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262365 WN17E � CITY CLERK CO1111C11 �j CA�ARY -�PAR MENT CITY OF SAINT PAUL File NO. �`j?�� BLWE - MAVOR � rdin�nce Ordinance N�. �� Presented By - � -- Referred To Committee: Date Out of Committee By Date AN ORDINANCE GRANTtNG PERMISSION TO MIDWAY PROFESSIONAL BUILDING ASSOCIATION, A GENERAL PARTNERSHIP, THEIR ASSIGNS, SUCCESSORS IN INTEREST, TO MAINTAIN THE EXISTING BUILDING ENCROACHMENT FOR THEIR PROPERTY LOCATED AT 1630 UNIVERSITY AVENUE, SAINT PAUL, MINNESOTA. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That permission and authority are he�eby granted to Midway Professionai Building Associ- ation, a general partnership, their assigns, successors in interest, to maintain the present building encroachment of their property located at 1630 Untversity Avenue, Saint Paul , Minne- sota, the said encroachment being .2 of one foot within the pubiic right-of-way, located on the South side of Untversity Avenue, adJacent to their building, and the encroachment being tegally described as follows: That part of the Southeast i/4 of Section 33, Township 29, Range 23, Ramsey County, Minnesota, described as foltows: Caronencing at the Northeast corner of the Southeast 1/4; thence West along the North line of said Southeast i/4 a distance of 459•50 feet; thence South paratlel with the East line of said Southeast 1/4 (Sneliing Avenue) a distance of 59•$0 feet to the point of beginning of the tract of land to be herein described; thence South parallel with the Eas� ltne of said Southeast 1/4 (Snelling Avenue) 0.2Q feet; thence West parallel with the North line of said Southeast 1/4 a distance of 66. 10 feet; thence North parallel with `the East line of said Southeast 1/4 (Snelling Avenue) a dis- tance of 0.10 feet; thence Easterly to the point of beginning. Sectton 2. The Director of the Department of Publtc Works is hereby authorized to issue a permit to Midway P�ofessional Building Association, a generat partnership, their assigns, successors in interest, for the purpose of maintaining their building encroachment as described above, sub- ject to the following provisions, terms and conditions: (a) That the permittee shall pay the costs of all engineering, inspe�'tion and adminis- Yeas 80��ILME Na s Requested by Department of: ��X Y Konopatzki In Favor Levine Meredith Against BY �Pf(�1F1� Roed 1 er < Te esco Mme.President ��QJ;�( HUnt Form Approve by Cit Attor y Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved r Submissi to Council By BY :. �.: ' WHII"E ' ITY CLERK P��K ?�DJqNCE (jITY OF SAINT PAITL Council ��2��5 CA,7i1�ARY - PARTMENT F1I2 NO. BLtJE - MAYOR Cr:�� . . Ord�n�nce Ordinance N�. f��1 �� Presented By Referred To Committee: Date Out of Committee By Date �2) trative services rendered by the City of Sa1nt Paul because and on account of this permit; which costs shali be accounted for under Department of Pubiic Works Project No. E-1154; (b) The said permittee shall pay the cost of publtcation of this ordinance; (c) That said permittee shall furnish a perpetual bond to the City of Saint Paul in the sum of $1 ,000.00, conditloned to comply with all of the terms and conditions of this ordinance and to indemnify and save harmless the City of Saint Paul f�om all liabil- ity, loss, judgments, suits, costs, charges and expense that may accrue to persons o� property occasio�ed by the granting of this permit or occasioned by the building encroachment permitted hereby; (d) That permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul , its agents, offic�rs and employees, from any and all damages, claims, losses, judgments, suits or expenses arising out of or occasioned by the performance of the work contemplated by this permission and authority; (e) That this permission and authority shall continue for the 11fe of the existing struc- tu�e a�d shall termtnate upon the �emoval or destruction of the existing building located at 1630 University Ave�ue; (f) Said permittee shail submit said bo�d to the Office Engineer, Department of Public Works; and (g) That said permittee shall wlthin thlrty (30) days after the passage of this ordi- nance, file a written acceptance thereof with the City Cterk. Section 3. This ordi�ance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. . -___- jm Yeas CBu�g�LME Na s Requested by Department of: �I,Y�ftX y 6 Public Works �K.ws�r�t�i' In Favor Levine Meredith 9�1E�16 Roed 1 er g B A ainst Y Daniel J. D nf d, D ecto DOL) Tedesco Mme.President ��(��(�( Hu11t Adopted by Council: Date 0 CT 3 1 1973 Form Approved by City ttorn Certif' ssed by cretary BY By . �� ' �9� A roved by Ma or fo ,Subn'lission to Council Approve y yor: Date O 3 PP Y By By �� `w** � ��-y 4` •�� - ,�.+�� a ,, �r� , � s• ..._ „ ... CITY OF SAINT PAUL Capital of Minnssota DEPARTMBNT OF PU6LIC WORKS 234 Cif�r H.II dc Court Hoia. ss�o2 DANIEL J. DUNFORD, P.E. Director October l , 1973 The Honorable Lawrence D. Cohen Mayor of the City of Saint Paul Room 347, City Hall BUILDING Re: Proposed Ordinance Permit for Building Encroachment at 1630 UNIVERSITY AVE. (between Roy St. and Fry St.) , City ProJect No. E-1154. Dear Mayor Cohen: Attached for your consideration and approval for submission to the Council is a proposed ordinance authorizing the issuance of a permit to the Midway Professlonai Buttding Association for the maintenance of a building encroachment at the referenced location. The building encroachment in no way interferes with the public use of the sidewalk on University Avenue. However, as inconsequential as the encroachment may be, the owners of the property, a group of five dentists, desire to obtain from the City Council an ordinance which will officially and legally permit the building to occupy this a�ea of the public right-of- way for so long as the building exists. The attached document has been prepared to satisfy their request. Very truly yours, L-(�' �� ' � � Daniel J. Du ord ' Director of Public Works WAH/DOL/jm Attachment cc: Walter A. Hurtley r .��+� • � �� Midway Professional Building Association 1630 University Avenue Saint Paul, Minnesota 55104 December 5, 1973 � G.; =.� c-� �� --+o � -a m "" City of Saint Paul rc.-� `E�' �r,� Courthouse �v' ° ° Saint Paul, Minnesota 55102 �Q � . � c� ,.-a Attention: City Clerk r" `'�' Re: Ordinance Number 15479 Council File No. 262365 An Ordinance granting permission to Midway Professional Building Association to maintain the existing building encroachment at 1630 University Avenue, Saint Paul, Minn Gentlemen: This is to advise you that the undersigned, as a general partner of Midway Professional Building Association, accepts and agrees to perform all of the conditions required by Ordinance No. 15479. MIDWAY PRQFESSIONAL BUILDI ASSOCIATION l�� r � � � By �� ` �'�� {�� -�' � c � WILLIAM L. McDONALD, A General Partner ph . . � � lo,Z3t� s' C ITY OF SAI NT PAUL _ OFFICE OF THE CITY ATTORNEY December 7, 1973 - R:�SCOTT DAVI ES Mr. Harry E. Mar�ha.11 City Clerk City of Saint Paul 386 Building Re: Ordinance Permit No. 15479 - C. F. No. 262365 Midway Professiona,l Building Association Dear Mr. Ma.rsha.l l: My attention ha.s been called to the fact tha.t the above ordinance which was adopted on October 31, 1973, pro- vided, among other conditions, that the permittee sha.11 file within thirty days after the pa.ssage of this ordi- na.nce, written acceptance with the City Clerk, and tha.t the written acceptance was filed on December 5. The letter from your office to the Professiona.l Association stated tha.t they are required to file the letter of acceptance within thirty days. Appa.rently the recipients thought tha.t they could file the letter of acceptance within thirty days of the date of your letter which was November 5. It is my opinion tha.t the filing of the letter of accep- tance approximately five days after the expiration of the thirty-day period set forth in the ordinance is a minor deficiency, and ma.y be overlooked so long as all of the remaining terms and conditions are complied with torthwith. The remaining terms and conditions include the ' pa.yment to the City of the cost incurred by the Department of Public Wo'rks, the cost of publication of the ordina.nce and the filing of a $1,000 perpetua.l bond. These terms and onditions being complied with, you may treat the ordi nce as ha.vi been validated and in force and effect. , 1 Your ivery t ly JERO J. SEG Assist Attorney City Hall, Saint Paul, Minnesota 55102 JJS:er 612 298-5121 cc:Neil Convery, Attorney at Law �.�a��,� November 5, 1973 P�Iidway Professianal Euildin� As�oc. 1630 University Avenue Saint Paul, �.nnesota 55�p�+ Gentlemen: We enclose a copy af Urdinance No. 1�79 �r�,t�tin� you p�.rmis�ion �o maintain the existin� buildin� �ncroachment Por, y�ur �roperty located at 1630 Un3.versity Ave. ana a b�11 in �he sura o�' �2g,70 to cover the cast of publ3.�ation of th�s ordinance. We call your spec:Lal attention to Section 2, Paragra�ah (c), which require� the filing of a bond in the amount specified. We alsa call your atterttion to P�ragraph (g) which requires the filirig of an acceptance of' the te�ms of this ordinance. This acceptance must be filed 3n this office, Room 386, City Hall, within 30 days. If ri4t so filed, the ordinance becomes void. Yours ver�r truly, City Clerk �� Encs. � +� " I y Y . i� � � (a�Ib � ' . 2�� o z3 �, 3r�i . (oI2� � . 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