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01-900 (2) Return copy to: BJE Council File# Real Estate Division 140 City Hall Green Sheet# I I I l 2. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of the Saint Paul Housing and Redevelopment Authority 2 (HRA), as documented in Real Estate Division File Number 04-2001, public properties hereinafter described 3 are hereby vacated and discontinued as public property: and, subject to the herein stated exceptions,the 4 easements within those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 the Alley lying within the plat of Hinken's Rearrangement. 9 10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 11 Saint Paul Legislative Code as amended, and to the following conditions: 12 13 1. That prior to the commencement of any development in the subject area,the developer shall grant to 14 Xcel Energy Company all necessary easements required to serve the resulting development. 15 16 2. That,with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 17 behalf of Qwest Communications, Incorporated, Xcel Energy Company, District Energy St. Paul, 18 Incorporated, MCI Worldcom, A.T. & T. Broadband, Saint Paul Regional Water Services, and The 19 Department of Public Works, made a part hereof by this reference and filed in the office of the City 20 Clerk of Saint Paul, the City, for itself and on behalf of these corporations and departments, waives 21 the right to the utility easements in the vacated area described above. 22 23 3. That the petitioners,their successors and assigns shall, within 60 days of the effective date of this 24 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and 25 shall,within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Yeas Nays Absent Benanav Requested by Department of: Blakey Technology & Management Services Bostrom Coleman Harris By: Lantry Director Reiter Form Appr ed by City Attorney Adopted by Council: Date By: /-11-1 '-- 7' Z v - v ( Adoption Certified by Council Secretary By: Approved by Mayor for Submission to Council Approved by Mayor: Date By: By: \\Tms\vol I\USERS,EngeIo pfi1es\vacate\04.2001.Hinkens.res.wpd S,\1 N T Interdepartmental Memorandum tiftt CITY OF SAINT PAUL AAAA limmor 7(70(01 To: Council President Dan Bostrom 01.4t ORA ( ~ Members of the City Council L.eyaILict . From: Peter White c)W 1 Right of Way Engineer Tkaa 5 140 City Hall Date: July 20, 2001 4051 Subject: TMS-Real Estate Division Vacation File No. 04-2001 I recommend that a public hearing before the City Council be held on August 22, 2001. The purpose of this hearing is to consider a resolution to vacate city alley right of way within the boundaries of Cedar,Charles,Como and Capitol Heights to allow the Housing and Redevelopment Authority, as petitioner, to sell the block for development of 25 housing units. The preferred site plan proposes a building on the portion of the site currently designated as a public alley. This property is located in City Council District 1, Planning District 7. cc: Shari Moore City Clerk's Office 170 City Hall \\Tms\vol 1\USERS\Engel\wpfiles\vacate\042001.Hrg Rgst.wpd ,:... - oe--e• ' tl : - .. ,!"1 -•.. ..':-:: Ssi .Q. .. ii.vi".4....,..... • tv . N \, ,\c,c,\4- . yt.,. • , tz; • • c'•/ -44 i • a ..._, . . 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BUDGET DIRECTOR OFFICE OF FLNANCIAL SVCS. ust be on Council Agenda by: AUGUST 22, 2001 3 MAYOR(OR ASSISTANT) OTAL# OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) • CTION REQUESTED: To approve a petition to vacate the City's interests in a city alley in the State Capitol area described as: the Alley lying within the plat of Hinken's Rearrangement. Reference: 1) resolution; 2) petition to vacate; 3) certified ownership report; 4) map; 5) responses from utilities and city departments. • COMMENDATIONS:APPROVE(A)OR REJECT(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: 1. Has the person/firm ever worked under a contract for this department? YES NO PLANNING CO ISSION A STAFF Z. Has this person/firm ever been a City employee? YES NO i CIVIL SERVICE COMMISSION 1 3. Does this person/firm possess a skill not normally possessed by any YES NO current CIB COMMITTEE employee? Explain all YES answers on a separate sheet and attach. 1.UPPORTS WHICH COUNCIL OBJECTIVE? 'OUNCIL 5 DISTRICT 6 VARD(S) PLANNING COUNCIL NITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why?): The Housing and Redevelopment Authority (HRA), as the petitioner, is preparing to sell the block bounded by Cedar, Charles, Como and Capitol Heights Boulevard in order that it might be developed with 25 housing units. The preferred site plan proposes a building on the portion of the site currently designated THE COUNCIL HEARING ON as a public alley. THIS MATTER IS SET FOR •VANTAGES IF APPROVED: The HRA can sell the property and the development may proceed. AUGUST 22, 2001 •ISADVANTAGES IF APPROVED: None n ISADVANTAGES IF NOT APPROVED: The HRA will be unable to sell the property and the development, as proposed,will not proceed. TOTAL AMOUNT OF TRANSACTION: $0.00 COST/REVENUE BUDGETED(CIRCLE ONE) YES NO II UNDING SOURCE: N/A ACTIVITY NUMBER: N/A 1 INANCIAL INFORMATION:(EXPLAIN) The petitioner is the development authority for the City of Saint Paul. All fees are therefore waived. \\Tms\volt\USERS\Engel\wpfilcs\vacate.\63.2001.Hinkca's.GS.wpd SAINT PA li I. 4 ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE AAAA STREET/ALLEY VACATION City Council Ward # 1 Planning District# 7 File No. 04-2001 PURPOSE To vacate a city alley and release all utility easements in the area described as "the Alley lying within the plat of Hinken's Rearrangement" and bounded by Cedar Street, Charles Avenue, Como Avenue and Capitol Heights Boulevard. PETITIONER Saint Paul Housing and Redevelopment Authority (HRA) HEARING The Council will conduct a public hearing on this vacation on Wednesday, August 22., 2001 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Call 266-8850 and refer to the file number above. City staff will be available from 8:00 a.m. to 4:30 p.m. in Room 140 City Hall to answer any questions on this project. MAP (attached) Notices sent: July 30, 2001 by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 X FHA ✓�1 D til ro d < K O R z 0 0 n Z S ,A) P Z ' 'l) 0 50' 50' 50' 50' 50' 50' C4 .-It '.\D N C° L=J v 1' CJ1 4 ` CAD ZV �-' A gi)H 50' 50' 50' T — 50' 50' 50' 50' 500' CEDAR LEI S T VACATED 11-19-86 DOq----Shp45? 4 1 O 20' 50' 50' 50' 50.05' 49.57' S:4.'' 50' 50' Li 50' ZV CC v I `P = 0 - o w �' V) , ,..._, j61.Op, =NJ 8`Si. a "` w o l,�,J p.,,, • w . 7 pm I ` 151.5' v ■1 1'og 5 `a '' I o co 0 Ay 16904' . 0 6 OD 60 50.17' 50.17' 50' 50' 50' 50' CD N N v �[�T T T 1VI1LLy I-4 Ul W . I 'w t + t0 e I-• 6�. OGj •/ / F�-i w zF� D D O 0 N n < IcOn P O -i Lii 0 Z a' �-{ • rj 1—I n N (0 cs o O o II P --- £ P D Z i Q Z �` o oo ° 0 0 H o U1 D (O o < �y� Z a II z fo Z C� o ,� a s n H o O Z - C7 5 CO A r 1 Z U1 10 0 50' 50' 50' 50' 50' 50' R) Li D N 4, qa y T JJ -- 50' 50' 50' r 50' 50' 50' 50' 50 �0' _ i G DZ c m VACATED 11-19-86 DCC�---*p452 4 G lj �J 1 o r� O 20' 50' 50' 50' CI) 50.05' 49.57' 51u.' 50' 50' Li 50' q) I D�v i I i '..:: CAD � cn ° ~' 61.02, f LI \` v. �° °� r..., lz,19 15L5' ei ❑ p C,• ' .. F--� O? CAD C'E'' o %6,, f)11s :� in I o ti/ ❑ oi /69.0i, �+ 0 OD 6 50.17' 50.17' 50' 50' 50' 50' 6 N " `�u-1. -0 LI,ILIV-3 �W ° J. ,tip W N r63 \ ' "(5..- 0C9 ey 0 , •/ / . F•-i z D N `< CI) O f+ n 3 d- OK N --, fl s S LJ{ C 7 c O rp o Z a S .-- . S F -i S Z II 0 3 P P o -Pt' y o O -O U o o rp r1 o 7C Ls) H 1 CD 0 o < z r Si rii N a CITIZEN SERVICE OFFICE Fred Owusu,City Clerk PASAINT L CITY OF SAINT PAUL 170 City Hall Tel: 651-266-8989 Norm Coleman, Mayor 15 W Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 AAAA rw� October 10, 2001 Linda Murphy Department of Public Works Room 800, City Hall Annex Dear Linda: Please prepare prints showing the vacation of that part of the alley within the plat of Hinken's Rearrangement in the City of St. Paul as fully described in Council File 01-900. Please be advised that the necessary acceptance has been filed. Sincerely, r5V/letu: Shari Moore Deputy City Clerk cc: Valuation Engineer Technology and Management Services File No.4-2001 Return copy to: BJE Council File# e)% •• qb0 Real Estate Division ORIGINAL 140 City Hall Green Sheet# MI 62. RESOLUTION CITY OF INT PAUL, MINNESOTA 49 Presented By Referred To Committee: Date 1 BE IT RESOLVED,that, upon the petition of the Saint Paul Housing and Redevelopment Authority 2 (HRA), as documented in Real Estate Division File Number 04-2001, public properties hereinafter described 3 are hereby vacated and discontinued as public property: and, subject to the herein stated exceptions, the 4 easements within those public properties are hereby released. 5 6 The property to be vacated is described as follows: 7 8 the Alley lying within the plat of Hinken's Rearrangement. 9 10 This vacation shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 11 Saint Paul Legislative Code as amended, and to the following conditions: 12 13 1. That prior to the commencement of any development in the subject area,the developer shall grant to 14 Xcel Energy Company all necessary easements required to serve the resulting development. 15 16 2. That,with the accompanying Utility Easement Certificates of Intended Non-Use, filed voluntarily on 17 behalf of Qwest Communications, Incorporated,Xcel Energy Company, District Energy St. Paul, 18 Incorporated, MCI Worldcom, A.T. & T. Broadband, Saint Paul Regional Water Services, and The 19 Department of Public Works, made a part hereof by this reference and filed in the office of the City 20 Clerk of Saint Paul,the City, for itself and on behalf of these corporations and departments, waives 21 the right to the utility easements in the vacated area described above. 22 23 3. That the petitioners, their successors and assigns shall, within 60 days of the effective date of this 24 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution and 25 shall, within the period(s) specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions. Yeas Nays Absent Benanav ✓ Requested by Department of: Blakey we' Technology & Manage ment Services Bostrom ✓ Coleman ✓ Harris ,/ By: Lantry ✓ Director Reiter ✓ Form Appr ed by City Attorney Adopted by Council: Date ' . S %o♦ By: 1-4-4 e--- ?- Z v ' v Adopti n Certified by Council Secre By: Approved by Mayor for Submission to Council Approved by Mayor: ate /7&el By: _ By: + 4/0t14/1--' \\Tms\volt\USERS\Engel\wpfiles\vacate\0 .2 01.Hinkens.res.wpd CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAI PAUNT L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 illiot Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpaul.gov AMA TDD:266-8509 September 26, 2001 Brian Sweeney Saint Paul Housing & Redevelopment Authority 1300 City Hall Annex Saint Paul, Minnesota 55102 Dear Brian: Enclosed is a copy of Council File 01-900 which was adopted by the City Council on September 5, 2001. The resolution provides for the vacation of the alley within the plat of Hinken's Rearrangement as more fully described in the attached resolution. Also enclosed is an acceptance of the terms of the resolution which must be signed and filed in my office within sixty (60) days after adoption of the resolution. Sincerely, Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management Services File No. 4-2001 Enc. Saint Paul, Minnesota September 26, 2001 To the Honorable,the City Council Saint Paul, Minnesota Dear Council Members: I,the undersigned petitioner, hereby accept and agree to comply with the terms and conditions of Council File No. 01-900, adopted by the City Council on September 5, 2001, and approved by the Mayor on September 17, 2001. ■ :!an Sweeney CITIZEN SERVICE OFFICE Fred Owusu,City Clerk A ST PAINUL CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 tilot Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov TDD:266-8509 AMA �w September 26, 2001 Brian Sweeney Saint Paul Housing & Redevelopment Authority 1300 City Hall Annex Saint Paul, Minnesota 55102 Dear Brian: Enclosed is a copy of Council File 01-900 which was adopted by the City Council on September 5, 2001. The resolution provides for the vacation of the alley within the plat of Hinken's Rearrangement as more fully described in the attached resolution. Also enclosed is an acceptance of the terms of the resolution which must be signed and filed in my office within sixty (60) days after adoption of the resolution. Sincerely, „: -/ct,c2 7122e.(9-ce Shari Moore Deputy City Clerk cc: Valuation Engineer - Technology and Management Services File No. 4-2001 Enc. NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of the Saint Paul Housing and Redevelopment Authority, for the vacation of the alley lying withing the plat of Hinken' s Rearrangement as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 22nd day of August, 2001 at 5 :30 P.M. Dated July 25, 2001 Shari Moore Deputy City Clerk (July 30, 2001) CITIZEN SERVICE OFFICE Fred Owusu,City Clerk p p'U L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989 04, Norm Coleman,Mayor 15 W Kellogg Boulevard Fax: 651-266-8689 Saint Paul,Minnesota 55102 Web:http://www.cLstpauLmn.us 01.101 A TDD:651-266-8509 February 21, 2001 Peter White Valuation Engineer Real Estate Division 140 City Hall Dear Peter: I refer to you to check as to form and sufficiency and for recommendation, the attached petition of the Housing & Redevelopment Authority for the vacation of the alley lying within the plat of hInkens' Rearrangement according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, Shari Moore Deputy City Clerk Attachments SAINT PAU L 4 AAAA PETITION TO VACATE CITY INTEREST I, the undersigned, constituting a majority of the owners (or their legally designated representatives) of the abutting properties, do hereby petition the Council of the City of Saint Paul to vacate its interests in the property legally described as follows: Alley lying within the plat of Hinkens'Rearrangement I request this vacation for the following reasons: The HRA is preparing to sell the block bounded by Cedar, Charles, Como and Capitol Heights Boulevard in order that it might be developed with 25 housing units. The preferred site plan proposes a building on the portion of the site currently designated as a public alley. I have attached six copies of the site plans of any development intended for construction on the lands to be vacated. Person responsible for acceptance of the Contact Person terms and conditions of the vacation: Nancy Homans Brian Sweeney, Executive Director 651-266-6557 651-266-6628 Department of Planning and Saint Paul Housing and Redevelopment Economic Development Authority 1100 City Hall Annex 1300 City Hall Annex 25 West Fourth Street 25 West Fourth Street Saint Paul, MN 55102 Saint Paul, MN 55102 Alternate Contact Person Tom Sanchez 651-266-6617 Department of Planning and Economic Development 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 Signatures of Owners(s)/Representative(s) of Properties Below: Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 1300 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 Brian Sw ney, Exe tive Director I, Brian Sweeney , am the petitioner in the above matter; and I do hereby swear and verify that each of the signatures on this petition was signed in my presence by the person described in the petition. i6`Subscribed and sworn to before me this day of February, 2001. ( .( an/1 Petitio er Notary My commission expires 1 q/- us-- LAURA L ECK NOTARY PLIC Mii r ii MYCUUF3NI�Ah+�I�rn EXPIRES JAW 31.'7. Housing and Redevelopment Authority of the City of Saint Paul, Minnesota CERTIFICATE OF RECORDING SECRETARY The undersigned hereby certifies as follows: 1. That she is the duly appointed, qualified Assistant Secretary of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, herein called the "Local Public Agency"; 2. That the attached RESOLUTION NO. 01-2/14-1 is a true and correct copy of the resolution as adopted on the 14th day of February, 2001; 3. That the seal affixed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such official seal; and 4. That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, this 20th day of February, 2001. ; btirW A .sistant Secretary Sponsor: Commissioner Blakey RESOLUTION NO. 01-02/14-1 RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO PETITION THE CITY OF SAINT PAUL TO VACATE AN UNIMPROVED ALLEY ON LOT V AND TO SUBSEQUENTLY ACQUIRE THE PROPERTY 1 WHEREAS, the Saint Paul Housing and Redevelopment Authority ("HRA") acquired from the 2 State of Minnesota on December 30, 1985 the block known as Lot V in the Capitol Heights 3 neighborhood and legally described as: Lots 1, 2, 3, 4, 10, 11, and 12 in Block 3 of Dawson& 4 Smith's Addition to St. Paul, together with that part of vacated Cedar Street accruing thereto; and 5 Lots 1, 2, 3, 4, and 5 Hinkens' Rearrangement; and 6 7 WHEREAS, the property contains a short (100.34 ft.) unimproved alley on portions of Lots 1, 2, 8 3, and 4 of Hinkens' Rearrangement; and 9 10 WHEREAS, on December 8, 1999, the HRA granted tentative developer status to Sherman 11 Associates, Inc. for the purpose of constructing 25 housing units on the site in a manner 12 consistent with the provisions of the Saint Paul Comprehensive Plan; and 13 14 WHEREAS, the proposed site plan for the development anticipates construction of a structure on 15 the unimproved public alley; and 16 17 WHEREAS the procedures of the City of Saint Paul provide for owners of abutting property to 18 petition for the vacation and acquisition of public right-of-way; and 19 20 WHEREAS those procedures require, in part: 21 For properties owned by governmental departments or agencies, the head of the 22 department or agency, or another person with the designated authority to sign on behalf of 23 the department or agency head, must sign (the petition). In addition, a resolution or 24 statement from the governing body indicating approval and granting authority for the 25 petition must be included. And 26 27 WHEREAS, upon vacation by the City, the HRA, as the adjacent landowner, will become owner 28 of the alley at no cost to the HRA. 29 30 NOW, THEREFORE, BE IT RESOLVED, that the HRA Board of Commissioners authorizes 31 and directs the Executive Director to petition the City of Saint Paul for vacation of the alley 32 described above; and 33 34 BE IT FURTHER RESOLVED that the HRA Board of Commissioners authorizes acquisition of 35 the property so described upon vacation by the City at no cost to the HRA. • Q W H U W Pq 0 H S1/47/P/_.7/1/ 701/0'6'.2 W ( .. 0 09 V \%' 07 W O ` n ". O V � N \ a N ` O 7•. a 1":':'' Q 01 ., Os FO Os !S 66 s'as- . 5 Os 0.5.. 1�,' a N N v- 4, v Q vt V • 61,-1-1 ..Nr—�N �... NNN���yy�AA c 1�'U t�—Nm 8 �O�nl�mt , a pi Wfiiiff x O ovds33 R S 70400g5 =i IC i LR \.__/ \__J o.e.12e.a \ T L1 MI 9 9 " 1] . 1 T � :11 i z1 i 4 ' 1 1 1 '_. J . n: z , 7., z T. : 1, 0 �s s a o.aa ,p+ d w.t.a ---. ........1 i ip-___A H a - , ..., I '` t!,j Capitol Heights NI! + Cityhomes > W 1 1i i .1 . CoutonvcnvoSCuplmlNc�hte E St.Paul.N1l(wcsoia 2/2'd 26b'ON WbL2:2T TO02'ET 'H3.d VACATION REPORT The OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY does hereby certify that it has searched the records in the Real Estate Division in the Office of the County Recorder and/or Registrar of Titles, in and for the County of Ramsey and State of Minnesota, and from such search has found the following items, with regard to property abutting Alley lying within the plat of Hinkens' Rearrangement. Bethesda Lutheran Medical Limited Warranty Deed Center, a non-profit Minnesota Dated April 3, 1986 corporation Recorded June 20, 1991 1. to #2601309 Housing and Redevelopment (See Exhibit A attached hereto) Authority of the City of Saint Paul, Minnesota, a public body corporate and politic under the laws of Minnesota NOTE: This report is not to be construed as a legal opinion of title, nor is it a substitute for an Abstract of Title or Registered Property Abstract. Witness the signature of an authorized officer of said Company this 30th day of November, 2000, at 7 a.m. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY By Oil lie, Wlei.4/1 S 1/ C./ An Authorized Signature Order No. A01-51832 For: Housing & Redevelopment • • `' RECORDED ON i, NO DELINQUENT TAXES Block boundr 1 by Como, Charles, Cedar AND TRANSFER ENTERED and Capitol. Heights, Dist. 7 JUN 2 0 1991 (Abstract Property) 1 C3) Taxes Paid ,,,,,,' 1 JUN O 1991 LIMITED WARRANTY DEED ��/ �� / m� LOU McKENNA, DIRECTOR pet. Deputy Clk. Deo'.. MIIM.,Yro1 Co.MN er~4''''.-!--r," ;- een the Bethesda Lutheran Medical Center, a non- profit Minnesota corporation, (the "Grantor"), and the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a public body corporate and politic under the laws of Minnesota (the "Grantee"). WITNESSETH, that Grantor and Grantee herewith make the following d recitals: O 1. That they have entered into a Contract, for the Sale of a,' Land for Private Redevelopment, dated December 18, , 1985, pursuant to which the property described below in this Limited Warranty Deed was conveyed to the Grantor for redevelopment in accordance"'•'--- 3 Q1 " with the Contract; •' ' 2. That, upon a breach of default in said Contract, Grante , ■ Y ` z' t``' herein is authorized and empowered in said Contract to reenter t1e•` " , .. -.'f '0 '0.7:•:::,,.:.,. Property and take possession thereof, and to file and record thi$.1 .f.:.,s N i44" Limited Warranty red for the purpose of revesting full legal andn.t„•T: ______!':`f R- �j ;M ':' equitable title in fee simple in the Grantee; and I � � ,. 3. That this Limited Warranty Deed is being and was executed• ,, x t{ ' contemporaneously with the execution of said Contract, hut shall ;� not be filed and recorded until the Grantee shall determine by Resolution yf of its governing body that a sufficient breach or default has occurred, a copy of which shall be attached to this Limited Warranty Deed ,1, , -- as Exhibit B upon the filing and recording thereof. • ,•?,,,, ...;:....:.• :.• . '''.• ':f FURTHER WITNESSETH, that Grantor in consideration of the mutual promises ,?. , ;'•';` _ and undertakings contained in the said Contract for the Sale of Land for Redevelopment between Grantor and Grantee, and upon the determination of a breach or default therein as evidenced by the Resolution attached hereto as Exhibit B, does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, forever, all the tract or parcel ie of land lying and being in the County of Ramsey, State of Minnesota, described as follows, to wit (said tract or parcel being hereinafter �'. referred to as the "Property"): r r r ;' 7.• (See Exhibit A Attached) J TO HAVE AND TO HOLD THE SAME, together with all the hereditaments $, 1,,- and appurtenances thereunto belonging or in anywise appertaining, to F� b the Grantee, its successors and assigns forever. The Grantor, for itself : >' , ,.. and its successors, does covenant with the Grantee, its successors and 41; ' assigns, that it has not made, done, executed or suffered any act or F4, . thing whatsoever whereby the above described premises or any part tF,t€'eof, now or at any time hereafter, shall or may be imperiled, charged or` encumbered ti in any manner whatsoever. And the Grantor will warrant and defend the '' title to the above granted premises against all persons claiming the same from, through or under the Grantor. ',' The total consideration for this tr r.sf of t✓ 3239 5 property is$1090.00 or less qJ Si ned RAMSEY COUNTY _l_ • r i_ M MINNESOTA y � ���,�,�� Deed tax !�r,c:r-;l dLra $ �. �S DEED TAX AMOUNT J—= a • Exhibit Payee.,, of b. ...Mr, • • I I ! S y bpi. 3-_ y 4 }F k` t i J 6fr. rj. IN TESTIMONY WHER F, Grantor has caused this Deed to �b duly executed on its behalf by its �/ZG'a"t ' r45: and by its g-t -eoe-P-"a'42 i_- this 3.'4 day of _ ar-t-C-6 , 1986. BETHESDA LUTHERAN MEDICAL CENTER By ,. ,r,;,1,Z._ c- A., & 7> Its 1'It f/ . V G" 'I' ) O t 1 0 By g-CUA 4, .Uiatib • Its l `A�nN4� J N • I .1 STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this 3 Al/ day of , 1986, before e, f.. : a notary public wi hin and for said ounty, personally appeared it, , i, // and ,ta�lG 14/1.1.110A.42 to personally known who by me ly sworn ,did say that theye the and Q44444-, of the Bethesda Lutheran Medical Center,4ameda non-profit named in t e foregoing instrument; 't#Sert—t 3 v,- w# corporation q3= 44m- y- hat said instrument was signed on behalf � of said Aui:heei y and said /�� �d j� and 2J 4 , acknowledged said instrument to be the free act and deed o said 4.4 corpc,6lati.on., * corporation ..AAPAAAMnMMAA MAA WAMMnMMN P t 4 Y r. R SEMARV FREDt:TfE F�+ NOTARY PU L'LIC—MIHNE SUTA Lila, i,/,, RAMSEV CUUNTV _ / Ii•-/t.. '/_�'' • '� My Comm.Expiros Apnl 23.1997 N• .'ry FU bl A, c. ` r • THIS INSTRUMENT DRAFTED BY: � ;' DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT 25 W. FOURTH STREET, 12th FLOOR CITY HALL ANNEX • ST. PAUL, MN 55102 t • TAX STATEMENT TO: HOUSING & REDEVELOPMENT AUTHORITY • 25 W. Fourth Street -2- Project Services, 12th Floor CHA °1' St. Paul, MN 55102 LS Exhibit 4., Page of _Pages a EXHIBIT "A All of Block 3 of Dawson's and Smith's Addition to the City of Saint Paul; and All of Hinkens' Rearrangement, together with all that part of Cedar Street, vacated, which accrued to Lots 3, 4 and 5, Hinkens' Rearrangement and to Lots 10, 11 and 12, Block 3, Dawson's and Smith's Addition to the City of Saint Paul NOTE: The Seller certifies that the Seller does not know of any wells on the described real property, N. B. This Deed is for purposes of retaking and perfecting title to the property described herein as noted in Exhibit "B" attached hereto Conveyance of land described by this instrument is hereby approved and is entitled to recording and subdividing. • j' F SAINT PAUL B /, �/t 1' .4 6-,//-9/ Planning Administrator Date 4�J —3— .:. Exhibit__ Page 3 of Cc... • • • • • • • • HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA • C) CCERTIFICATE OF RECORDING SECRETARY 1.1 C) The undersigned hereby certifies as follows: 1) That she is the duly appointed, qualified and acting Assistant Secretary of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, herein called the "Local Public Agency." 2) That the attached RESOLUTION NO. 90-11/13-1 is a true and correct copy of the resolution as adopted on the 13th day of November , 19 91 3) That the seal affixed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such official seal ; and 4) That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, this 22nd day of March 1991 L_ �../ ♦ . Assistant • reta y ( S E A L ) • • • • �J(hlbI Page. of ...,ft i 1 • • \ • 1 ti EXHIBIT "B" • RESOLUTION NO. 90-1.1/13-1 RESOLUTION DECLARING BREACH OF CONTRACT FOR SALE OF LAND AND AUTHORIZING FILING AND RECORDING LIMITED WARRANTY DEED TO PARCEL NO. 183-A, THOMAS-DALE/ 'CAPITOL AREA, DISTRICT 7 WHEREAS, the Housing and..Redevelopment Authority of the City of Saint Paul, Minnesota, has by Resolution No. 85-12/18-11 authorized the execution of a Contract for. Sale of Land for Private Redevelopment and delivery of Deed of Conveyance to Bethesda • CLutheran Medical Center, a non-profit Minnesota corporation, for r, Parcel No. 183-A, Thomas-Dale/Capitol Area, District 7; and WHEREAS, pursuant to the terms and conditions of said • C. Contract, Bethesda was obliged to develop and construct an elderly 04 congregate care retirement center; and WHEREAS, said project was part of and in furtherance of the City Wide Redevelopment Plan in compliance with the Federal Housing and Community Development Act of 1974; and WHEREAS, Bethesda has defaulted in its. obligations under the terms and conditions of said.Contract in the following specifics: 1. Failure to submit design development drawings and construction plans. 2. Failure to evidence commitments for either interim or permanent financing for construction of improve- ments. • 3. Failure to produce final copy of construction contract. 4. Failure to complete construction; and WHEREAS, the Contract provides it. the event of default or breach of the terms and conditions thereof that the HRA shall give written notice demanding that such defaults be' remedied • within a ninety (90) day period of time; and WHEREAS, the HRA has on December 8th so notified Bethesda by letter directed to its chief executive officer, Timothy H. >,. Hanson, of the breaches that have 'occurred and demanding that said breaches be remedied; and • or Exhibit 6' PROS. O. -..� . • • • 21778 • WHEREAS, Bethesda has failed and refuses to cure said defects and remains in default of the terms and conditions of the contract therefore making it necessary for the HRA to pursue its remedy in the filing of the limited warranty deed which was executed contemporaneously with the execution of the aforementioned Contract which shall not be filed and recorded until the passage of a resolution by the governing body of the Housing and Redevelopment Authority declaring • that the breach or default has occurred in the terms and conditions of the Contract for Sale. NOW THEREFORE, BE IT RESOLVED by the Housing and Rede- velopment Authority of the City of Saint Paul, Minnesota, • 01 as follows: O 1. That. the Contract for the Sale of Land and Deed coy of Conveyance entered into between the BRA and 0 Bethesda Lutheran Medical Center dated December 18, • CAD 1985, be and the same is hereby declared to be in default. 2. That the limited warranty deed between Bethesda Lutheran Medical Center and the HRA dated December 18, 1985, shall be filed and recorded with the Office of County Recorder for Ramsey County. • • RECORDED ON JUN 201991 2-SC o I • AGRICULTURAL CONSERVATION FEE PAID -1 RAMSEYCOUNTY • • w..:��COUNTY Exhiblt2., Page C" of