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04-843o�f-��3 Return copy to: - bn Real Fstate Division 140 City Hall Piesented By Referred To Cominittee: Date WHEREAS, the City of Saint Paul (City), as part of its public improvement project to construct Phalen Boulevard, has acquired property and easements rights for said project; the four parcels are legally described in Attachment "A": s WHEREAS, in order to comply with the Minnesota Department of Employment and Economic 6 Development Grant, the City of Saint Paul needs to impose certain restricuons on said property, � s BE IT RESOLVED, That the City Council of Saint Paul hereby authorizes the proper City Officials 9 to file this resolution with Ramsey County Property and Revenue Department imposing the following io restrictions on said property; ii i2 The fee title to, lease of, or easement on Real property is bond financed property is within the meaning of Minn. Stat. 16A.695, as amended from time to ume, is subject to ia the encumbrance created and requirements imposed thereby, and cannot be sold or is otherwise disposed of by public officer or agency which has jurisdiction over it or i6 owns it without approval of the Minnesota Commissioner of Finance, which approval n must be evidenced by a written statement signed by the Commissioner of Finance and ia attached to the deed or instrument used to sell or otherwise dispose of the fee fitle to, is lease of, or easement on Rea1 Property. zo zt The fee title to, lease of, or easement on the Real Property shall remain subject to this resuiction until; (I) the 2z restriction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner zs of Finance, or (ii) a written release, releasing the fee title to, lease of, or easement on the Real Property from za the restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records zs relating to the Real Property. Requested by Department of: ub orks By: � Director Form �oved by City � Council File # Green Sheet # 3021852 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ls �/_ �'���„���1���/�� - ��� :.---- - Adopted by Councii: Date Gl-/-�1/l'i9� Adoption Cert fi d by Council Secretary o�f - 8�f3 Attachment "Al" Description for the right of way of Phalen Boulevard. across the Southeast Quarter of Section 29,Township 29 North, Range 22 West of the Fourth Principal Meridian. An easement for right of way over, under and across those parts of Lots 1 and 2, Biock 39, Schumeier's Subdivision of Biocks 38 and 39 of Arlington Hills Addition to the City of Saint Paul, Minnesota; those parts of Lots 5,6,7,8,9,10,11 and 12 Charles Weide's Subdivision of Block 40 of Arlington Hills Addition to St. Paul and that part of vacated Weide Street lying north of the easterly extension of the south line of Lot 1, Block 39, Schumeier's Subdivision of Biocks 38 and 39 of Arlington Hills Addition to the City of Saint Paul all of which lies south of the following described Line A: Line A: Commencing at the southeast corner of Section 29, Township 29 North, Range 22 West; thence along the east line of the Southeast Quarter of said Section 29 North 0 degrees 12 minutes 04 seconds East, assumed bearing, a distance of 1531.65 feet to the point of beginning; thence North 89 degrees 52 minutes 07 seconds West a distance of 114.09 feet; thence westerly on a tangential curve, concave to the south, with a radius of 1074.00 feet and a centrai angle of 4 degrees 17 minutes 15 seconds for a distance of 80.37 feet; thence South 85 degrees 50 minutes 37 seconds West 314.60 feet, more or less, to the south line of Lot 2, Block 39, Schurmeier's Subdivision of Blocks 38 and 39 of Arlington Hilis Addition to the City of Saint Paul, Minnesota, and there terminating. Together with a permanent retaining wall easement for construction and maintenance over, under and across all of Lots 3, 4 and 5, Block 39, Schumeier's Subdivision of Blocks 38 and 39 of Arlington Hills Addition to the City of Saint Paul; and that part of Lots 1 and 2, Block 39, said Schumeier's Subdivision of Blocks 38 and 39 of Arlington Hills Addition; the west half of vacated Weide Street that would accrue to Lot 1, Block 39, said Schumeier's Subdivision of Blocks 38 and 39 of Arlington Hills Addition; Lots 5, 6, 7, 8, 9, 10, 11 and 12, Charles Weide's Subdivision of Block 40 of Arlington Hills Addition to St. Paul and the east half of vacated Weide Street that would accrue to Lot 12, said Charles Weide's Subdivision of Block 40 of Ariington Hills Addition to St. Paul that lies northerly of Line A above, not including any of vacated Wells Street. D�( - 8�f3 Attachment "A2" Description for right of way of Phalen Boulevard across the Southeast Quarter of Section 29, Township 29 North, Range 22 West of the Fourth Principal Meridian An easement for right of way over, under and across all that part of L.ots 1 and 2, Biock 38, Schurmeier s Subdivision of Blocks 38 and 39 of Arlington Hills Addiuon to the City of Saint Paul, Minnesota that lies south of westeriy extension of the south line of I.ot 10, Block 39 of said plat and north of northern line of Ramsey County Regional Railroad Authority (formeriy Burlington Northem Rail Road ) property. o �f - g�3 Attachment "A3" Parcel i: The northerly 90.00 feet of the southeriy 100.00 feet of Block 43, Arlington Hills Addition to the City of St. Paul and the northerly 90.00 feet of the southerly 100.00 feet of Block 41, Arlington Hiils Addiuon to the City of St. Paul, together with those portions of vacated Greenbrier Street and vacated Walsh Street accruing to said blocks by reason of the vacations thereof, except the following described property: That part of Blocks 41 and 43, Arlington Hiils Addition to 5t. Paul, and parts of vacated Greenbrier Street and Walsh Sueet, described as follows, to with: Beginning at a point in the center line of said vacated Greenbrier Street, distant 255.98 feet north, as measured along said center line of vacated Greenbrier Street from the center line of Bush Avenue formerly known as Fauquier Avenue, said point also being distant 59.15 feet north, as measured along said center line of vacated Greenbrier Sueet from its intersection with the center line of the westbound or most northerly main track of the Chicago, Saint Paul, Minneapolis and Omaha Railway Company, as said main track as originally located and established; thence continuing north along said center line of vacated Greenbrier Street, a distance of 86.65 feet; thence east at right angles, a distance of 30.00 feet, to a point on the east line of vacated Greenbrier Street; thence easterly along a line which forms an angle of 3 degrees 09 minutes 00 seconds to the left with a prolongation of the last described course, a distance of 480.65 feet, said line being paraliel with and distant 144 feet northerly of and measured at right angles to center line of said main track; thence southerly at right angles, a distance of 6.00 feet; thence easterly along a line which forms an angle of 86 degrees 57 minutes 00 seconds to the left with a prolongation of the last described course, a distance of 75.00 feet; thence southerly along a line which forms an angle of 86 degrees 57 minutes 00 seconds to the right with a prolongation of the last described course, a distance of 28 feet to a point 15.00 feet northeriy of and measured at right angles to the center line of said Railway Company's most northerly spur track, as said uack was originally located and established; thence westerly at right angles, a distance of 304.69 feet thence southwesterly along a line which forms an angle of 9 degrees 20 minutes 00 seconds to the left with a prolongation of the last described course, a distance of 289.39 feet, more or less, to the point of beginning. Parcel2: Ali that portion of the Southeast Quarter of the Southeast Quarter (SEl/4 of SEl/4) of Section twenty-nine (29), Township twenty-nine (29) North, o�- ��3 Range twenty-two (22) West, described as follows: Beginning at the Southeast corner of Block forty-one (41), Arlington Hills Addiuon to St. Paul, according to the recorded plat thereof; running thence East, along the South line of said Block forty-one (41) produced East, three hundred sixry (360} feet; thence North, at right angies, one hundred (100) feet; thence West, along a line drawn parallel with and one hundred (10�) feet North, when measured at right angles, from the produced South line of said Block forry-one (41), to the East line of said Block forty-one (41); thence Southerly, along said East Line of Block forty-one (41), to the point of beginning. Except the southerly 10.00 feet thereof. Parcel3: All that portion of the Southeast Quarter of the Southeast Quarter of Section 29, Township 29 North, Range 22 West of the Fourth Principal Meridian lying within the following described line: Commencing at the Southeast corner of the said Southeast Quarter; thence on an assumed bearing of North 0 degrees 12 minutes 04 seconds East along the East line of said Southeast Quarter, a distance of 1064.35 feet to the point of beginning of the line to be described; thence Westerly on a non tangential curve concave to the South, an azc distance of 74.25 feet, having a radius of 1325.40 feet, a cenual angle of 3 degrees 12 minutes 35 seconds, a chord bearing of South 87 degrees 07 minutes 48 seconds West and a chord distance of 74.24 feet; thence South 85 degrees 31 minutes 31 seconds West, tangent to the last described curve, a distance of 73.64 feet; thence Westerly on a tangential curve, concave to the North, an arc distance of 145.$1 feet, having a radius of 775.84 feet and a central angle of 10 degrees 46 minutes 06 seconds; thence South 3 degrees 10 minutes 10 seconds East, not tangent to the last described curve, a distance of 17.63 feet more or less to a point on a line 100.00 feet North of and parallel with the Easterly extension of the South line of Block 41, Arlington Hills Addition to St. Paul; thence Easterly on said parallel line 292.59 feet more or less to the East line of said Southeast Quarter; thence North 0 degrees 12 minutes 04 seconds East along the East line of said Southeast Quarter a distance of 8.58 feet more or less to the point of beginning and there said line terminates. 0 All that portion of the Southeast Quarter of the Southeast Quarter of Section 29, Township 29 North, Range 22 West described as follows: Dy - 8�t3 Commencing at the Southeast comer of Block 41, Ariington Hills Addiuon to the City of St. Paul; thence East along the South line of said Block 41 produced East 360.00 feet to the point of beginning of the land to be described; thence continuing East along said South line of said Block 41 produced East to the East line of said quarter-quarter; thence North along said East line to the South Line of the above described properry; thence Westerly along said South line to its intersection with a line n,nn;ng North at right angles from the point of beginning; thence South to the point of beginning. Except the southerly 10.00 feet. Parcel4: That part of the Southwest Quarter of Section 28, Township 29 North, Range 22 West of the Fourth Principal Meridian described as follows: Commencing at the Southwest corner of the Southwest Quar[er of said Section 28; thence, along the west line of said quarter, North 0 degrees 12 minutes 04 seconds East, bearing based on the Ramsey County Coordinate System NAD83, a distance of 955.64 feet, to a point on a line 100.00 feet northerly of and paza11e1 with the south line of the Chicago Saint Paul Minneapolis and Omaha Railway right of way, the point of beginning; thence along said parallel iine North 86 degrees 49 minutes 50 seconds East a distance of 453.25 feet thence on a tangential curve, concave to the north, with a radius of 5685.65 feet and a central angle of 1 degree 44 minutes 07 seconds an arc distance of 172.21 feet, to the south line of the Ramsey County Regional Rail Authority (formerly Burlington Northern Railway) right of way; thence North 86 degrees 00 minutes 57 seconds West, along said Ramsey County Regional Rail Authority right of way line, a distance of 206.67 feet; thence continue on said right of way line on a non-tangential curve, concave to the northeast, with a radius of 1523.18 feet and a central angie of 0 degrees 50 minutes 49 seconds, chord bearing North 74 degrees 56 minutes 37 seconds West 22.52 feet, an arc distance of 22.52 feet; thence continue on said right of way line tangent to said curve North 74 degrees 31 minutes 12 seconds West a distance of 13.51 feet; thence conunue on said right of way line on a tangential curve, concave to the south, with a radius of 1325.40 feet and a central angle of 16 degrees 44 minutes 42 seconds a distance of 387.36 feet to the west line of said Southwest Quarter; thence along said west line South 0 degrees 12 minutes 04 seconds West a distance of 108.76 feet to the point of beginning. Except the southerly 10.00 feet of the west 340.00 feet as measured at right angles to the west line of said Southwest Quarter. Attachment "A4" Description prepared by the Department of Public Works - Survey Division Date prepared April 14�', 2004 Ciry Project No. P-1237 Phalen Blvd II Middle portion (Phalen Blvd right of way) That part of Lot 1, Block 3, Andrew Addition, Ramsey County, Minnesota between a line 36.50 feet north and a line 31.50 feet south of and parallel with the following described line. Commencing at the southeast corner of the Southeast Quarter of Section 29 Township 29 North Range 22 West of the Fourth Principal Meridian, thence on an assumed bearing of North 00 degrees 12 minutes 04 seconds East along the east line of said Southeast Quarter a distance of 1489.15 feet to the point of beginning of the line to be described; thence North 89 degrees 52 minutes 07 seconds West, a distance of 114.04 feet; thence westerly along a tangential curve concaved to the south, having a radius of 1031.50 feet, an arc distance of ?7.19 feet and a central angle of 4 degrees 17 minutes 15 seconds and there said line terminates. Subject to easements of record. o�(- 8�3 �� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � P�l�/ — Public Works Contact Person � Phone: Bob Novak 6-8863 Must Be on Council Agenda by ate): sa�at�oa ct _ � ,� Date Initiai 19-AUG-04 � Assign Number Fo� Routing Order Green Sheet NO: 3021852 0 �Pnblic Works 1 � 1 blicWorks De rhnentDirector 2 i Attorne 3 a or's �ce �favodAssistant 4 u 'I I 5 i Clerk Ci Clerk Total # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Sign Council Resoultion [o place a deed restricflon�properties acquired for the Phalen Blvd. Right-of-W ay idations: Approve (A) or Re�ect (R): Planning Commission CIB Committee Civil Service Commission Personal Serviee Contracts Must 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firtn possess a skiA not nortnally possessed by any current city employee? Yes No 6cplain all yes answers on separate sheet and attach to green sheei Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Dc��1J ��7�r�<m�rr .�--� �'��.vr �_o -E .�- co�Pu�-.r� �✓ � r-� 7N€ �?�NNFs'o f�t- ��"Pj e� �l.�G . �' �co.✓. �€Y. �'✓.c�l�✓�- Advantapes If Approved: Public Works will receive the funding from the grant DisadvanWpeslfApproved: �v��. DisadvanWges If Not Approved: The funding will have to come from another funding source oWi Amount of Transaction: Funding Source: /J � CosNRevenue Budgeted: Activity Number: Finan cial Information: (Explain)