08-1363Council File #_�
Green Sheet # 3064960
1 WHEREAS, the City of Saint Paul ("City"} is seeking to acquire a permanent right-of-way easement on,
2 over, under and across a pazcel of land whose address is 615 IIrake Street, Saint Pau1; and
WHEREAS, said easement is necessary to permit the City's ongoing maintenance, repair and
reconstruction of a portion of Drake Street south of Watson Avenue; and
WHEREAS, the City has conducted a real estate appraisal to establish the fair market value of said
easement; and
10 WHEREAS, the Acting Valuation & Assessments Engineer has recommended the purchase of said
11 easement at the appraised value, and the value has been accepted by the properry owners; and
12
13 WHEREAS, the property owners haue executed a Deed of Dedication of Easement for this purpose,
14 attached hereto as E�ibit A; now, therefore be it
15
16 RESOLVED, that tha Mayar and Council of the CiTy of Saint Paul accept said easement and direct and
17 authorize the proper City officials to record same with Ramsey County and pay all applicable recording
18 fees; and to pay to the property owners Eighteen Thousand Fow Hundred Fifty-Six and 00/100 Dollars
19 ($18,456.00), said sum to be chazged to Activity Code C08-2T562-0789-29277.
Bostrom
Yeas Na s Absent Requested by Department of.
'/ 1 Pub cs
✓ � BY� /
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� Approved by the Office of Financial Services
AdopYed by Council: Date ��
Adoption Certified by Council Secretary
BY� �iij
Approved by Mayor: ilDate «LcZ �/�pa �
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N/A
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departrnentlptfice/Council: Date InRiated: -
PW_PublicWorks OrrDEG08 Green Sheet NO: 3064960
ConhM Person & Phone: Departrnent Sent To Person InitiaVDate
BNceE0p61bf2kt y 0 bGcWorks BruceEnelbrekt $1$ +
266-6854 7 ubGc Works Tech Srva Div M 12 � Gy
� 2 ubGc Works De arlmeot D'uector f��r �
Must Be on Councit Agenda tiy (Date): Number 3 ' Attome CLad Stanl � �
17-DEC-08 For
- RouEng 4 a or•s Office Ma •odAssistsnt
Doa Type: RESOLUTION Order 5 ouocu 0
- 6 i Clerk Cti - Clerk
E-Document Required: Y
Document Contact: BNce Engelbrekt
Conpct Phone: 266-8854
Total # of SignaWre Pages _(Clip All Locations forSignature)
Action Requested:
Request Council approval of a resolution authorizing acceptance of a right-of-way easement &om the owners of 615 Drake Street,
and also payment to the owners for said easement.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: �
Planning Commission 1, Has this persoNfirm ever worked under a contract for this depariment?
CIB Committee . Yes No -
Civil Service Commission � 2. Has this persontfirm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill nol nortnally 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):
During reconshuction of Drake Sfreet as part of the SeventhBay RSVP Project it was detemiined that a smal( podion of the street
right-of-way was located on private property (2,307 sq ft). Subsequent Gtle reseazch revealed that the City had not had an easement
for the street nrior to its reconstrucrion in [he same location, 'T'he C�ty now mnsr *�nrchase a right-of-way easement from the private
property owners.
Advantages If Approved:
The Ciry will have the necessary easement rights to maintain, repau and reconstruct the podion of Drake currently located on priva[e
property.
Disadvantages If Approved:
None, but the City will need to pay the property owners for the value of the easemenk Sufficient funding remains in project accounts.
DisadvanWges If Not Approved:
The City will not Lave the easement rights for its improvements located on private property and the property owners will not be ,
appropriately campensated for the City's use of their land.
Total Amount of '
Trensaction: $ 18 • 456 . 00 CostlRevenue eudgeted: Y
Funding Source: 2008 RSVP PfojeCt Funds pc{ivity Number. C� � zT 7wZ o7g y_ aq z�7
Financial Information: �
(Explain) '
December 5, 2008 425 PM Page 1
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DEED OF DEDICATION OF EASEMENT
FOR RIGHT-OF-WAY PURPOSES
J. James
Crrantor, for good and valuable consideration, to them in hand paid and the receipt of
which is hereby acknowledged, 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
non-exclusive permanent easement for right-of-way purposes over, under and across the
following tract of land being in the County of Ramsey, State of Minnesota, described as foilows:
The north 48 feet of the east 30 feet of Goverrunent Lot 1, Section 11, Township 28
North, Range 23 West, EXCEPT that part lying southwestezly of a line extending from a
point 37 feet southerly of the north line of said Government Lot as measured along the
westerly line of said east 30 feet, to a point on the southerly line of the north 48 feet of
said Govemment Lot being 9.00 feet westerly of the east line thereof.
�
That part of the wesferly 33 feet of Lot 8, Auditors Subdivision No. 45 which lies
northerly of a line pazallel with and 48 feet southerly of the north line of said Auditors
Subdivision No. 45 and its easterly extension.
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 Crrantor also covenants that the above granted easement is in the quiet and peaceable
possession of the Grantee. ('rraiitor will warrant and defend against all persons lawfiilly claiming the
whole or any part thereof, subject to encumbrances, if any, hereinbe£ore menfioned. It is intended
and agreed that this agreement shall be a covenant ruru�ing with the land and shall be binding to the
fuliest 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 limitaYion as to time.
D�' J�
IN TESTIlVIONY WI�REOF, Grantor, �� V UtY1�S 0.� G{ IZOSE: �'� W A I 5 h
a underthelawsof ,hascausedthis
deed to be executed in its corporate name by its duly authorized officers, and attested to this
'J day of ��C���j�r , 2008.
By � r � , ..�
Its ���e�r'
And \ /��2 /���c����..
Its �-u�r��J
STATE OF MINNESOTA
COUNTY OF RAMSEY
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The foregoing was aclmowledged before me this 5 '" day of �Lpx , 20�8
bY ���4�'rie S 1;'�G1�511 and �tJSe �,� . �/�J� �S h
the
of
� MARY ROSE LANGVEIN
� ; r Notary P�blic-Minnesota
�'; .: `� MY Canmission Evpires Jan 31. 2010
This Instrument was drafted by:
Department of Public Works
Technical Services Division - Real Estate
Room 100o, City Hall Annex
25 W. 4`� St.
St. Paul, M1V'S5102
and
�..e a�
G:�Assessment Service Charges�RSVP@008�I9034 - 7th-Bay�Drake St Easemeot - document.DRAFI.120308.doc
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SKETCH AND DESCRIPTI�N ❑F
DRAKE STREET EASEMENT AREA
PR�P�SED EASEMENT AREA = 2307 SQUARE FEET
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SCALE; 1 INCH = 20 FEET
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EXTSTING
N�RTH LINE ❑F
GOV'T LOT 1
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33
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N�RTHEASTERL
flF LOT 8
AUDITdRS SUB,
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EXISTING F'ENCE—� I '"��
� ST LINE ❑F��
GOV'T L�T 1 �
The �orth 48 feet of the east 30 feet of Govemment Lot, 1 Section 1 i, Township
28 North, Range 23 West, EXGEPT thaf part IyiRg southwesterly of a line
eatending from a point 37 ieet southerly of the north line of said Government Lot
as measured along the westeriy line of said east 34 feet, to a poini on the
southerlyline of the north 48 feet of said Government Lot being 9.00 feet
westerly of the east line thereof.
And
INE
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That paR o( the wester(y 33 (ee# of Lot 8, Ruditors Subdivision No. 45 which lies
northerly of a line parallel with and 48 feet southeriy oi the norih line of said
Auditors Subdivision No. 45 and ifs easteriy e�ctension. �n�+�+ �r� sn� rm• �, moe