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07-465,. - , Return copy to: (bn) Council File # PW/Technical Services — Real Estate 1000 City Hall Annea Green Sheet # RESOLUTION Suspension - May 23, 200� , CITY OF SAINT PAUL� MINNESOTA Presented By Referred to Committee: Date WHEREAS, the City of Saint Paul ("City") seeks to acquire right-of-way to construct exclusive left- tum lanes and left turn signal arrows on Maryland Avenue at its intersection with Rice Street, the acquisirion was Final Ordered March 7, 2007 with Council File #07-224; and WHEREAS, as a first step in the acquisirion process, the City, acting through its Public Works Technical Services Division, Rea1 Estate Section, has secured a signed Purchase Agreement to acquire a property in the proposed roadway alignment; legally described as: Lot 1 and 2, Block 1 Brayton's Second Division (1099 Rice St.); and WI�EEREAS, the City has agreed to pay Four Hundred Thirty Thousand Dollars ($430,000.00),to purchase said property this being fair and reasonable value as determined by a independent appraisal, negotiated and agreed to between the property owner and the City; and WHEREAS, the Public Works Technical Services Manager, has recommended purchase of said properties at the agreed-upon values; now, therefore be it RESOLVED, that the Council of the CiTy of Saint Paul accepts the Purchase Agreement for said property, and directs and authorizes the proper city officials to pay $430,000.00 to Jeffery S. Rauschnot, and all associated closing costs, said amounts to be charged to Acrivity Codes: C07-^" = Adopted by Council: Date �' . � �G'i� Adoption Certified b�� ouncil Secr ary By: j. � ,� Approved by n or: at ��` ¢ By: /�� �G� 3039525 Requ ed by D ent of Public Works: ^ Pub ic Works - Director,�� By: Office of inancial Services - Director V.� s � V����� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � P�f�! — Public Works Contad Person & Phone: Bob Novak 266-8863 Must Be on Council Agend 23MAY-07 Doc. Type: RESOLUTION E-Document Required: N Document Contact: Contact Phone: Total # of Signature Pages 09-MAY-07 � Assign Number For Routing Order (Clip Ali Locations for Signature) Green Sheet NO: 3039525 3 ivaucial Services inancial Services D'u 4 a or's o�ce I 5 ouncil i 6 i Clerk C' Clerk 7 ablic Works Bob Novak Approve compensation for property rights needed to improve Maryland Ave. at the intersection of Rice St. idaiions: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for Uis depariment? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No 6cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Because of long-standing safety concems, the Department of Public Works has determined there is a need for exclusive left turn lanes and left tum signal arrows for traffic along easstbound/westbound Mayland Ave. at Rice Sireet. The building is currently vacant and is the opportune time to acquire i� Advantages If Approved: The intersection will be improved for vehicular and pedestrian traffic and Improvements can proceed as planned. Disadvantages If Approved: Encroachments on private properties. Disadvantages If Not Approved: Project can not proceed as planned. and the intersection will continue to be a traffic concem as faz as safety �• Trensaction: $430,000 Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: y Activity Number. C07 " ^ �:-00000 ��� RECEIVED as►g�.-� �g ���� MAY g 5 2007 � � � ..,__.- ------ .►1.`l'.�� May 9, 2007 2:17 PM Page 1 ��-��� CITY OF SAINT PAUL PURCHASEAGREEMENT I. Date: 2. Location of the Real Estate: 1099 Rice Street � Saint Paul, Minnesota 55104 3. Legal Description of the sale property: Lot 1 and 2, Block 1 Brayton's Second Division 4. a) Name and address of Buyer: Citv of Saint Paul — Public Works/Real Estate 1000 Citv Hali Annex - 25 West Fourth Street Saint Paul, Minnesota 55102 b) Name and address of Seller: Jefferv S. Rauschnot 1940 Elm Street _ White Bear Lake, Minnesota 55110 5. Agreed Purchase Price: $430,000.00 6. Real Estate Taxes: Property taxes payable in 2007 shall be pro-rated to the day of closing. The seller will pay outstanding assessments, delinquent taxes and liens on the property, any outstanding amount will be withheld from the purchase price. The buyer shall pay all future property taxes. 7. Conveyance: Seller shall convev marketable fee title to the Citv by Warranty Deed. 8. Seller shall provide the City, within seven days of signing this Purchase Agreement, an Abstract of Title and/or an Owner's Duplicate Certificate of Title. Seller agrees, at Seller's cost and expense, to correct or remove any exception or "clouds" on the title as shown on the Buyer's "Commitment to Insure" title examination report. 9. Closing shall occur within 90 days following execution of this Purchase Agreement, at which time the title to the premises shall be conveyed to the City. The Closing date may be postponed and rescheduled by mutual agreement of the parties hereto. The City shall pay all closing costs. 10. City agrees to honor any and all claims to relocation benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. The City's consultant, Conworth, Inc., will assist with the relocation benefits to which Seller is entitled. e�-���— 11. Seller shall provide an affidavit on the date of closing, indicating that the Seller has not used or permitted the use of the subject property as a hazardous waste disposal facility as defined in section 115A.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 hazardous substance, hazardous waste, pollutants of contaminants as defined in Section 1156.02 of the Minnesota Statutes. 12. All warranties and representations made in this Purchase Agreement shall survive the closing and the conveyance of title to the property. This Purchase Agreement and all obligations provided shall, to the extent not fully satisfied and performed by or through the Closing, survive the closing and the conveyance of title to the property. 13. This Agreement is subject to approval by the St. Paul City Council. SELLER: � � � � � � � �`�� Date: y 3b O R \