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03-452Return copy to: jao Real Estate Division 140 City Hall Presented By Referred To Council FYIe # O�j — y 51 Green Sheet # 203982 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �3 Cmmnittee: Date io �i �z 13 ia IS 16 WHEREAS, the City of Saint Paul owns in fee title the azea known as Norpac Road; and WHEREAS, on February 19, 2003 Council approved CF#03-56, which vacated the City's interest in said area and approved the disposition of the property by tl�e Sealed bids process outlined in Chapter 51 of the Administrative Code, subject to conditions outlined in CF#03-56; and WHEREAS, after receiving valid bids for said properry, a determination has been made as to the process for which said property is to disposed; so THEREFORE BE IT RESOLVED, that the proper City Officials aze hereby directed to convey the property in the area known as Norpac Road to the highest responsible bidder as outlined on the attached Bid Tabulation report. Requested by Department of: Technoloav & Manaeement Services � P�A _�PY�a� Director Form Approved by City �� .�Q�- � � T.NI.S./REAL ESTATE DIVISION Date: Green Sheet Number. 203982 Contact Person and Yhone Number: 2 EPAR'h�NT DIRECTOR CI1Y COUNCII, _ � Juan Ortiz 266-8864 �`"` 1�ATTO�rsY (�, 4 crrrc�iuc uStbeonCouncilAgendaby: wcErn�crox �ceoF�nrnNCrnr,svcs 3 YOR (OR ASSLSTANT) 5 AL ESTATE 140 CH (ORTI� OTAL # OF SIGNATURE PAGES _I_ (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Convey excess City owned property into private ownership - Norapc Road COMmENDnTIONS: APPROVE (A) ORREJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSWER TAE FOLLOWING: 1. Haz the perwn/firm ever worked under a contract for this department? YES NO YL4NMYG COMMISSION A STAFF . Haz tltis person/Erm everbeen a CiTy employee? YFS NO CIVIL SERVICE COMMISSiON . Does this person/6tm possess a skill not normally possessed by any YES NO CIB CoMMITTEE current City ¢Iflployee� , Ea lain all YES answers on a se arate sheet and attach. UPPORTS �VHICH COUNCIL OBJECTIVE? � COUNCIL WARD(S) ,,,j�_ DISTRICT PLANHING COti\CIL ,� NITIATING PROBLEM� ISSUE� OPPORTONITY (Whq What, When� Where� Why?): With the purchase of property for the Troutbrook area development project, there was property purchased in excess. With the vacation of this excess property approved, said property will now be conveyed into private ownership. ss ��,°�,>; °��'�� `�'�`°" a� � VAA'fAGESIFAPYROVED: � � r+ `°�"`�'� ��Q4 �.,✓ :7 �.i�.:� City ownership will be removed from this excess land and much needed funds from this conveyance can be put back into the project. - �_au�. - ISADVAb'PAGESIFAPPROVED: . rt � '"` � �� .-_� Fi�� ti3 L�11� None foreseen. li: .i �`i'• E• _.Y :-.. LSADVANTAGES IF YOT APPROVED: Project costs need to be covered, other ways to pay for the said costs will have to be developed. OTAL AMOLINT OF TRA�'SACTION: S0C T'CpOI'Y. COST/REVENUE BUDGETED (CIRCLE ONE) YES n0 i INGSOURCE: ACTIVITYNU�ER: �' 1�ANCIAL INFORVfATIO\: (EXPLAI� RECE1�lE� CITY ATTORNEY qPR-17-2003 10�21 ST PAUL CITY PURCHRSING 6512668902 P.02�02 03 -4Sa. Bid Tabulavon for RFP-23481-3 Purchase of Excess City-Owned Property St Paiil Pazk and Recrearion - Real Fstue Aivision Bid Opening Date: Apri] 16, 2003 - Buyez�Susa�-� Bid Price: Number of Addenda: Bid Tab/4-17-03/SP:ba Insurance Auto Auctions Inc Thomas O'Brien 1-847-839-4101 / BB: 5% $110,000.00 0 % Richard PeUow' 651-483-6675 BB: 5° $87,001.00 0 TOTRL P.02 MOORE, COSTELLO & HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS REPLY 70 ST. PAUL OFFICE May 13, 2003 ALL CITY COUNCIL MEMBERS OFFICE OF THE CITY COUNCIL SUITE 310 15 WEST KELLOGG BLVD ST PAiJL MN 55102 � i � 0 3 .�sa WRITER'S DIRECT DIAL NUMBER 651-602-2683 THE AUTHOR OF THIS LETTER RESPECTFULLY REQUESTS THAT A COPY OF THIS LETTER BE PROVIDED TO ALL MEMBERS OF THE CITY COUNCIL PRIOR TO THE MAY 14, 2003 MEETING OF THE COUNCIL Re: Resolution (Substitute February 19, 2003) Regarding Vacation and Sale of Nor Pac Road Council File #03-56 Green Sheet: #113046 Dear Honorable Members of the City Council: Our office represents Richazd and Jean Pellow (the "Pellows"). By Council Resolution dated February 19, 2003, Council File #03-56 (the "Resolution"), the City Council authorized the vacation of real property located near the intersecfion.of Jackson Street and Maryland Avenue. Attached for your reference is a copy of the Resolufion. Attached to the Resolufion are maps and a legal description of the property to be vacated. The property proposed to be vacated is commonly referred to as the "Nor Pac Road Propert}�'. Acting upon the Resolufion, the Real Estate Division of the City of St. Paul published a Request for Sealed Bid Proposals seeking bids for the sale of the Nor Pac Road Property. A copy of the Request for Sealed Bid Proposals is also attached to this letter. It is our understauding that two bids were received, one from the Pellows in the amount of appro�mately $87,000 and another from Insurance Auto Aucrions ("IAA") in the amount of approxunately $110,000. The sale of the Nor Pac Road Property to IAA is subject to the approval of the City Council. The City specifically reserved in the bid documents the right to reject all bids. It is our understanding that the City Council will review the sale of the Nar Pac Road Property to IAA at the CounciPs May 14, 2003 meeting. 55 EAST PIFTH STREET, SUITE 1400 • ST. PAUL, MN 5 51 01-1 7 92 • TEL. (651) 227-7683 • FAX (651) 602-2670 701 FOURTH AVENUE SOUTH • SUITE 1350 • MINNEAPOLIS, MN 55415-1823 • TEL. (612) 673-0148 • FAX (612) 395-8600 a � .y,$ �' May 13, 2003 Page 2 The purpose of this letter is to set forth the reasons that the Nor Pac Road Property should not be transferred to IAA, and to request the City Councii to reject all bids or to defer fiu'ther acrion on this matter until additional information can be obtained. The historical background of the ownership and occupancy of the Nor Pac Road Property is important to understand the title and other problems created by the proposed sale of the Nor Pac Road Property to IAA. The Nor Pac Road Property and the property that lies directly north of the Nor Pac Road Property was for many yeazs owned by the Northern Pacific Railway. The property that lies directly north of the Nar Pac Road Properiy was purchased from the railroad sometuna prior to 1973 by a company called Roberts Properties. Roberts Properties sold that properiy to Richazd and Jean Pellow in 1973. The Pellows continue to own that property today (the "Pellow Property"). The Pellow Properry is currently leased to IAA. Roberts Properties did not purchase the Nor Pac Road Property from the railroad because it was subject to an easement in favor of the City. The easement, which was created in 1950, was intended to provide a roadway through the Nor Pac Road Properiy to provide the City with access to maintain the overpasses on Maryland Avenue. When the Pellow Property was originally separated from the Nor Pac Road Properry, access to the Pellow Property was through Nor Pac Road and the City's easement. The Pellow Properiy has never been accessible from Jackson Street, because there is a foriy to fifly foot drop on the east side of Jackson Street. Access to the Pellow Properiy was therefore gained by driving onto the Nor Pac Road Property (thea owned by the railroad), turning lefr off of Nor Pac Road, across a small stretch of the railroad's property and entering onto the Pellow Property from the west. The actual roadway called Nor Pac Road did not connect with the Pellow Properiy. However, the City easement (which was then a 100' easement) was wider than the road and extended to the Pellow Properiy. Thirty years later, this continues today to be the only access to the Pellow Property. The Pellows also leased all or a portion of the Nor Pac Road Property for over 30 yeazs. The original lease, which was in 1973, was between the Pellows and the Railroad. That lease allowed the Pellows to put a fence on the Raikoad properiy to provide better security for the Pellow Properry and to otherwise use the railroad properiy in the Pellows' business. After 1973, the Northern Pacific Raikoad trans£erred its interest in the Nor Pac Road Properiy (subject of course to the City's easement) to a company known as Glacier, whose job it was to dispose of vast amounts of railroad property. Glacier sold the Nor Pac Road Property to a company called Trillium. Trillium then sold the Nor Pac Road Properiy to Peter Remmish. During this entire time period and despite the various transfers, the lease �S�' 0� ' May 13, 2003 Page 3 arrangement between the Pellows and the various owners of the Nor Pac Road Property continued. Remmish then sold the properiy to a company called REF, LLC, which was owned and operated by Frank Frattalone of St. Paul. The Pellows' lease arrangement for the Nor Pac Road Properiy continued uninterrupted with Frank Frattalone. However, Mr. Frattalone's written lease agreement with the Pellows specifically granted the Pellows a right to purchase the Nor Pac Road Properiy. A copy of the Pellow's lease with Mr. Frattalone's company is attached to this letter for your reference. IAA began leasing the Pellow Property from the Pellows in February, 1996. Mr. Frattalone and IAA discussed an arrangement where IAA would lease a portion of the Nor Pac Road Property for storage of excess cazs. However, Mr. Frattalone was unable to work with IAA, so Mr. Frattalone leased the property to the Pellows, who in turn subleased it to IAA. In 2001, the City purchased the Nor Pac Road Property $om Mr. Frattalone. The City assuxned the Frattalone lease arrangement then in place with the Pellows and continued to lease the property to the Pellows under the same terms and under the same agreement. Discussions between the Pellows and City officials at the time of the City's purchase made it clear that the City was fully awaze of the FzattalonelPeliow lease and the purchase option contained therein. In February, 2003, the City by Resolution authorized the vacation of the Nor Pac Road Property. Below is a discussion of the reasons the transfer of Nor Pac Road to IAA under the terms of the bid documents should not be appr�ved. 1. The Sa1e wiil Landlock the Pellow Pr�erty The transfer of the Nor Pac Road Property to IAA under the terms of the bid documents will permanently landlock the Pellow Property. For over 30 yeazs, access to the Pellow Property has been gained through the azea contained in the City easement as well as the continuous lease anangements the Pellows have had with the string of owners of the Nor Pac Road Property. The bid documents, however, replace the 1950 City easement with a permanent right of way easement on the southwesterly six feet of the vacated area and all of vacated old Maryland Avenue. This eliminates access to the Pellow Property using any public easement. Further, the CiTy recently terminated its lease agreement (the lease taken over by the City from Mr. Frattalone) with the Pellows. As a result, the Pellow Property is landlocked. No access will be available to the Pellows to enter their own land, either where the access has been for 30 years or furfher down Nor Pac Road. We understand that certain City representatives believe access to the Pellow Property will be available fiirther down Nor Pac Road, where the Pellows could at o� -�t s � May 13, 2003 Page 4 great expense develop a new driveway and tear down the existing fence. However, a close review of the map in the bid documents skows that a person would still be required to cross the Nor Pac Road Property (which would be owned by IAA) outside of the easement to access the Pellow Property. If IAA's purchase of the Nor Pac Road Property is accepted, it is true that IAA will be able to access the Pellow Properry by crossing their own land. However, the Pellows need permanent access to their land. Without that, the value of the Pellow Property will be reduced to little or nothing. Furthermore, IAA is a lessee of the Pellow Properiy and their lease will expire on its own terms. IAA has no option to purchase the Pellaw Properry during or after the term of the Pellow/IAA lease. It is unclear why IAA desires to purchase the Nor Pac Road Properiy when it owns no other property in the azea and the Nor Pac Road Properry is not by itseif buildable or marketable. The courts of Minnesota do not favor landlocked property. Had the bid documents provided for a permanent easement to allow visitors and the owners of tha Peliow Property to travel down Nor Pac Road and then turn left onto the Pellow Property, there would be no issue here with respect to access and landlocked property. The bid documents were therefore improperly prepared and ali bids should be rejected. 2. The Citv Must Reco�nize the Pellows Rieht to Ptxrchase the Nor Pac Road Propertv. The Petlows specificaliy confracted for the right to purchase the Nor Pac Road Properiy from Mr. Frattalone. T7us right to purchase was set forth in writing in a document signed by the parties, and was therefore an enforceable contract. The City purchased the Nor Pac Road Property from Frattalone and continued to lease the Nor Pac Road Properiy to the Pellows under the same written lease agreement containing the option. Discussions at the 6me the City purchased the Nor Pac Road Properry from Frattalone made it cleaz that the City had reviewed and was awaze of the Frattalone/Pellow lease, including the purchase opflon. In fact, the City requested the Pellows to sign a replacement lease. When the Pellows said that they already had a signed lease, the City accepted that posi6on and specifically agreed to continue with the Frattalone/Peliow lease. The Pellows continued paying the City the same amount of rent as they paid to Frattalone. By its action, the City assumed Frattalone's position as lessor under the agreement and the City should haue recognized the Pellows right to acquire the Nor Pac Road Property. The City was awaze from the titne it purchased the Nor Pac Road Property from Frattalone that the Pellows had a right to purchase the 0^�•�S� May 13, 2003 Page 5 Nor Pac Road Property and that the Pellows desired to purchase the Nor Pac Road Property. Minnesota law provides that a purchaser of properiy who has notice of prior unrecorded interests must reasonably investigate those interests. Miller v. Hennen, 438 N.W.2d 366. In addition, in an Iowa case the court said that an optionee (such as the Pellows in our matter) did not lose any of his rights under option to purchase real estate because of a conveyance by the optionor (Frattalone) to the city which had knowledge of the option. Connollv v. Des Moines & Cent Iowa Ry Co , 68 N. W.2d 320, 1955. The City is subject to and should recognize the Pellows right to purchase the Nor Pac Road Property. The City should reject the bids for this reason and transfer the Nor Pac Road Property to the Pellows. 3. When the Pellow Proroe was Orieinallv Senarated From the Railroad Propertv, an Implied Easement or Easement bv Necessitv was Created under Minnesota Law, and the Proroosed Transfer to IAA Fails to Recognize that Easament Under Minnesota law, there is an implied easement by necessity on the Nor Pac Road Property that allows the Pellows and visitars to the Pellow Property to travel east off of Jackson, down Nor Pac Road and then left to the Pellow Property. See Lake Georee Park v. IBM Mid-America, 576 N.W.2d 463 (Minn. App. 1998). When the Railroad split the Peliow Property from the Nor Pac Road Properiy, there was no access, specific or otherwise, to the Pellow Property. In other words, the moment that Roberts Properties purchased the Pellow Property from the railroad (the original owner of both the Pellow Properiy and the Nor Pac Road Properiy), an implied easement was created by necessity. The bid documents fail to recognize that easement and were therefare improperly prepared. All bids should therefore be rejected. If the City approves the sale of the Nor Pac Road Property to IAA, the Peilows will need to bring an action in district court to (i) enjoin the City from transferring the Nor Pac Road Property Yo IAA due to the fact that the ttansfer as proposed wi211and2ock the Pellow Properiy; (ii) compel the City to honor the Pellows' right to purchase the Nor Pac Road Property under the terms of the City/Pellow lease agreement (forxnerly with Frattalone); and (iii) establish an implied easement as a matter of record. This is not the course the Pellows wish to take. The Pellows request the City to reject all bids and setl the Nor Pac Road Properiy to the Peliows. If that is unacceptable to the Council at this time, the Pellows request the City to defer any action on the bids until such time as the interested parties are able to o� -�1s� May 13, 2003 Page 6 resolve the title, boundary and contractual issues raised by the proposed transfer of Nor Pac Road. That would seem a reasonable alternative to court action. Yours huly, SDS:nbk Enclosures MOORE, COSTELLO & HART, P.L.L.P. By s �� 1�"" � Steven D. Snelling STP:106958.1/57862-4 Cify of Saan# Paul Itequest fnr Seated Bid Propusa�s Sale of Norpac Road Area March 2003 I, Ovezview o � ' ,� S' ' fihe Resl Estate Division of the City of 9aint Paul are seekina seaied bid proposals from q,ualificd bidders to purchase property imown as "Norpac Road." 'I'his property is in the general area norrheast of Jackson and Mflryland and is genezally bordered by Jackson, Maryland, Hyacinth and R� Tracks. Minimum bids of 586,750 are reqssired and a11 sealed bid proposals axe to be aeeompaaied bp a bid secur6ty ia the amount of 10% of tJae propased purchase prfce. TI. Background . The azea known as Norpac Road is currently heing used by ?l�e City of Saini Paul for access to iu faciliues under the Maryland Avenue Bridgc_ The Sai.at Pau1 City Couacii passed a resolution on Febivary 19, 2003, r.o vacate rhe City's interested izt said property_ This zesolution also dizected Czry staff to seek sealed bids from the public ia accordance with Chantez 51 ofthe Saint Paul Adminisnavve Code_ �. S3d pro�sos�i a�d Sale Procedures It is now the intent of the City to sell ttus property to the lughest biddez meeiing qualzfications as detailed in this document. The Ciry �of Sain2 Paul will convey its ittterested in the property by Quit Claim Daed and makes no representation or warrantics with respcct to tke condition, or status oF ti21e to rhe property ar any defects. The successful bidder, at its sole expense, zzta.y obYairt such Title Insurance as the bidder deems necessary. 'I1�e properry is ofFered in an "as-is" condiuon. Yursuant to C;hapter S i.U1 o the (:iry oY Samz Yaul Admunstrauve Lade, a bid deposit in Uze amount of I 0% of tha proposed purchase price must accompany ail bid proposals_ Bid deposzt shail be in the form of either a cashier's check, a certitied check or a surety bond written by a corporate surety authorized to do 6usiness in rhe State of Mznncsota having a residcnt agcnt locaud in said statc, or a combinauon af a cerrified check or cashier's eheeic and sueh surery bond. Cenified or eashier's cheeks will be rehuned to all unsuccessful bidders within 60 days ofproposal opening. 'I'be successful proposer will be aIlawed up to rhirty {30) days fzo� z�ouce o£iutent to se11 tn comducL due diligence regsrding the property, which may be extended with a written repozt_ Cash only will be accepted at closing. IIT. Property Informari�n and Descriptian FoIIowing is information related to this property and is deemed reliable, but is noc guarenteed_ All interested patties are ?o perform do due diligence and �erify rhe informarian stated herein. Recaivad �5-�Z-�9 12:p1pm From-8514881874 To-MOORE COSTELLO HART PaQe 08 A. Prooerty NaxTarive: 6� �`� S y Norpac Road is a mosrly un-improved piPCe of propeny. Currently there is a small sbihuninous roadway used by the City for the purpose of maintaining access to it's urlities under the Maryland Averrue Bridge_ Tlus access is pxesently not desz�ated pubIic right away. Entxance to Noxpac Road is o£fJsekson Street nor�h ofMarylsnd. Other partions ofNorpac 12osd fiave a dirt sux#'ace snd an encroachment by ihe abutting business on the Easz. B. Apoazent Easements and Other StiDUlations• The sale of this pmperiy is subject to the conditions outlined in tha City of Saiat Paul, City Councii Fi1e Number 03-56 as follows: A. Tbe City of Saisat Faul A2ay acquize, for paz�C purposes, tbe svbjeet pareel within si�c yeazs o£tbe e££ective comgliance 8ato ofihis resoluuon (C.F. #Q3-56) if, in the judgeaxent ofdae Clry, the subjcct parccl,pr any parc o�i2 is needed �'or park purposes. B. In the event tfie City determines that the subject �arcel or aray part o£ iY is needed for park purposes, the said land may be acquized by the City in a sum equal to the purchase price, plus five percent pez year compounded, far the whole parcei or as adjusted on a sqaare foot basis for any portion of the parcel less than the whole patccl. The above meationed resolurion which approved the vacatifln of the City's interest in this progerry, aJso zetai_ued a zosdway.easem.ent over tbe southwestezly sixty feet o£ the,properCy, a pennanent watez easement and buy-back stipulatioa. C. Site Data: �'lood Plaiza Status: Earthquake Zone: Lot Lacation: Pazcel Sk,ape: !JI'opography: Notable Easements Uriliues: Not in flood plain Not located in an azea prone to earthquakes Northcast of t�Iaryland and 7aclrson Irregulaz Mostly level 12oadway Easeznent over the Southwesteriy sixty feet of properry vacated and a water utility easemant Watcr D. Real Estate Taxes: None have been levied because the Owner (City) is ta�c exempt. - IV. Instructions for Submireing SSd Proposals: A. " Pre-proposal site �isit and tour: Intezested parties aze to contact Juan Ortiz, Rea1 Estate Division 651-266-8850 to aiiange a site visit. 2 Received �5-�Z-03 12:�1Pm From-651488137d To-NpORE COSTELLO HART PaYa �4 p � .�s�. $. uesrions Proposers are asked to submit questions related co this bid pmposal in wziring on or i�efore 4:30 p.m. oa Aprid 3, 2Q03 to: Susan xeuerherm Management Assistant IV Room 280 City Fiall/Court House 15 W. Keliogg Blvd_ Saint Paul, MN 55102 Questions may be faxed.: (651) 26fi-8919 or e-mailed to: susan.feuerherm@ci.stpaul.mn.us Wriiten sesponses to all questions received will be #'iuxiished to all those receiving sealed bid proposals by April 7� 2003. No oral questions will be entertained prior to or after the dcadlinc For writtcn quesaons spec��d above. C. Proposal Submission and Closin�Date Interesced par�ies are to submit one original and five copies of their bid proposals by 2:00 p.m. on 'We3nesday, April 16, 2UO3 to: Divzsion o£Contsact.and Aaalysis Services Room 280 Ciry Ha71/Covrrhouse Building IS WestI�e3loggBoulevazd Saint Pau1,1VN SSi 02 � (651) 266-8900 All bid proposals are to be in a sealed envelope with the Proposal Nunzber, date and bidder's name indieated on the outside thereof. D. Fonnat of Bid Progosals: The following information is to be includcd in thc prppoaal, gresented and tabbed in tfie order listed: 1. Proposal form fiunished by the Ciry, with purchase price inserted; duly sigaed by a person authorized ta znake representation for rhe proposer. Minimum bid: �86,750_00 2. Bid security in fhe amount of at Ieast 10% of the proposed purchase price {originaI only) E. Public Information AIl informauon submir[ed to the o�ce of Conuact and Analysis Services wiIl be considered public Received 05-02-03 12:01pm From-6514881374 To-4100RE COSTELLO HART PaYe 05 information in accordance with Minnesota. statues governing data practices. Upon submission, proposals bccomc the properry of the City and wi11 not bc rcturncd to proposcrs. V_ Informatioa Attached as Attachment A A. Council ltesolution #03-56 vacating the Ciry in the properry (with conditions outlined) B. Propertv bescription C. Maps of nc� Area. V_ propos�l Selecrion Process and Critenia A. Criteria � o �.�►s�- Proposals 'wil] be evaluated by the proposed purcl�ase pzice which is accoznpanied by 10% bid deposit B. Process The successful bidder wilI have their bid subj ect to City Council approval, The City reserves the right lu ask fvi a33itional in£onna.tron or clarificntioa of thc submiasian from any ar all propoac�n nt nn.y ti.mc during the bid evaluac'�'on process. Tne final sale will be conditioned upQn the successful bidder cnmglying with a11 tersx�..c azid condirions and completion of a purchase agreement accepLable to a1l parties. 0 Receivetl U5-02-�3 12:Olpm Fram-6514BB1374 To-MOORE COSTELLO HART Pa7e O6 .1alA'L CRAUUACa�11�ey 404/l�y P��1/RPr Ptlr11x� xJge i Terms and Coaditions O� � �lS7, - 1 Preoarauon lnstructivns: Responscs must be svbmiRed on rhis form along with any other informa*ion rcqucsted in speci5cadon. Quose lowess prices F.O.B_ destination, no Shipping chaz�es added. Show unit priccs cctrnded to totat5. Do no[ include Federai excise Uvices in your response Responses must be sisned and submitted in a seeled e�vetope. The envelope shouLd list the bid or propasal number, date oFopening and be submitted to the Division of Consea and Analysis Servicea prior to date and hour shovm on face of this documenc Any communicazions on a bid or pmposal shoaid reference tht bid or pmposal number. Aftiim3Srve.4eGun/EqYal Oppor[uniry Reguircmena: Ail vendors Submitring 6ids ar proposals [a Ramsey Counry musx commix to nondiseciminaii0o iit vendah cmploymeni pmtcriccs �c.d fi+rn'u-h smtemenc of cemmitmcnt upon requLSC All vcndor su6mirting 6ids or pzopooalc to [he Ciry of Saint ppul musc comply wich the Ciry's Affirtnadve �crion Rcquircmenu in L•mployment; pursuenc [o Section 153.04 of tht S�int Punl I,egislauve Code and the Rules Goveming �m+ad�e Requirernents in Employmen� 'On contcace,c of 85�,000 or more, she apparenc low biddet musc Submic for approval: 1) �rer�ative pec;on Pragrem, and 3) Gtneml Compliance Repocts, including short term and tong [ecm �oa15 for lhc cmploymcnt o£minocities snd £emales in the conuacw�s work fnrce. before an award is mule and ait Wueement sigeted Specinl .ttequiremen[s 1Vhen L,nAar is Tnciuded inBid: 1) A cet[i5ed affidavqi s�ting ihat all ciaims for all work ISt10f PCCPD(il7Cd und materials fumished have 6ecn fvlly paid wili be required 6efore finat payment 2) An affidavic of paymrns of withho!ding of incomc taxes is rcquircd in accor.dance• with Vlinnesoca Stam[es, 1986, Chapcer 290. Focros for shis purposz are available ai che Szace Deprucmenc of Taxazion, lacome Tax Division, and mua 6e comple[�d by all contractors fu�d Subeonnaccors 6efarc final paymrnt is mxdc. A ccrti£c¢te by [he Commissioncr ofTaxanon shail Sacisiy chis �� requircmcnt. Seccion 290.97 also rcads,'iUO tleparttneni of the State of Minnesot� nor any political or governmcnt subdivision of the aa[e shalt make fiR� se¢Semeaz wiPh any Conirrtctor under a con¢nct mquir.ng thc cmploymtnx of emptoyeag tor ��a$es by said contractoc and by .°ubcontrnecorv nntil sarisfacrory showin� is made ihax said ronnactor or sssbconsr.mzor has comptieci with the provisions of Sec[ian 2o09y," 3) Ramsry County: "All con[rantors and subcon[ractors shalt mniorm W�e la6or laws ef :he Stau o£Minnesoia, :md xll otherlaws, ordinances, Hnd Iagai tequiremencs aCfceting the wor!c in Ramscy Couniy andS`tace of YLinncso[a. Thc minimum wage rntc per hour to be paid i'or each classificauon of work shall bc uni� wage raze in che IocalCa uf the projcct for those cl�ssifications over which rhe unions have jurisdiction and [he ]pe�l prevailing razes for the classificauons of work in locat"sties over which che unions do not have jurisdicrion." 4) Ciry of Saint Paul Administtacivz Code 8207: "AIl conaacts in Uie amounc of S10,p00 or mosc hcrcinnfrer entered into fnr the purpa+c of peif4rming any work for tl�e C1 ry of Sainr Paul involving eirhrr ncw cnns[rJCUOn work or repair work on anp roads, bridge5. 5ewer5, sffeets, allrys, parks, p�rkw¢ys, huifding or any ocher public works involving thc imnrovcmcnt of public properry, inciuding the� remova! of public nuisanc�s, shall be made apon tbc ba5is that the wages paid to the occuparional groups ucilized in such wosks shall nok bc Iess [hazn th� waga eno Srtnges paid to compatable positians in �e class3Pc0 Civfl Suviac syssems. � 7nsurancc Rcquiremers4o Seuisfacxory praof o£ the cY.istence mnd carriage of insurance o£xha kinds and siaxcd limiu in c6e spccificaiion wi17 be requirad. Vrndors are requcncd co discuss r.his eondrtion with theic inzurancc agenc be£ore submiaing a bid or peoposa]. A Co.mpleted Ce[tifieate o£lnsuz'ance mus[ bc :e:uns3?o Llac Division o£Conuacz aad Ana�ysis. 280 Cir.y HnlllCours Aouse. Saint Pau1. MiV 557o2 tiviiliin 10 wotking days of the rcccipc of thc Vcndor No[ificatian Letter. PerformantrfPaymeaY }Snnds: Scperato pzcformunce and payment bonds, cach to cnvcr shc [atal va}ue of rhis convacS may be requircd in rhe consact includes lahor and exceeds SI0,000. Tne specificadoa or-RFP will ou[line what is specifically required for d�is projecc. If yoar offer is accep[ed, you will bc srnt bond in'Farsnation inr rhis conzract aniy the language in our hond �rms is acccptnble. The complesea bonas, wid� bom con[iactor and surecy signa[uies� wuntet5igne� anfl nouvized and ihe naiRCS aad adclresscs of eansaceor and surery, muss bc rcnirncd to the Division of Convna and AnnIysis Srrvices, 280 Ciry F3alVCaurt Housr., Srilm Pnul 55302 within 30 working days oFreceipc o£tl�e Vendor Motifica�ion Lettu. Fin�nci�l Tnter.vtt AfEdav:c 1} Signaturc an this form indita[as eompliance wii>> tbe Yollowi➢E: �1inAC5otR 5��+.itt Sec2ion 383A.207 No YLamsey Counrv o£Ficlal or th� oC[ieial's QeDU�y. clerk or amploycc and no commissioner Ior [as-forfeiced fands or thc commis5ivncr'S assi5tanu may l�ave a oersonal financiai interest (1) ua a contract, werk, la6or, or business to which thc Covnry is a psrry or in whici� i2 is or may bc inureseed, 2) or in the fumishing an articie ro, or ihe purchasc or salc of &ny reul or personal propexry by thc counry, or of Which che consideratioq pricc, or cxpensc is payablc from the counry stasury. A violaiion of ihis sacaan is a gross misdemeanor, 3) Sainz Paul Adminismativc Code, Chep�er 24.D3. Subdivision 2—Bxcepz as permittcd by law, no ciry official or employaa shail ba a pa[ry co or l�ave a direci financiai intcroSi in any Sate, lease, or contrac[ with �ht Ciry. award Requimments: Rrsponses musc remain oprn and sabject m a�ccpsance umil an �ward is finnlizcd, or a min;m�m of 60 day; foliowing chc date of Ne opening. A�+�rds wilt 6e madc ro thc lawcat ecsponsibie bidder or die mox re; ponsivc propo3al quoting in aetordance with the spLeiFiea�ions. The Ciiy md Ramscy Counly re°trve the right co reject any or ali offcrs or portions [haceof. 12esponse 12equiremc�ec: F�iiure m rnspond wirh required documencation wizhin Ip woxkinp days may res�[t in the award �oin� co the nexc ]owest responsible biddcr/proposa mxting specifications. T3x REquirements: Minncsota S[sm[cs, I990, Seccion Z47A.25, amrndcd 19992, requice locat governmenss [o pay Sales tax on many purchasts, up w a m�imum of 6.5% Materials uscd in cansiruction projects aze also taxable, and tht Iots1 oid price slull includa all applicabie Sales ta:c, Audit Rec�uiremencs: Pursuant to Chapccr 6.Si1 oC the Minnesotz Stacums, chc successfu] biddcr or proposer agrces co maintain nll books, documcns, p3pe[5, aceoon[ �'ecorCc, anG o[hd: avf�anecs (whecher in w[ieing o: eiectronic form) pertaining r.o work pccFarcned under n Sninc Pau1 or Raenaey Counry Agr.emen! in svch a manncr as will icadily confontl w she eerms af ihe A�recmrnt �nd to ma'em sLLCh macetiai availab(c ac ics offiez ai nll reasonable rimes during ;hc Agjccmenc and thcrcafrzr up so six (6) ycsrs for audic or inspaccion by che C+ry, Co�ry, dia Legislative Auditer or $sace Audivoc Received 05-02-03 12:Olam From-6514861374 Ta-l�ORE COSTELLO HART Pa¢e 02 0� -`1S'} aTTAC�MEr�� B� A-234$3-3 "NOR-PAC ROAD PROPERTY" Recaived U5-02-03 12:�1am From-6514881374 Ta-MOORE COSTELLO HART Paae U7 MAY-02-2003 11:19AM FROM-TWIN CITIES WRECKER SALES 651 488 137A T2eturn copy tn: (ja°) � l�.bJ \ �`��...� e. -' ��O _ Rea3 Estate Divisfon � a ' O° � 140 CiEyHall 0 R l G 1 NA L RESOLUTION /j n �C,�ITY OF SAINT PAUL� MINNES07'A Presented By Re£erred To BE IT R�SO�VED, thac, upon t}ze perition of che City of Saint Paul. as documenied �n Reai Escu�.. Division File Number 2002-22, public propenies hereinaftez descrioed ars hereby v2cated and discontinued as public propemr- . 1 2 3 4 5 6 7 8 4 10 11 i2 13 1� 15 16 I7 18 19 20 21 22 '�j ?4 ?5 26 ?� zs ?9 30 31 32 33 34 35 3b 37 3S 39 The pzoperry to be vacated is �scribed as iollows: See A ttacherl Ma� & Descrzptiott (E�thiUit "A") r This vacarion shalI be subject to thc tcrms and condition of Chapcer 130, eodified March 1, 198 J., of ehe Saint Paut I.ea slative Code as amended, and to the Poliowino condzL'aons: 1. That a pez ci�hc of way easement sha1J be recained on, over, under and across the SouchwesterJy sixy feet of rhe vacated azea and a11 oF vacated Maryland Avenue withzn the vacated arca, on be�aIf of thc City of Saint Paul. L�eparcmen[ of Public Works reserving the right of the CSry to maintain and opetate in or upon said easemcnt and to cntcr upon said cascment or any por�ion thereoi et any rime and irom time co time, for rhe purposes of future col�stnnc�ion, zeconstruccaan. inspectina, maintaining or tepeirin� the same or any part thereoi. Any deveIopment or use of ihe propeny by rhe petirioner, where said easement exists, sha2I be subject to thc followin� conditions: -- a. No buiIdings, scractures, trees or any zemporaxy structure, material storage, fixture, or any orher objects that will prohibit normal access Co utiIiry facilities for maintenanee purposes will be pernuttad withzn che easemenc are� b. improvements in or upon the above described easement ehat do noc prohibit the Ciry from exercising iu reserved ziehts may be allowed by oUtainin; written permission from the Depanmen[ o� Public Works with the understanding that [he restoration and costs of such improvements shall be the sole responsibilicy of the petitioner, its successors aztd assi�ns in the euenti ihe Ciry exercises its rescrvcd easement rights. c_ � T-081 P.008/016 F-219 �;ounicyl l�tle � L}� � � Cxreen Sheet # I�_� � � � Q� •�S� Commiftee: Date No chanQe frorn, the exis�ing a ade wichin the easement area wiIl be permirted without w±icten perznission from che L7eparment oi Pubtic Works. No chanoe in surfaCing within the easement area will bc permittcd wi�houc wiitten pe:mission fram the DeDartrr.ent of Puhlic Works. 2. That. an Ueha1F of che Beard of Wazer Comrnissioners oF the Ciry of Saint Paul, a perm3nent easemenc shal! be rec ained on, over, under and across �he vaca�ed prop°ny as descr.bed in Ramsey Counry, Minnesota DocumenL Numbered 3070710, to res;,rve llze �ghc of the Bozrd to accesa, maintain and opera[e any wa[er faciliry-in, on, upon or around said easement, and to enter Received 05-�2-03 12:Olpm From-6514881374 To-�ORE COSTELLO HART PaQa OB !MY-02-2�08 11:20AM FROM-TWIN CITIES WRECKER SALES 651 A88 187A 7-�81 P.009/U16 F-219 1 U �� 'S�i&�' �, �3 �5b ? u o a � cnt or any portion thereof ac any timc, and from time to �ime for the purposes of 3 future cons�rucciorr, recons[ruction, inspection, maintenance or repair of rhe same or any part 4 �hereof. Any development or use of the properiy by the petitioner, where said easement ezisu, � 5 shall be subject to the iollowing restricrions: oA ��j fi � a. No buildinQs, suuccures, trees or any temporary struc�ure, material s�ora�e, fixture, or other object that may prohibit normal access to water faeilities for maintenance puzposes will be permitted within the easemeat area. b. Wi�h written permission from �he Sainc Paul Re�ional Wacer Services, improvemenrs in or u�on the above described easemem that do no� prohibit or limit the full and free exezcise by ttie Saint Pau] Regional Water Services of its reserved rights zzzay be allowed. �vith the andersttndino that Che restoration and costs of such improvements, shouid the 'Wa[er Services exercise its easement righes, shall be the sole responsibility of the Fee owner, its successors and assi�s. a Should it be necessary that the petiCioner's works or improvetnen�s be removed, os should �he said �vorks or improvemenu be damajed as a result of [he Saint Paul Regional Water Services' operaaons, aIl removal, repiacemenz or modificarion cosLS shali be borne solely by the peUtioner. d. No chanae irom ihe exiscing grade within the easement shaIl be permitted without written pemzission from thc Sainz Paul Rcjianal Wascr Scrviccs. e_ No char.ge in surfac'anQ within the easemenc area shall Be pemuzLed withouT written permission fzum tbe Saint PauI Reo onal Water Seruires. � The peririoner, its successors and assiQns shall fu11y indemnify, defend and save hamlless the Board oI Water Commissionezs of the Cicy of Sainc paul, its o�FFcen, agenu, employees, and servants from all saics, acrions or claims that shall arise from any injuries or damages received or sustained by any break in any service pipe, waTer main, or conneccion in said reserved easement, arising ou� of or resulting from any action or neg!igcnce of �he pecicioner, its employees, agentis or busincss invicccs. That the Ciry of Saint Paut may dispose of the vacated properry in accordance with Admin. Co�e Cfiap. 51, provided tha� the said disposiczoa, zf awarded, shall be subject �o the Pollowing condiEians which shall be sec £orch ei[her in the deed or by separate asreement to be filed of record in the office of �he Ramscy Caunty Recorder as determined by stafi: a. The City of S�in� Paui may acquise, for park puxposes, che subject parcel wichin five '`� years of the effecsive comp(iance date of this resolurion if, in the judQment of the City, the subjccc parccl or any pan of ic is needed fflr park purposes. - b. In the event che City determines tha� the subjec� parcei or any par� of it is needed far park purposes. rhe said land may be acquired by the City in a snm equal �o the purchase price, plus E'ive (S) Dercent per year compounded, for ehe whole parcet or as adjusced on a square fovt basis far any porion of �hc pm-cc1 icss than chc whoie parcel. Received 05-02-03 12:01am From-651A881374 To-lAOORE COSTELLO HART PaQe a9 �AY-�2-20�8 11:20AM FROM-TWIN CITIES VlRECKER SALES 651 A88 187A T-081 P.O10/016 F-219 I ,. o�-s� 3.4_ 'I'hac �he pe�icioncrs, [heir succcssors and assia s a�rcc Co indcmnify, defend and savc harmless - 3 che Cicy of Saint Paul, its o�cers and employees from ail suits, actions or claims of any character 7 4 brou�h� as a result of injuries or damages received or sus�ained by any person, persons or �S 5 properry on' accpunt of tilis vacntion or pedtioners' use of chis property, including bu[ not l'amited�� ( to, a clairra broegnc because of any act of omission, neg]ect, or misconducs of said petitioners or 7 because of any claims or liabiliry arising from any violation of any law or rewlarion made in 8 accordance with the ]nw, whe[her by the peti�ioners or any of cheir agents or employees. 9 - 10 5. That Yhe petitianers, cheir successozs and assi� s shall, within 60 days of the efFeetive dace of this Z I resolu[ion, Ti]e wiztt Lhe City Clerk an acccp�ance in writin� of [he condi�ions of this resoluuon 1? and shall, wirhin �he pen.'od(s) specified in the �erms and eondizions of this resolucian, comply in I3 all respecu wirh these ce:ms and conditioas. . .. 14 15 � 16 17 18 19 � Adop�ed by Council: Aate '��___ �_� an� 3 Adap�ion C°r� fied by Council Secrerry By: � a — �PPrnved y `�[ayor: Dac� By: �i�il� ,l� ' Reqeested by Depamnent of_ Technolo�v & Manasement Services BY= Director Form Approved by C�ry Anorney B ,� C,�C��_ Z�rz� � � Sy Mayor for Submission co Caunci; Received 05-02-�3 12:Olpm From-651dB8137d To-Id00RE COSTELL� HART PaQe 1� MAY-02-2009 11:21AM FROM-TWIN CITIES WRECKER SALES _.��— � 651 A88 127A 1 35 0 LORIENT �� r \� /=-- - 1 � �\ � _ � � � � i •' � • . '•." ' _____________________' ________ ___... � -� Ai; � ';, • J � ••µL V ,,,�.vNI T-081 P 011/016 F-219 b� •NS�' ._}� --• a --. : ..,,,< �------ _ ., -- - •---'� �.•:r- ,\ r . �, ; � � �--�. K• / � ,: , :-:::_ : � .. .r�� ------- I I � � / x �p�/ ."""""' ��/ F__...._. � f�' ., . � , -_"' - • . �.r ;• �, �.��r'' _ j ---'- - , . � ( : ' ' } �_ '"'""""'.._ir� """'" """ `1 ....�.... :h, i '/ '11 �� t ' i -....� �_._-"'i F_' F = �_____..t . _�__�_I �_� F _� � ... I F � F -__-_-- ' Y .. � �.. ;� __ _ i _ _- ` :_�..l�r+i� .! ..F� 'l �T -' _'__""" `_______ 4"'_ � .��--------� _------ , ---- - _" 4.. �'""."i �_" , i �._I ........a..._ t � r "" r � _" � �`, _i ( ��,�`,'�� F - �y-'� L------°-i .-""-.Y` , /; , �, �� ; � ----�- � � d � , �� i: r- -----------------------------------� . . , .., , . -_ -- --- - /--------- - --- � .` �,._2 � i � 1 ; �. :> �., 9 . / 'I � __, ::� � � „ F? i ' t' � - ;z � Recaived �5-02-�3 12:Olam Fram-6514881374 r � �/ � ^� , ( l I I ------ �� ,� ` � I � � �.� ,,�''` � i , � -------- .�' � '' I I �� ---- ---- ..X'. � i I -- � / II; V/D/�tll ii � a � _. _ ., .�_--_ _ � — " --____= � � �--=--=-- ------- , ______ _ ______ -----�- �'::____: �::____ . -- -- ._:____ �' D -__-, --- --_:.=' -_=___-- - � =:� - ---'�'--'°- " -- t b•--'-"{ --" ---'- ----••{ � � "'� , .� ---"- , � . "'_'_"� --"'- � � � , . � _� - -- - . . �� -----.- --- ' � ' ---� (� ' ''� ' ' ' ' --- - I,-�- ; ; :. : � r �. �--�� , ;.. � , �----� 5 --i �------- ---�--� �------- i-- �-------�� . f', '��r�--!��--- � ,-----�� , I�� m----�I--I -- ..,---i� � I�_-"�-"--"--"=:;"'.�'r ' �I ''------- :---�- i�� _ ,� � , �------- ; �� , � �� ,,` � .�� 9 F------ �I i � , .--- :i ------ � (i�.� � r --�� !� �.�� I�. --- r------ r--- To-�700RE COSTELLO HART Paae 11 F-219 a� ��. Those portions of Lots Z7, 28 and 29 af the J.W. Bass 6arden Lotz Jldditio� to the City of St. Paui� Hinnesotk, and that portian of racated E. Mdry]and A�enue, according to.thc recorded ptaC tnertof, baunded �s fali4+.s: 4ri the North by the South right-of-xay line of vacated Nyacinth A�enue, �ccordtng to the recorded ylaG iher�of; on tha Wes! bX the East riqht-of-way ��ne ot Ja�kson Streec, according t� Lhe rrcorde� plai Lhereof; on the Souzh by Lhe South line of said vacated E. Flarytand Avenue; on the Northeast by a lin� drawn fran the MorzheasL corner of Lot 21, 61ock 1, Aanzo�'s Additian to the City of St. Paul, Hinnesaza, according to the reco�ded plat th�ro-nf, to the intersection of the Morth right°o[-way l ine of said E. Haryland Avenuc Ni th the RortheasL righC-ef-�+ay line o� the hereinaftar descriatd Nor Pac Road; �lsa on the Northeast 6r a line dra„n para11e1 with and distant �0.0 tee[ Northeasterl,� af� as measured radially to, che centerline of Che road easrment granteG to Lhe City af St. Paul date� Octaber t3 1954, for a publit sQrvice raad, connecting said Jacicson Street and ssid E. Maryland Avenur, 4crao�at ai `ilor Pae Read'; end on e�e Soucho.�sL by a l�ne dra�-n pardlleY r.ieh �nd dix;ar�t 54.0 feet liorthv�sYar2y o{ �s m�asured ac righc�angles to, Soo �9ne's (forzaerly Minneapolis, S[. Paul and Sault 5te. Marie Aailroad Canpany's) Hain Tratk c�nterline, as now lacated and cans[ructed_ ' LpNO QESGR1P710NS AAE 7AKEN FROht EXH16l7'd"� OOC. NO. 2S35716 Received �5-02-03 ?2:Otpm From-fi514881374 To-I�ORE CO57ELL0 HART PaQe 12 21AM fRONrTWIN CITIES WRECKER SAL&5 I S 53 34 u d.s t_.�.�..�..� a- .�.� f � • " - wrJ6yM n40n�[ I '• O a = � �.•._ � � — _, '� m �ges� . ' - j � ��'^ �:f,_� �G� M � �a� '�h tl4� ',�.,': \\N i11 �'�� A .,�^`,.. y 1\ �� ' g� R� g�..,., , '- �" � m. c,:'� � c W S �_ `� ' q '°'%g ° �� R 2 n '".�� v �� rn'- • m. I Nm:�� ', • r, Ow" ;'.ryR .�i � � m� �� g i p'g � � R° -;�`` � � �;; ;� n � ; '� w' ee. :j�L q � g ' 1»�r. _�+' I ` �+�f G a4�., ' „ ��. y �� i S e, G�' s"` :;" L�t ^`^�'.' l _ N I N I , sz6[i� ;^,� , ., � �p� � ti��'?a''n,.i:r:,' i � :.-.;�? _. . � i �n S_, '�..4 ,�� '`� >:��' ``;�: , I �i �� - -_e�. ( �; I �F 9 - rv ` = �;`�t, � � �Q� � �� : � 1 " ; � � -�-' - � , s� � � I � � I `� � � . I _ ... � � .' .. � � � i ( � \ :.; t \ � 651 b88 1274 T-U81 P.013/�16 F-219 _`......�. riiiit-mere=.di�^�_,Y.__ _ :y � . y .� 6�c� ;e.� ` `s'� , `i� r ��`� �. � � . �� ;:° m.'= ' ;, ' ��- • �..:�a�"�,�.� Y' i, :;,;: ;; ;<, � .: ,:. � ., �, . �. �'r`��^�.�:��,'i '� ..f��i y ��';:,Rg '..�. ;. 4° l4'i:�"l.'r'r. . „Yi"..n: . b� . � d� : .o Z a�r�; 'a��' ::� ��'�, u� :.�' I � -., � � � O� SC mMR4� a 3[C�'?' e9 {,LR P.X! J J NC4IH (W[ O� MC Q11AlER �� scnm.�q r.ln, xs S � ::4 .. _ t; -:z r�- --i y� . �y�R � SWM�MLNC4� _ — ',�:. . _ _ � g YwG T uaPM1IMP qYE. a. "- f_: �i�. ��{..� �= _ 1�� l :., I, I a- _�� :,:- � :-� : � m��.:� 1��9'�� — � " ( �� _ �'� j � _� _ ��g (�� ... ,; �� _�.- _ . i � � r -- ---� � � �_�.�.� . �, � � 4�= L- � � _ � _. �?� � – � � �— � - ,s�� e :, � � � . _ I I— — --I \ . ':- �.�s = � � �� . I � � . , . �2 ra.�nv.e ar anoc.na Lu1RUA AiEM�[ P(R (na�ul A _ , � �— = � - -�o��.,,�,.. i ..........� �a :'.k:� Q .� _�isa j lwF Q �=w+c•�m .�C. � .� � � 2 F�-� � o�� o=x :.: - a 4 a I � :,� � �.::,_: � :�: ---s: � — �� — .,— , i � � ----- < < Received 05-02-�3 12:Olam From-6514881374 To-lAODRE COSTELLO HART Paae 13 I 35 T-081 P.014/016 F-219 7i o� ��t5a' � � LORIENT � � �-�- -, �' _�. � ..: . .• ____._._.-_'__.._'__._______'.__________ �.�'i__ _________________________________________________�. 1 . ` ;'_ __. i / ,r�. ��' .. _ �\ - �_�� , �- �:. r - :_: � g �: � . � r ----- r ..! -'"" �""'__' _ �\ ____ _ } ___ �_.____i r F ' �_.____ � _ _ _ _ _.'�' �I'•--_-_-_- ____•_-_'__• .i�.___� I �r._i�� ul��u��"�C�L'Ti � \ � '-^ "-�'� � - —_'- ' "" `:-"" � 'I' .._"""""" "__"_'_"""'.,._..-""__'_ _ _ �� _ , , �.._.__� -. ..�'"�. F _"'"" � , , / � I � � i � � ___.."----- .t`_�: � � , I j ,� , =f rr •T �? . __ ___. �.::::__; � J �.rW�' I ��____� � y . � I t � ' • #f,`, �� y �n� Y'a I� __ i . ____ . _ � �� " , , / , ' "' •_�''T'"'__'""""'_"'_ __""""""__ ��re.�,,`�/._' __'_"'__"'.. .._____"'____ _ '___'.,.. .. ", - ' _ . ;. j ----------•----------------�----------------1 ..r-�-r- ,. : �,, / QQ G N Receivad �5-02-03 12:Otam '_ '� i = � .� - Prom-6514881374 �� ______�� __:_� =__.__- s ------- ...--- I� ' ��----- -----_ d ; ------ ,r---��— ( Q � h ------ T�------- � ! �~ I .------ � f ; F' ----- � � � � ; ,.'--__, 4 --"'--� II � � �------- � I � � -'-- i r: i - "---� � I-----� i�- To-�ORE COSTELLO HART Paee 14 ?� i Y i ________f_ . ' ---- " •`-' r F -- �_ . ....__,.I. • y • Y -- /�� - f�/ f�� 1 ,:�� / -� .II: I, r� I I� il- � Those portions of lots Z7, 28 and 29 of tne J.N, Bass �ar�en Lots to the tity oi St. PauJ, Hinn�scta, and that portton ef vacated E. Arenue, acc4r�ing to.the recorded plat ihereof, bounded zs fallows: o� .ys� Additio� Mary) ar+d Ori the Horth by Lhe South riqht-of-way Iine of vaCated Hy3ctnth Avenue, accorGinq to the retorded piat ther�of; on the liesi by the East riqht-of-way line of Jackson.Street, accerding ta tho rrcordes p)ai thereof; on the South by the South iine of 5aid vatated E. Marytand Arenua; on the Hartheast by a line dra+�m fron the Northeast corner ot Lot 21, EtQCk 1, Qansor+�'s Additien to the CSty af SL. Paul, Minn�sota, according to the recorGed plat there�of, to tha inter5ection of che xorth right-of-aay 19ne of saiQ E. Hary�and Avenue xith the Northeast right—of—�+ay line o' the herelnafter descriQed �tor Pac Aoad; also on the Northeasi Dy a line drawn parallel Hith and distant 50.0 feet Northsasterly of, as measured redially to, Che centerllne of tha rnad eescmenC gran:ed to [he CiCy of St. Paul date� Occober 13, t950, for a public seryice roaQ, connecting said Jacscson Street and itid E. Maryland Avenue, 4novt as "Nor Pac Aoad`; dnd on t'�e Souchwest by a line drawn parallel with and distant 54.4 f�et Northeasterty of, �s measured a� right'anglas to, Soo Line`s {formerly Minneapolis, St. Pau] and SauJt SLe. Harie Railroed Company's) Main 7rack centerline, as now located and constructed. LANO DESCAlP710NS AR£ TAKEH FAOI,d EXN98B1° "A", pOC. tvp. 2�35716 6 Received 05-02-03 12:Olam From-6514881374 To-MOORE COSTELLO HART PaQe 15 3 11:23AM FROM-TWIN CITIES WRECKER SALES 651 488 187A T-081 P.016/016 F-219 . ( S 8938"Z3" E ..so+n.elre,..rrru . - ...... __, - .. � f:?;:; • - .. c 53.3a � MUGYjH��[�y[ — li RTL9'Rt]J : P ' ".-,. � . aF'Pa, �.., -� � — _. .� �. � _ , _;— O' - �4 ��l� A �� 4� � J �� r: �� - , �10 �Q N x?� � . r" ,:�; y n � a AN � . q m w 'c.. w f � ;; � � �° � r 'es �,. • i . R 2 n • O � � ' ,�- •'� � � pN'; ''-�' \4 � NO.:•� ��;'�. � \ . I ( a6'i 1 .• -R •� , " � g ; mq ��1' .;�g�. � . i.n -sr r ; � � i �� ,.. „h ; m P Ci -+�N I .. �...:` �' = � [ � _. N�Y � [, = S t'R:r �rn.P.�., ;`. �". ?, v�+C . � ' � r c�^'��.1 , ".` � — _ _ _ — , __ � : ' : - �;=r• ._., ; U '� +. "•' ,1; \ `.)i.; �. I � � `�' - _ .�� " ^� `:,a.: � I � Z ' . � �, - -_ _ :: r X . � 1y - � -..a 'r. � " " .1;`r�, " ;L•� G .' • � ��" '`i .., ;'-%'.• , '�°''b . ... ?.�,7... �� .:: ai �, ls� I .-4'.�,�,. .: 'y � rt `..,:,,;:�:_:'�'; `:�: _ �`'�`y- ' "� I .� n • I , ,`-- �� ;;: C � I � , ` �,. ! �G3. -' �'` , J ., a ... � � ''� �'�-,:C,� �:::i.-'�L.sg . � - '':,, •-\ _ '; i, 6 ` �o' — � , � — � : m� `";�-� �.� �°�' , - ! _ '�'''�$' ,. r, : , r ' • 'r :' . , a . ,;. 1 ,, • ••i � h � -l':•) 'nZ ��{ ::f 2 -'T..y � J " . "��,� _�.., . I � �dW _�� \ ±,� �� „�� ,�� -:�� - � .�-'' �� . � - ., RV M 4VC lY Y LVAYQi �" h.::...i `::v :�.:f SGIIU t9.Lj9, fl.22 - 1 �hrGG<G^rcCO+.w�� •� � gCRW S4 (3D, Rl] � � '_ � � � sauixa/�v�sctr_ -_ uc rwsr w.yvywc �K? I c2 � � � ' t� �. >-: � \ "" � � � �� ( ` ' •': pA � _ I �� "� \ = a � I . 1� 5 �� ,� � � ` � - � - . I � er � i � -- \ • I �: � . � - 3'L.�. "w/N q/r tw£ a' ��WG (n 5I u�rttMO AtT. ,.= � :!'"��\1 Ci1�� tfe:_e�C �. �._... � 'l. ^��.J"��` h— �' ..T08'O R l ' 1 :`� F- y,• � ` � � � _� �" ��• :i: �M � . � ` � �•_ . l y f y 1--- — —1 � _ . � - , �a� � � �!� _ _ � _ _ '.. Q — �w�m.nus rs�nrnuw v anaca�m � I � � _ ` uaannMOwv£rwE.{.<ZYeiYr�, \ B(Y' .v0. !1' JwN. t i I � _ � � � Received 05-OZ-03 12:�1pm From-651d88137d To-lAOORE C�STELLO HART Pa¢e 16 6 � ��45"Y BUSINESS LEASE THIS INDENTYJRE, made this 1 st day of February , 2001 by and between REP, LLC Hereinafter designated and referred to as lessor, and -Rich�rd and 7ean �Ila,� hereinafter designated and referred to as tenant. � Re: Nor Pac Road pez our verbal ageement o� 6-1 98 lessor wi11 continue ta lease with tenarrt which • was previously in place w;th Burlino on IVorthem RIL. wirh property inside £ence and on east sidc of I+1arPac Rd. owned by lessor per survey by B W I� Inc. dated 7-22-91. Tenant has firs[ right ofrefusat on parcel I& Z, scquence # 3�25 pmgerty on west side of fence on NorPac R�.to west property line up 20 25 8 from center line of C.P_ Rail. Thi ,, will be�e�sed for ��Per oosrtNc Tmm ��r��Fn�a� 1 AOOA. ��- � �n�c � ,� g r � �;.��. '?o .ljc �dJo.4�hk�P+u Tenaat wiil hold harmless lessor £or habilaty and pollution. '.t'he said tenant also covenarrts and agrcca with the lessor ss follows: that he will make no alterations io os additions t0 said prEmises, and t3iat he will not use or pccmit anyd�in$ upon said premises that will increase the rate ofinsurance, or a�xythingrhasmay be dangcrous to tifc or limb. �� Tena�,t will pxovide REF, LLC with certificate o£insurance naming 3tFF, I.LC and Frsnk M. Frattalone ps additional9nsured. 7,'enant has the ri�k1t to release praperty. �,r�..�� _.� ��.��- --- r��F, LT.0 — Fr NL. Frattalone lticktard �1]eiu(Tenant) (Lessor) GLPy�J1�� 7e � Ie�Tenant) STATE OF MN COUNTY OF The foregoing zn.strument was acknowledged before me this aZ�'f� day of ,,,, 2001, by Frank M. Fratta]one, owner of F -� �� ]�� Notary Pubiic �r �c ��-.r�i�<��,- . �� i 1� �� ..��.,, ti � _+�.-..^i. 's ► 1 � l 1�: �i h � � • . 4 • { 1� 1 ��::::r- � �v,. � . :.� < 1�'� [ 1 ,�.:.. ` � 1 ll ll!/ ll.11llJ�'J/.11//✓1Jt Received U5-U7-03 04:�6am From-6514881374 To-1AOORE COSTELLO HART Pa¢e 02