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05-518Return copy to: (BJE) Real Estate Division 140 City Aall Council File # �5_ 51�f Green Sheet # 3026581 MINNESOTA Presented By Referred To 1 2 3 4 5 6 � 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Committee: Date WHEREAS, the City of Saint Paul ("City") is seeking to acquire properiy rights, including direct purchase, permanent easements and temporary construction easements on, over, under and across various properties in the vicinity of Concord Street and Kansas Avenue in Saint Paul; and WHEREAS, these proper[y rights aze necessary for the construction of a new storm sewer along Concord Street between State Street and Kansas Avenue; and WHEREAS, said property rights are needed for the following properties in Saint Paul: Pro e�rty Owner Property Address Tvne of Ac uisition Properry Value Jesse and Mazjorie Edwazds Our Lady of Guadalupe Church Our Lady of Guadalupe Church Unassigned 401 Concord Street 1052 Ross Ave. Direct purchase Perm. Storm Sewer Esmt. Temp. Conshuction Esmt. $ 21,000.00 $ 41,800.00 $ 3,600.00 $ 66,400.00 ; and �O WHEREAS, the City and the property owners have executed a purchase agreement (attached as Exhibit "A"), an easement deed (attached as Exhibit "B") and a temporary consriuction easement (attached as E�ibit "C"); and WHEREAS, the City has conducted real estate appraisals to establish the fair market value of the direct purchase and easements; and WHEREAS, the Valuation & Assessment Engineer has recommended the purchase of said properry rights at their appraised values, and the values have been accepted by the properiy owners; now, therefore be it RESOLVED, that the Saint Paul City Council accepts the purchase agreement and subsequent deed, and the permanent and temporary easements, and directs and authorizes the proper City officials to pay the properry owners the above-listed amounts, said sum to be chazged to Activity Code C04-2T638-00000; and be it finally G \Shared�RE�REAL WPdata�Euements�BruceWE2005-01 -Concord St Sewer�PropACpNCRes.wpd �-5�� 1 2 , � 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 Council File # Green Sheet # 3026581 RE50LVED, that the proper City officials aze authorized to record the deed and permanent easement with Ramsey County. Adopted by Council: Date J�e �, aD�� GiShared�RE�REAl WPdata�Easements�BmceWE2005-0] -Concord SS Requested by Deparhnent of: Form Approved by City � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ! Depar4neM/office/council: ' Date Initiated: /� i P1/�( — Public Works i 24MAY-05 i V Cor�d Person 8 Pho�: Bruce Engelbrekt 266-8854 xwst ee on '15-JUN-05 � Assign Number FOr Routing Order Cf�-5�g heet NO: 3026581 0 Tu61"cWorlct� Y/ BroceEncelbrekt S� ; 1 PublicWorks ' DeoartmentDirector � � 2 'CiNAttomev JudvHansou pf 5 Citv Clerk i Citv Clerk Total # of Signature Pages (Clip All Locations for Signature) Approve resolurion to accept a purchase agreement and permanent and temporary easements needed for the Concord Street Sewer Project, and authorizing payment and recording of documenu. rtecommendations: npprove (A) or Planning Commission CIB Committee Civil Servlce Commission 1. Has this person/firm ever worked under a contrad for this department? Yes No 2. Has this personlfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skili not normally possessed by any curzent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Pubiic Works Sewer Division is constructing a new storm sewer along Concord Street between State Street and Kansas Avenue on the city's West Side. The sewer is needed to caphve storm water runoff from higher elevations that flow downwazd towazd the intersection of State, George and Concord. The water would be carried through the sewer line to a drainage ditch on private property neaz Concord and Kansas. The acquisirion of property and various easements is needed to construct the project q�noss P�„� � ro�d^'�. Advanfapes If Approved: The City will have the property rights needed to construct and permanently operate and maintain this new sewer. � ����� DisadvanWges If Approved: None, however, this portion of the acquisition will cost $66,400. �a�r z s 200� i ; � � DisadvanWpes If Not Approved: The City cwrently has right-of-entry permits to construct the sewer, but it must accept the deed and easements from the property owners to secure the property rights needed to maintain the sewer into the future. TotalAmountof �66400 Transaction: J Fundinq source: pW Sewer Funds Fi naneial Infortnation: (F�cplain) CosURevenue Budgeted: Y Activitv Number: C04-2T638-0000 �@3@aCCh 4 � �i , 05-5�� .�xG�,���- �- CITY OF SAINT PAUL PURCHASE AGREEMENT 1. Date: A`C�i � �� Z��-� 2. Location of the Real Estate: No assi�ned address (Northeast side of Concord Street near the intersection of Concord and Kansas Avenuel. Saint Paul. Minnesota 55107 3. Legal Description of the sale properry: Dawson's Second Rearrangement of Block 28 of Brown and Jackson's Addition to West St. Paul: Vacated Street and Alley Accruing and following; except the Southerly 14 feet for street; Lot 8, Block 28 4. Name and address of Buyer: The City of Saint Paul 140 City Hall - 15 West Kelloge Boulevard Saint Paul, Minnesota 55102 Name and address of Seller: Jesse E. Edwards and Marjorie B. Edwards 1565 Ed�cumbe Road Saint Paul. Minnesota 5 5 1 1 6-23 04 6. Agreed Purchase Price: $21.000 (TwentXOne Thousand Dollarsl 7. Real Estate Taxes: Buyer shall pay ali outstanding taxes and assessments payable in the year 2005 and thereafter. Seller certifies that as of the date of closing there aze no delinquent taxes or unpaid assessments or liens. 8. Conveyance: At ciosine, Seller shall convev title to Buyer by Quit Claim Deed. 9. Seller shall provide Buyer at the closing an Owner's Abstract. Buyer agrees to update any name corrections on the Title. Seller agrees, at Seller's cost and expense, to correct or remove any exce�tions or "clouds" on the title as shown on the "Commitment to Insure" title examination report, which shall be provided by Buyer at Buyer's expense. 10. Closing shall occur within 30 days following execution of this Purchase Agreement, at which time the title to the sale property shall be conveyed to Buyer. The closing date may be postponed and rescheduled by mutual agreement of the parties hereto. Buyer shall pay all closing costs. 11. Seller shall provide an affidavit on the date of closing indicating that Seller has not used or permitted the use of the subject properiy as a hazardous waste disposal facility as defined in section i 15A.03 Subd. 10 of Chapter 121 of the Laws of Minnesota of 1983, and that there is no basis to conclude that this property has been subject to or contaminated by the release of any hazazdous substance, hazardous waste, pollutants of contaminants as defined in Section 115B.02 of the Minnesota Statutes. �5-5� � Purchase Agreement Dr. Jesse E. and Mrs. Marjorie B. Edwards Page 2 12. All warranries and representations made in this Purchase Agreement shall survive the closing and the conveyance oftitle to the property. This Purchase Agreement and all obligations provided shall, to the ea�tent not fully satisfied and performed by or through the closing, survive the closing and the conveyance of title to the properry. 13. The terms and conditions of this Purchase Agreement shall be subject to approval by the Council of the City of Saint Paul. 05-51 � Purchase Agreement Dr. Jesse E. and Mrs. Marjorie B. Edwards Page 3 Seller: � � Purchaser (City of Saint Paul): L � �^ Date: � �mCi Bda . � � Date: O( v � � � � B Y' � Date: 2 �7 � ; C - ��I�VC�- 05-5 � � �����f B DEDICATION OF EASEMENT FOR STORM SEWER PURPOSES Our Lady of Guadalupe Church, as Grantor(s), for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey to the City of Saint Paul, a municipal corporation of the State of Minnesota, its successors, and assigns, as Cnantee, a permanent easement for storm sewer purposes under and across the following tract of land being in the County of Ramsey, State of Minnesota, described as follows: That part of Lots 9, 10, 11 and 12, Dawson's Second Rearrangement of Block 28 of Brown and Jackson's Addition to St. Paul, Rainsey County, Minnesota lying southeasterly of the following described line. Commencing at the most westerly intersection of the centerline of Andrew and Robie Streets; thence on an assumed bearing of South 65 degrees 57 minutes 27 seconds East along the centerline of Robie Street, for 495.81 feet; thence South 32 degrees 16 minutes 27 seconds East, 374.50 feet to the point ofbeginning, thence South 55 degrees 17 minutes 21 seconds West, 22.85 feet; thence South 33 degrees 49 minutes 18 seconds West, 101.02 feet more or less to a point on the east line of vacated Kansas Avenue said point being 58.84 feet north of the north line of Concord St as widened to a width of 80 feet, measured along the said east line of vacated Kansas Avenue and there said line terminates. To have and to hold the same forever. Grantor does covenant that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same free of all encumbrances. That Grantor also covenants that the above granted easement is in the quiet and peaceable possession of Grantee. Grantor will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant running with the land and shall be binding to the fullest extent of the law and equity for the benefit of the publia lt is fiurther intended and agreed that this agreement and covenant shall remain in effect without limitation as to time. 05-518 IN TESTIMONY WHEREOF, Grantor, a under the laws of , has caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this I day of i�, 2005. B y � - �-`bLl ��a Its ��� m STATE OF MINNESOTA COUNTY OF RAMSEY l ss 1 Its The foregoing was acknowiedged before me this b y �.21/� �ftJ�✓I �.,�_v�✓�✓ and the �� �.� r - and of fl ..� I . 1 , .S /_. . I .. � , ^ .u�wa 4:��G1. w2r�e`2.-/�a> "�'� ,Ic.`"„AV. .ii.'•;?id r1 C.%�i2 -4,�?�.h.;+, �:.- ; "rUBU.. - �s�� iyESOTA ��,�.:�.L<=`c �.Y�O�:iLiiSS;ON ''�"`'° EXrit�ESJAY.3i, �'"C':�' This Instrument was drafted by: Deparhnent of Public Works Technical Services Division - Real Estate Room 140 City Hall St. Paul, MN 55102 �day of _�� > 2005 -�/ �l � � �� G\$hared�RE�REA[. WPdatalEuements\BruceWE?005-01 -Concord $t Sewer\Guadalupe Church\Concord Sewer.PertnEsmtGuadalupe.wpd � �i � €�c�„b;�' TEMPORARY CONSTRUCTION EASEMENT THIS INDENTCJRE, made this �_ day of ,u� , 2005, by and between Our Lady of Guadalune Church their successors and assigns, Grantor(s), and the Citv of Saint Paul a municipal corporation under the laws of the State of Minnesota, its successors and assigns, Grantee, for good and valuable consideration, to the Grantor it in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey unto Grantee a Temporary Construction Easement over, under and across the real properry described as: The easement boundaries and area are shown on the attached map (Exhibit "A"). It is further understood and agreed that the Grantor, for the above consideration, does hereby convey to the Crrantee the above described easement for certain purposes including but not limited to entry, operation, sloping, grading and the clearing and storage of materials in conjunction with and during the construction of a storm sewer on Grantor's church property located at 401 Concord Street in Saint Paul, Minnesota. This easement shall have expired on the 31 �` day of December, 2005. B `wt .���j State of �wvtZ��o.._ Its: l�a�rF�t County of � I ss and Its: i The foregoing instnunent was acknowledged before me this � S day of ��� , 2005, NOTARIAL S7AMP OR SEAL (QR QmHE&•�5�,. � RANK) . , :+. �``.-�'. "r1. ��'SF='� `� _'. " %iS?<�Q�:Sita ',i:.(: f'�i��ii..y..� - - : a�."..:�: �'Y;%: E .'_ � . � ^ r ' r�3Y " >.—.�',; �_ ,�`z '. THIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS) The City of Saint Paul Department of Public Works Technical Services Division - Real Estate IS West Kellogg Boulevard Room 14Q City Hall Saint Paul, Minnesota 55102 Grantor(s).