218016Original to City Clerk
PRESENTED BY
ORDIN
Council File No. 218016— Ordinance No.
12731 —By Frank L. Loss, by request —
An ordinance granting permission to
Leonard W. Bisanz and Wallace M.
Mailand to construct a public storm
sewer in a certain perpetual public
easement provided to be granted or
caused to be granted by said peil eittees
to the City of Saint Paul and r" r,ribed
as follows: a 15.0 foot wide W, 'p anent
easement for the purpose o 'ruct-
ing and maintaining public :N� ewer
on under, across and thn* ti.r.triV
feet in width,' ; -_.,-
on
' 'erlinee
1 „An ordinance granting permission to Leonard W.
Bisanz and Wallace M. Mailand to construct a public
storm sewer in a certain perpetual public easement
provided to be granted or caused to be granted by
said permittees to the City of Saint Paul and described
as follows: a 15.0 foot wide permanent easement for
the purpose of constructing and maintaining public
storm sewer on, under, across and through a strip
of land 15.0 feet in width, the centerline of said
easement t being described as follows: the centerline
of said easement being anrE -W line, a distance of 78.25
feet north of and parallel to the north line of St. Paul
Avenue and extending across Lots 5, 6, 7, 8 and 9,
Block 4,�Granport Addition, from the terminus of the
existing sewer easement in Lot 9, Block 4, Granport
Addition to 5.0 feet east of the west line of Lot 5.
This is an emergency ordinance rendered necessary for
the preservation of the public peace, health, and
safety.- �- -
21-801-6 ”
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
1�
Section 1. That permission and authority, subject to the provisions,
terms and conditions of this ordinance hereinafter set forth, hereby are granted
to Leonard W. Bisanz and��Wallace M. Mailand to construct a public storm sewer
in that certain hereinafter described perpetual public sewer easement hereby
required, as a conditionilprecedent to the effect of such permit, to be granted
or caused�to be granted by said permittees to the City of Saint Paul. That
'such public storm sewer shall serve the following described tract or parcel
of land:
West 1/2 .of Lot 3, all of Lots 4 and 5, Block 4,
Granport -Addition
and such public storm sewer shall be constructed and maintained in such perpetual
public sewer easement described as follows:
A 15.0 footl' wide permanent easement for the purpose
of constructing and maintaining public storm sewer on,
under, across and through a strip of land 15.0 feet
in width, the centerline of said easement being
described as follows: the centerline of said easement
being an E -W line, a distance of 78.25 feet north of
and parallel to the north line of St. Paul Avenue and
extending across Lots 5, 6, 7, 8 and 9, Block 4,
Granport Addition, from the terminus of the existing
sewer easement in Lot 9, Block 4, Granport Addition
to 5.0 feet +east of the west line of Lot 5.
ll -
21801 -6 14
fa13(
Section 2. That the Commissioner of Public Works hereby is
authorized to issue a permit to Leonard W. Bisanz and Wallace M. Mailand
for the construction of such public storm sewer upon and subject to the
following provisions, terms, and conditions:
1. That said permittees shall construct said sewer entirely
at their own expense, under the supervision and to the satisfaction of the
Commissioner of Public�Works, and in accordance with the plans and specifi-
cations prepared by hiui:
2. That said permittees shall pay the cost of engineering and
inspection of said work;, and for the publication of this ordinance.
3. That saU permittees 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 original condition.
4. That said permittees, after the inception of said work, shall
prosecute same continuously with diligence, and fully complete said work to
the satisfaction and approval of said Commissioner on or before November 1, 1965.
11r
5• That saidj'ipermittees expressly agree and undertake 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 outl!of or occasioned by the performance of the work
contemplated by this permission and authority.
6.-- -That saidl�permit "tees shall furnish a bond to the City of Saint
Paul in the sum of $10,600 conditioned to comply with all the terms of this
ordinance and to 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 making of the improvement or arising out of the
same.
7. That saidjipermittees shall not proceed to construct said sewer
unless and until said permittees shall have fully complied with the provisions
regarding insurance andi;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 f said Specifications, as amended,
iapplicable to contractors. For the purpose, of this ordinance, the aforesaid
section of said Specifications numbered 1.44, as amended, shall be read as
though the word "permitt'ees" were substituted for the word "contractor"
wherever the-same appears in the aforesaid Section 1.44, as amended. Said
Section 1.44, as amendedl, of-the Specifications for Street and Sewer Construction
in the City of Saint Pali is hereby incorporated herein by reference asffully
and as completely as if 'set forth herein verbatim. Proof of compliance with
the provisions of 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. • {'
], 8. That said 'permittees shall, within thirty days after the passage
of this ordinance, file written acceptance thereof with the City Clerk.
\4Q;.
a
1r -2
1
�1
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Original to City Clerk ,
"ORDINANCE 218016
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
9. That1`said permittees shall, at their 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 for the construction,.maintenance, and
operation of such public sewer on, under, across and through that strip of
land hereinbdfore- diescribed.
10. Thad! said hereby authorized public storm sewer, particularly
i
in respect of its--c�knstruction,.is described as follows:
Beginning at the terminus of the existing storm sewer
in Lot 9, Block 4. Granport Addition, thence continuing
easterly a distance of approximately 150 lin. ft. to the
west'�property line of Lot 5, Block 4, Granport Addition,
saidi� sewer alignment being parallel to and 78.25 feet
north of the north line of St. Paul Avenue;
and that the same, as aforesaid, shall be installed, maintained, and operated
within the lines of'�the aforesaid public sewer easement.
Section 3
ordinance rendered
health, and safety.
Section 4
and after its passa
This ordinance is hereby declared to be an emergency
essary for the preservationcof the public peace,
This ordinance shall take effect and be in force from
approval, and publication.
Yeas Councilmen Nays
Dalghsh � I
Holland f V
Loss f
san '
Fetamon-
Rosen
Mr. President (Vavoulis) +I
�I
Attest:
Wy Clerk
1111 8-82 22 Form approved
Counsel
JUN 3 196
Passed by the Council
4
Tn Favor
DoDllute to Printer
o ORDINANCE W 8
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
,.An ordinance granting permission to Leonard W.
Bisanz and Wallace M. Mailand to construct a public
storm sewer in a certain perpetual public easement
provided to be granted or caused to be granted by
said permittees to the City of Saint Paul and described
as follows: a 15.0 foot wide permanent easement for
the purpose of constructing and maintaining public
storm sewer on, under, across and through a strip
of land 15.0 feet in width, the centerline of said
easement being described as follows: the centerline
of said easement being an E-W line, a distance of 78.25
feet north of and parallel to the north line of St. Paul
Avenue and extending across Lots 5, 69, 7, 8 and 9,
Block 4, Granport Addition, from the terminus of the
existing sewer easement in Lot 9, Block 4, Granport
Addition to 5.0 feet east of the west line of Lot 5.
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, subject to the provisions,
terms and conditions of this ordinance hereinafter set forth, hereby are granted
to Leonard W. Bisa 7, and Wallace M. Mailand to construct a public storm sewer
in that certain hereinafter described perpetual public sewer easement hereby
required, as a condition precedent to the effect of such permit, to be granted
or caused to be granted by said permittees to the City of Saint Paul. That
such public storm sewer shall serve the following described tract or parcel
of land:
West 1/2 of Lot 31, all of Lots 4 and 5. Block 4,
Granport Addition
and such public storm sewer shall be constructed and maintained in such perpetual
public sewer easement described as follows:
A 15.0 foot wide permanent easement for the purpose
of constructing and maintaining public storm sewer on,
under, across and through a strip of land 15.0 feet
in width, the centerline of said easement being
described as follows: the centerline of said easement
being an E -W line, a distance of 78.25 feet north of
and parallel to the north line of St. Paul Avenue and
extending across Lots 5, 6, 79 8 and 9. Block 4,
Granport Addition, from the terminus of the existing
sewer easement in Lot 9, Block 4, Granport Addition
to 5.0 feet east of the west line of Lot 5.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
IAI "2 22 Form approved Corporation Counsel By
Passed by the Council
Approved:
Mayor
Favor
A, nst
_Af
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♦ - `if,. l•. .� •f`. _ _S _- _ -J. - 4. _ Jam/ /��J
A`r__� ti - - - �4•'- •• ''s'- - tea- - _
- - - Se¢ti_on' 2 i.` T_# -.the 'Comm ss3oner' iot'`Publia.4lorica herabyr
authorized to, :�.sduo -a ,permit to- _Leonat'd -W - Bisanz ' and - Wallace M: Aailand f
> fox- the;,constructiori' ofjL'sueh -- tiAblie ,:stdrm•seKer, 'upon erid subj ee ''to, the.
_Y : followi_ ng',provisioris;` °erms -:an' d ;donditians i
vr-
t e
re
,pieridtes lshnl `eonstruct`sa s w r =
• °` . - �..
at`- tibiedwn .expori's_e.,. ='iinQer =.the; supervision and 'to the.eatWisfaction .o
Ggmm ss3bner of� Pu�ilic or�ts' .'snc it aacordanca ,With t iaPplaiiA amd spec 2'i-
catiope - prepared by;.hity
That sai.4 permii"t -ii _shall'pay�th- cost oi' ®ngineeri ::and - -�
ins�rsetion-', of _ said, � 6'A- sad. nor the publicat�`ori of., tbie ^ ordi Cana$ - k
. - ; +- - '-.• -._ - _ die -•., _ + i �' Vii:- '..•r• - -. ' ''; .3:.• +_ '., �.,.r- "_f _, :" _
n 3:' 'that esid permitteea :shaTY- prolierl protect;.all= excavations `made i
-
'in' the' streetg both day, and xiight sv. as. to ;avoid all damage or in�ui-y td ,persons
'• or, ;pxoperty; shall. 'propefly ,fill said ,tamp' skid 'street $ -to "-•void -settling and
• - shall x"tore said- stre6is 'to' their.• -`grig nal condition
.4 -._ That - _,send pernittees.; aft or, =the inc apt io of -said,Wdrk shall
;prosecute saigA oontin�uouslywith,ci3ligeiice ,andully'eompletQ _ seic xor'k to
• : " the .sati- sPa.ction and eppr -oval -of -, said 'Conunissidiaer on or',b6fore :I�oYamtier 1-,,-1965' =
';•••c~ - !•' •: .its r._•." ;� � - - •�. - �. w ... -..
That said peraittoee expressly .agree and undertake. to
= indeitn arid., hold hexial ess ,t a -Eit of Bain ,Fully `
- . _. • h_ y` t'" -Paid; ,its sgegte, offloers;
_ and' dmployees frot ,.4 and all damag ®s, • �claimii, losses:; 'judgments;. •suits, - t
{ ` o"r expenises arid ng• out of or Qcde•si' ti "th • erformane the ork -
' coin plated ,by. t y o 'p .. f e flf �. `
ex hls eruiiswioii arid' authority. -- � t
-`6: -That #did, permitteei e1�a11 furnish 'a boiid =to the City. of Saint �•
• haul in,the '.sumtof - 10;06Q:ognditionea to- comply with';el�. the terms. of: this' -
„ordinatzce " ricl" to ,indemnify, and•• sa'va rharm 'City from all liability,
_ 1 _ los;e,, jidgm6ilts, sufrta,, cost's;: charges and expeds ;that may accrue, to - persona'
,or property oGCaaioried by-.t_ he sicking, of the improvement , or '- +rising :out .of " the
• 1,{ , l acts - ... { t • FAF - _ .r "- • . - M1, �.J _ ! _ ^'• - _ ' • •
That jsaid'•permitteae_° shall.'- 'u6t- proce-ed-to''construct'seid sewer.
' uiliess, and. until• °sefd perip tteea shall have'fc11y complied with -tile roirisionp' _ +
Y • regerdiiig lnsuranca!' and, indemniFiaation ' contai ned' iia the 'City of Saint " Paul;
Department of Publira Works $isecifieatioii's" i'or 'Street -and: Sewer Construction -,
dated Apr ik -- 1, 19S9,= Section, iumbered.: 1;44" said -SiSeQificatYc_ na se •ainerlseil;
F t.applioable to'contr,'aciors. For the. purposes.of' this 'ordinance,'the -,afoiesa_id_'
sectio" of said Spdcifications ni bered'1 k4 as `ameiided,..shall be "
read.' as
a thou h.- t ,, "`' n. -
g he_, -fiord- , pei►mittees • were substitiiteci Yqr the` void .contractor" "
avberever .thy: 'sane appears, iii:the, aforesaid Section' .'44 as suiendedc- .` Soid
Section- 1`. $4; as augende of _the Spcifioations f or Street 'and Sealer .Construction''a:' '
• in the City. of.= Saint' ;Paul- is hereby, incorporated- - hereiiT eby reTerence• asffully
t 1
aud_aa''completBly ;as::zif set �,. ,forth here n'•werbatiin S.wP oof' of a.otaplianCe- with
ti the - `provisioSns of a the' aforesaid Section .4 =ae .amended, shall, `after submission
to. - the,Cor ration dounsei a filetT in the, ,
Fo ,' t siffiae of th ®: Cotsptroller' of the
City of Saint' Paul:..
!w ' y .. i1� ` r' •t _`,'' _ a ._ ? i -J±�f r� a:rr .'.. ..t •'r. v +Y i' ' ' `... a
The saki' permittees shall; within: thirty days -eifter :the !passage ;
of .thiss ordinance; vnl accepta_ nco thereof -.with .tYie City',=Clerk.
- +•�.�- wl,: _. •, '__n- `. f' T J 1- 'iii., �
_ r .. /- ''�. fib- • :. -, .'3'� • _. 1 .. - ,•• "i "
•"}- .•5, - , _ sir• Y�, ` a ,• _ - + _ .. - _ _ a .. .. :_
` ','� rrF ri�,'•.''•,r _•_""}' _YY ' "- C }'. - •kip•, ". `'1L - •_'' ' _3 •a f._ - . _ ,
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Duplicate to Prtnter
ORDINANCE 1-806
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
9. That said permittees shall, at their 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 for the construction, maintenance, and
operation of such public sewer on, under, across and through that strip of
land hereinbdfore,�despftbed.
10. That said hereby authorized public storm sewer, particularly
in respect of its construction, is described as follows:
Beginning at the terminus of the existing storm sewer
in Lot 9, Block 4, Granport Addition, thence continuing
easterly a distance of approximately 150 lin. ft. to the
west property line of Lot 5, Block 4, Granport Addition,
said sewer alignment being parallel to and 78.25 feet
north of the north line of St. Paul Avenue;
and that the same, as aforesaid, shall be installed,'maintained, and operated
within the lines ofthe aforesaid public sewer easement.
Section 3. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservationcof the public peace,
health, and safety.'
Section k. This ordinance shall take effect and be in force from
and after its passage, approval, and publication.
I
FA
Yeas Councilmen Nays
Dalglish
Holland
Loss
wrrtinsa
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
inz "2 22 Form approved Corporation Counsel By
—3—
JUN 3 19H
Passed by the Council
Tn Favor
Approved:
Against
c
Mayor
4 o
�4 June 9,- 1964 .
To the Honorable, the City, Council,
Saint Paul; Minnesota.
Gentlemen:
We, the undersigned, do hereby accept and agree to abide
by all the terms and conditions of Council File 218016, being Ordinance
No. 12731, adopted by the Council on June 3, 1964. r
ONARD W. BIS Z
jk E M. MAILAND
I
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_ `�- - - -_ - _ fin_ ,r - �- ,� _ `- 1�• -
'June 9;-1964r
jr
Xr.'Leonard W. Bisanr,
1050 S. Cleveland
St.' Paul. Minn.
_beer, Sire,
k'e
enclose. A copy of Ordi No. '12731,_ granting you
permission - ,to _ construct a public a _ sewer_ described thereont
6 so bill in the sum of, t vdr the st- of ublicati on - -of -
,. � X33.75 �?
_ , • this ordinance. '
We call'>your spec. tent n to Paragraphs 6 and 8 .of
' Section 2 which Vequire t f _a in the amount specified
and -the filing .ofa�an ac ance 'of a fie of-this ordinance. Both
must be filed in this o ice, Roam , City Hallj_within 30 days. -
j If not so fi1,ed , ' ,,the ' o nance bed void. We' also call your - attention
to Section -9 requiring filing a warranty'deed. -.
• , as _ -
' - - - . -• r - iy _a Yery truly yours.
City Clark
^',- - - r _ fir. •4". r _• r w - > -
t,GEOF2GE M. SftPARD' C I T Y
^STREET AND HIGHWAY
ENGINEERING COORDINATOR L
.. aa.
9
DEPAF
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E V.� AVERY
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ENGINE[R
ESTER
NTMI ENT F SANITATION'
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1 May 8, 1964 �D
Mr. Donald L. Lais{ MAY $ 1964
Corporation Counsel CQ:ZPO
316 City Hall PQTjoN �V
� U1V►�,�L
i, Re: Request for Ordinance
Bear Mr. Lais:
1�
Attached is the original letter of Wallace M. Mailand and Leonard
W. Bisanz requesting to build a public storm sewer privately.
The description of the property to be served by such sewer is
described as follows:
1i
W. i of Lot 32 all of Lots 4 and 5, Block 4, Granport Addition
to St. Paull.
The description of the storm sewer is as follows:
Beginning at the terminus of the existing storm sewer in Lot
9, Block 42 Granport Addition, thence antinuing easterly a
distance of approximately 150- -tin. ft, to the west property
tine of L'o`t 5, Block 42 Granport Addition, said sewer alignment
being par {allel to and 78.25 feet north of the north lire of
St. Paul 1Avenue.
1�
The description of the sewer easement is as follows:
1
A 15.0 foot wide permanent easement for the purpose of
constructing and maintaining public storm sewer on, under,
across and through a strip of land 15.0 feet in width, the
centerline of said easement being described as" follows:
"The centerline of said easement being an E -W line, a
distance of 78.25 feet north of and parallel to the north
line ofjESt. Paul Avenue and extending across Lots 5, 6, 7, 8 and
9, Block 4, Granport Addition, from the teminus of the existing
c'
Mr. Donald L. Lais -2- May 80 8 1964
o
sewer easement An Lot 9, Block 4, Granport Addition to 5.0
feet east of the west line of Lot
The permittee agrees to comply with all the conditions•o.f, the
ordinance and I request that theordinance be prepared. If you have any
questions referring`tq,;this matter you may call me on extension 446.
Yours very truly,
3 John A. DesLauriers
Sewer Engineer
JAD /j h
Approved:
lr•
Eug ne V.1I Avery
Chief Engineer
attached (1)
3
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LEONARD W. SISANZ
1050 CLEVELAND AVE. SO.
I' ST. PAUL 16. MINN.
j! April 28, 1964
0
Honorable Milton Rosen
Commissioner of Publlic Works
Room 234, City Hall,,
St. Paul 2, Minnesota
1'
Re: Request for Ordinance for build -
j: ing storm sewer in an easement
in Block 4, Grandport Addition.
Dear Commissioner:
a -
We hereby request on behalf of Wallace M; Mailand, 1722 So:. Missy
issippi River Blvd.!, and Leonard W. Bisanz, 1392 So. Cleveland Ave-
nue, that the St. Paul City Council pass an ordinance to permit us
to construct a public storm sewer privately. Said sewer is as
follows: From thel�terminus of the present storm sewer constructed
recently by Bisanz�fBros. Construction Company.
The sewer is to s
erly one -half of
Addition to St. P
I agree to deed
I agree to fully
ment incurs for
the following described real property: West -
3, and all of Lots 4 and 5, Block 4, Grandport
the City the required easements.
e the City for all costs that your depart -
ng and construction inspection.
I also agree to play the publication costs for the ordinance.
I further intendjto comply with all the requirements of the ordi-
nance and understand that I must file with the City Clerk a writ-
ten acceptance of the terms of the ordinance within the time spe-
cified.
1
Yo s xery truly,
Leonard W. Bisanz
Wallace M. Mailand
�f
LWB/v j
cc: Wallace M. Mailand
a
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II
1�
ORIGINAL
TO"PAYOR
RECEIVED OF
FOR�tin�/y _
Soo 5-41II 22
1 CITY OF SAINT PAUL
OFFICE OF THE COMPTROLLER
`RECEIPT
N° 1644
1
Ui'
i�
CITY COMPTROLLER
BY
ion
ISt( ✓
'Laid over to
d .
3rd and app.__
1
2nd j (I
Yeas Nays 9E \ s Nays
r
M
Dalglish Dalglish
f
olland Holland
i;
Loss i Loss
Peterson 1 1'ete�sefl -. CJ
�.�
Rosen �UBLISIII;D Rosen
I.
Mr. Pres4dn,t avoulis
2 ' 80169 -7 -r