224577Original to City Clerk
ORDINANCE
COUNCIL FILE NO.�
PRESENTED BY ORDINANCE NO.— `� 6
An ordinance granting permission to Kieffer Brothers
Investment and Construction Company, a Minnesota corporation,
to construct a public sanitary sewer and public storm sewer
in a certain perpetual public easement provided to be granted
or caused to be granted by said permittee to the City of Saint
Paul, said public sanitary sewer and public storm sewer to serve
a tract of land described as Lot 7, Block 2,Wardell Addition and
Lot 8,Fulton's Subdivision of Block 4,Gilbert's Montcalm Place.
This is a>, emergency ordinance rendered necessary for the
preservation'of the public peace, health and safety.
THE COUNCIL OF THE GITY OF SAINT PAUL DOES ORDAIN:
Section 1. That permission and authority are hereby granted to
Kieffer Brothers Investment and Construction Company, a Minnesota',corporation,
to construct a public sanitary sewer and public storm sewer in and through
a certain perpetual public easement herein provided to be granted br caused
to be granted by said permittee to the City of Saint Paul as a condition
precedeq to the effect of such grant of permission and_.authority hereunder,
such public- sanitary sewer and public storm sewer to serve a tract of--land
described as Lot 7 Block 2 Wardell addition and Lot 8 Fultonls Suu ision-
of Block 4 Gilbnrt's Montcalm Place,and such public sanitary sewer and public
storm sewer to be constructed in such perpetual public sewer easement in lands
described as follows';
"A permanent easement 30.0 feet in width on Lexington Park Plat
10, Block 2, for the purpose of constructing and maintaining a
public sanitary sewer, a public storm sewer and public water main,
on, under, across and through a strip of land 30 feet in width,.
D/C the centerline of said easement being described as follows:
n 'Beginning at a point on the west property line of Lexington Avenue
/ that is 466.0 feet south of the south line of Randolph Avenue,
thence, in a northwesterly direction on a line making an angle
of 55 0001 with the west line of Lexington Avenue a distance of
208.0 feet to a point; thence in a westerly direction a distance
of 70.0 feet on a deflection angle of 350001 to the left, said point
being the point of ending."
Section 2. That the Commissioner of Public Works hereby is authorized
{ to ,issue a permit to Kieffer Brothers Investment and Construction Company for
the -construction of such public sanitary sewer and public storm sewer, upon
and subject to the following provisions, terms and conditions:
1. That said permittee shall construct said sewers entirely at
its own expense, under the supervision and to the satisfaction of
the Commissioner of Public Works, and in accordance with the plans
and specification prepared by him.
2. That said permittee shall pay the cost of engineering and inspec-
tion of said work, and for the publication of this ordinance. -
Page 2.
3. That said permittee shall properly protect all excavations
made in the streets both day and night so as to avoid all damage
or injury to persons or property; shall properly fill and tamp
said streets to avoid settling and shall restore said streets
to their.oxiginal.condition.
4. That said permittee, after the inception of said work, shall
prosecute the same continuously with diligence, and fully complete
said work to the satisfaction and approval of said Commissioner on
or before January 1, 1967.
5.- That said permittee expressly agrees and undertakes to fully
indemnify and hold harmless the City of Saint Paul, its agents,
officers, 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.
6. That said permittee shall furnish a bond to the City of Saint
Paul in the sum of $10,000 conditioned to comply with all the terms of
this ordinance andiD indemnify and save harmless said City from
all liability, loss, judgments, suits, costs, charges, and expense that
r may accrue to persons or property occasioned by the making of the
improvement or arising out of same.
7. That said permittee shall not proceed to construct said sewers
unless and until said permittee shall have fully complied with the
provisions regarding insurance and indemnification contained in the
City of Saint Paul Department of Public Works Specifications for
Street and Sewer Construction dated April 1, 1959, Section numbered
1.44 of said Specifications, as amended, applicable to contractors.
For the purposes of this ordinance, the aforesaid section 6f` §aid
Specifications numbered 1.44, as amended, shall be read as though
the word " permittee" were substituted for the word "contractor"
wherever the same appears in the aforesaid Section 1.44, as amended.
Said Section 1.44, as amended, of the Specifications for Street and
Sewer Construction in the City of Saint Paul is hereby incorporated
herein by reference as fully and as completely as if set forth herein
vtrbatim. Proof of compliance with the provisions of the aforesaid
Section, as amended, shall be in such form as the Corporation Counsel
of the City of Saint Paul -may direct, and the documents required by the
aforesaid Section 1.44, as amended, shall, after submission to the
/Corporation Counsel, be filed in the office of the Comptroller of the
City of Saint Paul.
original to 13ty Cleric
PRESENTED BY
ORDINANCE
COUNCIL FILE NO,
22��
ORDINANCE NO. o ✓
Page 3.
8. That the said permittee shall,within thirty days after the
passage of this ordinance, fi16 a written acceptance thereof
with the City Clerk.
9. That said permittee shall, at its own cost and expense, grant or cause
to be granted unto said City of Saint Paul, by sufficient warranty
deed, approved as to form and execution by the Corporation Counsel
such perpetual public sewer easement fnr the construction, maintenance
and operation of such public sanitary sewer and public storm sewer
in, through, and covering that strip of land hereinafter described:
"A permanent easement 30.0 feet in width on Lexington Park Plat
10, Block 2, for the purpose of - constructing and maintaining a
public sanitary sewer, a public storm sewer-and public water main,
on, under, across and through a strip of land 30 feet-in width,
the centerline of said easement being described as follows:
Beginning at a point on the west p-mperty line of Lexington Avenue
that is 466.0 feet south of the south line of Randolph Avenue,
thence, in a northwesterly direction on a line'making an angle
of 55 000' with the west line of Lexington Avenue a' distance of
208.0 feet to a point; thence in a westerly direction a distance
of 70.0 feet on a deflection angle of 35 000' to the left, said point
being the point of ending."
Section 3. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace, health,
and safety.
Section 4.- This ordinance shall take effect and be in force from
and after its passage, approval, and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Meredith
Peterson (f
Rosen
Mr.President (Vavoulis
Attest:
City Clerk
. tr
w S7�
i
t
IM "2 Form approved Corporation Counsel By
Passed by the Council AUG 6 1965
Tn Favor
0 A gainnt
� �,1�6�
Approved -"'mil O=V
Mayor
r
ED AUG 14 1999
. rivALICATE TO PRINTER
PRESENTED BY
ORDINANCE
COUNCIL FILE
ORDINANCE
NO. C) C)
NO.
An ordinance granting permission to Kieffer Brothers
Investment and Construction Company, a Minnesota corporation,
to construct a public sanitary sewer and public storm sewer
in a certain perpetual public casement provided to be granted
or caused to be granted by said permittee to the City of Saint
Paul, said public sanitary sewer and public storm sewer to serve
a tract of land described as Lot 7 Block 2 Wardell Addition,and
Lot 8 Fulton's Subdivision of Block 4 Gilbert's Montcals Place.
This is an emergency ordinance rendered necessary for the
preservation of the public peace, health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That permission and authority are hereby granted to
Kieffer Brothers Investment and Construction Company, a Minnesota corporation,
to construct a public sanitary sewer and public storm sewer in and through
a certain perpetual public easement herein provided to be granted or caused
to be granted by said permittee to the City of Saint Paul as a condition
precedent to the effect of such grant of permission and authority hereunder,
such public sanitary sewer and public storm sewer -to serve a tract of land
described as Lot 7 Block 2 Wardell addition and Lot 8 Fultonts Subdivision
of Block 4 Gilbert's Montcalm Place,and such public sanitary sewer and public
storm sewer to be constructed in such perpetual public sewer easement in lands
described as follows"
"A permanent easement 30.0 feet in width on Lexington Park Plat
10, Block 2, for the purpose of constructing and maintaining a
public sanitary sewer, a public storm sewer and public water main,
on, under, across and through a strip of land 30 feet in width,
the centerline of said easement being described as follows:
Beginning at a point on the west property line of Lexington Avenue
that is 466.0 feet south of the south line of Randolph Avenue,
thence, in a northwesterly direction on a line making an angle
of 55 *001 with the west line of Lexington Avenue a distance of
208.0 feet to a point; thence in a westerly direction a distance
of 70.0 feet on a deflection angle of 3SOOOt to the left, said point
being the point of ending."
Section 2. That the Commissioner of Public Works hereby is authorized
to issue a permit to Kieffer Brothers Investment and Construction Company for
the construction of such public sanitary sewer and public storm sewer, upon
and subject to th%v following provisions, terms and conditions:
1. That said permittee shall construct said sewers entirely at
its own expense, under the supervision and to the satisfaction of
the Commissioner of Public Works, and in accordance with the plans
and specification prepared by him.
2. That said permittee shall pay the cost of engineering and inspec-
tion of said work. and for the publication of this ordinance.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Meredith
Peterson
Rosen
Mr.President (Vavoulis)
Attest:
City Clerk
1M "2 Form approved Corporation Counsel By
Passed by the Co I
Approved:
Mayor
Tn Favor
A o�inat
•
224577.
Page 2.
3. That said permittee shall properly protect all excavations
made in the streets both day and night so as to avoid all damage
or injury to persons or property; shall properly fill and tamp
said streets to avoid settling and shall restore said streets
to their omiginal.condition.
4. That said permittee, after the inception of said work, shall
prosecute the same continuously with diligence, and fully co7.plete
said work to the satisfaction and approval of said Commissioner on
or before January 1, 1967.
5. That said permittee expressly agrees and undertakes to fully
indernify and hold harmless the City of Saint Paul, its agents,
officers, 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.
6. That said permittee shall furnish a bond to the City of Saint
Paul in the sum of: $10,000 conditioned to comply i;}ith all the terms of
this ordinance andto indemnify and save harmless said City from
all liability, loss, judgments, suits, costs, charges, and expense that
may accrue to persons or property occasioned by the malting of the
improvement or arising out of same.
7. That said permittee shall not proceed to construct said sewers
unless and until said permittee shall have fully complied with the
provisions regarding insurance and indemnification contained in the
City of Saint Paul Department of Public Works Specifications for
Street and Sewer Construction dated Anril 1, 1959, Section numbered
1.44 of said Specifications, as amended, applicable to contractors.
For the purposes of this ordinance, the aforesaid section of. said
Specifications numbered 1.44, as amended, shall be read as though
the word "permittee" were substituted for the word "contractor"
wherever the same appears in the aforesaid Section 1.44, as amended.
Said Section 1.44, as amended, of the Specifications for Street and
Sewer Construction in the City of Saint Paul is hereby incorporated
herein by reference as fully and as completely as if set forth herein
verbatim. Proof of compliance with the provisions of the aforesaid
Section, as amended, shall be in such form as the Corporation Counsel
of the City of Saint Paul may direct, and the documents required by the
aforesaid Section 1.44, as amended, shall, after submission to the
Corporation Counsel, be filed in the office of the Comptroller of the
City of Saint Paul.
DUPLICATE TO PRINTER u �,
• v ORDINANCE 224577
PRESENTED BY
COUNCIL FILE NO
ORDINANCE NO. ') 0
Page 3,
8. That the said permittee shall,witlim thirty days after the
passage of this ordinance, filb a written acceptance thereof
with the City Clerk.
9. That said pernittee shall, at its own cost and expense, grant or cause
to be granted unto said City of Saint Paul, by sufficient warranty
deed, approved as to form and execution by the Corporation Counsel
such perpetual public sewer easement fiDr the construction, maintenance
and operation of such public sanitary sewer and public stoma sewer
in, through, and covering that strip of land hereinafter described:
"A permanent easement 30.0 feet in width on Lexington Park Plat
10, Block 2, for the purpose of constructing and maintaining a
public sanitary sewer, a public storm sewer and public water main,
on, under, across and through a strip of land 30 £eet'in width,
the centerline of said easement being described as follows:
Beginning at a point on the west prperty line of Lexington Avenue
that is 466.0 feet south of the south line of Randolph Avenue,
thence, in a northwesterly direction on a line making an angle
of 55'001 with the west line of Lexington Avenue a distance of
208.0 feet to a point; thence in a westerly direction a distance
of 70.0 feet on a deflection angle of 35 000' to the left, said point
being the point of ending."
Section 3. This ordinance is hereby declared to be an emergency
ordinance rendered necessary forthe preservation of the public peace, health,
and safety.
Section 4. This ordinance shall take effect and be in force from
and after its passage, approval, and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Meredith
Peterson
Rosen
Mr.President (Vavoulis)
Attest:
City Clerk
1M "2 Form approved Corporation Counsel By
Passed by the Coun I
Approved:
AUG 61965
in Favor
A gwn-at
AUG 6 19965
Mayor
- y s .August 16; 1965 - -
Mr. Stuart'Radsom. °
Attorney at Law
Minnesota Building -.
St. Paul, Minnesota _ Y
_ Dear Sirs - -
We enclose a copy of Ordinance No. 3 gr ng- permission to Kieffer
Brothers - Investment and Const;i6t Co. to struct a public sanitary
sever and public storm sewer as mor scribed in the -ordinance;
also bill-in the gum of $34.13 to cov cost of publication of this
ordinance:._ _
We call your special at Lion to P aph and 8.of Section 2 which -
require the filing of 'a nd in the unt' specif'ie'd and the .filing of'
- an acceptance of the' to of this -o inanee. Both must be filed in
this office, Room 386, `C Hall;. n�30.days of the passage of
this ordinance. t a a ordinance becomes. void..
—"'`- - - Very truly yours $ _
-City-Clerk
ng
. - ` _ ` • - R a f - • R .,' a •'' - - r - .. - r . , _ i• - •- '.
KIEFFER BROS,
Investment & Construction Co., Inc.
222 -4004 380 Robert St.,. St. Paul 1„ Minn.
Oct. 13, 1965
City Clerk
City Court H6use
St. Paul,55101
Dear Sirs
This letter is to notify you that our com any accepts
the conditions and specifications of Ord. ;13035,
8ouncil file #2,247 and agrees to have the work per-
formed in accordance with all requirements.
Yours Truly
president
skj/ljk
ORIGINAL 41 CITY OF SAINT PAUL
TO PAYOR OFFICE OF THE COMPTROLLER
RECEIPT
RECEIVED OF
N" 2060
91,0'. / 's;' 19�r
--------- 100
'y � 4 - - I- 4g4�
• I3 0
,41� Q�
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500 3 -65 OW22
CITY
13 B,
I st v 2nd �G
Laid over to
3rd and app tv-- Adopted �7
Yeas Nays Yeas Nays
�alglish Dalglish
Tolland ` Holland
Loss Loss
Meredit ;r ' * ~ Meredith
Peterso J Peterson �V
\` Rosen Rosen
Mr. President Vavoulis Mr. President Vavoulis