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10-422Presented by Council File # 10-422 Green Sheet # 3106296 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 7� �'�- - " � --�-� 1 WHEREAS, on August 19, 2009 the City Council approved Council File Number 09-903, a Final 2 Order authorizing acquisition of right-of-way property rights necessary to construct a left-tum-lane 3 and signalization project along Maryland Avenue West at the intersection of Rice Street; and 4 5 WIIEREAS, the City has secured two agreements for the purchase of permanent and temporary 6 easements on, over, under and across two parcels of land whose addresses are as follows: 90 West 7 Maryland Avenue and 99-121 West Maryland Avenue; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WIIEREAS, the City has agreed to pay Thirteen Thousand Six Hundred 00/100 Dollars ($13,600.00) for said easements, this being a fair and reasonable value as determined by an appraisal and negotiated and agreed to between the City and property owners; and WHEREAS, the Real Estate Manager, has recommended purchase of said easements at the agreed- upon value, plus other considerations as outlined in the Purchase Agreements attached hereto as E�ibit A; NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby approve said Purchase Agreements and accept said temporary and permanent easements in a form and content substan6ally as set forth in Exhibit B attached hereto; and fiuther authorize and direct the proper city officials to pay the properry owners the above-listed amount, said sum to be charged to Activity Code C08-2F042-0788-00000; and to record said permanent easements with Ramsey County and pay a11 recording costs. Boshom Carter Hatris Helgen Stark Thune Absent Requested by: By: � Approved� BY� � i Adopted by Council: Date Adoption Certified by Coi eil Secretary B ,� � i Approved aylA ' Date S Zti 6 By: l�flG �g ApprovedJ�y�ty A,itomey " BY _ �.rf/ �/�,, �— Z 2— l U Approved by Mayor fo / r Subm' sion to Council BY� /C1.��, � ,4'" SQ�� / d3 � e, � Green Sheet Green Sheet 10-422 Green Sheet Green Sheet Green Sheet Green Sheet � Departrnentl�ce/COUncil: Date Initiated: FS _FinanaalServices o$,�R2Q,o . Green Sheet NO: 3106296 Conpd Person & Phone: De�artrnent Sent To Person InitiaUDate Bob Nrnak y o �� m� � 266-8863 1 btic Worlo De artment D'uMOr �{' Assign 2 Attom C' Altorne —1 �N Must Be on Couneil Agenda by !Date): Number 3 maneial Services OFS Direc[or �� 28-APR-10 For �� Routing 4 or'sOifice Ma odAssistant Doa Type: �SOLUTION W/$ Order 5 oanc0 CS Coanc� � TR4NSACTION 6 ' Clerk ' Cterk E-DocumeM Required: N DocumeM Contact: Crntaet Phone: Total B of Signature Pages _(Clip All locations for Signature) Action Requested: Approve eompensafion for properry rights needed to improve Maryland Ave. at the intersection of Rice St This project was approved by final order CP09-903 8/19/09 Recommendffiions: Approve (A) or Reject (R): Personal Service Contracts Must Answer fhe Following Questions: Planning Commission 1. Has this persoNfirm ever xro�iced undera contrad for this department? CIB Commiitee Yes No Civii Service Commission 2. Has this persoNfirtn ever been a dty employee? Yes No 3. Dces this persorJfirm possess a skill not nortnally possessed by any curtent caty employee? Yes No Explain all yes answers on separete sheet and attach to green sheeS. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): As a part of the reconstruction these easements aze needed for the widening and adding of left hun lanes on Maryland. Advanfages If Approved: The intersection will be unproved for vehicular and pedestrian traffic and improvement can proceed as planned. DisadvaMages If Approved: Enctoachments on private properties Disadvanfages If Not Approved: Pmject cannot proceed as planned and the intersection will conrinue to be a traffic concem Total Amount of $13,600.00 CostlRevenue Bud eted: Y � Transaction: 9 Funding source: Ramsey County Funds pctiviry Number. C08-2F08�2 �� Financial IMOrmation:" � - {Explain) . j � `7 � 1 � . L � s . r� April 13, 2010 9:04 AM Page 1 10-422 City of Saint Paul Memorandum Ta Margaret Kelly From: John McCarthy, Budget Analyst Subject: GS# 3106296 - Maryland Ave/Rice Street Intersection Property Easements Date: Apri120, 2010 Attached is a resolution from Public Works requesting approval to compensate property owners for easements required for the Maryland Ave / Rice Street Intersection project. These costs are included in the project budget, which will be financed through a mix of MSA and Ramsey County revenue. All costs associated with compensating property owners will be reimbursed by Ramsey County. OK to sign. 10-422 F��°�� CITY OF SAINT PAUL PURCHASE AGREEMENT 2. Date: C� Property Address 90 Marvland St., Saint Paul. Minnesota 55117 General Easement Area: Temporary - That part of the following shown on attached Map: Permanent Easement (30 Sq. Ft.) A permanent easement for right of way purposes over that part of Lot 3, Block 2, STINSON'S RICE STREET ADDITION to the City of Saint Paul, Ramsey County, Minnesota, lying northerly and easterly of a line rnnn;ng from a point on the west line of said Lot 3 being 2.01 feet southerly of the northwest wrner thereof to a point on the north line of said Lot 3 being 30.12 feet easterly of the northwest comer thereof. Term of temporary easement eighteen months, from June 1, 2010 through December 1, 2011 4. Name of Buyer: City of St. Paul Name of Seller: Gregory & Jaqueline Powell 91 Maryland Ave. W. Saint Paul, MN 55117 5. Agreed Price for Easement: The compensation amount is broken down as follows: Value ofthe Permanent Easement ( 30 sq. Ft.) Value of the Temporary Construction Easement (500 Sq. Ft) Site Improvements —(Fence in Temp. Easement) Total Estimate of Market Value $ 700 $ 900 $1,500 $3,100 6. Buyer will inform the Project Manager for Ramsey County Public Works Department to contact Seller before conshuction in order to view and photograph the Sellers house in regard to the concerns the Seller has about possible damage caused by the project. 7• This Agreement is subject to approval by the St. Paul CiTy Council. io-az� SELLE ^ O � ��/J�� /f / BY� L��i;GC�C,Gti(-C t�� By: ,� J BUYER: By: By: By: Mayor or Deputy Mayor Director Financial Services City Clerk City Attorney (Form Approval) Date: �/U /� Date: �/ �/ /C� Date: Date: Date: PARCEL 8 � Permanent Easement = 30 S.F. � Temporary Easement = 500 S.F MARY�AND AVENUE EXISTING R � ► ��'� � -�= � f� "F,�7'��" • �k •cTE � i LIMITS i � 3 BLK 2 � �'S RICE ST AD �ITION ��11 � PARCEL 8 PLAN VIEW Sheet 1 SCALE IN FEET 0 30 60 � 1 10-42� CITY OF SAINT PAUL PURCHASE AGREEMENT 2. � Date: � � �a IO Property Address 99-121 Marvland St.. Saint Pau! Minnesota 55117 General Easement Area: Temporary - That part of the following shown on attached Map: Permanent Easement (72 Sq. Ft.) That part of Lot 22, Block 7, WIFELBURG HILLS, City of Saint Paul, Minnesota, lying southerly and westerly of a line rumiing from a point on the south line of said Lot 22, being 12 feet easterly of the southwest comer thereof to a point on the west line being 12 feet northerly of the southwest comer of said Lot 22. Term of temporary easement eighteen months, from June 1, 2010 through December l, 2011 Name of Buyer: City of St. Paul Name of Seller: Mark Hom Horn MN LLC 18224 84�' Place W. Edmonds, WA 98026-5334 5. :'� Agreed Price for Easement: The compensation amount is broken down as follows: Value of the Permanent Easement (72 Sq. Ft.) $1,400 Value of the Temporary Construction Easement (2,077 Sq. Ft) $4,400 Site Improvements —(I,oss of 6 trees in Temp. Easement) $4,700 Total Estimate of Market Value $10,500 Buyer will replace with cement the azea that has landscape rocks near the entrance to the Walgreens building. (Approximately 37 feet x 8 feet) 7. This Agreement is subject to approval by the St. Paul City Council. 10-42�. SELLER: � �-' �%��_'`- By: �� BY: �t.�.�..�i �. I7"t/Z-L-- Date: �� BiJYER: By: Mayor By: Director Financial Services I: City Clerk �� Date: ` � a 0 /� 5� Date: Date: Date: City Attorney (Form Approval) r �` � � Y � J O m O O N � �� N II F w o a � J h � li N � � J O m O O N � �� N �� W � a H J r � � � J � O m o 0 � N N II w II 0 � H J r � � � Y � J O m o0 N N II II � w 0 � H J r �� w �; � J J a ° � U II II Q w > a w W ~ � � � w � � J J � � a � U il II a W � � W � ~ n � � N � J N � m � I� � N II N II � w O � � � �� -� i� O I � W N I � II � a �i � � W d W i F- � � � � =; �Jane'3ew. ��/ <re_zto� /�'�� ; ---- -- _------------ � ' S .L.. 98633]'v � � c r�< ez io� , � � N �. I� � ' J � p � 0] O O N � - I _ _-- - _ — � II sr� �. sare��d�a '� N w �� c v�e ¢ �o, I ~ d w O ' J ~ � ! n � � � _' _ / Y (n � - snr �ene�3:v+ � -� O �..� c��s ez io i' d7 O O � N N II r II j W w �— F— n w i (�; �� -- p � � , - -- - - sniN �anerew � , c :ne ez io, Li � � =t L� Y? V7 � � I � J � O � O7 O O N � ___ ._- _____-_____- '_- - - ' _ — � II ' s�uH �ane��a��n� � II i c h�s sz ioi � w � , O � J � I� r' � � � , I - - - ---- --- ------- —�- � i , snui �aae�3a�n � i i � [ v�9 fz AOl � � i Z � I _ �y � �_- _- -_'__-__ " _'- _ _'_-__'-_ r _ 7 _ ,_- __ � . � • . ,- _ _, ___.._ _.__ i I � , , I �' I � �� i, i; � � , ; .� ' ' ' - I �� ` • u i � Y S i � � �� T V' � d . r�� '9 y i 0(J I m U i N J I m � m o I L � r n � �.. � W � � ' N R` O. I'O ° m , c � °"' i o� ' o� ow � � � � � � � , - 3 � , 3 - 3 , � i �, � : � �� ' � �' j � � I tt3 �� _ _ �- '_ -. l��J1S ��12� � Z H � � � � Z H N X w 0 � w � Z p _ � w Q U N 0 W � z W � Q � z Q J r � Q � .l ,� c c � N � � � � W W � � T N O � O O Q � �� Q. � � � W � � Z � Q � J L d m � � W U � Q � ,��;b �'� � TEMPORARY CONSTRUCTION EASEMENT 10-42� �'l�.�c� c�n THIS INDENTURE, made this � day of -��tn , 2010, by and between Jaqueline Powell and Gregory Powell, its successors and assigns, Grantor(s , and the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, its successors and assigns, Grantee, for good and valuable consideration, to the Grantor it in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey unto Grantee a Temporary Construction Easement over, under and across the real property depicted on the attached map (E�ibit "A"). It is fiirther understood and agreed that Grantor does hereby convey to the Grantee the above described easement for certain purposes including but not limited to enhy, operation, sloping, grading and the clearing and storage of materials in conjunction with and during the construction of the re-aligning the intersection of Rose Ave. and Clarence Ave. as it affects Grantors property located at 90 Maryland Ave. in Saint Paul, Minnesota. This easement shail begin on lst day June, 2010 and expire on the lst day of December, 2011. State of County of � ss /� �/� $ � C, L G'le`C-� Its: and l��iGLl.�[ � �Z� Its: The foregoing instrutnent was acknowledged before me this T N day of �(! N ��, , Grantor(s). NOTAR[AL�7' _' �'��RIYIVV�1111V�) i � _ • - NOTARY PUBIIC • MINNESOTA :�:.` MYCOMMISSIONIXPIRES113112011 -.-S16P7'A1' OF PERSON TAKING ACKNOWI.EDGMENT THIS INSTRIIMENT WAS DRAFI'ED BY (NAME & ADDRESS) The City of Saint Paul Office ofFinancial Services Real Estate Section Room 1000, City Hall Annex 25 West Fourth Sueet �Saint Paul, Minnesota 55102 10-42t RecordedRegistrar Use) DEDICATION OF EASEMENT FOR RIGHT-OF-WAY PURPOSES Jaqueline & Gregory Powell, as Grantor(s), for good and valuable consideration, to them in hand paid and the receipt of which is hereby aclaiowledged, 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 right-of-way purposes on, over, under and across the following tract of land being in the County of Ramsey, State of Minnesota, described as follows: A permanent easement for right of way purposes over t6at part of Lot 3, Block 2, STINSON'S RICE STREET ADDITION to the City of Saint Paul, Ramsey County, Minnesota, lying northerly and easterly of a line running from a point on the west line of said Lot 3 being 2.01 feet southerly of the northwest corner thereof to a point on the north line of said Lot 3 being 30.12 feet easterly of the northwest corner thereof. To have and to hold the same forever. The Grantor(s) 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(s) also covenants that the above granted easement is in the quiet and peaceable possession of the Grantee. The Grantor(s) will warrant and defend against all persons lawfully claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement shall be a covenant nuuiing with the land and shall be binding to the fullest e�ctent of the law and equity for the benefit of the public. It is fixrtl�er intended and agreed that this agreement and covenant shall remain in effect without limitation as to time. 10-42i. IN TESTIMONY WHEREOF, Grantor(s), � � r�E �� a under the laws , has(ve) caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this�_day of 2p1p, ��Op By � Its B y OZZ�f�t Its STATE OF MINNESOTA � COLTNTY OF RAMSEY ss �o�v The foregoing was acknowledged before me this �day of �Q�� ,�- b Y la/1e9��Nl�AV 011�e�! and 1 /l�C 1 il%1/NP K(/,/�-,/.L f�� the and V �y �� '-��. MOUA PAO YANG _ NOTARYPUBLIC-MINNESOTA � MY CAMMISSION EXPIRES 113112011 i �- This In O�ce of Financial Services Real Estate Section Room 1000, City Hall Annex 25 W. 4`� St. St. Paul, MN 55102 10-42�r. TEMPORARY CONSTRUCTION EASEMENT p /� THIS INDENTI.JftE, made this o day of �(t t�(� , 2010, by and between Horn MN LLC, its successors and assigns, Grantor(s), and the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, its successors and assigns, Grantee, for good and valuable consideration, to the Grantor it in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Grantee a Temporary Construction Easement over, under and across the real property depicted on the attached map (E�chibit "A"). It is further understood and agreed that Grantor does hereby convey to the Grantee the above described easement for certain purposes including but not lnnited to entry, operation, sloping, grading and the clearing and storage of materials in conjunction with and during the construction of the re-aligning the intersection of Rose Ave. and Clazence Ave. as it affects Grantors property located at 99-121 Maryland Ave. in Saint Paul, Minnesota. This easement shall begin on lst day June, 2010 and expire on the lst day of December, 2011. State of l,l�CtSh �� 1�(� Countyof �n�Y�iGYY1,�Sl�} ss By �� °��"`�` � �^ �� Its: i�/�.ni- �d � ��_____ Its: �� The foregoing instnunent was acknowledged before me this � day of Gl 1��,/1 , 2010, by Grantor(s). � ;� S] � O' P NT CKNOWLEDGMENT Noury Pubqe StHe of WasMn9ton IUITNA flENE POA MY Appoimrtient E�rykea AA�y 10. 2015 THIS INSTRUMENT Wp$ DRAFTED BY (NAWE ,$ ADDRESS) The City of Saint Paul Office of Financial Services Real Estate Secrion Room 1000, City Hall Annex 25 West Fourth Sh�eet Saint Paul, Minnesota 55102 .� �� M (n L� � � � � N r � (n w f� O �� O � II N I m o o Q w �� II � d w N w II � F O � � � J � � � � N i � Y (n O i � Li � p� O O � N � m O O �' w II ! N � ` N II II � � F f � w � d w � � ~ � � vi I J � Q y m O O a � Li N Y tn o � w II r m o 0 0 �� N J N I � I II , � w o a � �� ! J Y� � J O � 07 O O I h �- N II N �� w � � w m � � � ~ ( � �� , � � � �,� \� r Fe �c- � --'-� 98nA3:` � r'a oZ 1G � � , � o��^I- iY�813!LV e A�F L1 !., ,,... i SlilE ��ne�3��h` [ Nif. 9L LC� % w � SI��N 9NP813JM i v�e rz io+ Y s,,,,, �H��,�,r L N�P- bL 101 N w II i i _. s»i1 sanea�un J � 2 w I e Nis cz io� J ~ I � i I � � Z � � F � �- L� � . _ �n U W � (n J J Q O � U II II � w > a w � w � � � J � � J � Q O � U II II � W w � � ~ �'� � � � Y ui N J N h m � r � N II N II � W w o � � � - I I - Y 2 y � ' m C 0 � 4 � ' j'3 � 3 I c �" � g 1��11S ��I�I I o� O 3 � r� ? Ia� x tt � C N T ` 0 I � 9 o"' oLL o� � � 3 � I 3 \ � � 0 w � w � z o M a U � O W � z W > Q � z Q J � � Q � .� ,� c � � � � � � � 0 0 W w a + C � N O C L � 0 � � � � � � a � �� W � Z Q J � � J W U � Q a 10-42g. (Space Above for Recorder/Registrar Use) DEDICATION OF EASEMENT FOR RIGHT-OF-WAY PURPOSES The Horn MN LLC, as Cnantor, for good and valuable consideration, to them in hand paid and the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey to the City of Saint Paul, a municipal corporation of the 5tate of Minnesota, its successors, and assigns, as Grantee, a pern�anent easement for right-of-way purposes on, over, under and across the following tract of land being in the County of Ramsey, State of Minnesota, described as follows: That part of Lot 22, Block 7, WIFELBURG HILLS, City of Saint Paul, Minnesota, lying southerly and westerly of a line runniug from a point on the south line of said Lot 22, being 12 feet easteriy of the southwest corner thereof to a point on the west line being 12 feet northerly of the southwest corner of said Lot 22. To have and to hold the same forever. The 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. The Grantor will warrant and defend against all persons lawfuliy claiming the whole or any part thereof, subject to encumbrances, if any, hereinbefore mentioned. It is intended and agreed that this agreement sha11 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 time. 10-42� IN TESTIMONY WHEREOF, Grantor(s), `�/2/j/ ;�///J/ � L� , a�//9Sy.AiF�irni s'i�f �f' i[ under the laws of 17/�f/�/!i(s jp�/ , has(ve) caused this deed to be executed in its corporate name by its duly authorized officers, and attested to this ��' day of_/?//i''��C/f , 2010. B Y � �Li�Z� < � Its �� BY � �� c �— , Its Q/�-.� �� 3/-�-- �C S �i i v �'Z,� STATE OF�� hc��tii5�� COI7N"I'Y OF� � ss The foregoing was acknowledged before me this ti� day of ��, , n , 2010 b y �'A'��GU �PXZ° `F-C➢� � N� the (� � �'�\ �l,t�'J� i (. and of � (� VYt(1'YtC��i i ��G� This Instrument was drafted by: O�ce of Financial Services Real Estate Section Room 1000, City Hali Annex 25 W. 4�' St. St. Paul, MN 55102 / � NoUry Pu�iC Sttle of iM�sMnptpn RA7NA RENE POp My AppoiMtmeM E�iroi M�y 10, 2013