257594 .
.O�jns�to Cit�Ctert � ,
� . �� ORD, INANCE �5� �A
� � `Y
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO- � �� �
AN ORDINANCE GRANTING PERMISSION TO JOHN ADAM
AND SON COLONIAL FUNERAL HOME TO MAINTAIN ITS
PRESENT BUILDING WITHIN THE CITY STREET
ABUTTING LOTS 10, 11 AND 12, BLOCK 2, J. F.
EISENMENGERS ADDITION TO SAINT PAUL.
WHEREAS, The Council of the City of Saint Paul , by its resolution,
C. F. 252667, approved February 24, 1971 , vacated a portion of Magnolia
Avenue adjoining Blocks 1 and 2, J. F. Eisenmengers Addition to St. Paul
lying south of the following described line:
All that part of Magnolia Ave, adjoining Lots
1-13 incl . , Blk, l , and Lots 1-10 incl . , Blk. 2,
J. F. Eisenmengers Addition to St. Paul , lying
south of the following described line: Com-
mencing at a point on the northerly extension of
the east line of Rice St. 18.53 feet south of
the north line of S�, of NW�, Sec. 30-T29N-R22W,
said north line also known as the dedicated
centerline of Magnolia Avenue. ; thence easterly to
a point on the northerly extension of the west
line of Sylvan St. 22.65 feet south of said
north line.
and
WHEREAS, A condition of said vacation required the owner of John Adam
and Son Colonial Funeral Home to apply for an ordinance permit covering the _
portions of its building �K►er6aching into Magnolia Avenue beyond the limits
referred to in the description above pertaining to the portion of Magnolia
Avenue vacated.
and
WHEREAS, Said building also encroaches into Rice Street as determined
by a survey conducted by C. E. Coulter and Associates Inc. , and certified
by John A. Peterson R.L.S. No. 6267 on March 10, 1g69; now therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section l . That permission and authority are hereby granted to John
Adam and Son Cotonial Funeral Home, its successors and assigns, to maintain
for the life of the present building the existing building encroachments
into Magnolia Avenue and Rice Street adjacent to Lots 10, 11 and 12 of
Block 2, J. F. Eisenmengers Addition to St. Paul , said encroachments including
but not limited to the following known encroachments:
Yeas Councilmen Nays Passed by the Councii
Butler
Carlson
Tn Favor
Levine
Meredith
Sprafka Against
Tedesco
. President (McCarty Approved:
A t:
Ci rk r
�� A
Form approved Corporation Counsel By
1
.� ` ' •
- . �5'�59�
I ��> �-�-
_2_ 1
1. The encroachment of an eave into Magnolia Avenue,
4.9 feet north of the above described line and ex-
tending from 0.5 feet west of to 19.0 feet East of
the East line of Rice Street.
2. The encroachment of an eave into Ma.gnolia Avenue,
1.4 feet north of the above described line and ex-
tending from 19.0 feet east of to 105.2 feet East
of the East line of Rice Street.
3. The encroachment of two 4.5 foot wide concrete
foundations for Pillars, into Ma.gnolia Avenue, 0.95
feet north of the above described line, centered
35.0 and 46.0 feet East of the East line of Rice
Street.
4. 'The encroachment of an eave into Rice Street, 0.5
feet west of the east line of Rice Street and
abutting lots 10, 11, and 12 of Block 2, J. F.
Eisenmengers Addition to St. Paul, extending from
4.9 feet north of to 90.0 feet south of the line
described above.
this permission and authority being expressly limited to the exist-
ing building and termina.ting automatically upon the removal of the
existing structure.
Section 2. The permission and authority granted herein is
ma.de expressly subject to the conditions stated in Section 1 above
and to the following terms and conditions :
A. That said permittee sha.11 ma.intain said encroachment
entirely at its own expense;
B. That said permittee shall furnish and deliver to the City
of Saint Paul a surety bond in the amount of Five Thousand Dollars
($5,000.00), to be in force for so long as the existing building
encroaches upon the public right-of-way; and said bond conditioned
upon the permittee complying with all the terms and conditions of
this permit and to indemnify, hold ha.rmlessand defend the City of
Saint Paul, its agents, officers and employees from any and all
dama.ges, claims, losses, judgments, suits or expenses of wha.tever
na.ture for injury to person and/or property arising out of or
connected with the ma.intena.nce and/or removal of said encroachment;
C. Tha.t said permittee sha.11 pay the cost of publication
of this ordina.nce;
D. Tha.t said permittee sha.11 pay the actua.l costs of admin-
istration incurred by the Department of Public Works because of
this undertaking; said costs not to exceed a sum of $200.00 to be
accounted for under Department of Public Works Project Number
E-1132; and
Orlainal to City Clert •
�� � � � 2�'7�94
. � � � 1� DINANCE
, COUNCIL FILE NO
PRESENTED BY ORDINANCE NO ��'
-3-
E. That said permittee shall within thirty (30) days after
the passage of this ordinance file a written acceptance thereof
with the City Clerk.
Section 3. This ordinance shall take effect and be in force
thirty (30) days from and after its passage� approval and
publication.
MAR 1? 197r9
Yeas Councilmen Nays Passed by the Council
B�er-
� �C��' �n Favor
Levine
Meredith �� � A gainet
S� MAR i ? 197Z
Mr. President (McCarty) Approved•
A �
Ci Cler Mayor
�� Form approved CorporatioM Coun�el By __,
PUBLISHED MAR 2 5 1�T�
D�'rOwM'•�ahUw .. , '
. - l'� RDINAN � E �'7594
' COUNCIL FILE NO
PRESENTED BY ORDINANCE NO I�LS �� ,
AN ORDIMANCE 6RANTIN6 rERMiSSiOM TO .IONN AOIW
AND SON COLONtAL FUNERAL t�EfME TO MAINT/IfM fTS
rRESEMT QlIIL�tN6 YITNlN TME CITY STREET
A�T'r111G IOTS 10, 11 I�10 12, BLOCK Z, .1. F.
EISEIMENCERS Ae0fT10M T0 SAINT 'AtlL.
YNEREAS, Tbe Co�ci1 of the City of Siint Padl, bp its nsolatio�,
C. F. I5Z667, s�rer�nea fabrusry 2�►� 197i � �scated s port�� of Na�tfa
A�renw s�iJotatng dlecks 1 a�d 2, d. F. Eis�sn IWttion to st. �sM1
iYi�g sorth of the folivwta� d�scribe� 1ine:
Al l th�t psrt o# Ms9AOl ia J�w. ai�ota.i�g Lots
1-13 i�cl., elk. 1, s�d Lots 1-t�! 1�1., elk. 2,
J. F. fisremnMgers Adiitioo to St. Psr1, tyin�
sartb of ths foi 1a�wiug deseribsd i i�: Car
�s�ci�� at s potnt aw ths Asrtthsrl� sxt�to� of
the ssst {i� of Rtcs St. 1a.53 fMt sai�a of
the �ortb ties o� s�r, o�` MM}, s�c. 3�-7Y9M-R22M.
sa i d norta i i as sl so fa�+n as tise d�d t+cat�d
c,�n�eri t�t of M�I ta Arrwe.; th�c� east�rly Eo
a poiat an ths Aortherlr axt�usioA of tbs �wst
i�ut af S+ylran St. 22.6y f�st s�tl+i of said
+iortb 1 fur.
a�d
MiEREAS, A e�onai t ioa of sai d racat Tai r�qa t ni t!r e�ar of .loh� A�ds�
�d Sa� C�#vnial F'w�s�al No�e to a'ply for aa ordi�oe pa�tt co�nar#� t�
pct io�s of 1 ts iwtl/i i u9 eacr�o�cl�f�y i nto ll�g�a�i• � bs�ro�d th� l t�t�s
nf��nd to i� th. +r.sa�iptiou a�ew.�p.rtal�lu� to ths p�rtto. of �ar�s.l is
Ihraw� wcst�d.
�
MltEREAS, Sa Id �11 d ing a 1 ss �neroacl+�s i�to Rtot S�n�t as ��Md .
b�r s surwy ��t by C. E. Co+�ltar a�l Assa�iat�s in�., a�d o�tifi�d
b�r .bba A. rst�rsoAi R.L.i. ib. 6267 on p�rch 10, 1969; aow th�rsfors
T!� COWIC 1 L OF TE� '�C 17'Y OF S111 NT �A�1t DOES OR6AiM s
S�ct te� i. Ti�t per�i ss ioa a�cf wtlw�i t�r are i�r� ��rant� to .1ohu
ll�a� s�N Se� Co1a��a1 FwMrsl Mo�■s, its wcc�s�ors a�t asst�s, to Mti�tatn
for ttw 1 i h o� t� pnsa�t bu i i d tag the s�ct st i ng bni 1 d i�g' s�ee9osch�spts ,
�At@ Mig110��i I�MW alld R�C! stl'�AL idjaCallt �O �+OL3 ��� �� i� �Z sf
slotk 2, J. F. Eisel�neqg��s Additioa to St. Paul , said racrria�hse�ts i�1�iiM �
brt �ot l 1�t ta! to the foi towf�g ke�ow� �ero�dra�ts:
Yeas Councilmen Nay� PaBSed by the Council
Butler
��Qn Tn Favor
Leviae
��� A�n;�
��e8C0
Mr. Prea�aent �M�csrtq) APpronea:
Attegt:
City Clerk Mayor
�� Form approved �orporatioa Counsel By , y
b �
� � 25�`�5�4
-2-
l. The encroachment o£ an eave into NIa.gnolia Avenue,
4.9 feet north of the above described line and ex-
tendin� from 0.5 feet west of to 19 .0 feet East of
the East line of Ri.ce Street.
2 . The encroachment of an eave into Magnolia Avenue,
, l04 feet north of t�ie ��bo�,re described line and ex-
tending from 19 .0 feet east of_ tc 105 . 2 feet �ast
of the Fast line of Rice StYeet.
3. The encroachment ot two 4. 5 foot wide concrete
foundations for Pillars, into Magnolia Avenue, 0.95
f_eet north of the above described line, centered
35 . 0 and 4G . 0 feet East a� the Ea.st line of Rice
Street.
4. The encroachment of an eave into Rice Street, 0.5
fe�t west of the �ast line of Rice Street and
abutting lots 10, 11, and 12 of Block 2, J. F.
Eisenmengers Addition to St. Paul, extending from
4.9 feet north of to 90. 0 feet south of the line
described above.
this permission azid authority being expressly limited to the exist-
ing building and terminating automatically upon the removal of the
existing structure.
Sectian 2 . The permission and authority granted herein is
made expressly subject to the conditions stated in Section 1. above
and to the following terms and conditions :
A. That said permittee shall ma.intain said encroachment
entirely at its own expense;
B. That said permittee shall furnish and deliver to the City
of Saint Paul a surety bond in the amount of Five Thousanci Dollars
($5,000.04) , to be in force for so long as the existing building
encroaches upon the public right-of-way; and said bond conditioned
upon the permit�ee complying with all the terms and con.ditions of
this permit and to indemnify, hold harmlessand defend the City of
Saint Paul, its agents , officers and employees from any and alI
dama.ges, claims, losses, judgments, suits or expenses of whatever
nature for injury to person and/or property arising out of or
connected with the ma.intenance and/or removal of said encroachment;
C. That said permittee shall pay the cost of publication
of this ordina.nce;
D. That said permittee sha11 pay the actual costs of admin-
istration incurred by the Department of Public Works because of
this undert�king; said costs not to exceed a sum of $200. 00 L-� be
' i r� .F T ?�"i T l,- J *� 1
cl.�COU7it�Cl fOi: uliQEi Uc��ciZ'i.:CGCTlt OL �'l:iu11G tivtjii.S �'i'O�LC� l�t_liii�:C.�'
E-1132; and
�+
Saint Paul, Minnesota
March 27, 1g72
To the Honorable� the City Council
Saint Paul� Minnesota
Gentlemen & Ma.dam:
We, .the undersigned� do hereby accept and agree
to abide by a11 the terms and conditions of
Council File No. 25759�, being Ordinartce No.
15046, adopted by the Council on March 17�
1972.
JOHIY AIIAA� AND SON
COIANIAL FUNERAL HOME
BY 1�.��� � ��.� � `��� �
�
, .c CG c� � c� �
ORIGINAL CITY OF SAINT PAUL
TO PAYOR OFFIC�E Or 7C-lE Ca;�7�TFtOLL�r^z '
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I st �- ' . 2nd
'Caid ouer to '
.� �
3rd and app � _._Adopted
Yeas Nays Yeas Nays
Butler B�•�CT"
Carlson CacJco�.,
Levine 25�594 �evine
Meredith �eredith
Sprafka �� rafka
p f >
L/
Tedesco T.�des�e—
Mr. President McCarty �r. Presidenf McCarty
O