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213884Original to City Chrk Council File No. 213884— Ordinance No. t 12522 --By Milton Rosen - 1 A.rx ordifi ^nee granting permission to O `' ' .u' 'r t nstruct a i�T��l' iirzFli 'lituirr`�:�txit�t,a•e ♦��['� . COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.- A I� An ordinance granting permission to L. J. McNulty, Inc., to construct a public sewer in a public sewer easement to be granted or caused to be granted therefor, by the permittee to the City of,Saint Paul and affecting land therein situate, to serve Lots 19 and 20, Block 15, Lots 20, 21, 22, 23, 24, 25, 26, 27 and 28 of Block 14, West End, and all portions of vacated streets and alleys accruing thereto according to the plot thereof on file and of record in the office of the Register of Deeds in and for Ramsey County. 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 are hereby granted to L. J. McNulty, Inc., to construct a public sewer in a public sewer easement to be granted or caused to be granted therefor, by the permittee to the City of Saint Paul and affecting land therein situate, hereinafter described; the following described property to be served by such sewer, may be connected therewith, for public sanitary sewer service purposes, without any requirement for any payment to said City therefor, either an advance sewer assessment deposit, or of other nature: Lots 19 and 20, Block 15, Lots 20, 21, 22, 23, 24, 25, 26, 27 and 28 of Block 14, West End, and all portions of vacated, streets and alleys accruing thereto according to the plot thereof on file and of record in the office of the Register of Deeds in and for Ramsey County. Section 2. That the following is a description of the line of the subject public sewer which shall be connected with the adjacent public sewer in the public alley immediately south of Walsh Park within said;,; City, to -wit: Beginning at a pointrthat is in the platted alley south of Walsh Park, said point of beginning being an existing manhole located 149.11 feet west (as measured along the south line of said alley) of the monument marking the intersection of the east line of Lot 15, Block 14, West End with the south line of said alley; said existing manhole also being located 14.95 feet north of and at right angles to -the south'line of said alley; thence, in a southwesterly direction at-a deflection angle to the left 13° 54' from the centerline of said alley a distance of 188.0 feet to a point; thence, in a southerly direction at a deflection angle to the left of 540 15' a distance of 130.0 feet to a point; thence, in a southwesterly direction at a deflection angle of 690 02' to the right, a distance of 250.0 feet to the point of ending. Section 3. The Commissioner of Public Works is hereby authorized to issue a'permit to L. Jl McNulty, Inc., for the construction of said sewer, upon its compliance with the following conditions, viz: Yeas Councilmen It Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest City Clerk 1 M 6-62 2 2 Passed by the Council In Favor (,7 2L 1. Said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specifications prepared by him. 2. Said permittee shall pay the cost of engineering and inspection of said work, and for the publication of this ordinance. 3. Said permittee shall properly protect all excavations made in the streets or alleys, both day and night so as to avoid all damage r injury to persons or property; shall properly fill and tamp said stregsa /I eaoid settling and shall resurface, in accordance with the plans and specifications of the Department of Public Works, any portions of streets or alleys that are disturbed during the construction of the sewer. 4. Said permittee, 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 October 15, 1963. 5. Said permittee expressly agrees and undertakes 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 out of or occasioned by the performance of the work contemplated by this permission and authority. -6. Said permittee shall furnish a bond to the City.of Saint Paul in the sum of $10,000 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 same. 7. Said permittee shall not proceed to construct said sewer unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, Section 1.44, and found on pages 1 -13 through 1 -17 of said Specifications, as amended, applicable to contractors. For the purposes of this ordinances the aforesaid section of said Specifications numbered 1.44 shall be read as though the word " permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44 of the Specifica- tions for Street and Sewer Construction in the­City of Saint Paul, as amended, is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with the previsions of the aforesaid Section 1.44 shall be in such form as the Corporation Counsel of the City of Saint Paul'may direct, and the documents required by the aforesaid Section 1.44 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. -2- Orl¢inal to-City clerk _ ORDINANCE COUNCIL FILE NO. r PRESENTED BY ORDINANCE NO.. 2r3884 8. That said permittee shall, at its 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, a perpetual easement for the construction, maintenance and operation of said public sewer covering that certain strip of land 15 feet in width, described as follows: A permanent easement 15 ft. in width for the purpose of con- structing and maintaining a public sewer on, under, across and through a strip of land 15 feet in, width, in Block 14, West End, the centerline of said easement being described as follows: Beginning at a point that is the intersection of the centerline of the alley south of Walsh Park with the line that is at right angles to the south line of said alley and 149.11 feet west of the east lot line of Lot 15, Block 14, West End; thence, in a southwesterly direction at a deflection angle to the left of 130 54' of said centerline, a distance of 188.0 feet; thence, in a southerly direction # a deflection angle of 540 15' to the left, a distance of -130.0 ft; thence, at a deflection angle of 690 02' to the right a distance of 260.0 feet to the point of ending. 9. That said permittee shall, within 30 days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Section 4. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 5. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Yeas Councilmen Nays Dalglish Holland Loss Peterson . Rosen .Mr. President (Vavoulis) Attest: City Clerk .IM' 8-82 22 -3- JUL 3 0 1961 Passed by the Council Tn Favor JUL 3 0 1963 Mayor i U I r I DnpU"te to Prin4r _ ORDINANCE 213884 PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. An ordinance granting permission to L. J. McNulty, Inc., to construct a public sewer in a public sewer easement to be granted or caused to be granted therefor, by the permittee to the City of Saint Paul and affecting land therein situate, to serve Lots 19 and 20, Block 15, Lots 20, 21, 22, 239 249 25, 269 27 and 28 of Block 14, West End, and all portions of vacated streets and alleys accruing thereto according to the plot thereof on file and of record in the office of the Register of Deeds in and for Ramsey County. 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 are hereby granted to L. J. McNulty, Inc., to construct a public sewer in a public sewer easement to be granted or caused to be granted therefor, by the permittee to the City of Saint Paul and affecting land therein situate, hereinafter described; the following described property to be served by such sewer, may be connected therewith, for public sanitary sewer service purposes, without any requirement for any payment to said City therefor, either an advance sewer assessment deposit, or of other nature: Lots 19 and 20, Block 15, Lots 20, 211, 22, 230 249 25, 260 27 and 28 of Block 14, West End, and all portions of vacated streets and alleys accruing thereto according to the plot thereof on file and of record in the office of the Register of Deeds in and for Ramsey County. Section 2. That the following is a description of the line of the subject public sewer which shall be connected with the adjacent public sewer in the public alley immediately south of Walsh Park within said; City, to -wit: Beginning at a point that is in the platted alley south of Walsh Park, said point of beginning being an existing manhole located 149.11 feet west (as measured along the south line of said alley) of the monument marking the intersection of the east line of Lot 15, Block 14, West End with the south line of said alley; said existing manhole also being located 14.95 feet north of and at right angles to the south line of said alley; thence, in a southwesterly direction at a deflection angle to the left 130 54' from the centerline of said alley a distance of 188.0 feet to a point; thence, in a southerly direction at a deflection angle to the left of 540 15' a distance of 130.0 feet to a point; thence, in a southwesterly direction at a deflection angle of 690 02' to the right, a distance of 250.0 feet to the point of ending. Section 3. The Commissioner of Public Works is hereby authorized to issue a permit to L. J. McNulty, Inc., for the construction of said sewer, upon its compliance with the following conditions, viz: Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M 8-82 X22 Passed by the Council Approved: Mayor Tn Favor Against 2S�3�� 1. Ssid'permittee shall; construct said sewer entirely at its 'own 4, expense, under, the supervvieibn •:"an&';to,:the'satisfaction of_ the Commissioner of Public Works, and in,,aceordance with' the plans and specifications prepared by him, "• . +� - , 2." Said "perinitteQ,shall pay the cost of_engineering and inspection of- said work, and - for=th e, publication of this ordinance. $Said.permittee shallppr©perly )proteot'ail exeavation_s made in the • 3r - . streets or, alleys, both -day n iS night so as to avoid all' g njury to �1Q persons or, property; shall - properly.,fill• an&tamp said streets' to Kvoid,•settling and- shall resurface-, in' accordance with fhe plans'. and specifications of the Department-of Public Work6 ' _ any portions,-of streets or alleys that area disturbed , during the construction:of the sever: - Saida permittee, after-the inception of said-work,, shall - prosecute _same continuoiisly viith diligence, and fully complete said work"to the ,.satisfaction - and Ajpprovs•1 of said Commissioner on "or before October •'15, 1963: = 5, Said permitteer" expressly .egrees'snd.undertakis,to fully indemnify and hold harmless the-, City Saint Paul, its agents, officers and employees from any and all. damages, clgims,, losses, judgments,.suits, or expenses arising out of -or occasioned by the .performance of the work contemplated by this ; permission,and euthority. ^ 6.' Said permittee shall'furnish a 'bond- to,the City. of Saint Paul in the sum of- $109000 c8nditione d to comply. with all the terms of this ordinance -and to. indemnify - and ',save harmless -said City from -all iial�ility,'logs, judgments, - suits, costs,, charges, and expense that`may accrue to persons or property occasioned_by the making of the improvement or arising, out of same: •, 7. Said permittee shall not proceed to eonstruct'said sewer unless and;: until said permittes shall have fuller complied 'with the pr6vi,si,ons , regarding " insurance And indemnification contained in the:City -.of' Saint Paul Department 'of Public Works Specifications for Street and Sever Construction, dated April l'1<1959•r Section - 1.�ib, and' found -on pages- l-13 through; 1 -17 of said - Specifications, as amended i- applicable to­ contracUri,', < For the purposes of this ordinance) the' aforesaid section' -of said Specifications numbered 1.44 shall be read -as though the word. "permittee" were substituted for , the -word "contractor" wherever -the ; same appears my -the aforesaid,$ection 1.44. -Said Section 1.4.4 of-the Specifica- tions for Streei.and Sewer Congtruction'in the` City of Saint Paul 'as amended, is hereby incorporated'herein by- reference'as fully and as completely as if,set•; forth herein verbatim. .Proof 'of compliance.-with the prpvisi6ns of•the aforesaid Section 1'.44 gliall be in such° _form as ,the- Corporation Counsel- of this City of Saint Paul may ,direst', and the,}documents required by' the aforesaid Section 1.44 , shall, `after submission to'the- Corporation Counsel, ,be filed_ irk the office of *the Comptroller of the City, of Saint , Paul: • .Y- • • - • • ..411 ti• . r • ' f. .. 7 •�` � -^ -'. K` , •.. .Ca r - • Duplleate to Pr(gter PRESENTED BY ORDINANCE ������ COUNCIL FILE N� ORDINANCE NO.- 8. That said permittee shall, at its 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, a perpetual easement for the construction, maintenance and operation of said public sewer covering that certain strip of land 15 feet in width, described as follows: A permanent easement 15 ft, in width for the purpose of con- structing and maintaining a public sewer on, under, across and through a strip of land 15 feet in width, in Block 14, West End, the centerline of said easement being described as follows: Beginning at a point that is the intersection of the centerline of the alley south of Walsh Park with the line that is at right angles to the south line of said alley and 149.11 feet west of the east lot line of Lot 15, Block 14, West End; thence, in a southwesterly direction at a deflection angle to the left of 130 541 of said centerline, a distance of 188.0 feet; thence, in a southerly direction at a deflection angle of 540 15' to the left, a distance of 130.0 ft; thence, at a deflection angle of 690 02' to the right a distance of 260.0 feet to the point of ending. 9. That said permittee shall, within 30 days after the passage of this ordinance, file a written acceptance thereof with the City Clerk, Section 4. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 5. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Y St. Paul, Minnesota, August 5, 1963- 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 No. 213884 , being Ordinance No. 12522, adopted by the Council on July 30, 1963. - L. J. McNULTY, INC. By: a: ,- 'r'.a ' _• - f '' � • '� _ • - ' • - . - _t{, `.tom _ _' n _ r - _ h v. -- - •_- ' - -; - �••�'~ -X' � •�� ••-''•.. -_'.t".,. -- - `�y' - ' ,.' � } -'_ Ste' w{('�_ - - `.mac, - • • - - - ta• -'_ r -'•- _ -- . a -- - ` _ ,- •. - , y- , ' y � ' -�' •- - - _ . _ -h` J ��,'' J Y •_ - _ _tom _ -~` i' '1' = _ .? -_ , • - - r `J - - -- •, - �' -J. ~McNulty, _inc ..� _ �t�. . S - .. •J' • L �` • _ = y- .. • . ._ ` a , _- - ` + 2101 S. Concord-' - So. St:` Pauli Flinn: - - = ' [ _ .., _ en s We :enclose a co o£ Ord �' No: 22 + antin` py ! gr g:y , ` permission to bbaetruot a public ,� "'to_ s e- Lots 19' and .20, :Blbck - • 15. , Lots- 20. 21. 22; 23,' 24'. 25. =-26:, 8 of Block X14. V68t Ends _ ••- .also bill in the sum of $34.8 cover- cost' of publi_ cation of_ Abid; - ordinance., i - We cRll your iar attent � to'Paragraphs; 6 Viand, 9 `off' • ; };: - A - _ . Section _ 3.-xhic" require filing of� '-.bond. -iu the amount . specified -,-, _. � and the filing: off'_ a: bond the amou - sp®aified .and . -the filing, of ,an. = _ acceptance of the farina o is, o nce. Both trrttst be filed-' in this ,off, ce. City trlin;3Q days.' If not so'f1led --,:. _ the ordinance comes void. - - -: ery, truly your„ �i `,; _ ... V. City. Clerk '1 � '`` `."'•. �, - • - -•_ -• `ti �- - - ti's , .- a,a_' }'' - _ • - _ _ 9• .. .• � __ - ' [ . _ I- ; ,1. = . _•,r� a �, _~ .- -- -gip _•. _ - ' .. _ --- t, -- _ - ;rl -,. - -` - - - t - . . . -, _ _ - s •y `l •- •, T r n_ "�. `. T -- _ r��rs L •�, - .n ,. V- Y �t�, - . ..a .. - • - _ ._ - ,- - ` ORIGINAL �� CITY OF SAINT PAUL TO PAYOR_. OFFICE OF THE COMPTROLLER N4 1499 RECEIPT C/ 7 �3 RECEIVED OF loo FOR G -,2 CT - /3 pilc—l— �-� CITY COMPTROLLER Soo &n cs§gpa@ BY v r —)V—e 44— is+ 2n ,1 f I Laid over to 3rd and apps 7 Adopt Yeas Nays Yeas I Nays �alglish Valglish -,Nvolland Holland \Loss � Loss Mortinson �Ifvrtiasam V Peterson -,,eterson Rosen Rosen Mr. President Vavoulis `1� PUBLISHED / ��)" -