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10-724Council File # 10-724 Green Sheet# 3115204 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION OF Presented by PAUL, MINNESOTA � WHEREAS, on May 21, 2008 the City Council approved Council File Number 08-538, a Final Order authorizing acquisition of right-of-way property rights necessary to realign the intersection of Rose Avenue and Clarence Avenue; and WIIEREAS, the City has secured an agreement for the purchase of permanent and temporary easements on, over, under and across a pazcel of land whose address is 1388 Maryland Avenue; and WHEREAS, the City has agreed to pay Nineteen Thousand Six Hundred Fifty Six and 00/100 Dollars ($19,956.00) for said easements, this being a fair and reasonable value as detemuned by an appraisal and negotiated and agreed to between the City and property owner; and WIIEREAS, the Real Estate Manager has recommended purchase of said easements at the agreed- upon value, plus other considerations as outlined in the Purchase Agreement attached hereto as E�ibit A; NOW, THEREFORE BE IT RESOLVEq that the Mayor and Council of the City of Saint Paul do hereby approve said Purchase Agreement and accept said temporary and permanent easements in a form and content substantially as set forth in Exhibit B attached hereto; and fiuther authorize and direct the proper city officials to pay the property owner (McDonald's Corporation) the above- listed amount, said sum to be charged to Acfivity Code C08-2S 148-0788-00000; and to record said permanent easement with Ramsey County and pay all recording costs. Bostrom Carter Hazris Thmme Yeas ✓ ✓ Requested by: By: Approved �t By: Approved by C Attl�ne�y - BY� i`!1/cSG(,. `�J • �,I� Adopted by Council: Date '//�/o?d/d Approve by Mayor for Submission to Council Adoption Certifie � by Coun ' Secretary By. BY � ___-!/% / L( % � dn Approv�a Date 7 l 2-�l a BY� CAi7 � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green St�ge� ��,��o��,�. oa��nrt,a�. Green Sheet NO: 3115204 FS — Financial Services 14 JUN 2010 �_/ Co�ct Person 8 Phone: �oartrnent Sent To Person InitiallDate �� Bob rrovak o m�c�l Smices 0 6-8863 � 1 Attome Ci At[o - Lisa ___�� 2 blicWorla. - n De ar[meotDirector Must Be on Council Agenda by (Date): Number 07JUL-10 For 3 manciai Services OFS D'uector Routing 4 a or's016ce Ma odAssis6at pp� T�. RESOLUTION WI$ Order 5 oanc0 Ci ComN �TRANSACTION 6 ' Clerk Clerk E-0ocumeM Required: Y Docume�rt ConGct: Contaet Phone: Total # M Signature Pages _(Clip All Locations for Signature) Action Requested: Approve compensafion for property rights needed to realign Rose Ave. and Clarence Ave. This project was approved by Final Order CF 08-538 8/21/08 Recommendations: Apprwe (A) or Rejed (R): Personal Service Contracts Must Mswerthe Following Questions: Planning Commission 1. Has this personlfirm ever worked under a contrad for ihis departrneM? CIB Committee Yes No Civil Serv�ce Commission 2. Has this personlfirtn ever 6een a dty employee2 Yes No 3. Dces this persoNfirtn possess a skiil not normaily possessed by any current city employee? Yes No Explain all yes answers on separste sheet and attach to green sheet. Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): As a part of the realignmenk easements were needed to make the intersection line up with the enterence to the new G�b Foods. The McDonald's Corporntion ganted a Right-Of-Entry Pernut to get the project moving, and have now sent in the signed Purchase Agreement and Easement document to close out the project AdvanpgeslfApproved: The project will be complete Disadvantages If Approved: nono / Disadvanpges H Not Approved: The CIry would be encroaching on private properiy. Total Amount of TrsnsaMion- $ 19 � 956 . 00 CostlRevenue Budgeted: Y Funding Source: Municipal State Aid Funds (MSA) pctivity Number: C08-2S148-0788-00000 Financial IMormation: ��'�� (Explain) June 16, 2010 9:42 AM .{�� i %� AEf 4� Page 1 � � � � 10-724 .I�'�:iic�iTl � � � 10-724 C �-� �,'��i�' f3 CITY OF SAINT PAUL PURCHASEAGREEMENT Date: February 12, 2010 PiopeRy AddreSSl388 Mar�land Ave. Saint Paul. Mlnnesota 55106 General Easement Area: Permanent - The southerly 44.7 feet of that part of the northeast quarter of the northwest quarter of the northwest quarter of Section 27, Tier 29 North, Range 22 West, Ramsey County, Minnesota, which lies northwesterly of Prosperity Avenue and easterly of Clarence Street, more particularly described as follows, and as depicted on Exhibit A attached hereto and made a part hereof (the "Premises"): Commencing at the northwest comer of said Section 27; thence south 89 degrees 59 minutes 51 seconds east along the north line of the northwest quarter of the northwest quarter 694.88 feet to its intersection with the northerly extension of the easterly right of way line of Clarence Street; thence south 0 degrees 13 minutes 48 seconds east along said easterly right of way line 373.67 feet to the point of beginning of the property to be described; Yhence south 0 degrees 13 minutes 48 seconds east 44.70 feet to the intersection of said easterly right of way line and the northwesterly right of way line of Prosperity Avenue; thence northeasterly along said northerly right of way line north 34 degrees 12 minutes 56 seconds east 54.20 feet thence south 89 degrees 46 minutes 12 seconds west 30.66 feet more or less to the point of beginning. Temporary term July 15, 2008 thru December 15, 2009 and 2 weeks in Spring of 2009 ] 0 feet Nor[h of permanent easement referenced above and shown on Exhibit A. 4. Name of Buyer: City of St. Paul Name of Seller: McDonald's Corporation, a Delaware corporation 5. Agreed Price for Easements: Permanent $19,646 Temporary $310 Total $19,956 6. The City of St. Paul will agree to waive the fee for the vacation of surplus Prosperity St. right-of- way should McDonald's Corporation decide to petition to have it vacated after the project is completed. This Agreement is subject to approval by the St. Paul City Council. DocumentH:788091-v1 as_C�P(ZPo��rcorl � a�elo..,�o-h._ �C°�`� By: � ' Date: f�4�EKtr � GR+F��, �PReS��Ea B BiTYER: � By: � Mayor By: Director Financial Service B City Clerk City Attorne (FOxm Ayproval) Date: Dat Dat Date: 1 r r 10-724 10-724 C ( l , r � `1 �X � � 6�. GRANT OF EASEMEIVT FOR RIGHT-OF-WAY AND UTILITY PURPOSES McDonald's Corporation, a Delawaze coiporation ("Grantor") Grantor, for good and valuable considerntion, to it in hand paid and the receipt of which is hereby acknowledged, does hereby convey to the CiTy of Saint Paul, a municipal corporation of the State of Minnesota, its successors and assigns, as Grantee, an easement described as follows: The southerly 44.7 feet of that part of the northeast quarter of the northwest quarter of the northwest quarter of Section 27, Tier 29 North, Range 22 West, Ramsey County, Minnesota, which ]ies northwes[erly of ProsperiTy Avenue and easterly of Clarence Stree[, more particulazly described as follows, and as depicted on Exhibit A attached hereto and made a part hereof (the "Easement Area"): Commencing at the northwest comer of said Section 27; thence south 89 degrees 59 minutes 51 seconds east along the north line of the northwest quarter of the northwest quarter 694.88 feet to its intersection with the northerly extension of the easterly right of way line of Clazence Street thence south 0 degrees 13 minutes 48 seconds east along said easterly right of way line 373.67 feet to the point of beginning of the property to be described; thence south 0 degrees 13 minutes 48 seconds east 44.70 feet to the intersection of said easterly right of way line and the northwesterly right of way ]ine of Prosperity Avenue; thence nor[heasterly along said northerly right of way line nor[h 34 degrees 12 minutes 56 seconds east 54.20 feet; thence south 89 degrees 46 minutes 12 seconds west 30.66 feet more or ]ess to the point of beginning. To have and to hold the same forever. Grantor does covenant that it is we11 seized in fee of the ]and and premises aforesaid, and has good right to convey the same free of al] encumbrances. That Grantor also covenants that the above granted easement is in the quiei and peaceable possession of the Grarrtee. Grantor 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 ageed that this agreement shal] be a covenant running with the ]and and shall be binding to the fuliest extent of the law and equity for the benefit of the public. It is fitrther intended and agreed that this agreement and covenant shall remain in effect without (imitation as to time. Grantor shall assume all risk and liability for itself, its agents or employees for any injury to persons or property resulting in any manner from the conduct of its own operations and operations of its agents or employees within the Easement Area, and for any loss, cost, damage, or expense resulting at any time from failure to exercise proper precautions, of or by itself or its own agents or its own employees. Grantor shal] not be responsible for any injury to persons or property resulting in any manner from the conduct of Grantee's operations and operations of its agents or employees within the Easement Area, or for any ]oss, 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 liability of Grantee shall be governed by the provisions of the Minnesota Municipal Liability Tort Act, Minn. Stat. §466.04, and other applicab(e law. DocumentH ]88�95-v1 10-724 SEE ADDENDUM ATTACHED HERETO AND MADE A PART OF THIS GRANT OF EASEMENT. IN TESTIMONY WHEREOF, Grantor has caused this deed to be executed in iu corpomte name by its duly authorized officers, and attested to this day of February, 2010. ATTEST: �� SUBSCRIBED and S WORN TO before me this )��h day of February, 2010. Public Department of Public Works Techniwl Services Division - Real Room 1000, Ciry Hall Annex zs w. am st. SL Paul, MN 55102 McDonald's Corporation, a Delaware co ration By�c� ' '. � CaYherine A. Griffin; Vice� esi ent � OFFICIAL SEAL KIMBERLY E CALABRESE Np7pItY pUgIIC-$7AiE pF ILLINOIS MY COMA11551ON E�WE5:072&12 10-724 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2008, by and between McDonald's USA LLC, its successors and assigns, Crrantor(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 (Exhibit "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 limited 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 at1388 Maryland Ave. in Saint Paul, Minnesota. This easement shall begin on 15 day July, 2008 aud expire on the 15 day of December, 2008 plus 2 weeks in the Spring of 2009. B Y— State of Minnesota 1 Its: County of Ramsey � ss anrl IYS: The foregoing instrument was acknowledged before me this day of , 2007, by N07ARIAL STAMP OR SEAL (OR OTHER T11T.E OR RPNK) THIS INSTRUMEIV't WAS DRAFTED BY (NAME & ADDRESS) The City of Saint Paul Department of Public Works Technical Services Division - Real Estate Room 100Q City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 Grantor(s). 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