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03-51- Retu7m copy to: (BJE) Real'Fstate Division 140 City Hall Council �le # p 3� S � Green Sheet # 203967 RESOLUTION Presented By Referred To PAUL, MINNESOTA Date 2t3 1 WHEREAS, the City of Saint Paul, acting thmugh its Valuation & Assessments Engineer, has secured an 2 agreement for the purchase of real property described as: Lots 10, II and 14, Block 11, Stinson's Addition to 3 the Ciry of Saint Paul, Minnesota; and 4 5 WHEREAS, the acquisition of this property is necessary for stormwater ponding construcUon for the project 6 enfiUed Phalen Boulevard Phase I: Mississippi Street to Payne Avenue; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS on February 6, 2002 the Saint Paul City Council approved CF #02-ll 0 authorizing the acquisi6on of this property; and WHEREAS, the purchase price of the property is Thirry-Three Thousand Five-Hundred Dollazs ($33,500.00), this being a fair and reasonable amount based on the appraised value of the property; and WHEREAS, the cost of relocafing personal property from said properry has been calculated at One Thousand Five-HundredDollars ($1,500.00); and WHEREAS, the Valuation & Assessments Engineer has recommended the purchase of the property at the appraised value, subject to the terms and condifions agreed upon between the fee owner and the City of Saint Paul, as specified in the attached Agreement (Fzhibit "A"); and WHEREAS it has become necessary to acquire the properiy by "friendly" Quick Take condemnation in order to cleaz title issues; now, therefore be it RFSOLVED, that the Saint Paul City Council authorizes and directs the proper City officials to execute the attached Agreement Requested by Department of: Technoloev & Manaeement Services � �...:�� �i� _• . � ' � Form Approved by City Attomey AdoptedbyCouncil: Date o,,,..�a aoo� By: �,�i�, �� U/� a�.s� AGREEMENT NO. DATE: BUYER: CITY OF SAINT PAUL REAL ESTATE DIVISION 15 W. KELLOGG BLVD SAINT PAUL. MINNESOTA 55102 SELLER: ANGELO MANCINI III 2205 CO. ROAD H2 MOiINDS VIEW. NIINNESOTA 55112-4745 EXHIBIT "A" CIT'Y OF SAINT PAUL AGREEMENT This Agreement is made this day of , 2003, by and between the CTTY OF SA.INT PAUL, a Minnesota municipal corporation, ("Buyer") and ANGELO MANCINI III ("Seller"). Buyer and Seller agree as follows: l. Property Location and Descripfion. Buyer seeks to acquire Seller's properry located at Clark Street near Bush Avenue in Saint Paul, Minnesota, 55101. The property is legally described as: Lots 10, 11 and 14, Block i l, Stinson's 2. Purpose of Acquisition. Acquisition of Project designated as State ProjecdState 1189. Construction of a required stormw property inaccessible. Seller's pr..qpert��s � puzpases- ,_ . Saint Paul, Minnesota ��erty is necessary far the Phalen Boulevard t'No. 164-288-02 and City Project No. 02-P- on pond for this project wouid render Seller's for roadway right of way or other construcuon 3. Method of Acquisition. Buy�i� and �Iler agree that Buyer shall acquire the propeny under its right ofEminent Domain (condem��a�n�; and that condemnation is the appropriate method of addressing quatity of tiUe issues identified �iy Buyer. 4. Date of Acquisition. Buyer intends to take tiUe and possession of the property on March 24, 2003, in accordance with condemnation documents prepazed by Buyer for District Court. 5. � 7 Purchase Price. Buyer and Seller agree to a Purchase Price of $33.500.00. Real Estate T�es. Seller shall be responsible for any delinquent taxes not yet paid. Taxes payable in 2003 shall be prorated as of Buyer's possession date. Buyer shall pay all taxes payable after 2003. Assessments. Seller shall pay ali assessments levied against said property as of Buyer's possession date. Seller shall provide Buyer with proof of payment of assessments. G�ShazeA�REU2EALWPdataWcqws�ROns�Bruce�PhalenBlvd\C]arbStYroperties4ViaacivUE?A05-0S.PhaselB.C]LBtManciniAgmtfrm Page 1 of 2 03 -S� 8. Relocation of Personal Property. Seller may retain and shall remove personal propeny listed on Addendum I(attached). Buyer shall pay Seiler $1,500 for the cost of relocating ot removing the listed personal properry. This payment shall be in addition to the agreed Purchase Price. Seller also shall deliver to Buyer the property cleaz of any and all personal property, including vehicles, not listed on Addendum I. 9_ TStle and Possession. Buyer shall take titie and possession of Seiler's property effective on the 91 st day after the service upon Seller of tt�e Petition in Condemnation and Motion to Transfer Title and Possession under Minn. Stat. Section 117.042. This date, if approved by District Court in condemnauon proceedings, shall be Mazch 24, 2003. Seller agrees it will not oppose said proceedings. 10. Access to Property. In the event that Buyer commences construcuon of the stormwater retention pond prior to transfer of Seller's property to Buyer, Buyer shall guarantee and maintain roadway access to Seller's property until title and possession have been transferred. 11. Payment. Buyer shall deposit with District Court the agreed Purchase Price no later than the date of title and possession as determined by the Court. 12. Approval of Agreement. This Agreement is subject to approvai by the Saint Paul City Council. SELLER: � Angelo Mancini III BUYER: By: Date: Its: G�Shared�REU2EAL WPdata4lcquismons�Bruce�PSaleaBlvd\C1arkStPropertiu4VlancmiWE2001-0S.PhaselB.CikStManc�nvlgmtfim Page 2 of 2 03 -51 p w� �e' G � i� s'3 03 - s i � Date: 7anuary 3, 2002 Green Sheet Number: 203967 T.M.S./REAL ESTATE DIVISION :� ontaMPersonandpLumeN�ber: � EPARTD7HVTDIItECTOR 5 LTTYCOUN�. ruceEngelbrekt 266-8854 °m°� 2 "r`'TTO� "'�aK i1DGET DII2EC1'OR 3 1'GCH. & MGMT. SRVCS. DIR. as[ be on Coma7 A.genda by: ASAP �aN � aa . � YOR (OR ASiISTAN'I) 1 Real FsKa[e Dicidon OTAL # OF SIGNATIJRE PAGES 1 �c� �,L LocnTTOxs Fox sicxa�> CTION REQUESTED: pproval of an Agreement between the City of Saint Paut and the owner of property near Clark Street And Bush venae for the Ci 's ac uisition of this ro er . Ref: 1) resolution• 2) a eement and addendum• 3) ma . � coMh1ENDATIONS: APPROVE (A) OR RF,TECT (R) ggONAL SERVICE CONPRACTS MUST ANSWER THE FOLLOWII�G: . Has the person/Hrm ever worked onder a contract for this depar[m�t? YES NO , Y44NNINGCOMM7SSION SCAFF ^ . Has this perso�Srm ever been a(,5ty employee? yES NO C1VIL SERVICE COhAfISSION . Does this person/Srm possesc a skiD not normally possessed by any YES NO � cmxent City employee? CIB COMMITTLE � lain ail YES aon°wers on a se arate sheet and attacl�. UPPORTS WAICH COUNCIL OBJECTIVE? �� COUNCIL WARD(S) 6 DISTRICT PLANIVING COUNCIL ,�r � IATING PROBLEBI� ISSIJE� OPPORI'[1NITY (Whq What, When, Where, Why?): " On February 6, 2002, the City Council approved the final order for acquisition of this property (described , as Lots 10,11 and 14, Blcek 11, Sfinson's Addition to the City of Saint Paul, Minnesota}, which is needed fo ° the Phalen Boulevard project on the East Side of Saint Paul. Subsequently, an appraisal, appraisal review, offer letter and acceptance were completed in accordance with state and federal requirements. Council _ authorization of the attached agreement is now required by the Minn. Dep� of TYansportation to allow the City to secure Right of Way cerfification for this acquisition, which must be granted prior to bidding out th roadway construction work. �nal authorization to acquire the property will be granted by district court through the Quick Take condemnation process as the City and property owner have agreed to do a "friend[ " condemnation in order to clear tiUe issues. �VANTAGESIFAPPROVED: The Ci will be able to receive its Ri t Of Wa Certificate and roc ed ' tAAYe construction. A ISADVANTAGESIFAYPROVED: P NODQ. ISADVANTAGES IF NOT APPROVED: The City would not be able to acquire this property in a timely manner, thus potentially delaying ponding construction worK for the Phalen Boulevard ro'ect �� OTAL AMOi7NT OF 1'RANSACTION: �3S�OOO.00 COST/REVENUE SUDGETED (CIRCLE ONE) YES NO u�csorntcE: projectF�nds AcTIVrr���x: CPLCO2-2S143-0788-25061 INANC7AL INFORMATION: (EXPLAI� - G:VShaxed\RE�RPAL WPdata4lcquisitions�BxucelPhaleaBlvd�ClarkStProperiies\Man�imlAE2001-0SPhazeIB.(:IkStMDncmiAgmtses.GS.wpd ncqu�:tcwn Relocatinn Conworth, Inc. 4725 Excefsior Boulevard Suite 59200 Minne2polis. MN 55416 Octobcr 8, 2002 �4 LC��V L U �{!��' V 1. : '� {� I�t. :' •� 1 uJ� Rck[ rgrqjE CIVi.S10pt �AXED Addendum I Mitchell Converse Jcnsen, Beil, Conversc, & Erickson, P.A. 1500 Minncsota World Trade Ccntcr 30 li. 7"' Street St. Paul, MN 55101 SuUjcct: Phalcn Corridor Projcct Mancini Parcel D�nr Mr. Conversc: 03 -S t Phone (952)92 Fax (952)92 Toll Free 1-877-8C Comcortli, l�rc. vic«�cd ihc property occupied by Angelo Mancini lll on SeptemUer 24, 2002. nt that time lhcrc �4ere 20 rolls oC Icncing, 2 small trailcrs, 1 pickup truck, and 1 dump truck on tlle properly. Rascd on this inventory, Comvorih, Inc. would estimate relocation expenses for this displacec to hr $ l,5pp.00. This is considcrcd to bc a low cost movc. I'he brcakdown of these expenses is as foliows (to move): Pcncing: $600.00 f raifcrs: $30QOU Pickup'l'ruck: $200.00 llump'fruck: b�00.00 I'.a�licr. 1�1r. Mancini statcd th,�t hc had additional itcros on thc sitc. I hcsc incl�idcd 5 addition:�{ �lum�� Iruchs. 4 traiicrs. I��u ullicc. I loadcr. 1 hohcal, tind pilcs of hlack direct and cl�jss S. C'umcorih. Inr. did not ur thrsc itrms on-sitc. Thcrof<�rc. it is ctillicu{t tc, ca{cu{atc a cosV to movc t h� m. n�flliISITI�IN ANI� RFI (ICATICIN Mitchell Converse October 8, 2002 Page 2 This is Conworth, Inc.'s estimatc oCcosts for this relocation. Please give me a call with any questions. Sin e ely, / /�. v� kcn Fldv�'y Rclocation onsultantfO�cner S� cc: Brucc Lngelbrckt CONWORTH, INC. o�•s� __.� .. , __._ . _ ..._ ___�_, w � Nancy Anderson Re: Resolution for 1/15 Council agenda ����� � � � � � Page 1� O? •S � From: Nancy Mderson To: Engelbrekt, Bruce Date: 1 /9/03 1:35PM Subject: Re: Resolution for 1/15 Council agenda Ok — will wait for your instructions. »> Bruce Engelbrekt 01/09/03 01:34PM »> I don't know yet. I called Paul St. Martin in PW to ask about urgency. He needs to check and get back to me. I'll let you know as soon as I hear. He's leaning toward letting it go onto the 22nd agenda. »> Nancy Anderson 01/09/03 01:10PM »> Do you want it handled that way or just routed routinely. If so, I will be on the look out for the GS then, when it comes over from the Mayor's O�ce. »> Bruce Engelbrekt 01/09/03 01:06PM »> OK. Thanks. »> NancyAnderson 01/09/03 01:03PM »> Bruce, If you wish to have Dan Bostrom to bring the resolution in under suspension, you should probably take it to him and speak to him directly, so if he has any questions, you can respond. »> Bruce Engelbrekt 01/09/03 1231 PM »> Thanks, Nancy. I'll let you know (and the appropriate council member, which I assume is Dan Bostrom) if we need it done under suspension on the 15th. »> NancyAnderson 01/09/03 12:04PM »> Hi Bruce: The Council Agenda is finished for January 15th; also, we have not even received, as of this time, Green Sheet 203967 from the Mayor's Office. If you need to get it approved, I would suggest that it be brought in "Under Suspension" at the Council Meeting on the 15th. Nancy »> Bruce Engelbrekt 01/09/03 11:50AM »> Hi Nancy, The GST says that a particular resoiution I'm tracking is enroute today from the Mayor's O�ce to Council. 1 gave it to them two days ago and they said they could get it signed and out later that day or by yesterday at the latest. Oh well. I need it to get on the 1/15 council agenda if at all possible. Can you still do that? Should I track down a council member's signature? The resolution is labeled GS #203967. IYs to approve an agreement between the City and the owner (Angelo Mancini) of property near Clark Street and Bush Avenue for the Phalen Blvd project. Please let me know if this item can still get in under the wire. Thanks! Bruce