218400 t . � ���o
,ORIGINAL ZD CITY CLERK , CP te sonle No. 218400—By Robert F. �,
' CITY OF ST. P •Resolved,,Upon consideration of the O� �
application of Cemstone Products Co., �
OFFICE OF THE CI 8 nZi�esota corporation, for a permit
for its construction,reconstruction, and � _ / r f
' maintenance on and along ; (o t-F�
� COUNCIL RESOLUTION— aaTi� of its privately o�,e �.,�, r�
tate, in part across severa� t
• PRESENTED BY sections of publlc streets and aheys,� l
COMMISSIONE of a 6-feet high cyclone type steei� �
wire fence, said sections of publi�-+ {
— ------ ------- ----- �teeets and alleys being, because.•"
their topographical and other c�
tions, unfeasible £or ordinazy�i
street or alley use or for R
improvement ther�for• •that 3'
ably appears that said perrr`
granted without rejudice�f'
RESOLVrD, upori c"onsideration of th subf�t o the h ra'�� Cemstone Pr•oducts
Co. , a Minnesota corporation, for a permit f e�18�s,_,,,te�rpg'struction, reconstruction,
and maintenance on and along the boundaries 5�'''its privately owned_ real estate,
in part across several unused sections of public streets and alleys, of a
6-feet high cyclone type steel wire fence, said sections of public streets and
alleys being, because of their�topographical and other conditions, unfeasible
for ordinary public street or alley use or for practical improvement therefor;
that it reasonably appears that said permit may be granted without prejudice to
the public or to owners of ad�acent real estate, subject to the hereinafter
stated provisions, terms, conditions, and reservations, paxticularly a permit
for said applicant's construction, reconstruction, and mai.ntenance of said
type of fence, within the corpor�te limits of the City of Saint Paul, upon the
following described lines:
� Commencing at a point on the south li.ne of Mirinehaha
, Avenue which is coincident with the northwest corner
� „� of Lot °3, Block l, of Brou�her's Subdivision A, thence .
"� easterl'y•along the said south line of Minnehaha Avenue
� . :: fro�r-said�'pqant ;to the point of the intersection of said
• • - south line of Minnehaha Avenue with the west line of
�- �` ' Hazelwood�Avenue; thence southerly from said last mentioned
�- po.ir�t along the said west line of Hazelwood Avenue to the
� _ '����. �point of�the�•intersection'"�of the same with north line of �
" t� Beech Street; thence southwesterly from said last mentioned
� point to the northwest corner of Lot 1, Block 2, Bock's
'' Division; thence from said last mentioned point southerly
�� along the west line of Lot l, Block 2, Bock's Division to
� the point of intersection of the same with the north line
of the public alley in said Block 2, Bock's Division •
� ��' rt thence westerly from said last mentioned point along said
�
north line of said public alley in Block 2, Bock's Division
extended thereto and upon and along the north line of the
� public alley in Block 2, Brougher's Subdivision A to the point
of the intersection of said last mentioned north line with the
west line of Lot 8, Block 2, Brougher's S�zbdivision A, thence
northerly along said west line of said Lot 8, Block 2,
COUNCILMEN � Adopted by the Council 19—
Yeas Nays .
DeCourcy ,
Holland Approved 19—
Loss
In Favor
Mortinson
Peterson Mayor'
A gainst
Rosen
Mr. President, Vavoulis �
s M o-cu
. ���i���
Brougher's Subdivision A from said last mentioned point to
the intersection of the same with the south line of Beech
Street; thence from said last mentioned point easterly a
distance of 23.25 feet on said south line of said Beech
Street to a point therei.n; thence northerly upon a line
parallel to the east line of Bmrmingham Avenue to a point
in the south line of the public alley in Block l, Brou�her's
Subdivision A 23.25 feet west of the east line of Lot 13,
Block l, Brougher's Subdivision A thence easterly from said last
mentioned point along said south line of said last mentioned
alley to the point of the intersection of the same with the
west line of Lot 18, Block l, Brougher's Subdivision A; a,nd
thence, from said last mentioned point, northerly on a line
parallel �8 said east line of said Birmingham Avenue to the
point of beginning;
� and that the Commissioner of Public Works-shall be authorized, upon due appli-
cation therefor, by said Cemstone Products Co. , to issue a permit for the con-
struction, reconstruction, and maintenance by and at the expense of said Cemstone
Products Co. , of the hereinabove described type of fence upon and along said
hereinabove lines, sub�ect to said hereinafter stated provisions, terms, conditions,
� and reservations, and f�rther sub�ect to the procurement, by said permittee, of
the requisite building permit, under the Building Code; that the fol.lowing
additional provisions, terms, conditions, and reservations shall attach to said
permit and impose obligations upon said permittee germane thereto, with the same
a in�ent, purpose, and effect as if expressly recited in said permit:
_ _ R.
1. That said permittee,�:prziQ�stoa�he�exercise of said permit,
shall make due �,pplication therefor and procure the aforesaid requisite
building permit therefor and otherwise make due compliance with all applicable
provisions of the Building Code.
2. That said permittee and its successors and assigns shall f`ully indemn'fy
the City of Saint Paul against all loss and liability on account of all damages, '
in�uries, claims, causes of action, suits and 3udgments on account of in3ury to
person and/or property arising from or connected with the construction, recon-
struction, maintenance and/or removal of said fence hereunder; and that sup-
plemental to all other obligations on their part, 3ointly or severally, hereunder,
said permittee and its successors and assigns shall furnish and maintain, and
pay all premiums and other expenses for casualty insurance coverage by a duly
licensed casualty insurance .company in the amount of $300,000 against liability
for in�ury to any person and/or persons in any single accident, and in the
amount of $25,000 against liability for in�ury to property in any single accident,
and in said a.mounts and for said purposes, respectively indemnifying said per-
mittee, its successors and assigns, and the City of Saint Paul against liability
on account of all claims of third persons for in�ury to persons and/or property
arising from. or con�rected� with the construction, reconstruction, maintenance
and/or removal of said fence hereunder, and shall furnish competent evidence
of said coverage from time to ti.me to the Comptroller of the City of Saint Paul.
-2-
ti {� �
� ORIGINA fT0 CITY GLERK , • /,����
• CITY OF ST. PAUL couNCi� '�
OFFICE OF THE CITY CLERK FILE NO.
• ' COUNCIL RESOLUTION—GENERAL FORM �
PRESENTED BY �
COMMISSIONER DATF
C
3. That said hereby authorized permit shall be- subject to revocation
at the will of the Council of said City and said Council hereby reserves the
right to revoke the same by its resolution providing therefor and service of a
certified copy of such resolution upon said permittee or said permittee's
successors or assigns, in respect of its aforesaid real estate; and that,
in the event of any such revocation of said permit, said permittee or its
' said successors or assigns, shall become ancl be obligated, at its or their otim •
cost and expense, to remove the sub,ject fence as its removal shall be directed
by any such resolution and to restore the site of the sa.m.e to its condition
and state of repair as the same existed when the subject fence was installed.
�+. That the operative effect of said permit and this resolution,
respectively, shall be dependent upon the filing by said permittee, within ten
days after the approval of this resolution, with the City Clerk, of its written
acceptance of this resolution and its agreement whereby it and its successors
and assigns shall become and be bound unto said City of Saint Paul according
to the provisions, terms, conditions, and reservations of this resolution, and �
that such acceptance and agreement shall be in form approved by the Corporation
Counsel. • � -
._� .
,
V � -
� -�. _ .��
- ,��Y 2 g 196�
COUNCILMEN Adopted by the Council 19—
Yeas DAI.GLISHC Nays
� � ��� 2� 19�
Holland � pproved 19—
�ess- --_.__
In Favor
Mortinson , ` �` �
Peterson U ,�Ct�ng Mayor
- A gainst .
� �os�e� .
Mr. President, �is- �'Yl�
sM ��cl
� � - � - � �. / �� �
:.�� . -
� DUDI.EY, SMITI3, COPELAND Bc O�CONNO$
ATTORNEYS AND COUNSELORS AT LAW
E-1606 FIRST NATIONAL BANK BUILDING
JOSEPH J.DUDLEY ST,PAIIL 1�MINNESOTA
G.WILLIAM SMITH �_ ��^ �
RICHARD W.COPELAND
DAVID O CONNOR TELEPHONE 224-4871
,June 8, I964
To the Mayor and.City Council of the
City of St. Paul
Court House
S.t. Paul 2,. Mi.nne sot a
Re: Acceptance and Approval of
Council Fi.Ie No. 2I8400.
Dear Sirs:
The under-signed, Cems�one Products Company, a Minnesota
corporation, permitee under Council reaoiution file IVo. 2Y8400,
adopted by �he City Counci7. of the City of St. Paul on May 28, 1964,
hereby states to the City of St. Paul as foll.ows:
(a� That sa.id Counci.i fil.e No. 2Y8400 adopted by the City
Council of the City of St. Paur on `the 28th day of May, 7.964,
is hereby incorporated in.to this agreement just as though said
resolution,was fully v�ritten into this agreement and it is made
� a part hereof in totaY.
(b) The undersigned hereby accepts and approves the said
resoYution i.n a7.�. respects and aII of its terms and conditions.
(c� The undersigned binds itself, its successors a.nd assigns to the
City of St. Paul to become bound unto the said City of St. Pau1
; with respect to aYl.. of the provisions, terms a.nd reservations of
� ; said resolution and binds. itseYf, its successors and assigns to aY].
the terms �and conditions of said resolution.
� (d) Joseph ,J. DudYey, Attorney, E-I506 First Na�ional Bank Building,
St. Paul, Minnes.ota, has been authorized by Cemstone Products
Company , the undersigned, ,to sign this acceptance and to bind sa.id
corporation and its ,successors and assigns to aYl the conditions of
� said resolution.
� CEMS NE PRODUCTS CO
By l
� JOS PH . .DU.DLEY
At o ney for Cemstone .Products Company
� 06 First Nationa.l Bank Bui.Yding
JJD:bb :St. Paul. I, Mirinesota
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St. Paul, Minn.
May 28, 1964�.
To the Honorable, the �ity Council,
Saint Paul, Minnesota.
Gen tlemen: •
41ei the undersigned. do hereby accept and agree to
abide by all the terms and conditions of Council Fi.le 184�00
adopted by the Council on M�y 28, 1964.
CF�ISTONE PRODUCTS C0.
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