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229771ORIGINAL TO CITY CLERK' U PRESENTED BY COMMISSIONE , CITY OF ST. PAUL COUNCIL ' OFFICE OF THE CITY CLERK FILE NO. q7 CIL ,RESOLUTION- GENERAL FORM TE V RESOLVED, by the Council of the City of Saint Paul, pursuant to the applicable Minnesota State Statute, Sec- tion 117.42, Minnesota Statutes Annotated, that.an appeal having been taken thereto and now is pending in the District Court in and for the County of Ramsey and State of Minnesota, from the Award of Damages in the amount of $300.00, as made and confirmed by the prior resolution of this Council, Council File No. 228323, approved April 27, 1966, for the condemnation and taking under power of eminent domain, by said City, of the following described land, situate therein, to -wit: An easement in the land necessary for the slopes, cuts and fills, including right of removal of lateral support from subject land or remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and-sur- facing with bituminous material of Mackubin Street in the following: (Except Maryland Avenue and Mackubin Street) the West 100 feet of Lot 60, Wilkin & Heywards Out Lots to St. Paul, said ease- ment being in•the land along the west line of the - tract described and immediately adjacent to the east line of Mackubin Street in said block and being of variable width but not to exceed a maximum width of 6.0 feet, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota; in and by t conducted a provisions and taking and grading COUNCILMEN Yeas 4 Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President, Byrne hat certain public improvement proceeding instituted, nd completed therefor by said City under applicable of its Home Rule Charter, in the matter of condemning said property in connection with changing the grade and surfacing with - bituminous material Mackubin Adopted by the Council 19— Approved 19— JIn Favor Against Mayor zz 22Q771 ORIGINAL TO CITY CLERK' CITY OF ST. PAUL COUNCIL NO. FILE _ OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE 2 Street from West Cook Avenue to West Maryland Avenue; Jessamine Avenue from Mackubin Street to Kent Street; Jessamine Court from Jessamine Avenue to the extended south line of Lot 16, Block 9, Como Prospect Addition, described in said prior resolution; -that hereby said Council appropriates and sets aside in the Treasury of said City, in a fund therein to be known as The Condemnation and Award Fund a sum equal in amount to said Award of Damages, to -wit: the sum of $300.00, and does hereby provide for the retention, thereof therein during the pendency of said appeal, and, further, that the present Fund No. 6000 -745 be encumbered to the extent of the above recited Award pending disposition of said appeal, available at all times for the payment thereof upon demand to whomsoever shall be shown to have a clear right thereto, and hereby further pledges the full faith and credit of said City for the payment of any increase of said Award of Damages allowed upon said appeal, and that said appropriation is made from the funds of the City heretofore appropriated and made available therefor. COUNCILMEN AUG 111966 Adopted by the Council 19— Yeas Nays Carlson AUG 111966 Dalglish -proved 19— Holland Meredith In Favor Peterson Mayor Tedesco y Against Mr. President, Byrne PUBLISHED AUG 13 196 22