04-481Return copy to: (BJE)
Real Estate Division
140 City Hall
Presented By
Refened To
Green Sheet # 3014736
75
Committee: Date
WHEREAS, on March 3, 2004, the Saiut Paul CityCouncil approved Council File No. 04-253
authorizing and directing the Mayor and proper city officials to enter into a Conseroation Easement with the
Minuesota Department of Natural Resources ("DNR") for the city-owned Trillium/Trout Brook property;
and
6 WHEREAS, the City of Saint Paul is required to convey to the DNR an Option for the Purchase of a
7 Perpetual Easement in Real Estate prior to executing said Conservation Easement; now therefore be it
8
9 RESOLVED, by the Council of the City of Saint Paul, that the Mayor and the proper City officials
10 are hereby authorized and directed to enter into said Option with the DNR for the Trilliuxn/Trout Brook site
11 in a form and content substanrially as set forth in the draft attached hereto, and to convey said Oprion to the
12 DNR.
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Council File # oy `! ��
RESOLUTION
CfTY OF SAfNT PAUL, MINNESOTA
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� Green Sheet Green
pW - Pubticworks
Contact Person & Phone:
Bruce Engelbrekt
266-8854
Must Be on Council l�qenda by (Date):
vy-y�i
Sheet Green Sheet Green Sheet Green Sheet-Green Shee�
07 APR-04
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Assign
Number
For
Routing
Order
Green Sheet NO: 3014736
3 a or's Of£ce Ma oNAssistant
4 OU�CII
5 i Clerk GS C7erk
Total # of Signature Pages _(Clip All Locations for Signature)
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Action Requested:
Approve resolution authorizing the City to grant the MN Dept of Nauual Resources an Option to Purchase a Conservation Easement
for the city-owned TrilliuuvTrout Brook site.
Recommendations: Approve (A) w Rejeci (R):
Planning Commission
CIB Committee
Civil Service Commission
the
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally passessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On Mazch 3, 2004 the City Council approved CF 04-253 authorizing the proper city officials to execute a Conservation Easement with
the DNR. The Oprion is a DNR requirement prior to execurion of the easement.
Advantapes IfApproved:
The City will be able to convey the Conservarion Easement to the DNR and receive $SOQ000, which will assist in the acquisition and
development of the property as a naturai pazk azea for wildlife and native vegetation.
DisadvantaS�es If Approved:
None
DisadvaMa9es If Not Approved:
The City will not be able to convey a Conseroation Easement and receive $500,000 from the DNR.
ToWi Amount of 500000
Transaction:
CostlRevenue Budgeted: y
Fundinst Source: MN DNR - Metro AcGvilv Number:
Financiai Information: Greenways Program
(F�cplain)
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Pro;ect:
Parcel:
County:
Acquisition #:
Trillium
1
Ramsey
130800
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M�W ��" � � � � DRAFT
�of biscussion Purposes Only
OPTION FOR THE PURCHASE OF A PERPETUAL EASEMENT IN REAL ESTATE
AND MEMORANDUM OF CONDiTiONS
NAMES AND ADDRESSES of owners. (Marital status must be shown. If married, spouse mustjoin in option.)
Cdy of St. Paul
Attn: Peter White
140 City Hail
15 West Keilogg Bivd.
St. Paul, MN. 55102
For valuable consideration, the undersigned Seiler(s) hereby grant to the State of Minnesota, the exclusive right and
option to purchase a perpetual easement in land located in Ramsev � County, Minnesota, which is more
particularly described as follows: �
See attached EXNIBIT 8
1. OP710N PERIOD. This option shali remain in effect for a period of two months. This option may be
exercised at any time within this option period and shall be exercised upon posting a written Notice of Election to
Purchase to the above Seiler(s) at the above address(es). This option and memorandum must be reviewed and approved
by the State as to its form and execution. The State's review shall be completed within fifteen ('15) business days of its
receipt of the fuliy executed option and memorandum. Upon approval, the effective date of the option shall be the last
date it was signed by Seller(s)and said date shall constitute the commencement of the option period. The State shall pay
the Sellers a total Sum of $500.00 if it elects not to purchase the property.
2. PURCHASE PRICE. The total purchase price for the property is Five Hundred Thousand
and no/100 DOLLARS ($ 500,000.00 ), which shall be paid after all necessary documents to convey the easement
have been recorded in the county recorders office and the abstract of title has been recerti8ed to show that the easement
is in lhe State of Minnesota, free and clear of all encumbrences..
3. TITLE EXAMINATION AND INSURANCE. Seller will provide a copy of its Title Insurance Commitme�t to the
State for its review. Setter wiii provide for the benefit of the State a poiicy of title insurance reasonably acceptable [o ihe
State insuring the State's interest in the property. Seller will pay the premium and ail costs and charges for this poticy.
The State shall have thirty (30) business days aFter receipt of theTitle Insurance Commitment or Notice of Election to
Purchase, whichever is later, to examine the tiUe and notify Selier of any title objections or issues of title that need
resolution.
4. . TITLE CORRECTIONS. If the State is of the opinion that Seller does not have marketable title, Selier shali
have a reasonable time after notice thereof to make title marketable. After all title issues are resolved so that, in the
opinion of the State, Setier has marketable title, the State shalt complete the purchase.
5. TITL�. Seller shatl execute and deliver a perpetual easement to the State, free and clear of all taxes, liens,
encumbrances, restrictions, righ[s, or exceptions except those of record which are acceptable to the State.
6. TERMS. The terms of the perpetual easement are attached as Exhibit A.
7. CONDITION OF PROPERTY. The Seller shall not transfer or encumber any interest in the property prior to
conveyance to the State. The Seller shall remove all rubbish or trash, including any hazardous or harmful chemical
substances, from the property prior to conveyance but shall othenvise keep the property in its current condition and shall
prevent and refrain from any use of the property for any purpose or in any manner which wouid diminish value or
adversefy aRect the State's intended use of the property for natura4 resoume purpeses.
8. RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the
property at reasonabie fimes for surveying, conducting an environmental inspection and assessment to detect hazardous
or toxic substances, and for other reasonable purposes reiated to this transaction. Based upon the results of the
environmental inspection and assessment, the State may elect to refuse to accept the property.
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9. SELLER`S REPRESENTATION AND WAftRANTfES. The SeY�er warrants and represents to the Sts;a the
following matters with the intent that these representations and warranties shall survive the conveyance:
a. Title to the PropertyJAuthority. The Seller is the sole legal owner of the property in fee simple. The property is
not now subject to any written or oral lease, option, agreement of sale, claim, or legal proceeding except as set forth
herein. Seller has the fiull power and authority to execute this option and all agreements and documents referred to in this
option and to fully pertorm as required by this option.
h. Hazardous Waste, Pollut2nts and Contaminants. The Seller acknowledges that the property has been used
for the manufacture, use, storage, or disposal of any hazardous or toxic substance, pollutants or contaminants, within the
meaning of any applicable environmental statute, ordinance or regulation. To the 6est of the Sellers knowledge no
hazardous or toxic substances, pollutants or contaminants, inciuding asbestos or materiafs containing or producing
polychlorinated biphenyls (PCB's) are presently stored or located on the property other than those identified in Braun
I�tertec Phase IL Project CMXX-03-0099 dated January 13, 2004. The Seller agrees to the excavation, removal a�d
disposal of any and aIl hazardous or toxic substance, pollutants or contaminants identified in accordance with tfie Braun
Intertec Response Action and Construcfion Contingency Plan Dated January 13, 2004 and approved by the Minnesota
Pollution Controi Agency by Ietter dated February 4, 200A attached as Exhibit C. 7o the best of the Seiler's knowledge the
property is not subject to any "superfund" or similar lien or any claim by any government regulatory agency or third party
related to the celease or threatened �efease of any hazardous or toxic substance.
c. Underground Storage Tanks. To the best of the Seller's knowledge there are no underground storage tanks
located upon or under the property, or if there are any such tanks located on the property, they have been properiy
registered with all appropriate environmental authorities and are in full compliance with all applicable statutes, ordinances,
and regulations.
d. Reporting Requirements. You are required by Minn. Stat. 270.66 to provide your social securiry number or
Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the
enforcement of federal and state tax taws. Suppiying these numbers may result in action to collect deiinquent tax returns
and delinquent uncontested tax liability` from you. Failure to supply these numbers could prevent you from being paid in
your land iransaction wi(h the state. These numbers will be available to federal and state authorities and state personnei
involved in the payment of state obligations. The Seller undersfands that pursuant to Treas. Re9. §1.6054-4, the State
shall report to the Internai Revenue Service infortnation as to the gross proceeds of this real estate transaction. A copy of
such report shali be furnished to Seller. If Seller is represented by an attorney, said attorney shall be the responsible
reporting party. -
1 �. REMEDIES. In addition to any other remedy speciFically se[ forih in this option, the State has the right to enforce
the provisions of this option through an action for specific perfortnance, injunctive relief, damages, or any other avaiiable
proceedirtgs in taw or equity. The election of any one remedy available under this option shall not constitute a waiver of
otheravailableremedies. �
11. EXHIBITS. The foliowing Exhibits a�e attached hereto and incorporated by reference herein: Exhibit A, B and C
12. BfNDING EFFECT. This option becomes effective when signed by atI of the Sellers and shall then apply to and
bind each of the Sellers and their heirs, executors, administrators, successors nd assigns.
13. COMPLETE AGREEMENT. This option constitutes the so Iete agr,g� r�t between the parties and
cannot be changed except by written amendment. No represen is not ineJuB'�d in this option or in any
written amendment shall be binding upon the parties. �i�'
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