225842ORIGINAL TO CITY CLERK
1 ,
By
CITY OF ST. PAUL a
OFFICE OF THE CITY CLERK
UNCIL RESOLUTION — GENERAL FORM
225842
COUNCIL NO
FILE
WHEREAS, R and W Realty Co.', under contract for
deed between the City of Saint Paul and said R and W Realty Co.,
which contract is dated the 28th day of February, 1964, has paid
to the City of Saint Paul the full purchase price as provided by
said contract for deed, and pursuant to the provisions of said
contract for deed is entitled to a conveyance, by warranty deed,
from the City of Saint Paul of the following described tracts or
parcels of land:
Subject to the reservation of an easement over the rear
5 feet of each lot for the installation and maintenance
Of utilities, the following: Lots 5, 7, 89 9, 10, 11,
139 14, 17, 189 199 20 and 242 Block 5; also subject
to an easement over the-rear 5 feet of each lot for the
installation and maintenance of utilities, the following:
Lots 2, 3, 41 71 9, 12, 141 169 179 18, 19, 229 23, 242
and 259 Block 6; also subject to an easement over the rear
5 feet and the west 5 feet for `the installation and main-
tenance of utilities, Lot 111 Block 6; also subject to-the
reservation of an easement over the rear 5 feet of each
lot for the installation and maintenance of utilities,
Lots"l 129 and 15, and Lots 17 to 24, inclusive, and
Lots 21 and 27, Block 7; also subject to the reservation
t of an easement over the rear 5 feet of each lot for the
installation and maintenance of utilities, and to the
reservation of an easement over the south 10 feet of the
north 150 feet for drainage of each lot, Lots 3, 4, 77
81 9, and 101'Block 7; also subject to the reservation
of an easement over the rear 5 feet and the east 5 feet
for the installatiow and maintenance of utilities, and to
the reservation of an easement for drainage over the south
10 feet of the north 150 feet, Lot 29 Block 7; also subject
to the reservation of an easement over the rear 5 feet
for the installation and maintenance of utilities and to
an easement for drainage purposes over the south 10 feet
of the north 150 feet and over the west 5 feet of the
north 140 feet, Lot 59 block 7; also subject to the
reservation of an easement over the rear 5 feet for the
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Dalglish
Holland
Loss
Meredith
Peterson
Rosen
Mr. President, Vavoulis
ions 6-0
Tn Favor
Against
Approved 19—
Mayor
;?. 42842
-2-
installation and maintenance of utilities and to
an easement for drainage over the south 10 feet
.'of the north 150 feet and over the east 5 feet
of the north 140 feet, Lot 6, Block 7; also subject
-to the reservation of an easement for the installation
and maintenance of utilities over the rear 5 feet and
the -west 5 feet, and to an easement over the south
10 feet of the north 150 feet_for drainage, Lot 11,
Block 7; also subject to the reservation of an
easement for the installation and maintenance of
utilities over the rear 5 feet;and the west 5 feet,
Lot 16, Block 7; also subject to the reservation of
an easement for the installation and maintenance of
utilities over the rear 5 feet'and the east 5 feet,
Lot 25, Block 7, all in South Battle Creek Heights
No. 2, according to the plat thereof on file and of
record in the office of the Register of Deeds in and
for Ramsey County, Minnesota; j
and
WHEREAS, the platting of Blocks 5, 6 and 7, South
Battle Creek Heights No. 2, into lots, by R and W Realty Co.,
pursuant to the provisions of the aforesaid contract for deed
dated the 28th day of February, 1964, necessitated certain changes
in lot lines and front building lines and tracts or parcels re-
served for public sewer easements, drainage easements, or other
public utility easements, constituting modifications of the pro-
visions of the aforesaid contract for deed of the 28th day of
February, 1964, which modificationsiwere acceptable to the
Valuation Engineer and the Commissioner of Public Works and were
approved and adopted by acceptance by the Council of tle plat
designated South Battle Creek Heights No. 2, according to the
plat thereof on file and of record in the Office of the Register of
Deeds in and for Ramsey County, Minnesota; and
WHEREAS, R and W Realty Co. desired such modifications
and has agreed to file a formal acceptance of such modifications
prior to conveyance of title by thelCity to R and W Realty Co.,
title to which presently remains in;the City of Saint Paul in
Blocks. 5, 6 and 7, South Battle Creek Heights No. 2; now,
therefore be it
ORIGINAL TO CITY CLERK 225842
42
y CITY OF ST. PAUL COUNCIL NO
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION - GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
-3-
RESOLVED, That upon a letter from R and W Realty
Co. to be filed with the City Clerk of the City of Saint Paul,
wherein said R and W Realty Co. consents to the modifications
of the aforesaid contract for deed dated the 28th day of
February, 1964, between said City of Saint Paul and said
R and W Realty Co., and agrees to accept the terms and pro-
visions of this resolution, the proper officers of the City
of Saint Paul are hereby authorized and directed to execute
a warranty deed to R and W Realty Co. to the aforementioned
tracts or parcels of land, in the form of the proposed warranty
deed, a copy of which is hereto attached and incorporated herein
by reference, and except as herein modified, subject to the
covenants, provisions and restrictions set forth in the aforesaid
contract for deed dated February 28, 1964.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Meredith
Peterson
Rosen
Mr. President, Vavoulis
10M 6-62
Tn Favor
G
Against
Nov 5 1965
Adopted by the Council 19—
Nov 5
M
;PUBLISHED NOV 13 1969
City of St. Paul
City Clerk
City Hall
St. Paul, Minnesota
Gentlemen:
We refer to resolution, Council File No. 225842.
R and W Realty Co., Inc., acting through the duly
authorized officers of'R and W Realty Co., Inc.,
agrees'Cto the terms, provisions and conditions
set forth in resolution No. 225841 and, further
agrees to abide by and be bound by such terms, pro- ~
visions and conditions of this resolution.
Rand W Realty Co., Inc.
arren S. Walker
President
Robert N. Walker
Treasurer
RMI/b
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296 LARCH
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ST. _
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ST. PAUL, MINN.
55117
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PHONE: 488 -6646
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November 8,
1965
City of St. Paul
City Clerk
City Hall
St. Paul, Minnesota
Gentlemen:
We refer to resolution, Council File No. 225842.
R and W Realty Co., Inc., acting through the duly
authorized officers of'R and W Realty Co., Inc.,
agrees'Cto the terms, provisions and conditions
set forth in resolution No. 225841 and, further
agrees to abide by and be bound by such terms, pro- ~
visions and conditions of this resolution.
Rand W Realty Co., Inc.
arren S. Walker
President
Robert N. Walker
Treasurer
RMI/b
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to an easement over the rear 5 feet and the west 5 feet'
for the installation and maintenance of utilities, Lot 11,
Block 6; also subject to the reservation of an easement
over the rear 5 feet of each lot for the installation and .:
maintenance of utilities, Lots 1, 12 and 15, and Lots 17
to 24, inclusive, and Lots 26 and 27, Block 7; also subject
to the reservation of an easement over the rear 5 feet of - �+
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each lot for the installation and maintenance of utilities,
and to the reservation of an easement over the south 10 j
feet of the north 150 feet of each lot for drainage, Lots {
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, , 7, , 9 and 10, Block 7; also subject to
the reser-
vation of an easement over the rear 5 feet and
the east 5
feet for the installation and maintenance of utilities, and
to the reservation of an easement for drainage
over the
south 10 feet of the north 150 feet, Lot 2, Block 7; also
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WARRANTY DEED
-
5 feet for the installation and maintenance of
utilities
THIS INDENTURE, Made this day of
1965, between City of Saint Paul, a municipal corporation under
s`I' ' • `
the laws of the State of Minnesota, party of the first part, and
R and W Realty Co., a corporation under the laws of the State of
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Minnesota, party of the second part,
WITNESSETH, That the said party of the first part in
consideration of the sum of One Dollar ($1.00) and other good
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and valuable consideration,- to it in hand paid by the said party
:
of the second part, the receipt whereof is hereby acknowledged,
does hereby Grant, Bargain, Sell and Convey unto the said party
of the second part, its successors and assigns, Forever, all the
tracts or parcels of land lying and being in the County of Ramsey
,:-;E °'
and State of Minnesota, described as follows, to -wit:
Subject to the reservation of an easement over the
rear 5 feet of each lot for the installation and
maintenance of utilities, the following: Lots 5, 7,
8, 9, 10, 11, 13, 14, 17, 18, 19, 20 and 24, Block 5;
also subject to an easement over the rear 5 feet of
each lot for the installation and maintenance of
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utilities, the 'following: Lots 2, 3, �•, 7, , 14,
9, l2
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16, 17, 18, 190 22, 23, 24 and 25, Block 6; also subject
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to an easement over the rear 5 feet and the west 5 feet'
for the installation and maintenance of utilities, Lot 11,
Block 6; also subject to the reservation of an easement
over the rear 5 feet of each lot for the installation and .:
maintenance of utilities, Lots 1, 12 and 15, and Lots 17
to 24, inclusive, and Lots 26 and 27, Block 7; also subject
to the reservation of an easement over the rear 5 feet of - �+
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each lot for the installation and maintenance of utilities,
and to the reservation of an easement over the south 10 j
feet of the north 150 feet of each lot for drainage, Lots {
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, , 7, , 9 and 10, Block 7; also subject to
the reser-
vation of an easement over the rear 5 feet and
the east 5
feet for the installation and maintenance of utilities, and
to the reservation of an easement for drainage
over the
south 10 feet of the north 150 feet, Lot 2, Block 7; also
subject to the reservation of an easement over
the rear
_
5 feet for the installation and maintenance of
utilities
r�r-_.r ^-_•.�.- -sue- r�•r- •.�:.�,�•�.., . - .. - ••. ---r- _r---- :•- �- T- --'-.r .^-- �•.----- nr,- •..- ..,��.�«..m�:
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and to an easement for drainage purposes over the -
south 10 feet of the north 150 feet.and over the
west 5 feet of the north 140 feet, Lot 5, Block 7;
also subject to the reservation of an easement over
the rear 5 feet for the installation and maintenance
of utilities and to an easement for drainage over the
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south 10 feet of the north 150 feet and over the east
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5 feet of the north 140 feet, Lot 6, Block 7; also subject
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to the reservation of an easement for the installation
and maintenance of utilities over the rear 5 feet and
the west 5 feet, and to an easement over the south 10
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feet of the north 150 feet for drainage, Lot 11, Block 7;
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al subject sub ec
t to the reservation of an easement for instal -
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lation and maintenance of utilities over the rear 5 feet
and the west 5 feet, Lot 16, Block 7; also subject to the
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reservation of an easement for the installation and mainte-
nance of utilities over the rear 5 feet and the east 5 feet,
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Lot 25, Block 7, all in South Battle Creek Heights No. 2,
according to the plat thereof on file and of record in the
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Office of the Register of Deeds in and for Ramsey County,
Minnesota.
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TO HAVE AND TO HOLD THE SAME Together with all the
,
i;;"'' hereditaments and appurtenances thereunto belonging, or in anywise
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appertaining,
to the said party of the second part, its successors
assigns, Forever. And the said City of Saint Paul, party of
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first part, for itself and its successors, does covenant with
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said party of the second part, its successors and assigns, that
'it
is well seized in fee of the lands and premises aforesaid, and
has
good right to sell and convey the same in manner and form
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' aforesaid, and that the same are free from all incumbrances, except`..
.with respect to local improvements for which special assessments have" -
;Ibeen heretofore or will hereafter be levied, and except that the
following covenants shall attach to and run with the subject land
.and
shall hereafter, or for the time specified with reference to
any
particular covenant, be binding upon the successors or assigns,
to such property:
1. -One (1) story dwellings shall have minimum floor =
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areas of not less than one thousand (1,000) square
feet on the first ,fJ.00r. plan; , and one and one -half (1'J),
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and two (2) story dwellings shall have a
minimum floor area on the first-floor plan
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of not less than eight hundred fifty 8 0
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square feet. In cases where s
q plat -level houses
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are constructed, the area enclosed by the foundation
walls shall not be less than one thousand (11 000 )
square feet, determined by taking the outside di-
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mentions of said foundation walls. Front building
lines shall be as shown on the plat designated
"South Battle Creek Heights No. 2" and no building
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shall be built c o y
1 closer than five (55 feet to an
property lines. Only new construction shall be per=
mined.
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2. The art of the second art shall
party p provide for a
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reservation of easements for installation and
maintenance of utilities. Said easements shall
be consistent with those shown upon the recorded
plat of South Battle Creek Heights No. 2.
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3. Only single - family type home construction for single
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family use shall be permitted prior to January 1,
1975, and the construction shall be subject to the
building zone ordinance of the City of Saint Paul "
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and all other applicable ordinances of said City,
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and no commercial activity or home advertising
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of any sort will be permitted, except for the selling
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of individual homes.
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And the above bargained and granted lands and premises.,,.
lr �' ► -; ` in the quiet and peaceable possession of the said party of the
'second art its successors and • part, assigns, against all persons
..
lawfully claiming or to claim the whole or any part thereof,
• # "- '' - 'subject
to incumbrances, if any, hereinbefore mentioned, the
"; -` -` said
party of the first part will Warrant and Defend.
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IN TESTIMONY WHEREOF, The said first party has caused
,.� these
presents to be executed in its corporate name by its Mayor,
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its City Clerk, and its City Comptroller and its corporate seal to
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be hereunto
affixed the day and year first above written.
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In Presence of CITY OF SAINT PAUL _
By
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Mayor
,
City ClerR
,r y Comptroller
_
: All
STATE OF MINNESOTA
COUNTY OF RAMSEY ss .
On this day of ,
"1965., before me, a notary public within and for said County,
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personally appeared George J. Vavoulis, Robert B. Gerber, Jr.,
ersonall
-
y and Joseph J. Mitchell, to me personally known, who being each `
by me tidy sworn did say that they are respectively the Mayor,
the City Clerk, and the City Comptroller of the City of Saint Paul,
Minnesota, named in the foregoing instrument, and that the seal
A, �
affixed to said instrument is the seal of the City of Saint Paul,
and that said instrument was signed and sealed in behalf of said
City of Saint Paul by authority granted pursuant to formal resolution
of the Council of the City of Saint Paul, Council File No.
passed and approved the day of , 1965, and the -said
Mayor, City Clerk, and City Comptroller acknowledged said instrument
to be the act and deed of said City of Saint Paul pursuant to said
resolution. ,
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