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275888 WHITE - GTY CLERK � �' J[�'} PINK - FINANCE CO13I1C11 � � ��,j� CANARY�� DEPARTMENT G I TY OF SA I NT� .PAU L B�UE - MAYOR � File N O. • �� /_ Z/L C Ordinance N�. l(�% ��1� Presented By � � Referred To Committee: Date Out of Committee By Date AN ORDINANCE GRANTING PERMISSION Tp G. HEILEMAN BREWING COMPANY, INCORPORATED AND/OR ITS SUCCESSORS IN INTEREST TO CONSTRUCT, OP- ERATE AND MAINTAIN A RAILROAD TRACK ACROSS JAMES AVENUE, WESTERLY OF ERIE STREET IN THE CITY OF SAINT PAUL. THE COUNC'IL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That permission and authority are hereby granted to G. Heileman Brewing Company, Incorporated, 882 West Seventh Street, Saint Paul , Mlnnesota and/or its successors in interest to construct, operate and maintain a railroad track across James Avenue, the centerline of said railroad track being more accurately located as follows: Beginning at a point on the south ltne of James Avenue 102.30 feet west of the west line of Erie Street, thence N. 58°43'18" E. 138.�3 feet, thence northeasterly on a curve to the right with a cen- tral angle of 5°43'00" and a radius of 955.37 feet a distance of 95.32 feet to a point, thence N. 64� 26'18"E. 19.10 feet to a point on the east line of vacated Erie Street approximately 21 .78 feet north of the north line of James Avenue. Section 2. That the Director of Pub11c Works is hereby authorized to issue a permit to G. Heileman Brewing Company, incorporated and/or its successors in interest for the construction, operation and main- tenance of said railroad track across James Avenue, upon and sub- COUNCILMEN Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon Showalter A gai n s t BY Tedesco �Ison Form Approved C' Atto ey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date App d y Mayor for S bm s ocLto Council By ' BY � , , �,�� - 2 - ject to the following provisions, terms, and conditions: a. That said permittee shall pay the cost of the publica- tion of this ordinance and all ordinances and resolu- tions passed in relation to this ordinance; b. That said permittee shall pay the cost of administra- tion, engineering, and inspection incurred by the De- partment of Public Works because of this undertaking. Said costs are estimated to be a sum of $500.00 and to be accounted for under Department of Public Works Project Number E-1342; c. That said permittee and/or its successors in interest expressly agrees and undertakes to fully indemn�fy and hold harmless the City of Saint Paul , its agents, officers and employees from any and all damages, claims, losses, Judgments, suits and expenses arising out of the construction, operation and/or maintenance of said track authorized by this permit; d. That said permittee and/or its successors in interest shall furnish and deliver unto the City of Saint Paul a Surety Bond in the amount of $10,000.00 for said track, made and executed by said permittee and/or its successors in interest as Principal and a Corporate Surety Company duly authorized to transact business in the State of Minnesota as Surety, to and in favor of the City of Saint Paul as obligee, conditioned upon the permittee and/or its successors in interest com- ply�ng w�th the terms and conditions of this ordinance, and also conditioned that, in the event the permittee and/or its successors in interest fail to maintain, re- pair or replace the track or track crossing to a rea- sonable standard of safety, or fail to remove said track upon order by the Council , the City of Saint Paul may undertake the maintenance, repair, replace- ment or removal thereof and may recover its reason- able cost incurred thereby from said surety, which Surety Bond shall remain in force and effect as long as said track or any part thereof remains in that por- tion of James Avenue. The Surety Bond shall be sub- mitted to the Director of Public Works, shall be in such form as shall be approved by the City Attorney and shall have such Surety as shall be approved by the Director of Finance and Management Services; e. That said permittee and/or its successors in interest shall , to the satisfaction of the Director of Public Works, maintain the space lying between the rails of said track and a space of at least four (4) feet out- side of each rail of said track�; f. That said permittee and/o� its successors in interest � , . . �"��.��;.� ' � ;�:� 3��'�'r�;�w.��.. - 3 - agrees to comply with Chapter 216 of the Saint Paul Legislative Code, as amended pertaining to street obstructions; g. That said track shall be removed and the roadway restored by and at the sole cost and expense of said permittee and/or its successors in interest whenever the Council of the City of Saint Paul shall by Resolution determine such removal neces- sary in the public interest and accordingly order the removal of said track from said location; h. That said permittee and/or its successors in in- terest shall , at its own cost and expense and in accordance with all applicable ordinances of the City of Saint Paul , statutes of the State of Min- nesota and regulations of public �uthority having cognizance, construct, maintain and operate said track hereunder; i . That said permittee shall notify the Traffic and Lighting Division of the Department of Pub) ic Works if the construction or matntenance of said track shall make necessary the closing of James Avenue or any part thereof. Al1 expenses incurred by the Traffic and Lighting Division in furnishing, in- stalling or removing barricades, signs and other control devices shall be paid by the permittee; J . That said permittee shall , within a period of thirty (30) days after the publication of this Ordinance, file� with the City Clerk its written acceptance of this Ordinance and agreement� to be bound by all the provisions, terms and conditions thereof without limitation which written instrument of acceptance and agreement shall be in the form approved by the City Attorney; WHITE - CITY CLERK � (� PINK - FINANCE COIIIICII ip�} CANARY�- DEPARTMENT G I T Y O F SA I N T PA U L � � � — �"� t� BL+UE � - MAY,OR � File N O. • Or in�nce Ordinance N O. 1 � �,�� Presented By Referred To Committee: Date Out of Committee By Date Section 3. That this Ordinance shall take effect and be in force thi�ty (30) days from and after its passage, approvat and publ �cation. COUNCILMEN Requested by Department of: Yeas Nays � "°"t Publ ic Works �evine I[l FBVO[ Maddox e'�� AA�AI�w Showalter �p/ Against BY T�� Donald E. Nygaard, ctor of Pu ic Works Wilson 5 �(1��0 D�N/FG�J.� Nov 2 Form Approved by C y tt rne Adopte y Counc' : Date C ified ed by C nci Secr�tary BY App o d by Mayor: EC � l9SO App d y Ma r f S is ion to Council By BY p�,tst� C E C 6 � � �� R :�:� �� a� � � DIVISION OF G. HEILEMAN BREWING CO.. INC. 882 WEST SEVENTH STREET . ST.PAUL,MINNESOTA 55102 • 228-3471 Featuring Schmidt- Extra Special and Se%ct Beers November 21, 1980 "�'e� C'�r��' �il ��Ci � �O '.c''f.�, ��.� rGit/`Y�r ,�r�.�;�., `'� i e %;"�` .-;� r� ��' City Clerk � /��` City of St. Paul Court I�use St. Paul, M[�TT 55102 Gentl�nen: G. Heil�rr�an Brewing Ccxcq�any, Inc. , does hereby agree to be bound by the provisions, terrr�s and limitations of that certain ordinance designated as Council File No. 275888 scheduled for final passage on November 25, 1980. JAC70B SC�Il�DI' BREWING OOMPANY DIV. OF G. HEILEMIIN BREWING CONIPANY, INC. r �R J. S. alia, General Manager of Plant Operations JSW:r AN EQUAL OPPORTUNITY EMPLOYER oM O l : �2;t�375 � �" Rev: �/8/iE� . EXP' iNAT I t`,�J OF �lL t�i(��i STRR�I V� UR�ERS, � J P.C�fii.:.UTIOPiS,�AN7 �)RDii�;i�:i.kS � � _... ,__,�._..� ��;-3� RECEIVED � p�t�: October 30, 1980 O�T� �1980 � �� T'0: MAYQR GEORGE LATIN�ER FR� Thomas J. Eggum, Public Works Office Engineer �� ?E: Railroad track across James Avenue at Erie Street �- 1� ( � ) � � `��,�-�Z., l�CT�0�1 R�2UESTED: The attached Ordinance would grant permisston to 6. Heil�nran Brewing Co. , Inc. (Schmidt Bee�) to const�uct, operate and `maintain a ratiroad spur t�ack across James Avenue to service a proposed building addition. The pernnission is subJect to complTance with the terms and conditions of the Ordinance. PURPOS E AN6 RP.T I GNAI_� F0� TN I S ACT�0"!: _ �� he track being approved by this Ordinance w111 be owned by G. Heile�n Br�ving Co. , Inc. and G. Heileman will be required to pay all costs for construction, operation and ma�ntenance. The track witl be located across James Avenae ,just west of the Milwaukee Road's existing Ford spur line at Erie Street. A7T/�f,i;MENTS: Ordinance " Map showing locatlon of crossing dJj