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219984ORIGINAL TO CITY CLERK 4, PRESENTED COMMISSI1 COUNCILMEN Yeas CITY OF ST. PAUL - ` 219984 FOENCIL NO_ OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM osen, Commi ssi onA of Public Works ..,September 15, 1964 RESOLVED, That permission is herewith given to First Lutheran Church, Saint Paul, Ramsey County Minnesota, to dump and otherwise to place clean fill material on the unimproved portion of North Street between the west boundary of vacated Maria Avenue and the Northern Pacific Tracks, conditioned upon said permittee filing a hold - harmless, agreement with the clerk of this City, said agreement to state that said permittee shall hold harmless said City of St.. Paul from all claims, suits, and actions at law arising out of or in connection with the aforesaid permitted use of said unimproved North Street, said use to be based upon and limited in area by the sketch thereof on file in the office of the Department of Public Works within and for said City. Nays 4 Dalglish Holland Loss —In Favor Meredith Peterson Against Rosen Mr. President, Vavoulis IoM 6-64 Council File No. 219984—By Milton Rosen — Resolved, That permission is here- with given to First Lutheran Church, Saint Paul, Ramsey County, Minnesota, to dump and otherwise to place clean fill material on the unimproved portion of North Street between tht west boundary of vacated Maria Avenue and the Northern - Pacific Tracks, condi- tioned upon said permittee filing a hold - harmless agreement with the Clerk of this City, said agreement to state that said permittee shall hold harmless said City of St. Paul from all claims, suits, and actions at law aris- ing out of or in connection with, the aforesaid permitted use of said un- improved North Street, said use, to be based upon and limited in area by the sketch thereof on file in the office of the Department of Public Works, with- in and for said City. Adopted by the Council September 15, 1964. Approved September 15 1964. (September 19,'1664) Adopted by the Counci EP 15 1964 19— SEP 151964 ;. tom• r. ., 7'o¢ of Pro�ooa¢d Fi /l ' ., +- .::.:-fit- `•. .- ;x-�- -.,•., 4,}; ' _.try \ A WTois'�°� 7of o,- `I Proposa tred% Tur7aroL1r?d s�>9- vlvlsloH ti BLOCK 1 1 ` Q do LOT .3' � LOT 2 I LOT 1 r� b L� I � r! -Proposed 3 fed Sire e:4 Zdaca fl�ogal e •, ------ - - - - -- — �ui /ding — ,mle of Cllurc17 Propady f/ OW7 I W Q Q r� 4 L EXHIBIT A. E EIGHT 57REET SKETCH SHOWING PROPOSED FILL. A r THE FIRST LUTHERAN CHU)eCH EDUCATIONAL BUILDING SITE Scale � ' /oo .Sr'7'oui Minn //u8usi z/, 196-4 C01111ry Attibitor z Offtre COUNTY BOA O St. Paul, Minn., File No. 192 2e601"01 9-743h No. ocil ber 15, 19 64 The attention of County Auditor - County attorney - Land ;o=isGioner - Council, City of .;t. Paul is respectfully called to the following Resolution of the Board of County Commissioners of Ramsey County, Minnesota, adopted at the meeting held on 5epteLber V1, 3.96': By Commissioner Goodrich: iIECOLJLU, 'Phat, subject to the ,ranting of a pei.nit by the City of Ct. Paul to deposit fill in u portion of Borth Street west of li ria Avenue, and subject to the approval of the lounty Attorney, the first Lutheran Church of ;;t. Paul be and hereby is authorized to deposit fill on the tax - forfeited land described as: Lot 3, Lloch 1, Auclitor's Subdivioion Igo. 73 .,t. Paul, 2Inn., to the e::tent shown in the attached plat. L Form Au4L ion EUGENE & NICL Count Auditor By - _ —Deputy, k = r Sept." 15. 9 Mr. Carl A. Swenson, :l Attorney at Law, 3.100 Pioneer Bldg., St. Paul, 1, Minn.. i Dear Sir: - Enclosed is a opy of _a lution C. F. 219984 granting permission to First Lu ran Church dump and otherwise place = clean fill material on umimprov portion of North Street between _ the west bounda va Ma enue and the Northern Pacific tracks, coed on g ttee filing an agreement with ,. the Clerk o is City, as more t1i17.y explained therein. _ - Very, truly yours, City Clerk AO/hp a THOMAS, KING, DAUBNEY, SViENSON & COLLATZ ATTORNEYS AT LAW 1100 PIONEER BUILDING PAUL C. THOMAS GEORGE C. KING 224 -7461 JOHN N SOON N CARL A. . SW SAINT PAUL, MINNESOTA 55101 SW EN FREDERICK A. COLLATZ DIXON E.JONES B. M. CALLINAN September 18, 1964 City Clerk Court House St. Paul, Minnesota Re: First Lutheran Church Ordinance granting permission to dump clean fill on North Street Dear Sir: I am enclosing herewith original and copy of a Hold Harmless Agreement pursuant to the ordinance. When this has been executed on behalf of the City, will you kindly return one copy„to me. Very truly yours G CARL A. SWENSON CAS/kb Enc. cc: Mr. Lyman Hansen -� HOLD H_ A'RML;ESS AGREEMENT 2 This Agreement, made.this -O day of September, 1964 by -and between First Lutheran,Church, Saint Paul, Ramsey County, 6' ti Minnesota, and_City.of Saint Paul, Witnesseth as follows: WHERE *AS,, First Lutheran Church has petitioned the City ' T to � 1,i..- = 3.. . .., . S j - - • Council to grant permission to dump and place clean fill 'material on a portion of North Street, and WHEREAS, the City Council, in behalf of the City of Saint Paul, has on September,15, 1964 by council file No. 219984 granted ` permission to.,dump and otherwise place clean fill material on a portion of North Street between the west boundary of vacated Maria- Avenue and the Northern Pacific tracks; conditioned upon the First Lutheran Church executing a-hold harmless agreement. --- -• -- -_ - NOW T_ HEREFORE, inconsideration of the City _of Saint -Paul granting permission to dump _clean fill,' the undersigned First Lutheran Church hereby agrees to hold the City of Saint Paul harmless from all, claims, suits, and actions of: law arising out of or in connection with the 'aforesaid permitted use of said unimproved North Street, -the use to be limited in area by the sketch on file in the office of the Department of Public• Works for said city. IN WITNESS WHEREOF, the parties have executed this agreement on the date first above written. 1 , tV WrOto FIRST LUTHERAN CHURCH, ti�r�__�_dny f SAINT PAUL,, RAMSEY COUNTY, ` - -MINNESOTA _ - Qomm�satu.nsr of Rranot y Se- areta=ry Approved as to form and execution CITY OF SAINT PAUL ' this_ %^ ~tts fs unt;i.vpoiytl Counsel By :. _ _ n STATE OF MINNESOTA) ss COUNTY OF RAMSEY On ,this ` day of -- ;'September 1964, before me, a Notary Public within and for said County, ,personally appeared -­ Helen K. John s on ,~to `me?per_sorially known who, being duly sworn did say'that` she is ' 'the Secretary,of jhexcorporation 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 o_ f 'said,,cbrporation by authority of its Board of Directors and said Helen-K. Johnson acknowledged said instrument 'ta t:. -the free act�arid- deed +of: sai torpor ti Notary Public, Ramsey. County, Minn. 1969' My commission expires Nov. 5; _