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230840,, CITY OF ST. PAUL Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment Therefor COUNCIL FILE N0. �10840 �: File No.— x.67 2 �•w�� �V.��L •; ice. MP .�! In the utter of parties ; opening, widening and extending SHEPARD ROAD i from Davern ,Street to Ranh treet by condeianing' and taking the following • - descrl))i _ perty t ggeth T � a�] righ ..ai ,access, being the xight of iFi sB tb o ld. xfrrW aOat portion of 'the' having tra�a°*ot ` 'r acquired herein, ITU the Shepexd"Fida Lots 16, 17 and 18, Block 15 :- Lots 3 throe& 9, Block -14; Lots 3 through 10, Block 13-'of Youngman & Lamm's Addition, Ramsey Co., Minn., and the adjacent vacated Lamm Place and vacated Springfield Street. Also the easterly half of Lots 1 and 21 Block 13 of Youngman & Lamm's Addition, Ramsey Co., Minn. Lots 3 through 10, and the westerly half of Lots 11 and 12, Block 12, Youngman & Lamm's Addition, Ramsey Co., Minn. Lots 1 through 9, Block 11, Youngman & Lamm's Addition, Ramsey Co., Minn. Lots 1 and 2, June's Addition. Except June's Addition; Blocks 6,7,8 and 9 of Youngman & Lam's Addition, Ramsey Co.,,Mina. and adjacent vacated Washington Place, Lincoln Place and Rosenberger Place. Those parts of Government Lot 4, Section 21, Township 28 North, Range 23 West of the 4th Principal Meridian and Lots 1 and 2, Snelling Outlots bounded byfthe following described lines: %Beginning at the point of intersection of the east line of Davern Street and the north line of Reserve Boulevard; thence north on said east'line of Davern Street a distance of 82.65 feet to a point; thence counterclockwise on a 40 foot radius arc whose central angle is 122'07' and whose center is 40 feet east of the last described point and on a line perpendicular to the east line of Davern Street to a point 20 feet northwesterly of the northwesterly line of Reserve Boulevard; thence northeasterly on a straight line 20 feet northwesterly of and parallel to the northwesterly line of Reserve Boulevard to the point of intersection with the east line of Section 21, Township 28 North, Range 23 West of the 4th Principal Meridian; thence southerly on said section line to the point of intersection with the northwesterly line of Reserve Boulevard; thence southwesterly on the northwesterly line of Reserve Boulevard to the point of beginning. Carlson Dalglish Adopted by the Council NOV 161966 Holland - NOV 161966 Meredith p ved Peterson Tedesco In Favor - Byrne Mayor Against Form R -3 �5 PUBLISI+ED NOV 19 1966 x 1` CITY OF ST. PAUL Report • of Commissioner of Finance on Condemnation of Lands 7 ' File No. 1"a 1 F In the matter of partially opening,'widening and extending SHEPARD ROAD from Davern Street to 1anki -- -Street by coadennipg �tdking the. following 'A described' property together_viths all right_ of acdess,- being •the right of ingress to and egress from all that- 1ioraa�1 of etbs_ "f�cR tract., not acquired herein, to the Shepard Road. Lots 16, 17 and 18, Block 15: Lots 3 through 9, Block 14; Lots 3 through 10, Block 13 of Youngman & 'ram's Addition, Ramsey Co., Minn., and the adjacent vacated Lan Place and vacated Springfield Street. Also the easterly half of Lots 1 and 2, Block 13 of 7oungmn1 & Lama's Addition, Ramsey Co., Minn. Lots 3 through 10, and the westerly half of Lots 11 and 12.. Block 12, Youngman i Ian's Addition, Ramsey Co., Minn. Lots 1 through 9, Block 11, Youngman & Lama's Addition, Ramsey Co., Minn. Lots 1 and 2, June's Addition. R Except•June's Addition; Blocks 6,7,8 and 9 of Youngman & Lan's Addition, Ramsey Co., Minn. and adjacent vacated Washington Place, Lincoln Place and Rosenberger Place. Those parts of Government Lot 4, Section 21, Township 28 Korth, Range 23 West of the 4th Principal Meridian and Lots 1 and 2, Snelling Outlots bounded by the following described lines: Beginning at the point of intersection of the east line of Davern Street and the north line of Reserve Boulevard; thence north on said east line of Davern Street a distance of 82.65 feet to a point; thence counterclockwise on a 40 foot radius arc whose central angle is 122007' and whose center is 40 feet east of the last described point and on a line perpendicular to the east line of Davern Street to a point 20 feet northwesterly of the northwesterly line of Reserve.Boulevard; thence northeasterly on a straight line 20 feet northwesterly of and parallel to the northwesterly line of Reserve Boulevard to the point of intersection with the east line of Section 21, Township 28 Borth, Range 23 West of the 4th Principal Meridian; thence southerly on said section line to the point of intersection with the northwesterly line of Reserve Boulevard; thence southwesterly on the northwesterly line of Reserve Boulevard to the point of beginning. of f 4 DEFENSE SYSTEMS DIVISION City of St. Paul Bureau of Valuations 286 City Hall St. Paul, Minnesota 55102 Attention: Mr. J. William Donovan Valuation Engineer UNIVAC UNIVAC PARK ST. PAUL, MINNESOTA 55116 TELEPHONE: ,612 698 -2451 November 4, 1966 nrl�js�iL r��7y'S � 1 Gentlemen: This will acknowledge your letter of October 19, 1966. Since Sperry Rand Corporation is not now the owner of record, but merely the lessor of the lands in question, it interposes no objection to the proposed acquisition by the City of St. Paul. However, since Sperry Rand is an interested party,-in the award, it is desired to place on record certain historical -facts regarding the acquisition of the entire strip for Shepard Road. 1. In November, 1955, Sperry Rand obtained an option from Mr. Edward Heaton, owner, on 16.5 acres of land south of Stewart Avenue between Davern and the west end of Youngman Avenue, extending south to the river bluffs. 2. In January, 1956, at the request of the Mayor of St. Paul, Sperry Rand relinquished its option to the southerly 5.3 acres of this strip, so that it might be acquired directly from.Mr. Heaton by the City for Shepard Road. As a matter of public service, Sperry Rand received no compensation for this action, other than the assurance by city officials that this was all of the land they required for the Shepard Road-right of way. 3. Iri"1957 all of the Sperry Rand property was sold to Penn Mutual Life Insurance Company and leased back for 25 years by the Corporation. City of St. Paul November 4, 1966 Page 2 4. In the summer of 1966 the City sent appraisers to our local headquarters to assess the value of the land for the present proposed additional acquisition. They were told of offers made during the past few years indicating that the market value of the property is currently at least $1.00 per square foot, a valuation to which the appraisers posed no objection or difference of opinion. The award now offered is approxi- mately one -third of this valuation. 5. The width-of our strip since original purchase and after present proposed acquisition by the City will have been reduced from approximately 250 feet to 150 feet. Given setbacks required by construction ordinances, therefore, the area for potential construction is effectively halved, and the narrowing has consequently reduced the utility of the remaining land either for light industrial construction or for sale. As indicated above, Sperry Rand, in the interest'of remaining a good corporate citizen, has no intention of seeking legal redress for what appears to be shabby treatment by the City. The history recounted-is for our files and those of the City and the present owner. We understand that there will be no right of ingress or egress from that portion of Penn Mutual's land east of Davern Avenue, but that driveways and other means of access to Shepard Road west of Davern Street will not be affected. We request that this letter be read to the Council of the City of St. Paul at the public hearing scheduled for November 16, 1966 Very truly yours, jje_ (2, Aada,,.� Dale C. Nathan Counsel DCN:KP:cl cc: Mr. E. W. Strow Penn Mutual Life Insurance Company Philadelphia, Pennsylvania 19105 DEPARTMENT OF FINANCE OF THE CITY OF SAINT PAUL INTRA- DEPARTMENTAL COMMUNICATION To: James J. Dalglish, Commissioner 4):::23a?'�a From: J. William Donovan, Valuation Engineer Date: November 16, 1966 Subject: Acquisition by the City of St. Paul of lands necessary for the opening and widening of Shepard Road between Rankin and Davern and embracing lands owned by the Penn Mutual Life Insurance Company and leased to the Univac Division of the Sperry Rand Corporation, special reference being made to the letter dated November 4, 1966, from Dale C. Nathan, Legal Counsel for the Sperry Rand Corporation and directed to the City of St. Paul. The following is a brief summary of actions taken by the City of Saint Paul in connection with the subject improvement according to the city files and records. 1. In January, 1956, the Sperry Rand Corporation purchased certain lands owned by Mr. Edward Heaton for an estimated purchase price of $4,000 per acre or 9� per square foot. The lands that were needed for the opening of Reserve Boulevard (the future Shepard Road right - of -way) were not included in this conveyance, and it appears from our records that the lands so needed for the extension of Shepard Road were deleted from the Sperry Rand acquisition at the City's request. 2. The City acquired the lands referred to in Par. 2 of Mr. Nathan's letter in May, 1957, pursuant to C.F. 182687 approved May 8, 1957. The subject lands were acquired from Mr. Edward Heaton, the owner of record at that time, and said lands were contiguous-to and south of the lands acquired by the Sperry Rand Corporation as referred to in Par. 1 above. The City's purchase price was based on a valuation of $4,000 per acre or 9� per square foot. 3. In October, 1957, the Sperry Rand Corporation sold the subject lands to the Penn Mutual Insurance Company for an indicated purchase price of $4,000 per acre or 9� per square foot and then leased the lands for a period of 25 years, said lease being in effect at the present time. 4. On March 4, 1964, a group of city officials met with Sperry Rand officials and at this meeting the Sperry Rand people were informally made aware of the possibility of the need for additional right -of -way for the Shepard Road adjacent to their property. -2- S. On February 25, 1965, the City Council adopted preliminary order, identified as C.F. 222078, in connection with the acquisition of lands necessary for the extension and widening of the Shepard Road from Rankin to Davern. The completion date for this project was deferred until 1966. 6. On May 16, 1966, the Sperry Rand Corporation was informed by letter that the City had engaged independent appraisers for the purpose of appraising the lands being acquired for the Shepard Road. This letter included an invitation to call the City Valuation Engineer for any additional information desired concerning this matter. 7. On September 1, 1966, the Sperry Rand Corporation was informed by letter of the City's recommended appraised value of the lands being acquired from them for the Shepard Road along with the anticipated schedule of the condemnation proceedings. This letter also inclu- ded an invitation to meet with the City Valuation Engineer to discuss .the awards for damages and the condemnation process. Since no reply was received from the Sperry Rand Corporation, it was assumed that they were in accord with all aspects of this improvement. 8. The public hearing and the adoption of the final order for this improvement was accomplished by the City Council on April 4, 1966. 9. Insofar as the City's condemnation also included the acquisition of the right of access to the Shepard Road, the Sperry Rand Corpor- ation was again informed by letter dated October 19, 1966, explain- ing the denial of access and again inviting a meeting with the City Valuation Engineer. 10. The hearing with the City Council in connection with the ratifi- cation of the awards for damages covering the lands being acquired for the Shepard Road is scheduled for November 16, 1966. The City's appraisal and recommended purchase price is based on a land valuation of $15,500 per acre or 35� per square foot. It is my feeling that the Sperry Rand Corporation has been given every consideration possible by the City of St. Paul and that their claim of possible shabby treatment is unfounded. n JWD:lf - Nov: 16' _ - Mr. Joseph P:. Su mere; Corporation Counsel.- :. Dear. Sirs The-City Council in-.its co eratio f C. "'F., 230840_ re Resolution Ratifying and'Conf Conde' ion and Awards_of Damages and Assessment Therefor in matt f partially' opening, - widening and extending Shepard Road rn Street'to- Rankin Street -by condemning and taki rtai n perty as described in the resolution, had an obj he-a of damages�by•George_ C. King on behalf of John .. SFrenso F. Swenson. Mr.', - -Donovan stated-at the me ng that - th Swenson - heave a - financial j , _ + Y' problem-and Would.like t va a part .f the damage awards given _ them immediately without:- ejudicing eir case. Mr. Donovan sug- • gested this - natter be ref d to.- office . to see what could be- .done about .the - _Very truly yours, }: City Clerk - r PAUL C. THOMAS GEORGE C. KING CARL A. SWENSON FREDERICK A. COLLATZ ROBERT J. YOLK B. M. CALLINAN s y .. THOMAS, KING, SWENSON I& COLLATZ ATTORNEYS AT LAW°' O _ PIONEER BUILDING x Q L.0 f -' �fiJ2- 224 -�7 }61 w 1 SAINT PAUL, MINN ESOTA SSIOI October 31, 1966 City Clerk City of Saint Paul Saint Paul, Minnesota Re: Partially opening, widening and extending Shepard Road from Davern Street to Rankin Street Dear Sir: I enclose herewith Objection to Award of Damages in the above captioned' matter. The hearing on the confirmation of the award is set for November 16. Ver my yours, GEORGE C. KING GCK/ bg enc. -.3 _• - _ - . . 1, 4f • '• . -. - L�,• - . it F It In the matter -of partially opening..' ; widening .and extending Shepard :Road • - ; ' _ from Davern Street' to•Rankin Street. L by condemning and taking certain " f_ - - "— property. �OBIECTION -TO AWARD.,-OF -DAMAGES 1. ' The undersigned are the owners of the following described 5+. property included in the taking of 'th'e •above: _ Y _. , Lots 1,'2, 5, ' 6,' -7- 8,° • 9, and Lot 3 except the " Southerly 31 feet of the Easterly 100 feet thereof; - ' _ : • all in' Block 11, Youngman & Lamm 's Addition, Ramsey' Co. , Minn. ., .' 2. The award _of damages for the taking�f objectors' property is $31, 750. 00.-, 3.: Objection -is 'made to said award 'on the grounds that it -is - insufficient, and should be at least $48; 000. 00. - - i John E. Sw nson' Dated: .Octobe.'r 31, ';196.6 .I, - - • '' - _ Mary . Sw ns-on Thomas, King, _Swenson ,& Col]atz "' - Z. _.1100 PioneerjBuildir t` „�_ Saint Paul, Minnesota 55101- By: George 'C: King. i _ - � •. - • �• 1. _. . t, w' -�; �1,iy:ir Y.,.�icr� ii s.• - -.r .. - k .. s -._ ___ -'. �..: _v -1 - L. -,I� f• ..- L�'i' -.- pM•.r...- 't�T+T�^"_._r'r . ....5. --. �- - '_�.._ -_ -r. � -G - +..t - ._.`�: ._ �. �. - -_ � .• ' • r LA%MrOFFIrES OF THOMAS, KING, SWENSON & COLLATZ PIONEER BUILDING SAINT PAUL, MINNESOTA 55101 v Flo 31 OCT City Clerk City of Saint Paul Saint Paul, Minnesota 55102 5c.