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05-600Return copy to: j�o Real Estate Division 140 City Hall Presented By Referred To Committee: Date Requested by Departrnent of: 3� 1 WIIEREAS, the City of Saint Paul, acting through iYs Valuarion Engineer, has secured agreements for 2 the purchase of easements for right-of-way and construction purposes, said easements aze on the 3 following properties addressed as: 4 5 735 White Bear Ave. N., 710 White Bear Ave. N., 1779 Reaney Ave. and 1786 Minnehaha Avenue E. 6 7 WF3EREAS, these easements on said properties are necessary for the street widening in connecrion 8 with the nnprovement of White Bear Avenue between Beech and Reaney, said easements were Final 9 Ordered for acquisition on October 27, 2004 with Council File Numbered 04-1032. The total value at 10 which said easements may be purchased at is in the amount of $35,020 (Thirty Five Thousand Twenty 11 Dollars, this being a fair and reasonahle value for the easements on said subject properties; and 12 13 WHEREAS, the Valuation Engineer has recommended the purchase of said easement rights at the 14 recommended value plus other considerations as outlined in the terms and conditions agreed upon 15 between Property Owner and City of Saint Paul in the attached agreements; 16 17 SO THEREFORE BE IT RESOLVED, that the proper City Officials are hereby authorized and 18 directed to pay the properry owners of record, compensation for the easements shown on the attached 19 agreements, documents and report. 20 21 Said suxn to be chazged to Activity Code: CPL-004-2S130-0788-xxxxx Adopted by Council: Date Adoption C ied by Cou By: Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA I� i //� Mayor for Council File # �5 Green Sheet # 3026785 � Form Approved by City Attorney � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� -(�o(� p�1/ — Publ;c woikc Contact Person & Phone: JUAN ORTIZ 266-8864 _ Date Imtlat 09JUN-05 � Assign Number For Routing Order 0 1 2 3 4 5 Total # of Signature Pages _(���P A�� Locations for Signature) OS Green Sheet NO: 3026788 P biic Works � Real Estate 140 CH ' Ci Atto rnev � Ciri Attom � Mavor•s O�ce � Mavor/Assistant� iri C ouncil " t.ierk Cia Cierk Adion Requested: APPROVE COMPENSATION FOR EASEMENTS NEEDED TO IMPROVE WHITE BEAR AV -BEECH TO REA �dations: Approve (A) or R� Planning Commission CIB Committee Civii Service Commission (R): Contracts Must Answer the Following 1. Has this persoNfirm ever worked under a wntred for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this personffirtn possess a skill not normally possessed by any current 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): AGREEMENTSHAVEBEENREACHEDWITHTHESEPROPERTYOWN TO COMPLETE SAID PUBLIC IMPROVEMENTS. AdvanWpes If Approved: IMPROVEMENTS CAN PROCEED AS PLANNED �u � c � 2oa5 � � � j DisadvantaneslfApOroved: I ENCROACHMENTS ON SAID PROPERTIES ��. Disadvantages If Not Approved: � PROJECT CANNOT PROCEED AS PLANNED RECEIVED MAYOR'S OFFICE Total Amount of q3658 CosURevenue eudgeted: Transaction: Fundinp Souree: ActiviN Number: CPL-004-2S130-0788 Pinancial Information: $35,020 for easemenks �' �^` `�"� (explain) gg,638 Cost to cure (plus) & Owner's appraisal JU� 17 2005 a E � � N ° 0 m � � ~ (/� K � d � _ � N U � R o � c �+ d a N � m () V c z m o o O � ai o r M o 0 _ N Q � N (A 2 z o °o °o ° o ° o W (O O N N W W N N O m a n � - . w p w in ^ w � U � � H H F- H �� a a a a z o rc � m � w z � w > tt � O K � W � W s - r N U � Z w ° m Z � ¢ 0 d' �' z Y Q � � c� 0] Q w � F � � ¢ �- W ¢ z � � w o � Z � N � W N � U O a J y ¢ O Y K d K n Q > < j 4 Q � R Q } W � W� W 2 � � �> W � � > W � m o n n � � � � 0 O N � � e O � t7 � � � O O O N O � M � �] • � O I� � �J"�o.� �' �.� RIGHTAF-WAY EASEMENT This easement, made and entered into the � J�c day of�, 20 OS by and between the Grantor, JAMES M. MORELLf fiereinafter called "Granto�', and the CITY OF SAINT PAUI., a municipal corporation under the laws of the State of Minnesota, hereinafter called "City' (Grantee). WHEREAS, ihe City plans to improve White Bear Avenue North behveen Beech SUeet and Reaney Avenue and the City has requested in connection with this improvement that the Grantor convey to the City an easement for right-of-way purposes, and WHEREAS, the Grantor in consideration for the City undertaking this improvement, desires to grant an easement for right-of-way purposes to the City, its successors and assigns thereof; so NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged by the Grantor, and in further consideration of lhe premises and covenants contained herein, the Grantor agrees to: Grant, bargain and convey unto the City, its successors and assigns, a perpetual right-of-way easement on, over, under and across the following described property : A permanent easement for right-oC-way purposes over, under and across that part of Lo[ 25, Block 2, Robert L. Ware's Eastern Heights described as: That portion of said Lot 251ying northwesterly of a line beginning at point on the north line of said Lot 25, a distance of fifteen feet east of the northwest corner of said Lot 25, thence southwesterly abng said line, [o a poin[ on a line lying seven feet east ot and parallel to the west line of said Lot 25, a distance of thirteen feet south of the north line of said Lot 25, said southwesterly line there terminating. Also a permanent easement for right-of-way parposes over, under and across the west seven feet of said Lot 25, except for the south two hundred eight teet thereof. The Grantor for itself and its successors and assigns covenants with the City, its successors and assigns, that it is the fee owner of the property under consideration and has good right to grant and convey the easement herein. This easement shall run with the land, shall be binding upon and its rights enjoyed by the City, its successors and assigns. ' The Grantor will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. This easement is hereby executed as of the day and year f rst above written e�!.��----�' °�°���,`,`�� JAME M. MO L I �E,� �� STATE OF MINNESOTA ) � �� ) ss. COUNTY OF RAMSEY ) The foregoing instmment was acknowledged before me this �'� day of�, 20 (1_S , �, /1���c� �� bY � l�� , Grantor(s) . THIS INSTRUMENT WAS DRAFTED BV: The City of Saint Paul Real EsWte Divisian 15 W Kellogg Blvd Room td0 Ciry Nall �.� �l. , ` �.l `�, otary Public � .,`..,;.. JANET M. LINDGREN �� NP ���:�?�j� MYCOMMISSION 'v���,�= FX.PIRESJAN 31,2010 • • TEMPORARY EASEMENT THIS INDENTURE, made this /�� day of i� ��V� ,`°`� ' by and between the fee owner, JAMES M. MORELLI , Grantor, and the City of Saint Paul, a municipal corporarion under the laws of the State of Minnesota, iu successors and assigns, Grantee in consideration of Eight Hundred Sixty Dollars(�860.00) and other 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 the Grantee a temporary easement on, over, under and across the following generally described real property in Ramsey County, Minnesota for the pwposes described below: A temporary construction easement over, under and across that part of Lot 25, Block 2, Robert L. Ware's Eastern Heights as specifically shown on the attached plan: SEE ATTACHED PLAN Said temporary construction easement shall run from May Ist, 2005 until Apri130, 2007, or upon completion of White Bear/ Minnehaha improvement Project, which ever occurs firsw It is further understood and agreed that the Grantor, for the above consideration, does hereby convey to the Grantee 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 White Beaz Avenue Improvement Project from Beech to Reaney. That the Grantor, its successors and assigns, agree to defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims brought as a result of injuries or damages received or sustained by any person on account of the Grantor's use of this property or any claims or liability arising irom any violation of any law, whether by the Granto* or any of its agents or employees. �!�►����1•'; � STATE OF _Minnesota_ COIINTY OF _Ramsey_ ) ) ss. ) a <�-���� ,-_��''�� , :� ;�`� S� The foregoing indenture was executed before me this � day of wU � ,20 �? ,.Sby ,_ MES M. MOREL I Grantor. , '/�/�i%( ' r ' � / ^ � ,� f O JUAN A. ORTIZNo ryPu lic 7 h.'��^.__...,,.,� � n �eirMCSniA �xPtR=s anra. ss. aoa o • • �'a RIGHTAF-WAY EASEMENT This easement, made and entered into the ___ day of , 2005 by and behveen the Grantor, JENNIE MECHTEL , hereinafter qlled "Granto�', and the CITY OF SAINT PAUL, a municipal corporation under the laws of the Siate of Minnesota, hereinafter called "City° (Grantee). WHEREAS, the CiTy plans to improve White BearAvenue North beiween Beech Street and Reaney Avenue and the City has requested in connection with this improvement that the Grantor convey to the City an easement for right-of-way purposes, and WHEREAS, the Grantor in consideration for the City �ndertaking this improvement, desires to grant an easement for right-of-way purposes to the City, its successors and assigns thereof; so NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged by the Grantor, and in further consideration of the premises and covenants contained herein, the Grantor agrees to: Grant, bargain and convey unto the City, its successors and assigns, a perpetual right-of-way easement on, over, under and across the following described property : A permanent easement for right-of -way purposes over, under and across that partot Lot 25, Block 2, Robert L. Ware's Eastern Heights described as: Except the south 156 feet and the north 84.44 feet, the west four feet of said Lot 25, Block 2, Robert L. Ware's Eastern Heights. . The Grantor for itself and its successors and assigns covenants with the City, its successors and assigns, that it is the fee owner of lhe property under consideration and has good right to grant and convey the easement herein. This easement shall run with the land, shall be binding upon and its rights enjoyed by the CiTy, its successors and assigns. The Grantor wi11 warrant and defend againsl all persons lawfully daiming ihe whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. This easement is hereby ezecuted as of the day and year first above written �- -�� � ����� � evr_ � ��yLaL'> �/ f JENNIE MECHTEL �� � C '�� . �'e�i STATE OF MINNESOTA COUNTY OF RAMSEY ) ) ss. ) � The foregoing instrument was acknowledged before me this � day of �!7 y , 20 o.s by .7'�NNYL ME�/fT� , Grantor(s) . ���'�',��� , �;, KENN"cTH COURTIER THIS INSTRUMENT WAS DRAFTED BY: �; NOTAAY PUBUC•MINNES07A The City of Saint Paul RealESfateOivision ; �p � MY�aiknFap6�tJm.31,10t0 15 W Kellog9 Bivd Room 740 City Hall t St Paul, MN 55102 � • •e� TEMPORARY EASEMENT THIS INDENTURE, made this � day of �g}� ,�� � by and between the fee owner, Jennie Mechtel, Grantor, and the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, its successors and assigns, Grantee in considerntion of Two Hundred Eighty Eight Dollars($288•00) and other 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 the Grantee a temporary easement on, over, under and across the following generally described real property in Ramsey County, Minnesota for the purposes described below: A temporary construction easement over, under and across that par[ of Lot 25, Bbck 2, Rober[ L. Ware's Eastern Hights as shown on the attached plan: (See attached plan) Said temporary construction easement shall run from May lst, 2005 until Apri13Q 2009, or upon completion ot White Bear/ Minnehaha Improvement Project, which ever occurs first. It is further understood and agreed that the Grantor, for the above consideration, does hereby convey to the Grantee 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 White Bear Avenue Improvement Project from Beech to Reaney. That the Grantor, its successors and assigns, agree to defend and save hannless the City of Saint Paul, its officers and employees from all suits, actions or claims b� ght as a result of injuries or damages received or sustained by any person on account of the t's use of this • property ar any claims or liability arising froin any violation of any law, whe, r b Grantor or any of its agents or employees. J T�NNI� �'IELI�T� Grantor STATE OF Minnesota_ ) ) ss. COLJNTY OF _Ramsey_ ) _ �. ^�� 1 � �..��� �� ' %�� � � - < �� �� P -�- � The foregoing indenture was acknowledged before me this ��day of j�YI � ,Z� �� by Jennie Mechtel , Grantor. ` COURTIER Yy Com�NSSbn Expiiec Jm. 31.2010 • , a�� ������� -C� e'� 3. � CITY OF SAtNT PA L _� EA EMENT RESOLUTION AGREEMENT�4�v�-� � ' � _ I. � \..Y� rr' Date: D� 2. Property Address 735 White Bear Av N. Saint Paul. Minnesota General Easement Area: Permanent - East 2 feet of above property plus an additional azea at the south east corner (see attached map). Temporary -Additional5' west of the permanent easement (2 yr max) Name of Buyer: City of St. Paul Agreed Price for Easements :$ 17,250 Name of Seller: Robert & Nicole Cherry 5. The Buyer agrees to cure the re-design of the of the affected portion of the property, by compensation, as shown on the attached licensed contra�tor's proposal and as agreed to between the Seller and Buyer. `�,wM� 6. This Agreement is subject to approval by the St. Pau�,rC�ouncil. ,,,.._ SELLER: C BUYER' ,-- � % J/ gy: C.,� \ ;�i� For•the ty of Its: �,C, /G��f�,� Paul �� e: Date: l �b� (AE2004-02. EaseAgr ll66Mhaha) 1. 2. 3. 4. 5. �< • �i• CITY OF SAINT PAUL EASEMENT RESOLUTION AGREEMENT Date: �' �� 2G O S 2. Properiy Address 1779 Reanev Av. Saint Paul. Minnesota General Easement Area: Permanent - West 3 feet of property Temporary -Additional 5' east of permanent easement (2 yr max) Name of Buyer: City of St. Paul Agreed Price for Easements: $ Name of Seller: Nicholas Daniels .�, � Z 5� This Agreement is subject to approval by the St. Paul City Council. j�-2,wi��/� �wmlD '��'rUV1ti {yor h S� I� o Pr'°(��v / J SELLE���� By: Nicholas Daniels �. Date:.� L �O� SUYER: By_ � Date: �— / —��� �or the ity of St. Paul `� Its: ✓a�ua'{��'�. q`' j�ssz� �auctv� (AE2004-02.EaseAgN 779Reaney)