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06-135Return copy to: (BJE) Real Estate Division 140 C�ty Hall RESOLUTION Presented By Referred To �� MINNESOTA Comrnittee: Date �� 1 WHEREAS, the City of Saint Paul ("Ciry") is seeking to acquire properry rights, including direct 2 purchase, permanent easements and temporary construction easements on, over, under and across 3 various properties in the vicinity of Concord Street and Kansas Avenue in Saint Paul; and 4 5 WHEREAS, these property rights are necessary for the construction of a storm sewer along Concord 6 Street between State Street and Kansas Avenue; and 8 WHEREAS, the City has agreed to pay the following amount to purchase the property rights for said 9 project: 10 11 Property Owner 12 Gordon Real Fstate Investments 13 14 15 Address 521 Bazge Channel Rd Twe of Acquisition Permanent Storm Sewer Drainage Easement counci� Fi�e # 011a- l35 Green Sheet # 3029474 Propert� $100,000.00 16 this being a fair and reasonable value as determined by an appraisal and negotiated and agreed to 17 between the City and the property owner; and 18 19 WHEREAS, the Public Works Technical Services Manager, acting as the Valuation and Assessments 20 Engineer, has recommended the purchase of said property rights at the agreed-upon value; and 21 22 WHEREAS, the City and the property owner have executed a permanent storm sewer easement 23 (attached as Exhibit "A"); now, therefore be it 24 25 RESOLVED, that the Saint Paul City Council hereby accepts said easement, and directs and authorizes 26 the proper City officials to pay the property owner the above-listed amount, said sum to be charged to 27 Activity Code C04-2T638-00000; and be it finally 28 29 RESOLVED, that the proper City officials are authorized to record said easement with Ramsey County. 30 31 32 33 34 35 36 37 38 \14t7anns�PW�Technical Seivicu�Rwl EsGte�[teal Esrete�EasementsWE2005-01 - Concord St Sewer\Great Westem\Concord Sewer.PropAcpmcRes.GtWstrn.wpd Council File # v '� + ` Green Sheet # 3029474 Page 2 Requested by Department of: Adopted by Council: Date �v �o Adoption Certified by Council Secret BY� �ic Approve y a,: Date Z-/ 1 3��lo By: u Public Works By: '�'� ` � Q�Director � Form Ap ved by City Attorney � B: Approve� or for Submissio� ouncil By: \W.Hantis�PW�Technical Serncu�Real Es[ate�Real Estare�EasersratsWE2005-01 - Concord St Sewer\Great Westem\Concord Sewer.PropAcpmcRes GrtWstrnwpd � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrnentlofficekouncil: Datelniliated: �_,�� Pw ����w� Z,.�A� Green Sheet NO: 3029474 Contact Person 8 Phone: Bn,ce Ergelbtekt 266�854 on Councl Agenda by (Date): ContractType: RE-RESOLUiION � ' Assign Num6er Por Routing Order Total # of Signature Pages _(Clip NI Locations for Signature) Deoartment 1 blic Worlcs De azmientDimtor 4 unal 5 ' Qerk CS Cleri; Action Requested: Approved resolution to accept a permanent storm sewer drainage easement for the Concord Slreet Sewer Project, and to authroize payment and recording of document. �tlatfons: Apprrne (A) or R Planning Commission CIB Canmittee Citil Sertice Commission Personal5ervice Contracts Must Mswerthe Following Questions: 1. Has this persoNfirtn e�er worked urWer a contract for this department? Yes No 2. Has this persoNSrm e�er been a city employee? Yes No 3. Does this persoNfirm possess a skill not nortnally possessed by any cu�rent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): T6e Public Works Sewer Division is construcflng a new storm sewer along Concord Street between State Street and Kansas Avenue on the city's West Side. The sewer is needed to capture storm water mnoff from higher elevaUOns that flow downwazd towazd the intersecGon 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 acquisifion of this easement is needed to construct the drainage area on one of the private properfies. Advantages IfApproved: The City will have the property rights needed to construct and permanenfly operate and maintain this new se �� � �� ��r DisadvanWpes MApproved: °"`"'` =� �' b""` None, however, this portion of the acquisition will cost $100,000, but which is budgeted for this project. � �� @��s <.�'�� DisadvanWges If Not Approved: The City currently has right-of-eniry permits to construct the sewer, but it must accept the easement from the property owner to secure the property rights needed to maintain the sewer int o the future. isvnoun�or $100,000 Transaction: Fundinysouroe: pWSewerFunds Financialinformation: (F�cplain) CosNRevenueBudgeted: Y AcWityNumber. C04-2T638-0000 January 2?, 2006 10:29 AM Page 1 p( .�x�►.��i� ,���� DEDICATION OF EASEMENT FOR STORM SEWER DRAINAGE PURPOSES Gordon Real Estate Investments, as Grantor(s), for good and valuable considerauon, to them in hand paid and the receipt of which is hereby acl�owledged, does hereby grant, bargain, sell and convey to the City of Saint Paul, a municipal corporation of the State of Minnesota, its successors and assigns, as Grantee, a permanent easement for storm sewer drainage purposes over, under and across the following tract of land being in the County of Ramsey, State of Minnesota, described as follows: That part of Lots 2, 3 and 4, Block 15, Brown & Jackson's Addition to West St. Paul, Ramsey County, Minnesota. That part of I,ots 1, 2, 3, 4 and 5, Duford's Re-Arrangement of Block 22 of Brown & Jackson's Addition to West St. Paul, Ramsey County, Minnesota. That part of Lot 4, Block 21, Brown & Jackson's Addition to West St. Paul, Ramsey County, Minnesota. That part of Lots 1Q, 11, 12 and 13, Block 64, The West St. Paul Real Estate and Improvement Syndicate Addition No. 6, Ramsey County, Minnesota. That part of Lots 1 and 2, Block 28, Brown & Jackson's Addiuon to West St. Paul, Ramsey County, Minnesota. Also that part of vacated Winifred Street, Kansas Avenue and Robie Street, lying within the following described line, Commencing at the most northerly corner of Lot 4, Block 15, Brown & Jackson's Addiuon to West St. Paul; thence on an assumed bearing of South 65 degrees 57 minutes 21 seconds East along the northeasterly line of said Lot 4, Block 15, 15.19 feet; thence South 8 degrees 22 minutes 41 seconds West, 96.60 feet to the point of beginning; thence conrinuing South 8 degrees 22 minutes 41 seconds West,149.78 feet to the northwesterly extension of the southwesterly line of Lots 1, 2, 3, 4 and 5, Duford's Re-Arrangement of Block 22 of Brown 8c Jackson's Addition to West St. t�[s-1'3 Paul; thence South 34 degrees 53 minutes 53 seconds East along the northwesterly and southeasterly extension of the southwesterly line of said Lots 1, 2, 3, 4 and 5, 494.02 feet; thence South 32 degrees 03 minutes 03 seconds East, 205.65 feet to the south line of said Block 64, The West St. Paul Real Fstate and Improvement Syndicate Addition No. 6; thence South 32 degrees 41 minutes 25 seconds East, 10938 feet to the intersecuon of the south line of vacated Robie Street with the northeasterly right of way line of the Chicago Great Western Railway Company; thence South 32 degrees 17 minutes 09 seconds East, along the northeasteriy right of way line of the Chicago Great Western Railway Company,164.50 feet; thence North 56 degrees 32 minutes 59 seconds East, 50.55 feet; thence North 35 degrees 35 minutes 35 seconds West, 282.17 feet; thence North 32 degrees 03 minutes 03 seconds West, 197.53 feet; thence North 34 degrees 53 minutes 53 seconds West, 329.14 feet; thence North 5 degrees 38 minutes 14 seconds West, 82.00 feet; thence North 15 degrees 28 minutes 37 seconds East, 64.00 feet; thence North 18 degrees 34 minutes 26 seconds West, 54.00 feet; thence North 44 degrees 36 minutes 10 seconds West, 112.00 feet; thence South 55 degrees 47 minutes 56 seconds West, 18.00 feet to the point of beginning 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 the Grantee. Grantor will warrant and defend against all persons lawfully clauning the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shail 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 public. It is further intended and agreed that this agreement and covenant shall remain in effect without limitation as to ume. ots- l35 I�TE3TIl4IONY WHEREOF, Grantor(s), ta'�a�- K� C`�ST vi�'£. , a 1 ���i('S`��. .�...iart7�olASS>enf I—[(/t'f�f.P/.10�'OZ hacraeicPrlthic deect to be executed i its corporate name by its duly authorized officers, and attested to this �day of �� , 20(36. i� STATE OF MII+iNESOTA COITNTY OF RAMSEY Its � Its N�nN��. , M�LiNQA HOUSE -- Nfitary Pulalfc�Minnesota � � iAyf7t�mnaeknE�Jan3,.20,� The foregoing was a aiowledged before me this _�t�'�21ay of _��,�_� 20flb � f by CI.✓�J and � the of and _____'_�"` = �� � , Thie TnNnimanf «+?$+Ir?Qc j inf_ �E�38tftilPAt O�PII��1C �Oi1cS Tec}mical Services Division - Reai Estate Room 1flOt3 City Haii tlnnex 25 W, 4�' St. S� Faui, MN SS IO2 v.nu���aq^,rwi��m s�;o��a� �a�.sn�za�a��nz, mmdw�e����.aezoow�-c«u�¢ s� s�r�x u�zm��a s�>.r��,.cna•,a�.,.�a