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95-741Return copy to: Real Estate Division 140 City Hall Council File # 9s-7s�� Green Sheet # �J { y RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� � Refeaed To ..,„ ,. �� 2 3 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the acquisition of that property located at 1416 Maryland Avenue East, as described on the attached F�hibit "A", is necessary for public purposes in connection with the realignment and construction of Prosperity and Rose Avenues; and WHEREAS, the acquisition of this property was approved with Council File No. 95-88, dated January 25, 1995; and WHEREAS, the City of Saint Paul, acting through its Right-of-Way Engineer, has secured an agreement to purchase said property for the agreed upon sale price of $166,000.00, it being a fair and reasonable price for the subject property; and WHEREAS, the Right-of-Way Engineer has recommended the purchase of said property at the price stated above; NOW THEREFORE BE IT RESOLVED, that the proper City officials are hereby authorized and directed to pay Dennis C. Montanazi and Michele M. Montanari, owners of record, the sum of $166,000. The conditions of sale are contained in the attached copy of the Purchase Agreement, said Purchase Agreement is attached hereto and incorporated herein by reference. Purchase price of said property to be financed by 1994 Municipal State Aid, under Funding Code - - , Ref. #95-P-1119. ��� �A�,r�eot9+�o7g�asnsa. Requested by Department of: Finance & Man ement Se sces � � i j' B ' �l/ll�� irect� Form Approved by City Attorney s �.,..— 2.� �P ,� Approved by Mayor for Submission to Council By: R5 - ��f r F.M.S./REAL ESTATE DIVISION Date: 07/06/95 Green Sheet Number. 31434 FPARIT�SI1' DII2EC1'OR CIrY CO[7NCC�. Peaon and Phone Numbcr. � Q1Y A71�ORNEY QF1tR PETER WHITE 266-885Q ^� � u�cernmr.c.-cnx &MGTSVGDIR YOR (OR ASSLSPANi) mt be ort Coma7 Agenda by Q��QJ/9J # OF S(GNATURE PAGFS I (Q.iP ALL IACATIONS FOR SIGNA'R7RE) CiTON RFQUEtiCED: SIGN RESOLUTION RECObRiFNDATIONS APPROVE (A) OR REIEGT (R) f?RSONAI. SERVICE CONl'RAC1S M[JSl' ANSWLRIIIE FOLiAWING PIANNING C011Il�[SS[ON A Sr[�i+I' L Has the person/6cm ever woiiced mder a contract for this defwtmrnt? YFS NO CLVi(. SERVICE COMl4SSIt7N Y.� ts �:saa/E¢n r.�r b�a �.�'ity employee? YES N4 . Does Wis persoa/feffi p�sess a skill mt normaR9 P� bY a°9 ����T� _ Cunent C'ity employee? YES NO Ltia all YFS answes o¢ a separdte sheet and attach PORTS WIIIQi COUNCQ.OBIF.CITVE? gETrER & SAFER STREETS COUNCII. WARD(S) ( DISTR[Cl' PIANNING COUNCII. 2 TING PROBLEM, I.SSUE, OPPOR'I'CEN1TY (W6q WLat, When, Whexe, Why?): project has been approved to realign Prosperity and Rose Avenues. To do this, the property at 1416 aryland Avenue must be removed. We have come to agreement with the property owner and need to hav' he purchase price agreed to approved by the City Council. VANl'AGES IF APPROVED: Deal gets done, house gets smashed & removed, roadway gets improved. LSADVANi'AGES IF APPROVED: Cost of acquisition of property and removal of the improvements. ISADVANTAGES II+ NqT APPROVID: roject gets postponed, redesigned, or canceled. nMOVivr or •n�ntvsncrtox: $166,000.00 �Y��� B�G� (cmcr� orte� �s xo C,PL e4�l,�aBOl4.��78���'xisa ING S°ux� 1994 Municipat State Aid A�in'rr� NUMgER ", REF. #95-P-IlI9 CIAI.INFORMATION: (�TIAIN) q5-�� i C{lY OF SAINT PAUL PURCHASE AGREEMENf i. Date: June 30. 1995 2. L,ocation of the Real Estate: „ 1416 Maryland Avenue E., Saint Paul. MN 3. I.egal Description of the sale property is shown on the attached E�ibit "A". 4. a) Name and address of Buyer: Citv of Saint Paul - De�artment of Public Works 6th Floor City Hall Annex - 25 West Fourth Street Saint Paul Minnesota 55102 b) Name and address of Seller: Dennis C. Montanari and Michele M. Montanari 1416 Marvland Ave E.. Saint Paul. Minnesota SS10b-2824 5. Purchase price accepted by Seller: $166.000. This total re�resents an amount of $122.500 for the house and its adjacent land and $43.500 for the excess land. 6. Real Estate Ta�ces: Seller shall pay first half t�es payable in 1995, as well as any delinquent tases not yet paid. Seller shall provide buyer with proof of payment of tases. Any assessments, taxes, and liens not paid as of the date of closing, will be withheld from the purchase price. Buyer shall pay second half t�es payable in 1995 as well as all t�es yayavic iucrcaiicP. 7. Seller shall pay all assessments levied against said property as of the date of closing. Seller shall provide buyer with proof o£ payment of assessments. 8. Type of Conveyance required: Seller shall convev marketable fee title to the Citv by Warrant�Deed. 9. Seller shall provide the Buyer, within seven days of signing this Purchase Agreement, an updated Abstract of Title and/or an Owner's Certificate of Tide. Seller agrees, at Sellers's cost and ea�pense, to correct or remove any exception or "clouds" on tbe title as shown on the Buyer's "Coznmitment to Insure" title examination report. Purchase Agreement Page 2 a5-�y I 10. Ciosing shall be held on July 28, 1995, or sooner if agreeable between the two parties, at which time the title to the premises shall be conveyed to the City. Buyer shall pay all closing costs. 11. Buyer agrees that seller shall retain possession and shall be allowed to occupy the subject properry rent free until July 31, 1995 or until Seller bas vacated the premises, whichever occurs first. Seller agrees to allow Buyer reasonable access to the property for the development of specifications to wreck the building. 12. Seller shall provide an affidavit on the date of closing, indicating that the Seller has not used or permitted the use of the subject property as a hazardous waste disposal facility as defined in section 115A.03 Subd. 10 of Chapter 121 of the Laws of Minnesota of 1983, and that there is no basis to conclude that this property has been subject to or contaminated by the release of any hazardous substance, hazardous waste, pollutants of contaminants as defined in Section 1158.02 of the Minnesota Statutes. 13. Seller remains eligible for relocation benefits in connection with the taking of this property as cited in U.S. Public Law 91-646, Title III, Section 301(4). 14. All warranties and representations made in this Purchase Agreement shall survive the closing and the conveyance of title to the property. This Purchase Agreement and all obligations provided shall, to the extent not fully satisfied and performed by or through the Closing, survive the closing and the conveyance of title to the property. SELLER: !3'� � Dennis C. Montanari Michele M. Montanari BUYER: C�� Right-of-Way Engineer Date: Date: Date: (purchase.dm2) q�-��I F�chibit "A" Lot 2, Block 1, Goffin's Addition, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Together with the North 300 feet of the East 100 feet of the East y56.83 1/3 feet of the following described tract of land: Commencing at the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 27, Township 29, Range 22, thence East along the North iine of said Section 95.78 feet; thence South 0 degrees 08 minutes East, 1316.26 feet to the South line of the North half of the Northwest Quarter; thence West along said South line of the North half of the Northwest Quarter 235.25 feet to a point; thence North parallef with first described line 1316.58 feet to North line of said Northwest Quarter; thence East 139.47 feet to point of beginning (except the North 33 feet thereof for Maryland Street), according to the United States Government Survey thereof and situate in Ramsey County, Minnesota.