08-1403Return copy to: bn
Public Works Tech. Services
1000 City Hall Annea
CtTY
Presented
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Council File # l��
Green Sheet # 3065043
RESOLUTiON
SAINT PAUL, MINNESOTA
2 WHEREAS, on July 16, 2008 the City Council approved Council File Number 08-763, a Final
3 Order authorizing acquisition of right-of-way easements necessazy for the reconstruction of
4 Payne Avenue between Bush Avenue and Edgerton Street and
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'WI�EREAS, the City has secured an agreement for the purchase of permanent and temporary
easements on, over, urider and across a parcel of land whose address is 719 Payne Avenue; and
WHEREAS, the City has agreed to pay Forty-Five Thousand and 00l100 Dollazs ($45,000.00)
for said easements, this being a fair and reasonable value as determined by an appraisal and
negotiated and agreed to between the City and property owners; and
WI�REAS, the Public Works Technical Services Manager, acting as the Valuation and
Assessments Engineer, has recommended purchase of said easements at the agreed-upon value,
plus other considerations as outlined in the Purchase Agreement attached hereto as E�ibit A;
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Saint
Paul do hereby approve said Purchase Agreement afid accept said temporary and persnanent
easements in a form and content substantially as set forth in E�ibit B attached hereto; and
fiirther authorize and direct the proper city officials to pay the property owners the above-Tisted
amount, said sum to be charged to Activity Code CPL C08-2E032-0789-00000; and to record
said permanent easement with Ramsey County and pay a11 recording costs.
Requested by Departrnent of:
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j7�1�l.t .LL �/L -
Adopfian Certified by Council Secretary
By: .—�1_/ , IL1t �
Approved by Mayo . Date foz a` a67�
BY� /[1�—n c.ti 1= ry. �
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Form Approvedlll��� t �y
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Form A oved Ma r r S ss n to cil
By:
Adopted by Council: Date ���� �,��J�}�
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
hy t�1.c�
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DepartrnenUOifice/Council: - Date InNiated: V U r ��U�
Pw_P°b'�°W°� o�E�-os Green Sheet NO: 3065043
Contact Person & Pho�• � ����t - Sent To Person InitiaVD
Bob Novak �- ���� y 0 blic Works � f ���
�, n 1 �'ublic Works De arhnent Direc[or ���o�_� �(
2 ' Atto
Must Be on Councii Agenda by (Date): Number 3 or's O ffice Ma od A s s is t a n t
23-DEC-08 - For
Rp��y 4 ouocil -
Dx. Type: RESOUITION Order 5 Clerk 4ti Clerk
E-DxumeM Required: Y
Document ConWCt: .
Contact Phone:
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approve compensation for a permanent and temporuy easements needed foz the reconstruction of Payne ave. from Edger[on to Bush
Ave.
Recommendations: Approve (A) or Reject (R): personaf Service Contrads Must Answer the Following Questions:
Planni�g Commission � 1. Has this person/firm ever worked under a contractfor ihis depariment?
CIB Committee Yes No
Civil Service Commission 2. Has Ihis perso�rm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not rrortnaliy possessed by any
current aty employee?
Yes No
. E�cplain all yes answers on separate sheet and attach to green sheel.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
As a part of the reconstruction these easements aze need to re-align the intersection of Minnehaha and Payne Ave. �
Advanfages If Approved: -
The reconstrucfion will improve safety for pedestrians and vehicles. -
Disadvantages If Approved:
none
Disadvantages If Not Approved:
the City will be unable to make improvement.
Total Amount of
Transaction: $45,000.00 CosURevenue Budgeted: Y
Funding Source: MSA Funds Activity Number: CPL-008-2E032-0789-00000
Financiai Information:
� (Euplain) -
December 11, 2008 1:42 PM Page 1
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CITY OF SAINT PAUL
PURCHASE AGREEMENT
Date: l� /2
2. Property Address 719 Pavne Ave Saint Paul. Minnesota SSI30
General Easement Area:
Permanent - The Easterly 18 feet of Lot 1 Block 3, Irvine's 2 Addition to St. Faut_
Temporary term May 1, 2009 thru October 31, 2010
10 feet Westerly of permanent easement referenced above and (shown on attached map)
4. Name of Buyer: City of Saint Paul
Name of Sellers: Manal Rashad And Kanal Rashad Wife and Husband and Michael F. Drieling A
single person, and Diane E. I,ongville and Terrence Longville, Wife and Husband and Laurie M.
Bauer and Steven Bauer, Wife and Husband,
Agreed Price for all the Easements: $45,000 and to move the sign and lights.
6. The Seller agrees to move sign by May 1, 2009.
This Agreement is subject to approval by the St. Paul City Council.
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BUYER:
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Director Financial Services
City Clerk
City Attorney (Form Approval)
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DEDICAITON OF EASEMENT
FOR RIGHT-OF-WAY AND UTII,ITY pURpOSES
Manal Rashad And Kanan Rashad, Wife and Husband and Michael
F. Drieling A single person, and Diane E. Longville and Terrence
Longville, Wife and Husband and Laurie M. Bauer and Steven Bauer,
Wife and Husband,
Grantor(s), for good and valuable consideration, to them in hand paid and the
receipt of wlvch is hereby aclmowledged, does hereby grant, bazgain, sell and convey to
the City of Saint Paul, a municipal corporation of the Siate of Minnesota, its successors
and assigns, as Grantee, described as follows:
The Easterly 18 feet of Lot 1 Block 3, Irvine's Second Addition to St. Paul.
Ta have and to hold the same forever. Grantor does covenant that it is wel] seized
in fee of the land and premises aforesaid, and has good right to sell and convey the sazne
free of all encumbrances.
That Grantor also covenants that ihe above granted easement is in the quiet and
peaceable possession of the Grantee. Grantor will warrant and defend against all persons
lawfully claiming the whole or any part thereof, subject to encumbrances, if any,
hereinbefore men6oned. It is intended and agreed that this agreement shall be a covenant
muning with the land and shall be binding to ihe 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 time.
Grantor shall assume all risk and liability for itself, its agents or employees foL
any injury to pexsons or property resulting in any manner from the conduct of its own
operations and operations of its agents or employees within the easetnent azea described
above, and for any loss, cost, damage, or expense resulting at any Gme from failure to
exercise proper precautions, of or by itself or its own agents or its own employees.
Grantor shall not be responsible for any injury to persons or properry resulting in any
manner from the conduct of Grautee's operations and operations of its agents or
employees within the easement described above, or for any loss, cost, damage, or
expense resulting at any time from failure to exercise proper precautions, of or by
Grantee or its own agents or its own employees. The liabiliry of Grantee shall be
govemed by the provisions �of the Minnesota Municipal Liability Tort Act, Minn. Siat.
§466.04, and other appIicable law.
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IN TESTIlVIOIVY WHEREOF, Grantor(s7, and
. has(ve) cavsed this deed to be �ecuted in its corporate
name by its duly authorized officers, and attested to this day of
, 2008.
STATE OF MINNESOTA �
ss
COUNTY OF RAMSEY
The foregoing was acknowledged before
By
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This Instrument wu drafted by:
Depaitme¢t of Pu6lic Works
Technical Services Division - Real Estate
Room 1000, CiTy Hall Annex
25 W. 4 St.
St. Paul, MN 55102
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this`�. t` dayof�-`�
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,2008
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GVteel EvmkV cquis�nam�Publ�c Waks\PvmFSmcdoc
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made tlus day of 2008 by and between
Manal Rsshad And Kanan Rashad, Wife and Husband and Michael F. Drieling a single person, and Diane
E. Longville and Terrence Longville, Wife and Husband and Lanrie M. Bauer and Steven Bauer, Wife and
Husband, , its successors and assigns, Grantor(s), and the City of Saint Pau7, a municipal corporation under the
laws of the State of Minnesota, its successois and assigns, Grentee, for good and valvable considerntion, to ihe
Grantor it in hand paid and the receipt of wlilch is hereby acknowledged, does hereby gant, bazgain, sell and
convey unto Grantee a Tempomry Construction Fasement over, under and across the reat properry depicted on the
attached map (Exhibit "A").
It is fiuther understood and agreed that Crrantor does hereby convey to the Grantee the above described
easement for certain purposes including but not limited to entry, operntion, slopiag, gzding and the cleazing and
storage of materials in conjunction with and during the construcUon of the Payne Avenue Paving Project from
Edgerton S4eet to Bush Avenue as it affects Grantors properiy located at 719 Payne Avenue Ia Saint Paul,
Minnesota.
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This easement shall begin on lst day May, 2009 and expire on the 31" day of October, 2010
State of Minnesota �
County of Ramsey ss
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The foregoing instrument was acknowledged before me tlus _ day of 2008,
By Manal Rashad And Kanan Rashad . Wife and Husband and Michael F Drielin A sinele person and Diane E
Loneville and Terrence Loneville Wife and Husband and Laurie M Bauer and Steven Bauer Wife and Husband
Crrantor(s).
xoraewi, srnne ox sFU�ox ar�.emz,e oxu�p
THIS A'SiRUMEN7 Wp9 DRAFIED BY (NAME & ADDRESS)
The Ciry of Saint PaW
Departrnent of Public Works
Technical Services Divisioa - Real Estate
Room 1000, City Hal( Annex
25 West Fourth StreM
SaintPaul,Minnesota 55102
SIGNAS'URE OF PERSON TAKING ACKNOWLEDGMENT
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MINNEHAHA AVENUE -�3� 3�
PLAT
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F, LOT 1 PERMANENT EASEEMNT AREA: 413.6sf
e LOT 1&2 TEMPORARY EASEEMNT AREA: 400sf
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