242244 ORI6IN/1,�„TO CITY CLHRK 2 )`�`���
CITY OF ST. PAUL FOENCIL N�,.
. OFFICE OF THE CITY CLERK
'' �'' , , C�. RESOLUTION-GENERAL FORM
, �
PRESENTED BY :��''
COMMISSIONE " ""'� DATF
y
1 '
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RESOLVED, By the Gouncil of the City of Saint Paul, that
the proper City officers are hereby authorized and directed
to execute, on behalf of the City of Saint Paul, agreement
between Roy T. Spannaus an.d the City, which agreement gives
the City an option for a period of four (4) years to purchase
a portion of his land described as follows:
That part of Lots 28 and 29, Block 3,
Harrison & Handy' s Addition to the Gity
of St. Paul, and the alley vacated and
adjoining said Lot 29 lying southeasterly
. of a straight line extending from the
point of intersection of the northerly
line of Montana Avenue with the extended
southeasterly line of Block 5 of said
addition, to the southeast corner of Lot
l, Block 3, Harrison & Handy' s Addition
to the City of St. Paul;
a copy of which agreement being attached hereto.
FORf APPROVED
orporation se
F E g I 8 1969
COUNCILMEN Adopted by the Council 19—
Yeas Nays ��R � � �96t�
Carlson
Dalglish proved 19�_
Meredith Tn Favor
Peterson �
Sprafka � Mayor
A gainst
Tedesco
Mr. President, Byrne PUBLISHE� FEB 21. 1���
O
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24,��
� 44
� �1GR�I',�tr�T�r
TII7S AG1tEE�[LN'P, made atid enterecl iiito tliis day of
, 1_969 , by ancl betj�reen the parties hereto.
WITNESSE�I'II:
h'�IrR�AS, Roy T. Spani�aus , hereinafter referred to as
"Owner" , has petitioned the City of Saint Paul to vacate a
portion of rlontana Avenue; ancl �
WHEREAS, The City .of Saint Patil , a muni.cipal corporatioil
of the State of Minnesota, hereinafter rei'erred to as "City" ,
at a public hearin� held December 19, 1968, did favorably .
consider the vacation of Montana Avenue an.d has made the said
vacatioiz conclitioned upon the Owner agreeing to con�Tey to the
City a portion of land at a sum agreecl upon by and between the
parties ;
NOj�, THEREFOFtE, For the consideration and covenai�ts �
containecl hereinafter, the parties do mutually agree as folloi�rs :
1. In consideration of the City vacating a portion of
Montana Avenue from the east line o� Edgertori Street to the
southeasterly line of Block 5, Harrison 8; Handy' s Additionito
the City of St. Paul, extended northeasterly across i�iontana -
Avenlie, the O��nler does hereby agree to sell and convey to •trie
� City, by warranty cleed approvect as to form by the City' s
Corporation Counsel , for the SL11I1 of Two Thousand Seven Hunclred
Dol.lars (�2, 700. 00) , t}ie fol.lo�tilin� describecl real estate :
That . par� of Lots 28 aiid 29, Blocl: 3, Harrison
& FIancly' s Adclition to the City of St . Paul , and
the alley vacated and adjoinin� said Lot 29
� lying southeasterly of a straiblit lirie e:�tend-- �
ing froui t�ie point of intersection o� tlie .
northerly line of �Ion�ana Avenue ���itli the .
exterided southeasteily line of Block � of said
acldition, to t�ie sout�ieast cornex� of Lo1� l ,
Blocl: 3, �Iarrison & Handy' s Addition to the
City of St . P1L11 �
� M � !
� 2. It is rui•�;hcr abrced l�y aiicl betwecii tlic partics
2iereto t}iat tlic 0<<�iici� is iii �t}le px•ocess of ob�;ainiiio fee
' simple title to ttie above-descril�ed re�il estate and i�liat
he shal.]_ have a period of four (�f) years fro�n tl�e date o� .
eaecution of this a;reeruerzi; to cozivey tliis pi operty to the
City.
- 3. It is furt�icr agreed Uy anci betl�reen ttie parties
hezeto �;hat the Oi�ner, upon deliverinb title of the above-
described real estate to the City, shall have previously
removeci ai�cl elearecl the existing bLiilClillgs on the said land
at his sole cost ancl elpense. . �
4. The Oi,rner, in conveying the aUo�Te-described real
property to the City, shall first deliver an Abstract of
Title continued to date covering the subject real property;
and upon the determination by the Corporation CounseT that
the title to be conveyed to the City is marketable, the City
shall remit the sut� of Two Thousancl Seven Hundred Dollars
(�2, �00. 00) . It shall be the obligation of the Oi,mer to
pay any and all outstandirig assessments and taxes diie and
payable in the year in w�iich he conveys the real property to
the City, and the Oi,rner agrees ta convey a marketable title
to the Ci�;y free and clear of all liens and encumbrances,
5. It is furtlier a�reecl by and beti�*een the parties
hereto that the Oi,�ner shall be obligatecl to convey the above-
describecl real estate to the City clear of all buildinss within �
the four (4) years set out above; pro�•ided, l�owever, that in the
event the OiLner is unable to, or has no�t obtai.Y�.ed the fee
simple title to the above--describecl real estate, tliis agree-
ment shall be null and void, ancl the Oj�ner shall not be
obligated to convey any sucli property to the City.
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6. • It is furt}ier aoreecl by ancl betti�eeii tlie parties
liex•e�;o tha� tlic City may, at aiiy time and for ariy reaso�i
�ahatsoever, te�°miriate tliis agreement and SJitlidra�,� i�i;s offer
to purcliase the above-descr. ibed real estate. � In the event
the City e�ercises such option to teriuinate this agreenrent ,
the O�ti�ner shall be entitled to receive no damages or co�n- •
pensation. �
IN ��ITNESS jti'I-IrRLOF, Tlie OWilE,'I" c`i21C1 City li�ve e�ecuted
this agreenient to be efSec�;ive as of the date above .svritten.
Tn Presenee Of: "
� Roy T. Spannaus
STATE OF riIti�TESOTA
ss. "
COUNTY OF RAi�iSEY
On this day of , 196g, before me,
� a notary public withii�. and for said County, personally appeared
Roy T. Spannaus , to me kno��m to be the person described in and
who executed the foregoing instrument and acicnoilledged that he
exeeuted the sarue as his free aet anct deeci.
Notary Public, Ramsey Co. , �iinn.
' My commission expires
CITY OF 5AINT PAUL �
� �y
• _ Aiayor
Approved as to Form; Commissioner of Public �ti'orks
Assistan�; Corporation Couusel City Clerlc .
Countersignecl: �
City Com��troller
3
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