225731a,
Original to`&6 tY Clerk
PRESENTED BY
ORDINANCE
COUNCIL FILE NO,
ORDINANCE NO.
An Ordinance amending the Zoning Code,
Chaptera 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. This is air emergency ordinance
rendered necessary for the preservation of the
public peace, health, and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
225131
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 properties
in the City of Saint Paul, as amended, be and the same is hereby
further amended so as to rezone the following described property
on the terms and conditions expressed herein from "A" Residence
to Commercial District,',to wit:
"North 108.19 feet of Lot 22, Edgar's Addition,
Ramsey County, Minnesota"
situate on properties located on the south side of Maryland Avenue
between White Bear Avenue and Breen Street, in the City of St. 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 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 henceforth is restricted and limited to the
following specified uses, to -wit:
Commercial District for the - installation and operation
of a parking lot for the store which is located on the
Southwest corner of Maryland and White Bear Avenues,
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 sixty (60) days next succeeding the publication of this ordinance,--
shall file with the City Clerk, in two (2) fully executed counter-
parts, 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 and enforcement of the aforesaid restrictions and limitations
Yeas Councilmen Nays Passed by the Council
Dalglish
d-
Loss Tn Favor
Meredith
eterson -- Against
Rosen
Mr. President (Vavoulis)
Approved:
Attest:
City Clerk Mayor
inz 6-62 zz Form approved Corporation Counsel By
Original toSjisy Clerk
W. V
ORDINANCE n
"? COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.-
Page 2.
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/
3. That, in addition to other requirements therefor, said
owner's written acceptance and grant of negative easement shall incor-
porate 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.
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 upon its passage, approval and publication.
Yeas Councilmen Nays
Dalglish r
irvirzcrrcr /�
Loss cJ
MgrkbMW Meredith
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
6-62 X22
Im
Passed by the Council NOV 12 1965
ATn Favor
-Against
Appro d: NOV 1219%
Mayor
Form approved Corporation Counsel By
TOBL1SHED
Kov 2 0 1965
DapDcate to dater
ORDINANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO.
An Ordinance amending the Zoning Codes
Chapters 60 to 64 inclusive of the Saint
Paul Legislative Geode, pertaining to Use
Districts, Height Districts and Rezoning of
certain properties in the City of Saint Paul,
as amended. This is ah 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 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, be and the same is hereby
further amended so as to rezone the following described property
on the terms and conditions expressed herein from "A" Residence
to Commercial District, to wit:
"North 108.19 feet of Lot 22, Edgar's Addition,
Ramsey County, Minnesota"
situate on properties located on the south side of Maryland Avenue
between White Bear Avenue and Breen Street, in the City of St. 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 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 henceforth is restricted and limited to the
following specified uses, to wit:
Commercial District for the installation and operation
of a parking lot for the store which is located on the
Southwest corner of Maryland and White Bear Avenues,
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 sixty (60) days next succeeding the publication of this ordinance,
shall file with the City Clerk, in two (2) fully executed counter-
parts, 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 and enforcement of the aforesaid restrictions and limitations
Yeas Councilmen Nays
Dalghsh
Holland
Loss
xmi Meredith
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1M "2 44W22 Form approved Corporation Counsel By
Passed by the Council
Approved:
Mayor
Tn Favor
Against
puplleate to $tinter
r � P
PRESENTED BY
ORDINANCE n,bl3l
COUNCIL FILE NO.- �'�
ORDINANCE NO. g,
Page 2.
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/
3. That, in addition to other requirements therefor said
owner's written acceptance and grant of negative easement shall Incor-
porate 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 Countyq Minnesota.
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 )+. This ordinance shall take effect and be in
force upon its passage, approval and publication.
Yeas Councilmen Nays
Dalghsh
TT..,d,
Loss
Meredith
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
IM "2 X22 Form approved Corporation Counsel By
NOV 12196E .
Passed by the Co it
• Tn Favor
Approved:
Against
Nov 12198
Mayor ,
� J
DEED OF NEGATIVE EASEMENT AND
ACCEPTANCE OF ORDINANCE
ar
THIS INDENTURE, made and executed this ,.':�n1 day of
19_.�_J, by and between Abel Kluge and Elsie Kluge y
his }Nife, of the Count of Ramse State of Minnesota; and Speedy
n Y Yr SP Y
Markets.. Inc, r a Minnesota corporation, hereinafter designated as
"First Parties "; and City of Saint Paul, hereinafter designated as "Second
Party ",
WITNESSETH:
WHEREAS.. Abel Kluge, one of the First Parties , on and for some
time next preceding the 12th day of November, 1965, was the fee owner
and on or for some time next preceding the 12th day of November, 1965,
Speedy Markets, Inc.., was and ever since that date has been the contract
purchaser of the following described real estate situate in the City of
Saint Paul, County of Ramsey, State of Minnesota, to -wit:
North 108019 feet of Lot 22, Edgar's
Add,, Ramsey County, Minnesota,
according to the recorded plat thereof
on file and of record in the office of
the Register of Deeds in and for said
County;
WHEREAS, said real estate on said date and for a considerable
period of time next preceding the same was zoned and classified in "A"
Residence District under and by virtue of Chapters 60 -64, inclusive,
Zoning Code, Saint Paul Legislative Code,# as amendedt and pursuant to
the petition of First Parties, the Council of Second Party, according to
the provisions of said Zoning Code, as amended, and the Statutes of the
j
State of Minnesota in such cases made and provided, with the written
I
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. 13092, approved November 12, 19 65 ,
and published in the official newspaper of the Second Party on November
20, 1965, amending said Zoning Code, as amended, so that said herein -
above described real estate was thereby and thereunder rezoned and
classified from "A" Residence District to Commercial District, subject to
especial exceptions and conditions in the nature of especial restrictions
upon the use of the same, whereby the use and employment of said here- '
inabove described real estate was restricted to the following uses and
employments, subject to further rezoning and reclassification of the same
loy virtue of proceedings therefor thereafter instituted, conducted and com-
pleted according to applicable provisions of said Zoning Code, as amended,
and Statutes of the State of Minnesota, to -wits
Commercial District for the installation and
operation of a parking lot for the store which
is located on the Southwest corner of Maryland
and White Bear Avenues, subject to all appli-
cable statutes, ordinances, rules and regula-
tions prescribed and promulgated by govern-
mental agencies having cognizance.
WHEREAS, First Parties, for themselves, their heirs, adminis-
trators, executors and assigns, intend hereby to accept said Ordinance
No, 13092 and to provide for the imposition, maintenance and enforcement
of said especial 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. 13092 a
negative easement therefore
-2- 1
NOW, THEREFORE; First Parties, as such owners of hereinabove
described real estate, for themselves, their heirs, administrators, execu-
tors and assigns, do hereby covenant and bind themselves, their heirs,
administrators, executors and assigns unto the Second Party that in accord-
ance with said Zoning Code, as amended, particularly as the same has been
amended by said Ordinance No, 13092, said real estate has been effectively
restricted and limited in respect to its use and employment and shall hence-
,
forth be restricted and limited in such particulars as follows, to -wits
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 pro -
visions 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 installation and
operation-of a parking lot for the store which
is located on the Southwest corner of Maryland
and White Bear Avenues, subject to all appli-
cable statutes, ordinances, rules and regula-
tions prescribed and promulgated by governmental
agencies having cognizance.
j
And the said First Parties, for themselves, their heirs, administrators,
executors and assigns, do hereby Grant, Convey and Warrant unto the
Second Party, said City of Saint Paul, as such municipal corporation, in
trust for the benefit of the public a perpetual and 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
=3-
LU
_,
U
with the land and for good and valuable consideration, the receipt and
sufficiency whereof by the First Parties are hereby acknowledged.
FURTHER, the First Parties make reference to said Zoning Code,
as amended, and by reference incorporate the same herein, as part here-
of, and with the same intent, purpose and effect as if said Zoning Code,
as amended, were fully set forth herein; and make further reference to
said amendatory Ordinance No. 13092 and to the duly certified copy of the
same hereto attached and hereby incorporated herein by reference as part
hereof, and said First Parties, for themselves, their heirs, administrators,
executors and assigns, hereby accept said amendatory Ordinance No.
13092 and every provision, term and condition of the same without reser-
vation or exceptance.
IN TESTIMONY WHEREOF, First Parties Abel Kluge and Elsie
Kluge, his wife, have set their hands to this instrument and First Party
Speedy Markets, Inc. , has caused this instrument to be executed by its
duly authorized officers as of the day and year first above written.
In Presence oft
r ctr
i
Abel Kluge
Elsie Kluge/'
SPEEDY MARKETS, INC.
x
By
And
Its
i�
-4=
f ,
r
STATE OF MINNESOTA)
) ss
COUNTY OF RAMSEY )
r
l
• as'
� I
{
On this ,16 day of ��'� t1t s,� �fi , 19 G ✓ , before
me, a notary public within and for said county, personally appeared
Abel Kluge and Elsie Kluge, his wife, to me known to be the persons
described in and who executed the foregoing instrument and who
acknowledged to me that they executed the same as their free act and
deeds
4
I
STATE OF MINNESOTA )
) ss
COUNTY OF RAMSEY )
On this day of =r, 19 6J before
me a notary oublic within and for said county, personally appeared
and _�z" ly �, �r /.e�, to me
personally known, who, being by me duly sworn, did say that they are
1 �
respectively the ��2�(1i.11I;z and the
of Speedy Markets, Inc. , that.the seal affix6d to .
the foregoing instrument is the corporate seal of the corporation, and
that the instrument was executed in behalf of the corporation by,auth
o r.ty of its Board of Directors and said c..4/ and
_ <��2•,/,., -�-�tr acknowledged said instrument to be the
free act and deed of the corporation.
ri
, I •1
J
�r.� .. -_ �
lip- ;. -.. -..'. s'•. -' ,. - - ,. _� _- - ,
-''.::
f• ` -. - fix-, +, ._ - • T,.•_.r.. ; �:. •fi-
," ..
,
•e. . ,-L _
•I- '
`,� ye.., '• { - .w _ ' II _F a ,_ i:n • `•a'e ; _- r' - y a •-- a -. `73
y.
- - . - _.._ < -•, • ' a ,'
_ -
- -,x _ ^� 'y' r ,, '1,• }�'rr•,
x 'fir,
- -`t-
- .,' r•
DEED OF" NEGATIVE EASEMENT AID,
ACCEPTANCE OF, ORDINANCE,
—j
_. rr.
..
;. -±±.. -�'' .'1`
•
}`'�� � •
'.
!�i
rK- -
s..• _- k`�•i. a, ,_ ` � _i
r_ -+A•f
'THIS
-,
INDENTURE,,, made - and executed, this''- pO day of t .
19�d. by'and between Abel Kluge and Elsie Kluge F',
4
his wifet..;of the County,of Rams,ey�,•State -of Minnesota; and Speedy•
Markets ,, Inc,... a Minnesota corporation" hereinafter desiEfnated as
"First, Parties,-,";,.and eCity of Saint'Paul'j- hereinafter designated as 'Second '
• .� _
:Party!',
"•
CO
WI'T:NESSBTHr`',. �k l_ . �. «_ T_ =. �. ' _ : _ _
xT
WHEREAS,; . bel Kluge,' one: of the First Parties on and. for some
time'ne t preceding the,L•2th, day.Qf;November .1.965, was the'fe6 .owner
-
and on or for =some time next.'pzeceding the •12th day of •November.. � 1.965{
}ever
•
- 'Speedy,Markets•Incr4•was `and since that date has been the contract
.
-
purchaser of the followirig,- described real estatd 'situate in the City of
• _ - -"-f-
- '^ -tom I� � _' ,]. �4_ _• }� __ #.. y • - _t _
Saint �aulx County_ of Ramses State ;_of- =�N!'ifiriesota,�•-
_
'- -North 108.19- feet • of Lot • 2 2 Edgar's '
:
= Add County Minnesota,
.,,'-Ramsey
according to the recotded` plat-thereof
" on file' acid of record, iri the office of.,"
-
' the Register of Deeds in and for said'_
County. ,
'n
-
•. ' '! .is,
' .. ,4 r, .. �' - .•. i, _ T . -• �
. � a -* Y
'
' =
�a - -' j .
•
WHEREAS,. said real estate `on said date „and for a considerable
-'
period "of time next preceding• the_ same was `zoned ,and classified; in "A”
'
Re,siderlce District under and -by virtue of Chapters 60 -64-x' inclusive..
•• _, Zoning Code SaintiPaul.Legislative Codes =as amended and pursuant to n ''
=
the petition of First Parties{ the SCouncil of Second Party ..t according to `
-
rthe provisions of said Zoning Code as ainei�ided,= azid'the Statutes 'of the'
of Minnesota in cases;.made'and provided,, with the written
.-',,,.State
-such
AC
` y
• +
-., _ . r -
ti -
- • ••` . 0{ std �1 �. [ _ „•1� "�"
• - •
i - . -__ - , t � - fir' .� -
, tY�- - _- ,• - - " ' , • • �`- - {i rf.a gib. ., -} ,. , -Y ' -_'. 1 _ _- _. •r - • ._ -
., ,',:.r jj `r ', .< - _ • _ _ , c s ,. �., -, ?•� v ' `'! ^• r •rte• - '_ i
acquiescence;of > the ' ow ner' s of. two-' thirds of the, Sevezal ,description`s of
real estate situated f within -lob feet.of said real estate' duly, emacted
.� ,. -, -. -` � ,} Y •y,` _ - . ' .. 3' tt, - '�
. - Ci_ty-of Saint Paul Ordiriance-NQ, 1309. approved November 12,. 1965,_
• h and''publislied irilhe offiCia.1 newspaper of the S'ecorid' Party on No °vember =.'}'
.. � ' zr - .. J1,�i "' ,�; -•TR 'i'"hr- �s "- �� '�` S:'y+x -:. „ ^.. - s �C •• •=
r 20., '1965. ;y ax iending Said Zoning Code -as am'ended., so that, aid ,herein-
- above described real I state was- thereby and thereunder'eezon' 6d and
' 'classified'from'A" - Residerice.DiStrict to `Commercial` District subject to-.-
1, . e• . ' w
especial exceptions and conditions iri `the nature. of espebial, restrictiorrS-
= upon the-•us,e of'the_ same ,whereby the-use and employment'of said here -_
t iaabove described real estate was sestricted,'to•the following uses ands
employments, 'subject =to - further rezoning and reclassification of -the 'same - . _ Fi•.
by. virtue. o£" proceedings `therefor7'the,reafte.r Instituted, . conducted and com -'
pleted ` according - to,applicable provisions of said Zoning Code, as' amended.y
�' = - --and Statute s;'of•the,_State ` of- Minnesota to -wit; •," - F� r• `
CJommercial,District _for the installaiion•_and.._ `-
N'Y' operation'.of'a •parkind 'lot for the store which x
'pis located >on the Southwest corner of,Marla.nd_ '
' t t arid.hite'Bear'Avenues , subject to all applir
W
cable kstatutes, ordinances, mules' and•regula- r -
- tion 'prescribl ed and, promulgated by govern- z - • , _5
mental-.agencieS having cognizance. s 4•� s -
� WHEREAS;± First Parties,, for themse.l'ves, their heirs, adminis- _
-
_ trators , executors and, "assigns ; 'Intend hereby. to accept said Ordinance r '
,1x3092 and to provide for the imposition; •'inaigtenance and 'enforcement- -
`of said' es.pecialreStrictions'- up_ori_ -the us,e =of: said hereinabove described .:
`- real. estate to -r un with the - land and 'to grant unto ,tie, Second Party 'in-''
x - •4
further compliance ;withthecondtionsof said.Ordirian'ce• No, 13092 a
_ ne ative 'eas.ement therefore
r.
PETITION TO AMEND CHAPTERS 60 THROUGH•64 1)
`•OF -THE LEGISLATIVE :(ZONING)'CODE
_ July, --1965
To the Honorable Mayor -and C,ity'Council,
` c/o the City Clerk, Room 386 City Hall.
City of .Saint Paul, Minnesota ,= ;
Pursuant to'Sect!on '6'4 :'06 of the Legislative- Code ',we,. the undersigried- F `
^owners ' of}two - thirds (2/3) of the,several descriptions of real estate situ-
ated within 100'feet.of the ieal'estate' affected, hereby acquiesce; and :
-
we,, the owriers of 50 % or more of the frontage to be reclassified, petition
your Honorable Body to'rezone the ,following described property:.
The North 108 19 feet of Lot'22, Edgar's Add.','r
:according to the recorded plat thereof on file _
- . and of 're cord- in the office of the Register of
Deeds in and for .Ramsey County,- Minnesota,'
from a Residence District to Commercial District for'the ,purpose of park-
ing for the store which j s located on, thbe southwest corner, -of Maryland
and White Bear Avenues,
Record Owner Signature - x Description
,SubjecfiPropertys;�•,�'j5 �/� North .108 19 feet ~of Lot 22, Edgar's_' -
Abel Kluge (fee)
Speedy Markets
Ind. (contract
purchaser).-
Louis R. Lepsche L`_ot 1, Edgar's ,,Add.- r '
Abel Kluge �,� - ,Lot' 2.2; except N...108:19 feet; "Edgar " "s
'Add.,
F Abel Kluge � � `'• � - ., Lot: 2 E_ dgar.' s Add: - - .
FILE;,
Abel Kluge 4- Lot 3, Edgar's Add.'f,
;5 'AUG' 2 ,
E��n__e..,,,,vYYall Kjj��ljuugge�,, Lot 4, Edgar's Add.
S Al
Record. Owner 4 ; .Signature:,.,, `b.r, �• _ 'Descfiption
Terrence•O,..Clarkin ; v�. Lo 20 and 21 Edgar's Add. ;
and Theresa r.. ✓�� :K r
Clark_ in
_ Charles J. Thelen ; ` -;'� y,Y �,f That part of,the NE 1/4 of the 'NE 1/4
and Ann, M. r of'Sec. 27+' T. 29, R. 221 described
- Thelen' _ -_.: _ .;. •� -.as follow`sr, ^commencing 175.26 feet
e
_ x , r , y t sorrier of White -Bear
- r r - - C_ -. - ! 'i4,•.F� ����..• j_, - � • h�. `, ki.-0 �� _ a ..1 - ... . r• . _ .
`.'Ave-. and. Maryland St'. - and running N.pr t
.�.
thence W.,, on the ' S .. line -of Mary -
' land• St. a distance of 80'feet;_.thence
r S , , at right angles with S. line of
Maryland St. a distance of 1-56.18
- _ feet; thence E. parallel with the •S
' . -. _ • `• line of, Maryland St. a distance of
80 feet;, thence N,,,at right angles
a distance of 156.18 feet to -place
• - - of beginning:
City of Saint Paul ' Commencing at a point on S. line of '• `
Maryland St. in City of St. ,Paul, said `
- " point being 255.68 feet W. from inter-
section of W. line of White Bear Ave.
and S. line of said Maryland St
_�•�,�*�� ����.; .:�__ ... �.. • U.; -� thence S. -. at right "angles to- 5..Jine
-
of Maryland St: 155.19 feet, thence ^�
-
S. parallel with S. line of said Mary- .
land St.-, thence E ., along said S. line -
y of Maryland St, -40 feet to place of
• . r beginning,,
- Charlton H: Giles., :W.- 49 feet of Lot 1; and Wti. 98 feet
y t -of, the S . i /2' of Lot 2.,_ Geratdine's
' and�Doroth G. -
- Giles Garden Lots.
Florence W. Rowe�� �, /,�� E. 49 feet o ;the W. 98 0ife t of Lot 1
+.
and A:.- Otto Rowe Gerardin _ e Lot
! �-
_ • _ Arthur,.'Petersen and E. 49 feet, of the W. 147 feet of Lot-1,
, • Margaret H. Gdrardine's. Garden Lots
Petersen �/
Fred Gray_arid E. 49 feet of the °W,.` 196 feet of Lot'13
Louise Gray �/�� • ;Gerardine's Garden Lots .
Record Owner- Signature De scri:ption
(Maryland andj, `� Lot 1,, except the W. -19 6 feet thereof ;
White Bear r Gerardine ` s Garden Lots.,
Station.
Shell Oil Com-
pany Del.' ,
corporation)
STATE- OF MINNESOTA
County of Ramsey
Z0 -y�`S ' �-e/�f7 rD '; being first duly, sworn, 'deposes and .
�. states, that he is, the person who circulated the within petition. consisting
_ of three (3) pages; that the, parties.'d'e scribe d. above are the owners respec-
tively of the lots placed,immediatelpt 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, `
.' - • '.. - .' .- - s' f � - rte' -
Address, j3'� . a,r�'La:wQ�
:?Telephone No. % 7/_
. Subscribed and sworn` be o_re,' `
me this day of
196.5. F..
JUDD 5. r UEALL�
otary Public, Ramsey County, Mimi
Mk COMMIsslort Explres;4 n. 25, 197
Fo
70 b
V Q- i��l
. - .• .. �, r`i - }}�'--i,,� may` _ _ - . , - � -� `. � � _ _ � .. • • _ . .. - ' -2 .. _
'fit'_ ,,Y• - - s - - - - - '-- _ ' - � _ - °' .-
` - -,r � '. •- i` - '\,,. - ° - - ate- y „ .4 c-_.. a. mac: •.'~,. - a - t,.
NOW THERE_ FORE- ',Virs'ta.Parties•, as such owners of he'reinabove-
` described real - estate,- for themselves', _,their heirs, :administrators.; execi%
tors and. :assigns .do hereby covenant and bind themselves their heirs.;
1.
administrators , executors and assigns unto the Second -Party, that. in accord= =
- -- ance with -said -ZonW9 Coded as amended'; `particularly ;as ".the same has been
amended ~by' Said Ordinance No, '13092 , "said real -6State has •been effectively _ 1 '
.. 'restricted and limited in-rei�pecf••to its use`arnd employment and shall hence
_ r
V foith.be' restricted ` and�limited `in- su_ch=pa_rticulars as' follows,, to =witt. ti
_`` ° • That,,: subject�to:an "further reclas'sifica' ion
fo €- the'hereinabove described real estate by
_ virtue,'of proceedings therefor hereinafter!
`_instituted; conducted and-completed accord- ,.
ing to the 'applicable provisions of said zoning ,.
Y Code effective •as 'bf the 'date, of `� said petition'
:, �" • -
-� for re` classificatiorr�ai2 -the-applicable, pro-
visions of the Statutes of; he State of`Minn sots
hereby the employrrfen`t'of_said real estate hence- <
forth
''k restricted and 1imi ed_ to the following
Spcified'.uses_,' to- witi:•
• �Coinmercial' District` for the�instal:lation` and _ ;�-
_ operation :of a parking lot for the "store which'H � • ',�4 Y'�= �`' .. '
4..isoca'ted on the Southwest corner of Ivliyland,
-.and tWhite - Bear.Averii.ies °,; $ubject,to all app11 _
_ = L . } • ' ' cable' staui es 'ordinances ; ;rules , and regular a
y bons presctibed_ and promulgated 'by governmental
t, agencies. _hav rig, cognizance . -
`'. Arid the said First Parties,' -for themseiwesr :their heirs -ors, •'"
executors and assigns, do hereby Grant; •Conyey;arid Warrant unto the':° s •, Y.
e
, Second. Party,` said City of_ Saint Paul j� ,asi such rnunicipalr- corporation,' in
trust for the benefit of thepublic;a .perpetual and negative. easement in
of •t -• •' • 1 •�` _ - i r "d Y _ _ - •. err ' �_ _ ` :J. • - -- - ' .s ..
and, to; said' lhereinabove escribed• real .estater,'_arid all thereof,. for the ,
imposition, maintenance and enforcement by the,.Se'cond'Party! as such
-' municipal corporation,.. of the aforesaid restrictions, and limitations' upon' r.
the us.e` and' employment of said_her_einabove described real - est,4terto run
ZI_- - , r•- •• _ r.k: ' .. rya \ -• - -
. _ . . 'iL` irk. � ¢r • _ ., - - + .'1'�7 -� 1. _ : L, - \ -, ' � � '_ � ^, :1 .. a,
�. "' >t +- fry ;F�• -.}�I -� E }r' -..e_ `' -_ _ _ '. j iJr •;: a .,.� r • _.T a' ry' .- ,a,r.. w _� ¢•
._ '; \ y `: ' -` r..7 . 4+ , a ` _ �. _ n ,. - . ., � ^` .. - - - -_ ' - - r' .aM1` M1 F•t't� J tL^ -
14 1
r r. ,with the land- and for good and `valuable corisiderati64, the ^receipt -and'
ry .- ,. r b -l+i�, `. ._. -- .r � - F - - - -' a �'.,- _ r _ _. `, rte.- ;. � ?�_ 4 •, -- r
sufficiency.'whereof by the "First Paities are- hereby. acknowledged:
�r
;,FURTHER, Abe_ First Parties' make reference to said ,Zoning Code,
i as amended, and- 'by reference 'incorporate the° samo °.herein as part_heire'
'-� of; "and`w th. the, same intent;° puz�ose and effect as if said ZoriingyCode;; 1.
as amended `,were ,fully; set forth - herbiiir"and malkefurther';reference +•.to.
said amendatory Ord'i'nance- N_o.'13092 and to the duly certified 'copy_of.the .'
eine hexe'to attached and _hereby !incorporated herein by reference as PC! •- ,
:`.•
f {� TM\ ^
_ 'hereof; and sai'd;F_ irsrt Pant_ies,- 'for'•tl einsely_ es, their heirs .; administrators,
executors and - assigns j,._hereby' accept said amendatory-Ordina'nde No.; -
13092: _and -every provision,` term and condition of,.th_e same without reser . ,
a• -_ ... vation ore ceptance•:
. and lsie.
JN, TESTIMONY VIWHERFOF,' Firs_t.Parties Abel aiige. 1l
'Y ' h_ is' wife`y _hive set their hands'`toF this instrument and` First "Party ,
Speedy Markets;'Iric. , has caused this. instrument to be executed by its
duly authorized officers''as, of 'the day arid• year fiist above Written,'t'rs
Inresehce -of}
•k Y� F tj _ _ t .Abel &luge
., Yr •- _ • ` .. ... ,M1 , ,art i` ���\ '�f '• -
{, Elsie Kluge
eO•
V 4 - - '' a � ^� _ _ _aw'..• yam.` -• jC,r �, +!':_
r.�•;i`A -• ..tom - ._ � ... 'y' ; .. - ,. r'- 7 +�, - {c(T'��.`�.� G�
SPEE'DY;MARKETS {; INCp
• 'if, _ + / - at - `. - ri��' - 4,t. .Ff ;j i�.P:i( C[.77_V <,J1►' i'�. -.
• 03 is _' y r.y-�., Yt. - `• _ /.,/ /J �.•/J�'�-_tt[.. .. r•+�.r !'''' ^' __ � ,
And.
Ifts
a�'r _ '•A ,.t„ - �'� , - ".r 5t _ � --;. , _-) i 'cL rr•.. _ - - _' _',ra _ ,-- ._ .�
�� - -X- '1 `•' .s a a _ _ �_`'#.$ `J - .tip r • - - '�`. _• ''r ": ♦i',. - `�
•�: i - '4'•.• SJ•w`;k - ,.*.Z^ .�� .>-` _ jai ._ -• .. �,` •'�; _ --
- � -• _ - it -c .R;' ,`sr rs. � - i�a _ -
-'!4 STAT'E.-OF MINNESOTA^
' ..COUNTY OF - RAMS'EY:
On this ';day of S. Gam' : 19 fir,_ before .;
me,` ahota ubiiciwithin and7r or said -court °ersonall a-' eared-
r `:�AbeT Kluge`and•'Elsid Kluge•; 'his wife;�'to rrie known to be tYie °'persons
e <'
' 3 descrlied in dnd'who executed the foregoing instrument an_ d who `r'.'
acknowledged -to me', that they executed the same as their- free abt and 1 r s
4 deed,
• - a' - .. J _ '.e •r t r � - "_ a M ` ��� 5..13 l., �, � t, ���s` -, ^ - .•,.,-
MU LAS I��' "' ♦ i r wEygrF =
�, . Pub{iC. kalr.=ey Coun''�; {a �. j •A
.. � • �. - � � r ;'r' _. ?�+ 1171't'1 ►5540f� � � f. + -- '' " -; �i�r.,..' y
- STATE OF MINNESOTA!)
COUNTY' OF RAMSEY t -; ..� • �"�, "., :�'� =n�'r ` = ;;' { + �'
_ - On this _day. of ` f , -19 „G J” before,
' = me 'a notary , blic within and for said ounty, per orally, 'appeared,
'and. to -,me '
personally knovwn,
who, being- byrme' duly svyQrri; -did sa .that.-they"
are
respectively, the _ and the ~`
' a -: Of SpeedyMarkets r Inc, - , '.that.the s eal: aff d to
4 r
"the foregoing. instrument is the'corpor- -ate seal of the'corpordtiori ;.'and -
�`,_that.the''lnstrument was executed in behalf of the, co • oration by:,auth, t_
- _ o ty' o_f _its Board of Directors , and said_,c -_ u r/L'it and' R
'.► `1 % , acknowledged said instrument to be the
' = -
free e act and deed of the` corpora_ tiOn,. n >
= ;` - e a rr - - - - 't'; • `Z �`ii1 �a/.+�, �k',jT � t+�, ? ,. - - _
- ,- i. -... . _. - .. _ _ i�olary` Pnb� - !# ^., e C �. -••t >t -'t -.i �a'4TY.� a -
• � m ' y •� '� a li.. tt'��,f.�.rLif;i:Tli +_iq7,:! ! nPtiCiJair..('v! i.�i\•% - f,+ �4l'�t`A'�',JVP(c •-
' .. s � - - 4,I =� •, _ ..- „ SP ;fir" c a ". r, Ay' ..
• r , - ` r � _ • _ . t S • -• L; t{pp�*�"� 1. i .: �PJ",•yyyyyy���j��jpp��f //L'1l �1��� . h - r ,
. - raw_. V•a- - I `f: i.� .., •- �. _ �"• h - •t` - '• c, -S_ ' '~.�'�r\.''i•.4)`�:'0�.'� �L 3.
• vim" 'y - _ _ - - a &•{ � _ _• i� -.. }: - . i _ '.
-40ARD OF ZONING, CITY -.OF SAINT PAUL
;ft"t 223.4151 Room 20 CITY HALL A COURT HOUSE SAINT PAUL, MINNESOTA 55102
j a
September 16, 1965
Mr. Robert B. Gerber Jr.
City Clerk
Building
Dear Sir:
This is in the matter of the petition of Abel Kluge to rezone from
"A" residence to commercial district property located on the south
side of Maryland Avenue between White Bear Avenue and Breen Street
which is described as the north 108.19 feet of Lot 22, Edgar's
Addition for the purpose of enlarging an adjoining parking lot.
On August 23, 1965, the Commissioner of Finance reported the petition
sufficient with the owners of 11 of a possible 15 (73.33 %) tracts of
land within the prescribed 100' radius having signed the petition.
The Board of Zoning considered this matter at its regular meeting on
September 2, 1965. The staff reported that the subject property con-
sisted of part of a lot with a frontage of 42.65' on Maryland Avenue
and a site area of 4,612 square feet. .In presenting the matter to
the Board,,the attorney for the petitioner stated that his client has
remodeled and enlarged his grocery store which -is on White Bear Avenue,
and the purpose'of the rezoning was to enlarge his parking facility and
that at no.time would the property be used for other than parking
purposes. In consideration of these factors, the Board of Zoning
recommends the granting of the petition to rezone the above described
property to a commercial district subject to a restriction limiting the
use to that of a parking facility.
- - -- Sincerely,
PETITION TO REZONE
A petition having been filed request- N. .
ing that Cha ters 60 to 84 inclusive,
NRH /mm St. Paul Legislative Code, re Zoning. N,. R.' Heiden
erty descrmibed as :1 so as to rezone North 108 19 ft ofrLot
Encl. Edgar s'Addition, on the south side
22 of Maryland Ave. between white Bear
Z. F. # 5864 Ave. and Breen St., to Commercial
District, the Council of the City of
of
of
Saint Paul has fixed then o k in the
September, 1965, at ten
forenoon in the Council Chamber a aid' in
i the City Hall of said City,
dine and place, the Council will hear
all persons and all objections and rec-
ommenflations relatiYe to said proposed
amendment. 1965.
Dated September S,
ROBERT B. GERCiity Clerk.'; " h
(September 11, 1965) V
• _ i
i F . •
DEPARTMENT OF FINANCE
v
CITY OF SAINT PAUL
MINNESOTA
113 Court House, 55102
JAMES J. DALGLISH, Commissioner
THOMAS J. KELLEY, Deputy Commissioner
August 23, 1965
To the Council
City of Saint Paul
Gentlemen:
I have checked the attached petition, filed in the matter of
rezoning
North 108.19 feet of Lot 22, Edgar's Addition. The
property is located on the south side of Maryland Ave-
nue between White Bear Avenue and Breen Street,
from a Class "Residence` District to a "Commerciale District,
and find that said petition is sufficient.
Y rs very y1ish/ mes J. Da
Commissioner of Finance
Re: 16935
c.c. Mr. Ames
City Architect
N. R. Heiden
Zoning Board
c
22
Phone: 224.4612
Ext. 343 -344
J
City Clerk
CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
113 Court House 55102
September 10, 1965
File 16935, 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 23, 1965, on the rezoning
from "All Residence District to Commercial to enlarge adjacent
parking lot for a store on the following property: north 108.19
feet of Lot 223 Edgars Addition. The property is located on the
south side of Maryland Avenue between White Bear Avenue and Breen
Street.
For further information call at Room 20, Court House or phone 223 - 4151.
JAMES J. DALGLISH
Commissioner of Finance
NovMber 22 " 1965
Mr.`J. S. NWAlly -
Attorney at Len+
707 Degree of Honor Bldg: _ r
St. Paul]. Minnesotis -
_
'Dear :Sirs.. ,_- . ` =- __ •` •, - _ :. _ _ - i Inclosed-in aL copy ' of an-ordiwee ning -the property of one r
of, your c4entsi eub�e c tions set out -in the ;
ordinance.
We aall, your spsaial t I A . , i
te aph 2 hch requires
= that you file a deed negative a e meat- in ,twb parts- in - `
this office 60
The C ion Counsel' a Office dan give _ you _ further inform&4 _
'tion .as the fora bust instrument. _ -
' Veryr • try yours � _
° y
...,City Clerk
__ ng _ - _ -
'Council File No. 225731 — Ordinance No.
13092 —By Frank L. Loss-
I
An Ordinance amending the Zoning
Code, Chapters 60 to 64, inclusive, of
the Saint Paul Legislative Code, per-
taining to Ilse Districts, Height Dis-
tricts and Rezoning of certain proper-
ties in the City of Saint Paul, as
ainended. This is an emergency ordi-
nance rendered necessary for.the pres-
ervation of the public peace, health,
and safety.
The Council of the City of Saint Paul
Does Ordain:
SECTION .I
That the Zoning Code Chapters 60 to
64, inclusive, of the Saint Paul Legis-
lative Code, pertaining to Use Districts,
Height Districts, and Rezoning of cer-
tain properties in the City of Saint
Paul as amended, be and the same is
here{iy further amended so as to re-
zone the following described property
on the terms and conditions expressed
herein from "A" Residence to Com-
mercial District, to wit:
"North 108.19 feet of Lot 22, Edgar's
Addition, Ramsey Cour)ty, Minne-
sots"
situate on properties located on the
south side of Maryland Avenue be-
tween White Bear Avenue and Breen
Street, in the City of St. Paul.
SECTION 2
The properry described above is sub -
lect to the following express condi-
ions:
1. That, subject to any further re-
classification of the hereinabove de-
scribed real estate by virtue of pro-
ceedings therefor hereinafter insti-
tuted, conducted and completed ac-
cording to the applicable provisions of
'said Zoning Code, effective as of the
date of said petition for, reclassifica-
tion and the applicable provisions of
the statutes of the State of Minnesota,
hereby, the employment of said real
estate henceforth is restricted and lim-
ited to the following specified uses, to-
wit: I
Commercial District for the instal-
lation and operation of a parking lot
for the store which is located on the
Southwest corner -of Maryland and
White Bear Avenues, subject to all
applicable statutes, ordinances, rules
and regulations prescribed and pro -
mulgated by governmental agencies
having cognizance.
2. That the owner of said real estate,
within the period of sixty (60) days
next succeeding the publication of this
ordinance, shall file with the City
Clerk, in two (2) fully executed coun-
terparts, said owner's written accept-
ance of this ordinance, incorporating,
among other things, said owner's grant
unto said City of Saint Paul of a nega-
tive easement affecting said real estate,
for the imposition, maintenance and
enforcement of the aforesaid restric-
tions and limitations upon the employ-
ment and use of the property described
,herein, approved as to form and execu-
tion by the Corporation Counsel and
recordable in the office of the Register'
of Deeds.
j 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 they same,
'the City Clerk shall cause one of such
counterparts thereof to be filed of rec-
ord in the office of the Register of
Deeds in and for Ramsey County,
Minnesota.
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 upon its passage, approval
and publication.
- Passed by the Council November 12,
1965.
Yeas — Councilmen Dalglish, Loss,
Meredith, Peterson, Rosen, Mr. Presi-
dent (Vavoulis) -6.
Nays -0.
Approved November 12, 1965.
GEORGE J. VAVOULIS, ,
Mayor.
F Attest:
ROBERT B. GERBER, Jr.,
City Clerk.
(November 20, 1965)
STATE OF MINNESOTA'
County of Ramsey se.
CITY OF SAINT PAUL
-------------------- - - - - -- Robert - B. - -- f#erberr..Jr-
it, .o - - - - -- ...................City Clerk
of the City of Saint Paul, Minnesota do hereby certify that I have
compared the attached copy of Council File No....... 4.5.734-1409 _...
Ordinance Roo 13092,
as adopted by the City Council ... _ .... ] oVedher_7 i . . ...............19....65.......
and approved by the Mayor --------------- KCff mbar 7.2.x.. ._.............19....6.5- - - - - --
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 ----- ..Rlfit ............... day of ---------------- Deodmharj ................... A. D. 119M.;tx - - - --
22
City Clerk.
I
V✓j
w
CD
ME
G
�I
Council File No. 225731•— Ordinance No.
13092 —By Frank L. Loss—
An Ordinance amending the Zoning
Code, Chapters 60 to 64, inclusive, of
the Saint Paul Legislative Code, Dis-
twining to Use Districts, Height
'tricts and Rezoning of certain proper-
ties in the City of Saint Paul, as
amended. This is an emergency ordi-
nance rendered necessary for the pres-
ervation of the public peace, health,
and safety.
The Council of the City of Saint Paul
Does, Ordain: , i
SECTION Q
P That the Zoning Code Chapters 60 to
64 inclusive, of the Saint Paul Legis-
laiive Code, pertaining to Use Districts,
Height Districts, and Rezoning of cer-
tain properties in the City of Saint
Paul as amended, be and the same- is
hereby further amended so as to re-
zone the following described property
on the terms and conditions expressed
herein from "A" Residence to Com-
mercial District, to wit:
wio eeoft, Edgar's at n, R myCou�
situate on properties located 'on the
south side of Maryland Avenue' be-
tween White Bear Avenue and Breen
Street, in the City of St. Paul.
SECTION 2
The pro�pperty described above is sub-
ject to the following express condi-
{ions:
1. That, subject to any further re-
classification of the hereinabove de-
scribed real estate by virtue of pro-
ceedings therefor hereinafter insti-
tuted, conducted and completed ac-
cording to the applicable provisions of
said Zoning Code, effective as of the
date of said petition for reclassifica-
tion and the applicable provisions of
the statutes of the State of Minnesota,
hereby, the employment of said real
estate henceforth is restricted and lim-
ited to the following specified uses, to-
wit:
Commercial District fora the instal-
lation and operation of a parking.lot
for the store which is located on the
Southwest corner of Maryland and
White Bear Avenues, subject to all
applicable statutes, ordinances, rules
and regulations prescribed and pro-
mulgated by governmental. agencies'
having cognizance.
2. That the owner of said real estate,
within the period of sixty (60) days
next succeeding the publication of this
ordinance, shall file with the City
Clerk, in two (2) fully executed coun-
terparts, said owner's written accept-
ance of this ordinance, incorporating,
among other things, said owner's grant
unto said City of Saint Paul of a nega-
tive easement affecting said real estate,
for the imposition, maintenance and
enforcement of the aforesaid restric -'
tions and limitations upon the employ -`
ment and use of the property described
herein, approved as to form and execu-
tion by the Corporation Counsel and
recordable in the office of the Register
of Deeds.
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
counterparts thereof to be filed of rec-
ord in the offlce of the Register of
Deeds in and for Ramsey County,
Minnesota. I
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 upon its passage, approval
and publication.
Passed by the Council November 12,
1965.
Yeas — Councilmen Dalglish, Loss,
Meredith, Peterson, Rosen, Mr. Presi-
dent (Vavoulas) -6.
Nays -0.
Approved November 12, 1965.
GEORGE J. VAV %S,
' Mayor.
Attest:
ROBERT B. GERBER, Jr.,
City Clerk.' ,
ITST— ,, h— 9n 1oa91
R _
0
STATE OF MINNESOTA
County of Ramsey se.
CITY OF SAINT PAUL
Robert B. Gerber, Jr., City Clerk
I+--------------------- - - - - -- - - - -- - - -- .............................................
of the City of Saint Paul, Minnesota do hereby certify that I have
compared the attached copy of Council File No ....... 225731, being
Ordinance No. 13092,
as adopted by the City Council_.___ November _ 12_____________ 19 _6
and approved by the Mayor ._........... Noy_ ember --------- 1__________________19___ 65-
with the original thereof on file in my office.
that said copy is a true and correct copy of
vhole thereof.
i and the seal of the City of Saint Paul, Minn.,
of-------- - - - - -- December ..................... A. D. 1965 -
City Clerk.
t b fv� lid
. 2nd
" Laid over to
4 °F • 3rd and app I I — Adopted
Yeas � Nays Yeas Nays
alglish �Dalglish
Iland
Loss ` Loss
`Meredith Meredith
`Peterson Nveterson J
Rosen -\ Rosen
L
Mr. President Vavoulis t. President Vavoulis