Therefore, it is neceasary to establiah the value of the property as of the date of the appraisal, and it would be subject to the following re- atrictions: ' 4 PAGE ' ' JOSEPH L. BETTENDORF. n�.A. 1. ' l<eG�G L1�� t�22�CS�ilCJ.GI , ' PURPOSE OF THE APPRAISAL - Con't 1. That the vacation be subject to all the terms of Section 228 of ' the Legislative Code as amended. 2. That a specific easement for the existing drainage system and ' structures be retained. ' 3. That a apecific easement for the maintenance of the existing retaining wall which is located adjacent to the southweaterly • line of said Lot 7 and vacated alley be retained. ' 4. That no construction including grade change will be permitted without written approval by the Department of Public Works. , 5. That the petitioner, heirs, assignees or designees shall remove the concrete steps adjacent to the existing retaining wall located adjacent to the southwesterly line of said Lot 7 and the vacated ' alley to the satisfaction of the Department of Public Works within 30 days after the vacated area other than the southerly half of the ' alley is transferred to others. The Bridge Engineer of the De- partment of Public Works must be notified before removal of stepa begins and when removal is complete. All costs incurred by thia , underta.king shall be paid for by the petitioner, heirs, assignees or designees. , 6., That the costs incurred by the Department of Public Works for con- struction of closure for steps as cited in Condition 6 above, special • studies, surveys, development of legal descriptions for new right- , of-way lines, engineering conferences and other items be recovered from the compensation for the vacation in the estimated amount of $2, 000. 00 and said amount to be deposited in Account No. , pur3uant to Section 87A of the Legislative Code. 7. That in the event of building expansion or development in the vacated ' area, these matters be coordinated with the Bureau of Fire Protec- tion, Department of Public Saf�ty. ' - . , 5 PAGE ' ' R M.A. I JOSEPH L. BETTENDO F, ' R� �� 4��,1,� i ' PURPOSE OF THE APPRAISAL - Con't ' ' 8. That the Committee on Lands b e directed to proceed with the sale of the following tract or parcel: ' "Thos e parts of Lots 1 through 7 and northerly 1/2 of vacated alley accruing thereto in Auditor's Sub. No. 35, lying within the following deacribed lines; commencing at the most ' westerly corner of Lot 8; Auditor's Sub. No. 35; thence in a northwesterly direction across a 20 foot platted alley and along ' the southwesterly line of said Lot 7 a dista.nce of 54. 57 feet nox�@i- westerly from the said westerly corner of Lot 8, thence deflect- ing to the right 74°19' a distance of 24I. 60 feet along the new es- ' tablished line of Kellogg Boulevard, thence deflecting to the right 9?°04' a distance of 85. 00 feet along the new established southwesterly line of Jackson Street; thence continuing along said ' line across the alley to the northwesterly line of Lot 8; thence southweaterly along the northwesterly line of Lot 8 to the point of beginning. " ' Said sale to be consummated in the manner preacribed by Sub- section 8 of Section 87A of the Legislative Code. ' 9. That the petitioner file an acceptance to the terms of the vacation in accordance with the terms of Section 87A, said acceptance to ' include provision that the transaction.;:will be completed within the time limitation set forth in Ordinance No. 13309 adopted August 10, 1966. � Recognizing the purpose of the appraisal, subject to the reatrictions placed on the property, specifically the easement for exiating drainage ' system and structurea be retained, the higheat and best .use is limited to an entrance way. ' In keeping with the concept of highest and best use it would appear that the aubject property could not be improved with a structure of any sort because of the drainage easement required to provide for atorm water ' drainage and run-off, which is preaently in place. Utility expreasea value and the greater the utility, obviously the greater , the value. PAGE�_ ' ' JOSEPH L. BETTENDORF. M.A. �. ' ' Rec� �'�,�e r4�r��a�r�a.Gl . 1 � ' PURPOSE OF THE APPRAISAL - Con't ' The limitations on the subject property are such that it appears its maximum utility or optimum use would be nothing more than ingress and egress to the building to the south. This appears to � be the only contribution the parcel under appraisal has to offer to the property to the south, which is the old FOK building. ' The sales listed later in this report, in keeping with the concept of highest and best use, may be improved with atructures. This has a definite bearing upon highest and beat use which, in turn, is ' reflected in the estimate of value. ' ' , ' ' t t 1 ' ' . ? PAGE ' ' JOSEPH L. BETTENDORF, wt.A. i. ' Rea� �'�,ta�`e �4�Cr��r.la,l�� ' ' LAND VALUE ESTIMATE AND MARKET DATA In order to arrive at the value of the subject propelrty it is essential, ' that sales of other properties possessing some degree of similarity be studied and adjusted as required to form a degree of comparison that would be indicative of the current market attitude. ' Basic land sales, as such, are rather difficult to find in the area be- cause sales in the area have included buildings as of the date of the , sale. Attempts to separate the land and building appear futile because most of these buildings were at or near the end of their remaining econ- omic life and the property was acquired, basically, for land, to which ' was added the cost of razing the building in order to arrive at the true land value. ' Some of the salea that were considered are as follows: ' Y. 282-300 East Fifth Street Legal Description: Lot 1, Block I3, Whitney and Smith's Add. Buyer: Toni Company ` Land Area: 7, 740 sq. ft. . 165' on E. Fifth Street. Sales Price: $35, 000. 00 cash. plus razing cost. Indicated Factor: $4. 52 per sq. ft. ' 2. 365 Broadway ' Legal Description: Lots 3, 4, 5, 6, 7, Block 45, Kittaon's Add. Buyer: Toni Company ' Land Area: 25, 375 sq, ft. (2 parcels divided by alley) Sales Price: $170, 000. 00 plua razing coat. Indicated Factor: $6. 72 per sq. ft. , 3. 366 Pine Street ' Legal Description: Lot 8, Block 45, I�ittaon's Addition. Buyer: Toni Company Land Area: 5, 278 sq, ft. ' Sales Price: $35, 000. 00 cash plus razing cost. • Indicated Factor: $6. 63 per aq. ft. Theae 3 parcels were acquired by the Toni Company in 1964 and 1964. , All contained buildinga that had to be razed. PAGE $ ' ' JOSEPH L. BETTENDORF, tH.,4. 1. ' R� �� 4��i � ' LAND VALUE ESTIMA TE - Con't ' 4. Olive Street Legal Description: Lots 5, 6, 7, 8, Block 42, Kittson's Add. ' and all of Blocks 46 and 47, Kittson's Addition, plus parts of Olive Street vacated. Land Area: On 5th St. -200' x 100' on Olive ' � on 4th St. - 466' x 220' on Pine and John Total area - 122, 520 sq. ft. Buyer: Toni Company � Sales Price: $125, 000. 00 Indicated Factor: $l. 02 per sq, ft. This was also purchased by the Toni Company in 1964-65. Former ' improvements were removed by the seller prior to the sale in this instance. ' Following are other sales that have transpired in the area over the past six to eight years. ' 5. 300-310 Broadway Legal Description: Lots 5, 6, 7, 8, Block 61, Kittson's Addition ' and 20 feet of Pine Street. Buyer: Hilex Company Seller: American Standard Radiator Co. ' Land Area: 22, 478 sq, ft. Date of Sale: February 1964 Sales Price: $95, 224. 00 cash 1 Indicated Factor: $4. 24 per sq. ft. Site was improved with a 6 atory mill type building, built in 1890. , 6. 221-231 East Fourth Street ' Legal Deacription: Lots 2 and 3, Block I5, Whitney & Smith's Add. : less 5' x 136' atrip. Buyer: Arthur C. Johnson, et al ' Seller: : Stetson Building Corporation Land Area: 10, 940 sq. ft. Date of Sale: December 1965 ' Salea Price: $6. 48 per sq, ft, including razing coata esti- mated at $10, 940. 00 9 PAGE ' ' JOSEPH L. BETTENDORF, tH.,o,.l. � �� 1 ' LAND YALUE ESTIMA TE - Con't ' 7. 282-300 East Fourth Street Legal Description: Lots I, 2, 3, Block 4, Hopkins Addition ' Buyer: Nottingham Investment Co. Seller: Empire Industries. Land Area: 20, 550 sq, ft. ' Date of Sale: September I968 Sales Price: Total cost - $101, 312. 00 - building foreclosed Indicated Factor: Based upon assessed value the land area is , ' estimated at $2. 20 per sq. ft. 8. 242 E. Fifth Street � Le al Deacri tion: Lots lI and 12 Block I4 Whitne & Smith's g P , , Y ' Addition. Buyer: Bernick Seller: Feicht ' Land Area: 14, 295 sq, ft. Date of Sale: January 1965 Salea Price: $78, 000. 00 , Two old buildings were on the site, built I890. 9. 266-280 East Fifth Street ' Legal Description: Lots 1 and 2, Block 14, Whitney and Smith's Addition. Buyer: Bernick ' Seller: Feicht Land Area: � 14, 295 sq. ft. ' Date of Sale: March 1965 Sales Price: $35, 000. 00 Two old loft buildings were on the site, built 1881 and I890. ' This eale adjoins Sale No. 8 above. Salea 8 and 9 were acquired by the same purchaser. Combined land area , was 28, 590 sq. ft. and combined sale price was $1I3, 000. 00. The indicated aquare foot factor for land, including buildinga, was $4. 00. ' IO PAGE ' ' JOSEPH L. BETTENDORF. iH.A.t. ' , ICP,[� liZ�2 ri�t��2�a�1'rlC�il . ' ' LAND VALUE ESTIMATE - Con't ' It will be noted that these properties were sold with buildings and that in eome instances the buildings were razed to obtain land value. ' Recognizing these sales prices include buildings, it is indicated that the value of the subject, after adjustments, would be realistic at approximately $2. 50 per square foot 1 Available information indicates that the Housing Authority sold a tract of land to Jack Geller, which is the easterly irregular portion ' of the block bounded by Sibley, Jackson, East Fourth and Kellogg. , This sale was apparently comsummated at $5. 00 per square foot. The land lies between the commercial post office building and the ' railroad building, and the intent is to use it as a parking lot, how- ever, this sale is not subject to the restrictions that apply to the ' subject under appraisal. Currently, there is an offering of the site where the Toni building once existed, which is between Fourth and Fifth Streets, and Broad- , way and Rosabel. This site contains approximately 46, 440 square feet, and the asking price is $5. 00 per aquare foot, which would give an indicator of $232, 200. 00. This is not a sale but rather an asking ' price. , The following are additional sales that were considered: I0. Between Fourth and Fifth Streets, and Pine and John Streets , Legal Deacription: Lots 5, 6, 7, 8, Block 42, Kittaon's Addition and all of Blocks 46 and 47, Kittson's Addition ' together with all part of Olive Street vacated lying between the SE�ly line of Fifth St. and . NW'ly line of Fourth St. in City of St. Paul ' Grantor: Northern States Power Co. Grantee: The Gillette Company Land Area: 102, 520 sq, ft. ' Date of Sale: August 28, 1964 Sales Price: $125, 000. 00 Indicated Factor: $l. 22 per sq. ft. ' lI PAGE , ' JOSEPH L. BETTENDORF. iH.A.�. , �� f�� , , LAND VALUE ESTIMATE - Con't ' 11. 240-260 East Sixth Street - SE Corner of Sixth and Wacouta Legal Description: The Westerly 95' of Lot 12, Block 11, 1 Whitney and Smith's Addition. Grantor: Estate of William Johnson Grantee: Robert J. I'Neil ' Zoning: Light Industrial Land Area: 95' (Sixth) x 50' (Wacouta) or 4, 750 sq, ft. Date of Sale: April 30, 1965 ' Sales Price: $13, 500. 00 Indicated Factor: $2. 85 per sq. ft. ' This is a small corner parcel adjacent to the Finch building, with little or no prospect for expansion. Presently used as a parking lot for about 20 cars. ' It is known that sales in the industrial park, by the Port Authority of the City of St. Paul, range in price on recent sales from a low of approxi- ' mately $1. 20 per square foot to a high of $l. 80 per square foot, with the exception of properties fronting on Robert Street. The soil in this park has presented problems requiring excess costs on footings. However, , this area is not deemed comparable, prima.rily because of the distance from the loop area, but there were no reatrictiona on building insofar as ' the surface is concerned. After analyzing all the foregoing factors, and recognizing the location of the subject and the offerings and sales over the past years to the north ' and east, it was concluded that, after necessary adjustmenta for location, time, topography, restrictions, and so forth, $2. 50 per square foot would ' be indicative of the value of the aubject site. $2. 50 per aq, ft, x 19, 477 sq, ft. _ $ 48, 692. 50 ' Rounded to - - - - - $ 48, ?00. 00 ' ' I2 PAGE , ' JOSEPH L. BETTENDORF. M.A.�. ' 2�l �� ,�� 1 � CONTINGENT AND LIMITING CONDITIONS ' The legal description furnished us is assumed to be correct. ' I assume no responsibility for matters legal in character nor do I render any opinion as to the title, which is assumed to be good. All existing ' liens and incumbrances have been disregarded and the property is ap- praised as though free and clear, under responsible ownership and/or competent management, unless otherwise specified. ' This appraisal is to be used in whole and not in part by the applicant or by others having written consent of the applican� , I have made no survey of the property and assume no responsibility in connection with such matters. ' I believe to be reliable the information contained in this report and furnished to me by others, but I assume no responsibility for its accuracy. ' Possession of this report, or a copy thereof, dces not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous written consent of the appraiser , or by the applicant and in any event only with proper qualification. I am not required to give testimony or attendance in court by reason ' of this appraisal, with reference to the property in question, unless ar- rangements have been previously made therefore. ' 1"he distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in con- ' junction with any other appraisal and are invalid if so used. Neither all nor any part of the contents of this report shall be conveyed ' to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the author, partic- ularly as to valuation and conclusions, the identity of the appraiser or , firm with which he is connected, or any reference to the American Institute of Real Estate Appraisers, or to the M.A.I. designation. ' ' PAGE 1 JOSEPH L. BETTEND�RF. M.,4. �. ' �2Q� �i� 7��L�►��G�i1Q�il ' ' ' ' CERTIFICATION ' I, the undersigned, do hereby certify that I have no present ' or contemplated future interest in the property appraised, that the compensation for the appraisal is in no manner con- ' tingent upon the value reported, and that to the best of my knowledge and belief, the statements and opinions contained ' in this appraisal are correct,subject to the limiting conditions hereinafter set forth; also that this appraisal has been made in conformity with the Rules of Professional Ethics of the ' American Institute of Real Estate Appraisers of the National Association of Real Estate Boards. 1 ' ��1e�%�t .� �e�t�u�, M. A. I. ' , ' t ' ' PAGE . ' APPRAISING QUALIFICATIONS of I JOSEPH L. BETTENDORF MEMBER ' American Institute of Real Estate Appraisers Governing Council, 1963 through 1968. Regional Vice President 1969. ' Charter Member of Minnesota Chapter No.35. Board of Directors; Admissions and Education Committees. Society of Real Estate Appraisers, Senior Member. ' Past President, Vice President, Secretary-Treasurer, Board of Directors of Minnesota Chapter No. 16. St. Paul Board of Realtors: Board of Directors. t National Association of Real Estate Boards. Minnesota Association of Realtors. Urban Land Institute. ' APPRAISAL EBUCATION AND EXPERIENCE American Institute of Real Estate Appraisers, Michigan State University, East Lansing, Urban 11, Real Estate. ' Seven years in property management, brokerage, residential construction. Eleven years with Federal Housing Administration as Staff Appraiser. Engaged in the appraisal of real estate as a profession, exclusively, since 1941. Independent Fee Appraiser since 1955. ' INSTRUCTOR St. Thomas, Macalester, Augsburg Colleges, on the "Frinciples of Real Estate Appraising" ' for the Society of Real Estate Appraisers-1955 through 1963. Purdue University—"Principles and Techniques Course" 1961, 1962, 1963. Lectured at Seminars conducted by Loca1 Chapters of A.I.R.E.A. at Des Moines, Iowa; Minneapolis, Minnesota; Appleton and Eau Claire, Wisconsin; and at Seminars con- ' ducted by the Society of Real Estate Appraisers at Columbia, Missouri and St. Paul, Minnesota. Also lectured at the University of Minnesota and the Extension Divisian in 1362 and 1963. ' Globe Business College for St. Paul Board of Reaitors-1961, 1962. APPRAISAL ASSIGNMENTS AND CLIENTS ' St. Paul Housing and Redevelopment Authority;Port Authority of the City of St. Paul;Min- nesota State Highway Department; County of Ramsey; Board of County Commissioners; General Services Administration; Villages of Arden Hills, Roseville, Maplewood, New Brighton, Little Canada, Shoreview, Newport, Moundsview; Mendota Heights, Vadnais ' Heights, City of Stillwater; City of White Bear Lake;St. Paul Companies;Shell Oil Com- pany; Minnesota Mining & Manufacturing Company; American Can Company; Union Car- bide and Carbon Corporation; Mortgage Guaranty Insurance Corporation; International ' Business Machines; Wood Conversion Company; Remington-Rand; Whirlpool Corpora- tion; General Mills, Inc.; Minnesota Transfer Railway Company;Gluek Brewing Company; Ruan Transportation; Northern Pacific Railway; C. C. Mitchell Company; Sun-Ray De- velopment Corporation; Pure Oil Company; Ford Motor Company; Banks and Savings & t Loan Associations; School Districts; Federal Housing Administration; Veterans Adminis- tration; Numerous Private Clients; Appraiser for Probate Court;Qualified in District Court as Expert Witness; Commissioner in Condemnation; Consultant in Subdivision Analysis and ' Land Planning; Appraisal assignments include industrial, commercial, residential, and special purpose properties, such as shopping centers, apartment buildings, stores, ware- houses, refineries, office buildings, churches, supper clubs and restaurants, theatres, farms, ' golf courses, priories, and numerous easements for installation of public water, sewer, pipe lines, transmission lines. 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