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212495rtI W ORIGINAL TO CITY CLERK 212495 � ` S � CITY OF ST. PA-PLISHED COUNCIL OFFICE OF THE CITY CLERK FILE NO 'Ile, No. 212495 —By Fran +� COUN RE LOTION— GENERAL FORM lt _ -d, That pursuant to the PRESENTED BY ��� J ' therefor by the fee over COMMISSI'v NE DATE „ect two separate pa7;r `e earh developer* �_ �4 --- aa' F RESOLVED, that pursuant to the application there- for by the fee owner of the subject two separate parcels of real estate each developed for multiple housing purposes and incorporating a multiple unit apartment building, lying within the corporate limits-of-the- City -of, Saint Paul and-,--- respectively, described as follows: 80 WestLarpenteur Avenue The East one -half of Lot 1 subject to Larpenteur Avenue and the East one -half of the North 91.75 feet of Lot 2, Block 1, Edwin M. Ware's Cumberland Addition, Plat 1, together with an- easement over, under across and upon the South 24 feet of the North' 65 feet of the West one -half of said Lot 2, for•any and all roadway utility and drainage purposes and also subject to burdens and together with the benefits _of the sewer easement granted to the City of St. Paul in file #1569073 in said office of the Regis- ter of -Deeds; 400 West Larpenteur Avenue The West-one-half of Lot 1, subject to Larpenteur Avenue, and the West one -half of the North 91.75 feet of Lot 2, Block 1, Edwin M. Ware's Addition,. Plat 1, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, subject to an easement over, under, across and upon the South 24 feet of the North 65 feet of the West one -half of said Lot 2 for any and all roadway utility and drain- age purposes in favor of the East one -half of ' said Lot 1 subject to Larpenteur Avenue, and the East one -half of the North 91.75 feet of said Lot 2, and also subject to burdens and together with sewer easement; t J COUNCILMEN Adopted by the Council 19 1 Yeas Nays Dalglish Holland Loss in Favor Mortinson Peterson' Rosen A gainst < Mr. President, Vavoulis 10M 8-82 212495 2 permission and authority hereby are granted to said fee f owner, Michael J. McDonough, doing business as McDonough Construction Company, and his successors and assigns, in respect of said real estate, subject to compliance with the following provisions, terms and conditions of this Resolution, to construct, maintain and operate, a private swimming pool in conjunction with said apartment buildings, on said premises and within the lines of that certain public sewer easement thereby provided to be granted, and accordingly granted, unto said City of Saint Paul, pursuant to that cer- tain Ordinance of said City No. 12243, bearing Council File No. 208142, approved August 1, 1962, described as follows: "A permanent easement 30 feet in width for the purpose of constructing and maintLi.ning a public sewer on, under, and across and through a strip of land 30 feet in width, the center line of which easement is described as follows: be- ginning at a point 100.0 feet South of the center line of West Larpenteur Avenue that is 133.60 feet East of the East line at Cumberland Street southerly a distance of-40.8.92 feet, along a line that is 133.60 feet east of and parallel to the East line at Cumberland Street, terminating on the North line of Lot 5, Block 1, Edwin M. Ware's CumberlandyAddition Plat 1;" provided, nevertheless, that said permission and authority hereby are granted, subject to compliance by said permittee or his successors and assigns in respect of said real estate with the following provisions, terms and conditions: 1. That said proposed private swimming pool shall be constructed, installed, maintained and operated in con- formity to all applicable municipal ordinances, state statutes and rules and regulations of public authority, entirely at the cost and expense of said permittee or his successors and assigns under the supervision and subject to the inspection of the Commissioner of Public Works and the Commissioner of Parks and Recreation and Public Buildings of said City of Saint Paul. 2. That said permittee, its successors or assigns shall furnish unto said Commissioners, plans and specifications for said private swimming pool, subject to said Commissioners' approval and prepared by a competent registered architect or engineer retained, in the premises, by and at the expense of said permittee, his successors or assigns. 2.2495 01 3. That said permittee, his successors or assigns shall be obligated therefor and shall reimburse said City on account of engineering and supervision ex- pense incurred by said City in its inspection and super- vision of the construction and installation of said private swimming pool hereunder. 4. That said private swimming pool shall be con- structed and installed in accordance with said approved plans and specifications therefor and under the supervision and to the satisfaction of said Commissioners. 5. That said permittee, his successors and as- signs shall be obligated to fully indemnify and hold harm- less said City of Saint Paul from and against all claims for damages on account of any and all injuries to person or property arising therefrom or connected with the con- struction, installation, maintenance or operation of said private swimming pool on said premises hereunder. 6. That said permittee, his successors and as- signs shall be liable to fully hold harmless and indemnify said City against all such claims and to further fully in- demnify and hold harmless said City against any and all losses which it shall sustain by reason of any injury or injuries occasioned to any public sewer now or hereafter maintained by said City within said public sewer easement resultant from the construction, installation, maintenance or operation of said private swimming pool by said permittee, his successors or assigns hereunder. 7. That said private swimming pool shall be oval in shape, 42 feet in length and varying in width from 16 to 24 feet, and shall be installed and maintained at a minimum height of 42 feet measured from the bottom of the same to the top of the public sewer presently maintained and operated within said public sewer easement. 8. Said permittee shall furnish a bond to the City of SaInt Paul in the sum of $10,000, conditioned to comply iTith all the terms of this resolution and to indemnify and save harmless said City from all liability, loss, judgments, suits, costs, charges, and expenses that may accrue to persons or property occasioned by the making of the said improvements or any of the same, or arising out of the same or any of the same. Said permittee shall be obligated to accordingly fully indemnify and hold said City harmless without limitation as to amount. 212495 4 9. Said permittee shall not proceed to construct or install said private swimming pool within the lines of said public sewer easement unless and until said permittee has 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, as amended, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifica- tions applicable to contractors. For the purposes of this resolution, the aforesaid section of said Specifications numbered 1.44, as amended, 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 Specifications Street and Sewer Construction 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 provisions of the aforesaid Section 1.44, as amended, shall be in such form as the Corporation Counsel of the City of Saint Paul may di- rect, 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. 10. That said permittee, hj:3—successors or -ate assigns shall accept this Resolution and agree to abide by all the provisions, terms and conditions of the same, by written instrument filed with the City Clerk not later than thirty (30) days next after the effective date of this Resolution and furnish and deliver said surety bond and said insurance policy therewith and within the same period of time. 11. That said permission and authority and any permit hereunder for the construction, installation, main- tenance or operation of said private swimming pool shall be further subject to the condition that the same shall bevrevocable by resolution of the Council of said City when said Council shall determine that the continuance of the same and the main- tenance of said private swimming pool on the subject premises shall be detrimental to the public peace, health, safety or general welfare and thereupon said permittee, his successors or assigns shall be obligated therefor and will be required, at the sole cost and expense of said permittee, his successors or assigns to fully remove said private swimming pool therefrom ,, 0 6,. 3,963 _ Mro M* Jo WDGU�Ugh .1400 W. Hoyt AVe . Q p • We encl ie two copies •af - Council File Ho. awting :yo+i rausiou . ?• to (anstrwt, mintsin and, operate ai i:e'' s pool _in. conjunction -= :� with apartment �W11dingo' an the dsacri . in the �'e�soluti�►,, etc ; also bill its the aura as to ._ the c publicatiao dt this reso• = s : lutione - • - We call your special attention to Paragrg of the resolution .Which - � requirea the filing of a bcrad uut LAedt and to Paragraph 9 - with reference to insurance uir We call yourpectsl attention to mph 2.0- wbich'req the f of an suet m4e- of the terps and _ conditimp of the resolut All , af foregoing documents neat be filed In this officer 386, H1611)'ww•i thirty &4w. rick$ eater the effective date of thls *_If t -so fiXedj die resolut;Ux becomes voids V Ve trul,�/ ry , , City Clerk- ORIGINAL TO CITY CLERK PRESENTEM BY COMMISSION CITY OF ST.. PAUL OFFICE OF THE CITY CLERK COU IL RESOLUTION - GENERAL FORM i nATr N 212495 FILE NO. NO. - I and to restore the subject premises to the same condition - that shall appertain to the same immediately prior to the installation of such private swimming pool therein hereunder. 12. That the permission and authority hereby provided to be granted to said permittee, his successors and assigns, and any permit issued pursuant to this Resolu- tion for the construction, maintenance and operation of such private swimming pool within said public sewer ease- ment area shall be subordinate to the paramount right hereby reserved to said City of Saint Paul to enter upon said public sewer easement area at any and all times for the purpose of the construction, reconstruction, maintenance and repair of any public sewer of said City therein without any liability on the part of said City to said permittee, his successors or assigns, on account of any injury thereby occasioned to said private swimming pool or its appurtenances. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10M 6-62 Tn Favor V Against MAY 11963 Adopted by the Council 19— MAY i incm� r 1 DESCRIPTIONi 380 West Larpenteur Avenue , The East one -half of Lot -1 subject to Larpenteur Avenue and the Bast one -half of the North 91.75 feet of Lot 2, Block D. Edwin M. Ware's Cumberland Addition, Plat 1, together with an, easement over, under across and upon the South 24 feet of the North 65 feet of the West'one -half of said Lot 2, for any and all road way utility and drainage purposed and also subject to burdens•and together with the benefits of the sewer easement granted to the city of St. Paul in file #1569073 in said office of the Register of Deeds , DESMIPTIM 400 West Larpenteur Avenue t, The West one -half of Lot 1, subject to Larpenteur Avenue, and the West one -half of the North , 91.75 feet of Lot 2, Block 19 Edwin M. Ware's Addition, Plat 1, according to the plat thereof on file and of record in the office of the Re#ister of Deeds in and for'Remsey County Minnesota subject to an easement over under accross and upon the South 24 feet of the North 65 feet of the West one -half of said Lot 2 for any and all roadway utility and drainage purp'oses.in favor of the East one -half of said Lot 1 subject to Larpenteur Avenue, and the East one -half of the North 91:75 feet'of said Lot 4, and also subject to burdens and together withroewer easement"