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229969ORIGINAL TO CITY CLERK 229969 _ CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK FILE COUNCIL RESOLUTION - GENERAL FORM :PRESENTED BY COMMISSIONS DATE RESOLVED, That Clark Oil and Refining Corporation be and hereby is permitted to construct and operate a gasoline I filling station on property located at 400 North Dale Street, more particularly described as all of Lots 17 and 18 except the east 10 feet thereof, all in Block 10 of Mackubin and Marshall's addition to Saint Paul, in accordance with plans dated July 17, 1966; subject to compliance with all applicable city ordinances, State statutes and rules and regulations of public authorities having cognizance; subject to that certain Covenant and Agreement dated August 17, 1966, executed by the fee owners of the property and by Clark Oil and Refining Corporation, assignee, a copy of which is labeled Exhibit A and attached hereto. /D G�- r- Counsel COUNCILMEN 'AUG 3 01966 Adopted by the Council 19— Yeas Nays Carlson ` AUG 3 01966 Dalglish pproved 19— F Meredith Favor 0 I Mayor Tedesco A gainst Mr. President, Byrne L PUBLISHED SEP 3 1966 Paz J +•'`�+ OUAD�UPLICA TE TO DEPARTMENT ' ✓ CITY OF ST. PAUL COUNCIL ���1VbV �'V OFFICE OF THE CITY CLERK FILE NO. COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY Victor J. Tedesco COMMISSIONER DATE - RBsOLVED9 That Clark Oil and Refining Corporation be cn and h*reby is permitted to construct and operate a gasoline CM W filling elation on property located at 1+00 North Dale Street, more particularly described as all of lots 17 and 18 except O11:101 i the east 10 feet thereof, all in Block 10 of Maekubn and C Y Marshall's addition to Saint Paul, in accordance with plans 0 dated July 17, 1966; subject to compliance with all applicable I city ordinances, State statutes and rules and regulations of public authorities having cognizance; subject to that certain Covenant and Agreement dated August 17, 1966, executed by the fee owners of the property and by-Clark Oil and R®fini.ng Corporation, assignee, a copy of which is labeled Exhibit A and attached hereto. AUG 3 01966 COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson AUG 3 01966 Dalglish Approved 19_ Meredith 5 In Favor Thomas R. Byrne Mayor Tedesco A gainst Mr. President, Byrne 2a ll� 4 O COVENANT AND AGREEMENT r -• -� W 1. That until a petition for rezoning is under- taken and successfully completed to rezone the easterly seven (7) feet of said parcel to Commercial, that no Commercial use shall be made of the easterly seven (7) feet of said premises, that in the construction and opera- tion of the proposed service station the easterly seven (7) feet of said parcel shall be used only for plantings or grass, no Commercial activities or use shall be carried on with the effect that said easterly seven (7) feet shall be a buffer between the Commercial use and the adjoining B Residential Zone. b 8 4 4 U gar A LM WHEREAS, John E. Blomquist, Inc. and Irving M. Levenson CC are owners of Lots 17 and 18' except the East 10 feet thereof, all s in Block 10 -of Mackubin and Marshall's addition,to Saint Paul, which parcel of land is located on the northeast corner of Dale �and Central Avenue; and o WHEREAS, the owners of said parcel propose to develop s this site into a Commercial use for a gasoline service station which requires a Commercial Zone; and WHEREAS, the easterly seven (._7) feet of said parcel is B Residence; now, therefore, In consideration of the granting of the permit for a service station, the owners hereof hereby covenant and agree with the City of Saint Paul: 1. That until a petition for rezoning is under- taken and successfully completed to rezone the easterly seven (7) feet of said parcel to Commercial, that no Commercial use shall be made of the easterly seven (7) feet of said premises, that in the construction and opera- tion of the proposed service station the easterly seven (7) feet of said parcel shall be used only for plantings or grass, no Commercial activities or use shall be carried on with the effect that said easterly seven (7) feet shall be a buffer between the Commercial use and the adjoining B Residential Zone. b 8 4 4 U gar A LJ cc LO 0 a i 2. That this covenant and agreement shall be binding upon the heirs, successors and assigns and shall be recorded and run with the land. I 3. That any violation hereof by the owners, their heirs, successors or assigns, shall I� constitute gro.'unds for revocation of any necessary license or permit and that this covenant and agreement may be used as a evidence in any court of law of the facts herein stated. IN WITNESS WHEREOF, ;the parties hereto have hereunder set their hands this 1_ day of Acuqu6t , 1966. i 1 i e o I al I d -2- Irvin M. Levenson Z-ngz� 7., a:j� Clark Oi and Refining Corporation, Assignee BY: B) 0109 W LQL. Cq� 0 0 y � � � 1• i STATE OF MINNESOTA ) COUNTY OF Rw4ey ss., i On thi s 17 day of Augubt , 19661 before me, a notary public within and for said County, personally appeared John E. B.Zomgw:ht and chxLsti,ne Valov.ich , to me personally known, who, being each by me duly sworn did say that they are respectively the President and Secretary of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said John E. Stomqu.i4t and chx"tine Vujov.ich acknowledged said instrument to be the free act and deed of said corporation. A /] ig 0 My commission expire';- � . 41 R l � R my om Nb!!c, an�iseys� io, Expires Dec. f 00 c L" WISCONSIN CM STATE OFXKXDU=(X% ) ss. COUNTY OF M I LAUKEE ) CQ Y On'thi's i8th _ day of August , 19669 O GO before me, • a •notary public ,within and for said County, personally appeared Emory-'T. Clark and GPOT;P T_ Wormley , to me personally known, who, being each by me duly sworn did say that they are respectively the President and Secretary of the corporation named in the.foregoing instrument, and that the seal affixed,-to said instrument is the corporate seal of said corporation and that'said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said _ Emory T. Clark and George T. Wormley acknowledged said instrument to be the free act and deed of said corporation. Notary Public M; jga17kPP County My commission 7 0 j n � r " ✓ J f 00 c L" WISCONSIN CM STATE OFXKXDU=(X% ) ss. COUNTY OF M I LAUKEE ) CQ Y On'thi's i8th _ day of August , 19669 O GO before me, • a •notary public ,within and for said County, personally appeared Emory-'T. Clark and GPOT;P T_ Wormley , to me personally known, who, being each by me duly sworn did say that they are respectively the President and Secretary of the corporation named in the.foregoing instrument, and that the seal affixed,-to said instrument is the corporate seal of said corporation and that'said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said _ Emory T. Clark and George T. Wormley acknowledged said instrument to be the free act and deed of said corporation. Notary Public M; jga17kPP County My commission 7 0 I COVENANT AND AGREEMENT i WHEREAS, John E. Blomquist, Inc. and Irving M. Levenson are owners of-Lots 17 and 18,'except the East 10 feet thereof, all in Block 10 of Mackubin and Marshall's addition to Saint Paul, 9• which parcel of land is located on the northeast corner of Dale and Central Avenue; and WHEREAS, the owners of said parcel propose to develop t this site into a Commercial.use for a gasoline service station which requires a Commercial:,Zone; and WHEREAS, the easterly seven (..7) feet of said parcel is B Residence; now, therefore I In consideration of the granting of the permit for a service station, the owners1hereof hereby covenant and agree with the City of Saint Paul 1. That until a'petition for rezoning is under- taken and su(cessfully completed to rezone the easterly seven (7) feet of said parcel, to Commercial, that no Commercial use shall be rl made of the easterly seven (7) feet of said i! - premises, that in the construction and opera- tion of the;'proposed service station the easterly se;jen (7) feet of said parcel shall be used only for plantings or grass, no Commercial activities or use shall be carried on with the effect that said easterly seven (7) feet shall, e a buffer between the Commercial use and they adjoining B Residential Zone. EXHIBIT A I 1 The ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPANY does hereby certify that from an examination of the records in the office of the Register of Deeds and /or Registrar of Titles, in and for the County of Ramsey and State of Minnesota, it appears that the following are the apparent record owners of: I , III • Lots 17 and 18 except the East 10 feet thereof, all in Block 10 of Mackubin and Marshall's addition to Saint Paul. Apparent record owners:•'John E. Blomquist, Inc., and Irving M. Levenson. Taxes and Judgments, not examined. li � i Witness the signature of pan authorized officer of the'said Company and its corporate seal this'l0th day of August A. D. 1966 at 8 o-'clock A. M. STO PAR ADD, SIRA,By a I T L E OL,U A, 'A►dd E"E OOo ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPANY BY An Auth rize For: St. Paul Real Estate Co. 2284 W. 7th St. r ' Del to. Ronald Hansen Ass't Corporation Counsel St. Paul, Minn. ure �, i 2 et. Paul 1ral Estate Tammany y 2284 W. SEVENTH ST. • ST. PAUL, MINN. 55116 V Property Management Phone 698 -0748 • Land Development • Real Estate Sales • Income Properties • Business Broker • Mortgage Loans July 27, 1966 TO THE HONORABLE MAYOR AND CITY COUNCIL CYO THE CITY CLERK CITY OF ST. PAUL, MINNESOTA Gentlemen: At the Council Meeting of June 22 19660 a Special Use Permit was granted to the CLARK OII�' & REFINING CORPORATION for use as Service Station at the-TON-E. corner of Dale & Central Ave. This permit was granted for,'part of lot 15, all of 16, and part of 17. At the same meeting, after the permit was granted, a resolution was adopted directing the Public Works Depart - ment, to"start condemnation proceedings to acquire all of lots 15, & 16. In as much as this condemnation for street widening will give the CLARK OIL & REFINING CORPORATION only 29 feet in deepth along Central Ave., this letter is written to ask the Mayor and City Council to allow the Clark Oil Co. to move its pro- posed building site to the East of the original permit and allow it to erect its station on lot 17 & part of lot 18 as shown in the accompanying plans. CLARK OIL & REFINING CORPORATION is also requesting permission from the Mayor and City Council for access rights over lot 16 when it is acquired by the Public Works Department, as shown In the accompanying plans, until such time as Dale Street is widened. Sincerely, , ST. PAUL EAL ESTAqE7ZCO PIANY Marvin Perlman 1 O Q O m w Q V7 LU w W U- 0 Z N Ln Q J Q Z O Z O w u Z N N Q O tn w Z ., ry O Q w W LL O O O m a H Z Q N w M w JOHN E. BLOMQUIST, INC. 712 NORTHWESTERN BANK BLDG. ST. PAUL. MINNESOTA 55101 224 -2346 r 0!3�-2 ESTATE • PROPERTY MANAGEMENT • MORTGAGE LOANS • INSURANCE August 9, 1966 Mr. Ronald Hanson, Assistant Corporation Counsel,; City of Saint Paul, Court House, Saint Paul 5510 i Dear Mr. Hanson: .f Relative to the petition of;'Marvin Perlman on behalf of Clark Oil Company to rezone rthe property at the corner of West Central Avenue and Dale Street, please be advised that John E. Blomquist, Inc. is/the owner of the property commonly known as 609 West Centrali4venue, and legally described as* the Bast ten (10) feet of/ Lot seventeen (17) and all of Lot eighteen (18) except the/East ten (10) feet thereof, Block ten (10), Mackubin and Marshall•s Addition to Saint Paul, which property we have agreed to sell to the Clark Oil Company contingent upon your favorable action in the matter of rezoning. Thanking you for your i ooperation, I remain* Yours very truly, JOHN E. BLOtQUIST, INC. EC�4 AUG 10 1966 CORPORATION. COUNS John B. Blomquist.,''President � 1 Or . 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