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230409Odirinal to City Clerk a ORDINANCE + 2304 ®9 COUNCIL FILE NO PRESENTED BY G T "` ORDINANCE NO- An ordinance amending the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, as amended. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts, and Rezoning of certain pro- perties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the following des- cribed property from "B" Residence District to Commercial property, to -wit: Lot 7, Block 6, Edwin Deants Subdivision of Part of Smith and Lott's Out lots to the City of St. Paul, Ramsey County, Minnesota; situate on property located on the north side of Marshall Avenue between-Avon and Grotto Streets in the City of Saint Paul. Section 2. The property described above is subject to the following express conditions: 1. That,subject to any further reclassification of the hereinabove described real estate by virtue of proceedings therefor hereinafter instituted, conducted and completed accord- ing to the applicable provisions of said Zoning Code, effective as of the date of said petition for reclassification and the applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the following Tecified uses, to -wit: Commercial District for the operation of a one- operator beauty shop in the present single - family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance. 2. That the owner of said real estate, within the period of 60 days next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully executed counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said City of Saint Paul of a negative easement affecting said real estate, for the imposition, maintenance (� Original to City Clerk ORDINANCE 2304-09 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO — and enforcement of the aforesaid restrictions and limitations upon the employment and use of the property described herein, approved as to form and execution by the Corporation Counsel and recordable in the office of the Register of Deeds and said negative easement and restrictive conveyance shall be drawn to exclude all uses permitted in Commercial District.._ 3. That, in addition to other requirements therefor, said owner's written acceptance and grant of negative easement shall incorporate a certified copy of this ordinance, and immediately upon the aforesaid filing of the,' same the City Clerk shall cause one of such counterparts thereof,to be filed of -record in the office of the Register of Deeds in and for Ramsey County, Minnesota. N'` force tion. i Section 3. This ordinance shall take effect and be in thirty (30) days after its passage, approval and publica- r i� Yeas Councilmen Nays ICU? �,;,•�vrai1aroz� �zr.a _ -- — - -- - - _ _ It�C� ,� _— -- ---- - - -- - 1 Holland J In Favor Meredith V Against feteraen '44110"® /-, Form approved Corporation Counsel OCT 2 01966 PUBLISHED OCT 2 2 1966 D, 711 6 to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO ORDINANCE NO- An ordinance amending the Zoning Codeq Chapters 60 to 64 inclusive of the Saint Paul Legislative 6ode, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, as amended. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: r 2304ug Section 1. That the Zoning Code$ Chapters 60 to 649 inclusive of the Saint Paul Legislative Codeq pertaining to Use Districts, Height Districts, and - Rezoning of certain pro- perties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the following des- cribed property from "B" Residence District to Commercial property$ to wit: Lot 7 Block 6, Edwin Dean's Subdivision of Part of Smith and Lott's Out lots to the City of St. Paul, Ramsey Countyq Minnesota; situate on property located on the north side of Marshall Avenue between Avon and Grotto Sheets in the City of Saint Paul. Section 2. The property described above is subject to the following express conditions: 1. That subject to any further reclassification of the hereinabove described real estate by virtue of proceedings therefor hereinafter institutedg conducted and completed accord- ing to the applicable provisions of said Zoning Codeq effective as of the date of said petition for reclassification and the applicable provisions of the statutes of the State of Minnesotaq hereby: the employment of said real estate henceforth is restricted and limited to the following q3ecified uses, to wit: Commercial District for the operation of a one - operator beauty shop in the present single - family residence by the petitioner and property ownerq subject to all applicable statutest ordinancesq rules and regulations prescribed and promulgated by governmental agencies having cognizance. 2. That the owner of said real estate, within the period of 60 days next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully executed counterparts said owner's written acceptance of this ordinances incorporating among other things, said owner's grant unto said City of hint Paul of a negative easement affecting said real estates for the imposition, maintenance Yeas Councilmen Nays Carlson Dalglish Holland Meredith Peterson Tedesco Mr. President (Byrne) Attest: City Clerk Form approved Corporation Counsel By Passed by the Council Approved: Mayor Tn Favor Against Dayllca% to Printer I PRESENTED BY ORDINANCE COUNCIL FILE NO ORDINANCE NO- 230409- and enforcement of the aforesaid restrictions and limitations upon the employment and use of the property described hereing approved as to form and execution by the Corporation Counsel and recordable in the office of the Register of Deeds and said negative easement and restrictive conveyance shall be drawn to exclude all uses permitted in Commercial District. 3. That in addition to other requirements therefor, said owner's written acceptance and grant of negative easement shall incorporate a certified copy of this ordinances and immediately upon the aforesaid filing of the same the City Clerk shall cause one of such counterparts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. Section 3. This ordinance shall take effect and be in force thirty (30) days after its passages approval and publica- tion. Yeas Councilmen Nays Carlson Dalglish Holland Meredith PztLyngan ' T*de6ee- HNWI Attest. Mr' Vice President (Peterson) City Clerk Form approved Corporation Counsel By Passed by the Counci OCT 2 0 1966 l 1--*3— In Favor O Against Approved: ()CT 2 01966 Mayor 1 �1 J °- CITY OF SAINT PAUL, MINNESOTA /� T PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: The signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. For further information about the rezoning of property, call the Board of Zoning Office at 223 -4151. (Please type or print) ` Date: TO THE HONORABLE MAYOR AND CITY COUNCIL C/o the City Clerk, Room 386 City Hall City of Saint. Paul, Minnesota Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 507, or more of the frontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property: (legal descrition and street address) O(fd, 7- e from e 1 e- District to QM/01_Z ju 0/ P)_District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) RECORD OWNER SIGNATURE LOT BLOCK ADDITION Subject Property: W.�i /l on, i1110 Jam.. MW +' , W_M'01�m aI A N ' I i, mP-.0, 7 M� M= llw� vrv.&4�1 FOX RWN W: 511.120 2 MAO I'M N M —VOW-1 W.'_ St4e of Minnesota- ( ' County of Ramsey ( ss 0 .k /M o N v a L T. C I hyj-, being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of / t pages; ,that the parties described above are•the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me t is day of Address: No ary Public, Ram 'y County, Minn. My commission expi es Approved as to form 1/4/65 gi;NDREW P. ENGEBRETSON Office of the Corporation Counsel FGI 1/5/65 Notary Public, Ramsey County, Mlnrl+ P MY Commission Expires Aug. 27, 1960 I .19K r l CITY OF SAINT PAUL, MINNESOTA J. .. PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: The - signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. For further information about the rezoning of property, call the Board of Zoning Office at 223 -4151. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, Room 386 City Hall City of Saint Paul, Minnesota Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners of two- thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property: (legal descripti n and street ddress) from �e S ��� eh 7 District to 24 � J�'f L District , for the purpose of installing, constructing and /or operating the following: (describe briellyy the proADsed facility) CORD OWNER SIGNATURE TnT RT nru AnnTTTnV Subject Property: /"fu — M-O FmLi . �.<<i /L• %L/ 1L..� = ! /��/ �• Lam% A�• J1 ! 1 1"d-1 Ell I . - ..�_.' /' WA mm's I - wkw."O" "W"'I - v State of Minnesota County of Ramsey ( ss /UI u h 1-0 e A ! A "" being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of pages; that the parties described above are the owners respectively oftbellots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before m this_d y o / % Address: Telephone No. 5- Not ry Public, RaYflsey O unty, Minn. My commission expires / Approved as to form 1/4/65 FGI 1/5/65 ANDREW P.ENGEBRETSON Office of the Corporation Counsel Notary Public, Ramsey County, Minn. .My Commission Expires Aug. 27, 1969 r L G CITY OF SAINT PAUL, MINNESOTA PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: The-'signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. For further information about the rezoning of property, call the Board of Zoning Office at 223 -4151. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, Room 386 City Hall City of Saint Paul, Minnesota Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property: (legal description and street address) O� �T 7 61' J� from 6e 81i9-�� District to 61Q r(?[4k District, for the purpose of installing, constructing and /or operating �thefollow1 g• (describe briefly the proposed facility) _�)'�'�` RECORD OWNER SIGNATURE LOT BLOCK ADDITION Subject Property: 0 i� 77a 7 State of Minnesota ( ss County of Ramsey ( ,/hop, r,y 2 ,, 1 �eE� being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of - pages; that the parties described above are'the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me this �l day of Address: `7 Telephone No. 6-1 7� `Notary Public, Rams County, Minn. My commission 96R§FWP. ENGEBREI.;; Approved as to form 1/4/65 FGI 1/5/65 Notary Public, Ramsey County, Ac„ Office of the Corporation Counsel My Commission Expires Aug. 27, oiB9p �6 " CITY OF SAINT PAUL, MINNESOTA PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: The-signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. For further information about the rezoning of property, call the Board of Zoning Office at 223 -4151. 1 (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, Room 386 City Hall City of Saint. Paul, Minnesota Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 5070 or more of the frontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property: (legal description and street address) from to J District to District, for the purpose of inst ing, constructing and /or operating he o owing: describe brie y the prop-sed facility) RECORD OWNER STr.NATTTR.E TX" RT.Or*.K AnnTTmN Subject Property: 001 J l State of Minnesota County of Ramsey ( ss i An h h ("e 7. qUa l fin's -- being first duly sworn, deposes and, states that he is the person who circulated the within petition consisting of pages• that the parties described above are'the owners respectively of the`lots placed immediately following each name; that this petition was signed by each of said owners in the presence of_this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me this _day of c Address: Telephone No. 1 J Not ry Publi.c, amse County, Minn. /_-:2 7 My commission expires Approved as to form 1/4/65 ANDREW P:ENGEBRETSON Office of the Corporation Counsel FGI 1/5/65 Notary Public, Ramsey County, Minn, My Commission Expires Aug. 27, 196 y DEED OF NEGATIVE EASEMENT'AND ACCEPTANCE OF ORDINANCE R� THIS INDENTURE, made and executed this % � as day of December, 1966, by and between MONROE WALKER, of the County of 10 Ramsey, State of Minnesota, hereinafter designated "first party," and CITY OF SAINT PAUL, hereinafter designated "second party ", cv WITNESSETH: °. WHEREAS, the first party, on and for a considerable period 0 of time next preceding the 11th day of August, 1966, was and ever since said date has been the owner, in fee simple, of all of the tf J Q followiftg described real estate situate in the City of Saiht.tPaul, W LD County'of Ramsey, and State of Minnesota, to -wit: in Lot 7, Block 6, Edwin Dean's Subdivision of Part of Smith and Lott's Out Lots to the City of Saint Paul, C1? Ramsey County, Minnesota, being located on the Q north side.of Marshall Avenue between Avon and Grotto Streets; WHEREAS, said real estate on said date and for a considerable period of time next preceding the same, was zoned and classified "B" Residence District under and by virtue of the Zoning Code, Chapters 60 to 64 inclusive, Saint Paul Legislative Code, as amended, and pursuant to the petition of first party, the Council of the second party, according to the provisions of said Zoning Code and the statutes of the State of Minnesota, in such cases made and provided, with the written acquiescence of the owners of two - thirds of the several descriptions of real estate situated within 100 feet of said real estate, duly enacted City of Saint Paul Ordinance No. 13448, approved October 20, 1966, and published in the official newspaper of the second party on October 22, 1966, amending the said Zoning Code, so that said hereinabove described real estate was thereby and thereunder rezoned and reclassified from "B" Residence District to Commercial District, subject to express exceptions and conditions in the nature of special restrictions 1 S - s.131 so 0.00 sill e A upon the use of the same whereby the use and employment of said hereinabove described real estate was restricted to the following cc C= uses and employments, subject to further rezoning and reclassifica- tion of the same, by virtue of proceedings therefor thereafter Ax ininstituted, conducted,and completed, according to applicable 1 provisions of said Zoning Code, and of statutes of the State of Y Minnesota, to -wit: (a) Residential District uses permitted by'the regulatory provisions of the said Zoning Code, in "A" Residence District, "B" Residence District, and "C" Residence District,.thereby established, and . (b) Commercial uses permitted by the regulatory provisions of said Zoning Code in a Commercial District, hereby established, which shall in- clude no more than the establishment, maintenance and conduct of a one - operator beauty shop in the present single- family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and regu- lations prescribed and promulgated by governmental agencies having cognizance. WHEREAS, the first party, for himself, his heirs, administra- tors, executors and assigns, intends hereby to accept said Ordinance No. 13448, and to provide for the imposition, maintenance, and enforce- ment of such special restrictions upon the use of said hereinabove described real estate to run with the land and to grant unto the sedond party, in further compliance with the conditions of said Ordinance No. 13448, a negative easement therefor, NOW, THEREFORE, first party, as such owner of said hereinabove described real estate, for himself, his heirs, administrators, executors and assigns, does hereby covenant and bind himself, his heirs, administrators, executors and assigns unto the second party that, in accordance with said Zoning Code, particularly as the same has been amended by said Ordinance No. 13448, said real estate has been effectively restricted and limited in respect of its use and employ- ment and shall henceforth be restricted and limited in such particulars as follows, to -wit: r and said first party, for himself, his heirs, administrators, execu- tors and rssigns, does hereby grant, convey and warrant unto the second pa i ty, said City of Saint Paul, as such municipal corpora - tion, in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove described real estate and all thereof, for the imposition, maintenance and enforcement by the second party, as such municipal corporation, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run with the land, and for good and valuable consideration, the receipt and sufficiency whereof by the first party hereby is acknowledged. FURTHER, first party makes reference to said Zoning Code, as amended, and by reference incorporates the same herein, as part hereof, with the same intent, purpose, and effect as if said Zoning Code were fully set forth herein; and makes further reference to said amendatory Ordinance No. 13448 and to the duly certified copy of the same hereto attached and hereby incorporated herein by reference as part hereof; and said first party, for himself, his heirs, administrators, executors and assigns, hereby accepts said amendatory Ordinance No. 13448 and every provision, term, and condition of the same without reservation or exception. 3 That, subject to any further reclassification of hereinabove described real estate by virtue of pro- ceedings therefor hereafter instituted, conducted and completed according to applicable provisions of said Zoning Code, as amended, and applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the foll'awing specified L uses, to -wit: (a) Residential District uses permitted lf") by the regulatory provisions of the said Zoning Code, �j as amended, in A �� Residence District, B Residence C„) District, and "C" Residence District, thereby CIQ established, and (b) Commercial uses which shall Q include no more than the establishment, maintenance u' and conduct of a one - operator beauty shop in the present single - family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance; and said first party, for himself, his heirs, administrators, execu- tors and rssigns, does hereby grant, convey and warrant unto the second pa i ty, said City of Saint Paul, as such municipal corpora - tion, in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove described real estate and all thereof, for the imposition, maintenance and enforcement by the second party, as such municipal corporation, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run with the land, and for good and valuable consideration, the receipt and sufficiency whereof by the first party hereby is acknowledged. FURTHER, first party makes reference to said Zoning Code, as amended, and by reference incorporates the same herein, as part hereof, with the same intent, purpose, and effect as if said Zoning Code were fully set forth herein; and makes further reference to said amendatory Ordinance No. 13448 and to the duly certified copy of the same hereto attached and hereby incorporated herein by reference as part hereof; and said first party, for himself, his heirs, administrators, executors and assigns, hereby accepts said amendatory Ordinance No. 13448 and every provision, term, and condition of the same without reservation or exception. 3 IN TESTIMONY WHEREOF,,-.said first party has set his hand to this instrument as of the day and year first above written. 00 C= In Presence of: Lo n Ln --Pi � , 1f7 a 0 w STATE OF MINNESOTA ss. COUNTY OF RAMSEY Monroe Walker On this 1 6 tt day of December, 1966, before me, a Notary Public within and for said County, personally appeared Monroe Walker, to me known to be the person described in, and who executed the f6regoing instrument, and acknowledged that he executed the same as his free act and deed. Approved as to form and imecution / this -1 `1- -day of - -194 4 -Z - - 5s r, Gorporatiorw Gouns�t BETTY I LASSEN Notary public, Ramsey County, Minn. MY COMm[sslon''E &AS AwA 8; 1972 I DEED OF NEGATIVE EASEMENT AND ACCEPTANCE' OF ORDINANCE THIS *INDENTURE, made and executed this day' of - December, 1966, by`and between MONROE WALKER, of the County of °. Ramsey, State of Minnesota, hereinafter designated "first party," and CITY OF SAINT PAUL, hereinafter designated "second party - WITNESSETH: WHEREAS, the first party,'on and for a considerable period of time next preceding the 11th day of August, 1966, was and -ever " since said date has been the owner, in fee simple, of all of the " following described real estate situate in the City of Saint.;;Paul., County of Ramsey, and State of Minnesota, to -wit: -Lot 7, Block 6, Edwin Dean's Subdivision of Part of Smith and Lott's Out Lots to the City of Saint Paul, Ramsey County, Minnesota, being located on the north side of Marshall Avenue between Avon and Grotto Streets; WHEREAS, said real estate on said date and for a considerable period of time-next preceding the same, was zoned and classified "B" Residence District under and by virtue of the Zoning Code, Chapters 60 to 64 inclusive, Saint Paul Legislative Code, as amended, and pursuant to. the petition of first party, the Council of the second party, according to the provisions of said Zoning Code and the statutes of the State of Minnesota, in such cases made and provided, with the written acquiescence of the owners of two- thirds of the several descriptions of real estate situated within 100 feet of said real estate, duly enacted City of Saint Paul Ordinance No..13448, approved October 20, 1966, and published in the official-newspaper of the second party on October 22, 1966, amending the said.Zoning Code, so that said hereinabove described real estate was thereby and thereunder rezoned and reclassified from "B" Residence District to Commercial District, subject to ` express exceptions and conditions in the nature of special restrictions i 9 - _ - -- -- -- -- ••---- ..- ....�.,�� -- • cz. �+ ��::r>_ s:tra- ��-�.z•.P,�a...,aa�ua::;. z :- .z�.,�..;�,,,,.ai = i _ upon the use of the same-whereby the use `and -employment_•of said hereinabove described real estate was restricted to the.f_ollowing= • •uses and employments.,-subject - � .�• to further rezoning and reclassific� a- tion of the same, by virtue of proceedings therefor thereafter instituted, conducted,and,completed, according'to applicable' provisions of said Zoning Code, and of statutes of the State,of Minnesota, to -wit: (a) Residential District uses permitted by the regulatory provisions of the said Zoning Code, in "'A" ��Residence District, "B" Residence District., and C Residence District, thereby established, and (b) Commercial uses permitted by the regulatory provisions of said Zoning Code in a.Commercial District, hereby established, which shall in- clude no more than the establishment, maintenance- and conduct of a one - operator beauty shop in the present single- family residenc6 by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and regu- lations prescribed and promulgated by governmental agencies having cognizance. WHEREAS, the first party, for himself,,his heirs, administra- tors, executors -and assigns, intends hereby to accept said Ordinance No. 13448, and to provide for the imposition, maintenance, and enforce- ment of such special restrictions upon the use of said hereinabove described real estate to run with the land and to grant -unto the second party, in further compliance with the conditions of said , Ordinance_No. 13448, a negative easement therefor, NOW THEREFORE first party, as such owner of said hereinabove. described real-estate, for himself, his heirs, administrators, executors and assigns, does hereby covenant and bind himself, his heirs, administrators, executors and assigns unto the second party that, in accordance with said Zoning Code, particularly as the same has been amended by said Ordinance No. 131148, said real estate has been r effectively restricted and limited in respect of its use and employ- .:,: ment and shall henceforth be restricted and limited in such particulars as follows, to -wit: - 2 That, subject to any further reclassification of ' hereinabove described real estate by virtue of pro- ceedings therefor hereafter instituted.,-'conducted and completed according to applicable provisions of said Zoning Code, as amended, and applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the following specified., uses., to -wit: (a)'Residential District uses permitted by the regulatory provisions of the said Zoning Code, !- as amended, in "A" Residence District, "B" Residence District, and "C" Residence District, thereby established,'and (b) Commercial uses which shall f include no more than the establishment, maintenance' - -and conduct of a one - operator be shop in the present single - family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance; and said first party, for himself,.his heirs, administrators, execu- tors and assigns, does hereby grant, convey and warrant unto the second party, said City of Saint Paul, as such municipal corpora- tion, in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove described real estate and all thereof, for the imposition, maintenance and enforcement by the second party, as such municipal corporation, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run with the land, and for good and valuable consideration,.the receipt and sufficiency whereof by the first party hereby is acknowledged. FURTHER,. first party. makes reference to said Zoning Code, •as amended, and by reference incorporates the same herein, as part f. hereof, with the same intent, purpose, and effect as if said Zoning Code were fully set forth herein; and makes further reference to said amendatory Ordinance No. 13448 and to the duly certified copy of the same hereto attached and hereby incorporated herein by reference as part hereof; and said first party, for himself, his heirs, administrators, executors and assigns, hereby accepts said amendatory Ordinance No. 13448 and every provision,, t- erm,,and condition of the same without reservation or exception. • - is _ IN TESTIMONY WHEREOF,,:said first party has set his hand to this instrument, as of the day and year first above-written.' In Presence of: a Ulf o I Monroe Walker STATE OF MINNESOTA J ss. COUNTY OF RAMSEY On this / t4 day of December, 1966, before me,' a Notary Public within and for said County, personally appeared Monroe Walker; to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that he executed the same as his free, act and deed. 9" Ji LASSEN Noldr9 Pdblic, Ramsey County, WK. W1, Z mntulen ExWEeA A2EU 94;L V2 APAro,ved ap to form anQdpex¢cuti" thir�� day of a Gorpuration Coune 1- • 4 B, ARD ih1E 223-4151 .. OF ZONING, CITY OF SAINT PAUL Room 20 CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA 55102 Mr. Harry E. Marshall City Clerk Building Dear Sir: 23040� /,3 jv� e September 20, 1966 This is written in response to the petition of Monroe G. Walker to rezone from "B" Residence to Commercial, property located on the north side of Marshall Avenue between Avon and Grotto Streets, described as Lot 7, Blk. 6, Edwin Dean's Subdivision. This matter was considered at the September 1, 1966 Board of Zoning meeting. The Petitioner wishes to operate a Beauty Shop in his home. The property has a frontage of 44.25 feet along Marshall Avenue and an area of 5,852 square feet. The surrounding zoning is "B" Residence and the surrounding land use is either one or two family residential. It is the recommendation of the Board that the petition be granted and the property be rezoned to commercial subject to a negative easement limiting the commercial use to that of a beauty shop with one operator for the use solely of the Petitioner. Very truly yours, PETITION TO REZONE —•�- N. R. H iden A petitidA havitig been filed requ Secretary that Chapters 60 to 64 ry inclusive, St. Paul Legislative Code, re Zoning, etc., be amended so as to NRH /nm rezone Lot 7, Block 6, Edwin Dean's Subdivision, on the north side of Encl. Marshall Ave. between Avon and Grotto Sts., to Commercial District, the Z.F. 6123 Council of the City of Saint Paul has fixed the 22nd day of September, 1 � at ten o'clock the in the forenoon in the � Council Chamber in the City Hall of said City, and at said time and place, the Council will hear all persons and all objections and recommendations rel- ative to said proposed amendment. Dated September 7, 1960. HARRY E: - kARSHALL, City Clerk.- »- (September 10, 1966) J o,f r/ DEPARTMENT OF FINANCE ,CITY OF SAINT PAUL 1 _ MINNESOTA 113 Court House, 55102 JAMES J. DALGLISH, Commissioner Phone: 223 -4646 THOMAS J. KELLEY, Deputy Commissioner August 17, 1966 To the Council City of Saint Paul Gentlemen: I have rechecked the attached petition of Monroe Walker, filed in the matter of rezoning, Lot 7, Block 6, Edwin Dean's Subdivision. The pro- perty is located on the north side of Marshall Ave- nue between Avon Street and Grotto Street, from a Class "B" Residence District to a "Commercial[° District, and find that-said petition ja sufficient. s very ly, mes J. lglish Commissioner of Finance Re: 5 -172 c.c. Mr. Ames' City Architect Mn I, U N. R. -Heiden �U1 F Zoning. Board THUG 10 1966 CI'F'Y ftAM dams LUAKD a4aut k'aul, mialle5rim FILE Gig No. 230409= Ordinance Not Victor T. Tedesco — 1 An ordinance amending the Zoning, Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code; pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul; as amended._ _ The Council of the City of Saint Paul Does Ordain: SECTION 1 , That the Zoning Code, Chapters 60 to ,64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts, and Rezon- ing of certain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the following described fro erty from 'B" Residence District o Commercial property, to -wit: Lot 7, Block 6, Edwin Dean's Sub- division of Part of Smith and Lott's Out Lots to the City of St. Paul, Ramsey County, Minnesota; situate on property located on the north side of Marshall Avenue between Avon and Grotto Streets in the City of Saint Paul. SECTION 2 The property described above is subject to the following express conditions: 1. That, subject to any further re- classification of the hereinabove de- scribed real estate by virtue of pro- ceedings therefor hereinafter instituted, conducted and completed according to the applicable provisions of said Zoning Code, effective as of the date of said petition for reclassification and the applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate hence- forth is restricted and limited to the following specified uses, to -wit: Commercial District for the opera- tion of a one - operator beauty shop in the present single - family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and reg- ulations prescribed and promulgated by governmental agencies having cognizance. 2. That the owner of said real estate ! within the period of 60 days next succeeding the publication of this or- dinance, shall file with the City Clerk, in two (2) fully executed counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said City of Saint Paul of a negative ease-' ment affecting said real estate, for the imposition, maintenance and enforce- ment of the aforesaid restrictions and limitations upon the employment and use of the property described herein, approved as to form and execution by the Corporation gounsel and record- able in the office of the Register of Deeds and said negative easement and restrictive conveyance shall be drawn to exclude all uses permitted in Commercial District. 3. That, in addition to other require- ments therefor, said owner's written acceptance and grant of negative ease- ment shall incorporate a certified copy of this' ordinance, and immediately upon the aforesaid filing of the same the City Clerk shall cause one of such counterpparts 'thereof to be filed of record in the office of the Register of Deeds in and, for Ramsey County, SECTION 3 This ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. Passed by the Council October 20, 1966. Yeas — Councilmen Carlson, Dalglish, Holland,, Meredith, Mr. Vice President (Peterson) -5. Nays -0: Approved October 20, 1966. ROBERT F. PETERSON, Acting Mayor. Attest: HARRY. E. MARSHALL, . City Clerk., (October 22, 1966) STATE OF MINNESOTA County of Ramsey ss. CITY OF SAINT PAUL I +------------------ - - - - -- E.-- Max�hall.� . _ --------------------- ---------- City Clerk of the City of Saint Paul, Minnesota do hereby certify that I have compared the attached copy of Council File No ........ 3040�� being Ordinance No. 133448 as adopted by the City CounciL-.__-._..- Octob- er. .?,0tl;d ........... 19 .... 66 ....... and approved by the Mayor -------------- - - - --- Oct. obex .20th, ........... 19 .... 66 ....... with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, Minn., this- - - - - -- 1st---------- - - - - -- -day of. -- - -�lrc it ., ------------------- .--- • - - - -A. D. ....._m ......... .......... 22 City Clerk. Q J Council File No. 230409— Ordinance No. 13448 —By Victor J. Tedesco — An ordinance amending the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, rrtaining to Use Districts, Height stricts and Rezoning of certain properties in the City of Saint Paul; as amended. 1 The Council of the City of Saint Paul Does Ordain: SECTION 1 4J That the Zoning Code, ,Chapters 60' C0 to 64, inclusive, of the Saint Paul [� Legislative Code, pertaining to Use Districts, Height Districts, and Rezon- ing of certain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to pprezone the following described too Commercial property, "esido to-wit: Lot 7, Block 6, Edwin Dean's Sub- :::I_ division of Part of Smith and Lott's o Out Lots to the City of St. Paul, o Ramsey County, Minnesota; CO situate on property located on the north side of Marshall Avenue between Avon and Grotto Streets in the City of Saint Paul. . SECTION 2 The property described above is subject to , the following express conditions: 1. That, subject to any further' re- classification of the hereinabove de- scribed real estate by virtue of pro- ceedings therefor hereinafter instituted, conducted and completed according to the applicable provisions of said Zoning Code, effective as of the date of said petition for reclassification and the applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate hence- _ forth is restricted and limited to the f - " following specified uses, 'to -wit: Commercial District for the opera- tion of a one - operator beauty shop In the present single - family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and reg- ulations prescribed and promulgated by governmental agencies having cognizance. 2. That the owner of said real estate, within the period' of 60 days next succeeding the publication of this or- dinance, shall file with ,the City Clerk, in two (2) fully executed counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said u City of Saint Paul of a negative ease- ment affecting said real estate, for the impbsition, maintenance and enforce- ment of the aforesaid restrictions and limitations upon the employment and use of the property described herein, approved as to form and execution by the Corporation Counsel and record- able in the office of the Register of Deeds and said negative easement and restrictive conveyance shall be drawn to exclude all uses perrnt tted in '?t -�' Commercial District. 3. That, in addition to other require- ments therefor, said owner's written. acceptance and grant of negative ease- ment shall incorporate a cer4ified copy ; w of this ordinance and immediately upon the aforesaid- filing of the same �.�. the City Clerk shall cause one of such '• counterparts 'thereof to be filed of f:ri record in the office of the Register Deeds in and for Ramsey County, SECTION 3 r This ordinance shall take effect ,and ; be in force thirty (30) ' days after its passage, approval and publication. 19Passed by the Council October 20, 9 Yeas — Councilmen Carlson, Dalglash, Holland, Meredith, Mr. Vice President (Peterson) -5. Nays-0. Approved October 20, 1966. ROBERT F. PETERSON„ Acting Mayor. Attest: HARRY E. MARSHALL, City Clerk. (October 22, 1966) STATE OF MINNESOTA County of Ramsey ss. CITY OF SAINT PAUL I+ H E.-_ Maxshall- ...._ ------------------------------- City Clerk of the City of Saint Paul, Minnesota do hereby certify that I have 230409, being compared the attached copy of Council File No ................. -- ....... ----------__---- OrdinanCe No. 13448,, as adopted by the City Council ... _ ...... __ October 20th, .................... 19 66 and approved by the Mayor ....................October 20th, 19.... with the original thereof on file in my office. further certify that said copy is a true and correct copy of ial, and the whole thereof. "?�JV W'f r ESS my hand and the seal of the City of Saint Paul, Minn., ' /v _. /_ _ day of - - -- Dece ber. ,--------------------- -------A. D. 6 .. City Clerk. City Clerk CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 22 September 9, 1966 File X172, Page You are hereby notified that a public hearing will be held in the Council Chambers of the City Hall and Court House in the City of St. Paul at 10:00 a.m. on September 22, 1966, on the petition of Monroe Walker to rezone from "B" Residence to Commercial District Lot 7,,Block 6, idwin Dean's Subdivision, for a beauty shop in there home. The property is located on the north side of Marshall Avenue between Avon and Grotto Street. For further information contact Planning Board, Room 20, Court House or phone 223 -4151. JAMES J. DALGLISH Commissioner of Finance J .. _ . • ., Aug.- 5, 1966. Mr, Monroe Jams Walker, , 769 Marshall Ave • St. pau]., Minn.. - _ , - . • _ . r . "Dear Sir; • The donmissioner of P'in repo d toW that your - - petition to rezono Lot 7,- Block -6 's Sub. from a Itesiden- ` tial to 'a Coy metclA . District - nsuf cent: Therefore, non further sotion_ can he take tt Very truly yours; x _ City Clerk bp November 9, 1966 Mr. Monroe Walker 769 -Marshall Ave - - _ St. Paul ?'Minnesota' ; Dear $irt _ .-Enclosed is -a copy,,of- Ordinance No. 13 iding for the rezoning < o#' Lot '�,. +Block 6, Edwin Dean' ivis of 'Part of Smith and j ' Lott's- Out Lots; -oh -the no de ars Ave. between 'Avon and Grotto .Sts.; to Comiiercia istrict, o- the ration of a one - operator . beauty shop in the presen ingle -fami residence, subject to the -Filing with the'City Clerk in 2 ly execute counterparts,,of a negative ease- ' ♦ ment and written acceptant f the -or ance. The Corporatio s- 's off give you further informatigri_.as to the form of instrument. It'- should be filed, in this - o"`fice 'within 6o days. ° - Very truly yours, City- Clerk _ - ng i� DEPARTMENT OF FINANCE 3 �� CITY OF SAINT PAUL MINNESOTA 113 Court House, 55102 JAMES J. DALGLISH, Commissioner THOMAS J. KELLEY, Deputy Commissioner August 4, 1966 To the Council City of_Saint Paul Gentlemen: + I have checked the attached petition of Monroe Walker, filed in the matter of rezoning, Lot 7, Block 6, Edwin Dean's Subdivision. The property is located on the north side of Marshall Avenue between Avon and Grotto Streets, from a Class "B" Residence District to a "Commercial" District, and find that said petition,is insufficient. q 4Dglish y, Commissioner of Finance Re: X -172 c.c. Mr. Ames City Architect N. ' R. Heiden Zoning, Bas rd X22 X22 44 Phone: 224 -4612 Ext. 343 -344 'r 132, z- 2nd i Laid over to 3rd and app I b I— Adopted O! F71 0 • Yeas Nays Yeas Nays arlson Carlson \ alglish Dalglish \Tolland oHand Aeredith 30 Meredith Peterson RAMrsea \—Tedesee �edes6e o. President Byrne e e,im1 �iiiliTi i�iifii Yr ��i.;. B.y! x yjoe PreBidont (PetersoT-