215885adgini i to City Cleric
PRESENTED BY
OR NAN'CE 215885
f COUNCIL FILE NO.
ORDINANCE NO.
Council File No. 215885 — Ordinance No.
12834 —By Milton Rosen -
" Ordinance Granting Permission
t• •iarac Construction Con Car-, a
AN ORDINANCE GRANTING PERMISSION °n #r`r, „� Ya7o�; '; ?`3,1 L,1,.
TO BARAC CONSTRUCTION COMPANY, A
MINNESOTA CORPORATION, TO CONSTRUCT
A PUBLIC SEWER IN A CERTAIN PERPETUAL
PUBLIC EASEMENT PROVIDED TO BE GRANTED
OR CAUSED TO BE GRANTED BY SAID
PERMITTEE M THE CITY OF SAINT PAUL,
SAID PUBLIC SEWER TO SERVE A TRACT pUBLISHLD
OF LAND DESCRIBED AS LOTS 17 2, 3,
4 AND 5, BLOCK 3, BRENNER'S ADDITION
NO. 2, 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 Barac Construction Company, a Minnesota corpcmtion,. to construct
a public sewer in and through a certain perpetual public easement
herein provided to be granted 'br caused to be granted by said permitt6o
to the City of Saint Paul as a condition precedent to the effect of
such grant of permission and authority hereunder, such pbb.lic sewer to
serve a tract of,land described as Lots 1, 2, 37 4 and 5, Block 3,
Brenner's Addition No. 2, and such public sewer to be constructed in
such perpetual public sewer easement in lands described as follows:
"A permanent easement 30.0 feet in width for the
purpose of constructing and maintaining a public
dewer on, under, across and through Block% 2 and •A
3, Brenner's Addition No. 2, a strip of land '
30.0 feet in width except for McAf-6e Stree t e
centerline of said easement being describe as
follows:
Beginning at a point 152.5 feet west of the
west line of Clarence Street and 453 feet
north of the north line of Maryland Avenue,
thence, west and parallel to the north line
of Maryland Avenue a distance of 259.5 feet
to a point; thence, southerly and parallel
to the west line of Clarence Street a di-s-
tance of 257.5 feet and there terminating—
The centerline_- _of__said _ piib.lic__ sewer being described_ as follows :._ • .
"Beginning at a.point 145 feet west of the west
line of Clarence Street and 448 feet north of
the north line of Maryland Avenue; thence, west
and parallel to the north line of Maryland
Avenue a distance of 262 feet to a point;-
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinsan
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1115 6-62 22 Form approved Corporation
Passed by the Council
Approved:
Mayor
Counsel By /Y ,'>>
%y�af
Tn Favor
Against
21 ,.5 85
thence, south and parallel to the west line of Clarence Street
a distance of 245 feet and there terminating."
Sec. 2. That the Commissioner of Public Works hereby is
authorized to issue a permit to Barac Construction Company for the con-
struction of such public sewer, upon and subject to the following pro
visions, terms and conditions:
1. That said permittee
at its own expense,
satisfaction of the
accordance with the
by him.
2. That said permittee
inspection of said
ordinance.
shall construct said sewer entirely
under the supervision and to the
Commissioner of Public Works, and in
plans and specifications prepared
shall pay the cost of engineering and
Arork, and for the publication of this
3. That said permittee 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 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 30, 1964.
5. That 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. That 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 thie ordinance and to indemnify
and save harmless said City from all liability, loss,
,judgmmt%, 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 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 Specificationsfor Street and
Sewer Construction, dated April 1, 1959, Section numbered
1.44 of said Specifications, as amended, applicable to
contractors. For the purposes of this ordinance, the
aforesaid section of said Specifications numbered 1.44,
as amended, shall be read as though the word "perinitteel'
were substitubed for the word "contractor" wh(e:rever
- 2 -
f�
Or[riwal to-City Clerk
ORDINANCE 215885
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
the same appears in the aforesaid Section 1.44, asamended, of
the Specifications for Street and Sewer Construction in the
City of Saint Paul 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, as amended, 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, as amended, shD.11
after submission to the Corporation Counsel, be filed in
the office of the Comptroller of the City of Saint Paul.
8. That the said permittee shall, within thirty days after
the passage of this ordinance, file a written acceptance thereof,
with the City Clerk,
9. 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 fo form and execution
by the Corporation,Counsel such perpetual public sewer
easement for the construction, maintenance and operation of such
public sewer in, through, and covering that strip of land
hereinafter described:
"A permanent easement 30.0 feet in width for the
purpose of constructing and maintaining a public /
sewer on, under, across and through Blocks 2 and 3,
Brenner's Addition No. 2,a stri o and 0.0 feet in
width except for McAfde Street the center ine of sai
easement being described as fo lows:
Beginning at a point 152.5 feet west of the west line
of Clarence Street and 453 feet north of the north line
of Maryland Avenue, thence, west and parallel to the
north line of Maryland Avenue n� distance of 259.5 feet
to a point; thence, southerly4parallel to the west line.
of Clarence Street a distance of 257.5 feet and there
terminating."
Sec. 3. This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public peace,
health, and safety.
Sec. 4. This ordinance shall take effect and be in force
from and after its passage, approval, and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinsan 0
Peterson
Rosen
Mr. President (Vavoulis)
City Clerk
IM 6-62 X22 Form approved Corporation Counsel By
JAN 3 1964
Passed by the Council
In Favor
Against
JAN 3 1964
Approved•
Mayor
Saint Paul, Minnesota
January 13, 1964
4
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen:
We, the unddraigned, do hereby accept and agree to abide by all the
terms and conditions of Council File No. 215885, being Ordinance No.
12634, adopted by the Council on Jb6nuary 3, 1964.
BARAC CONSTRUCTION COMPANY
BY
.1
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GE— QRGE M. SHEPARQi
+ STREET-AND HIGHWAY
ENGINEERING COORDINATOR
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DEPART
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j i ;,,l of Qinneso = 3 g'� ',- c y �c i TESTER ;
BLiC WORKS = _ / ERINTENDENT OF SANITATION
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LTO ROS,i gad .� F 9 a
T
X22
December 12, 1963
Donald L. Lais DEC 12 1963
Corporation Counsel
Room 316, City Hall CORPORRATIO i uUjN0pL
Re: Request for Ordinance
Barac Construction Company
Build Public Sewer
Dear Mr. Lais:
Attached is the original of a letter dated November 21, 1963 from
the Barac Construction Company, 1276 University Avenue, St. Paul 4,
Minnesota requesting to build public sewer privately. The sewer is•to
be built in public e-asement and is to be an extension of the sewer built
under Ordinance No. 12554.
The centerline of the sewer requested is as follows:
Beginning at a point 145 feet west of the west line of Clarence
Street and 448 feet north of the north line of Maryland Avenue;
thence, west and parallel to the north line of Maryland Avenue
a distance of 262 feet to a point;Lthence, south and parallel
to the west line of Clarence Street, a distance of 245 feet and
there: terminating
The description of the easement to be deeded is described as follows:
J
)A -permanent easement 30.0 feet in width for the purpose of constructing
fand maintaining a•public sewer on, under, across and through Blocks 2
and 3, Brenner Addition No. 2, a strip of land 30.0 feet in width
except for McAfee Street the centerline of said easement being
described as follows:
v
Beginning at a point 152.5 feet west of the west line of
Clarence Street and 453 feet north of the north line of Maryland
Avenue, thence, west and parallel to the north line of Maryland
Avenue a distance of 259.5 feet to a point; thence southerly and
parallel to the west line of Clarence Street a distance of 257.5
feet and there terminating.
The ordinance should provide a completion date for construction of
October 30, 1964.
JAD:jb
Attachment (1)
Yo s very truly,
Yo A. Des Lauriers
Sewer Engineer
a
BARAC CONSTRUCTION COMPANY GENERAL CONTRACTORS
1276 UNIVERSITY AVENUE ST. PAUL 4, MINNESOTA PHONE: 645 -0801
Honorable Milton Rosen
Commissioner of Public Works
Room 234
City Hall and Court House
Saint Paul 2, Minnesota
Dear Commissioner:
November 21, 1963
Re: Request for Ordinance for
building sewer
i
I hereby request on behalf of Barac Construction Company, 1276 University
Avenue, Saint Paul, Minnesota, that the Saint Paul City Council pass an
ordinance to permit my firm to construct a public sewer privately. Said
sewer is as follows:
Beginning at a point 145 feet west of the west line of
Clarence Street and 448 feet north of the north line of Maryland
Avenue, thence west and parallel to the north line of Maryland
Avenue a distance of 262 feet to a point, thence south and
parallel to the west line of Clarence Street, a distance of -
245 feet and there terminating
The sewer is to serve the following described real property:
�9 Lots 1, 29 3, 4 and 5. Block 3, Brenner Addition No. 2,
ISaint Paul, Minnesota
I agree to deed to the City the required easements.
I agree to fully reimburse the City for all costs that your department in-
curs for engineering and construction inspection.
I also agree to pay the publication costs for the ordinance.
I further intend to comply with all the requirements of the ordinance and
understand that I must file with the City Clerk a written acceptance of the
terms of the ordinance within the time specified.
ROB:gh
Very truly yours ,
Aa4't 0.
Herbert 0. Beatty
Construction Engineer
MOTION FOR AMENDMENT TO PENDING
ORDINANCE, COUNCIL FILE NO. 215885
I move that said pending Ordinance, Council
File No. 215$85, be amended as to form, in the following
particulars, to -wit: That in each instance where the
same refers to "McAfee Street" the reference shall be
amended to read: "McAfee Street now or hereafter vacated."
z
VII
G
itil �
s
MOTION FOR AMENDMENT TO PENDING
ORDINANCE, COUNCIL FILE NO. 215885
I move that said pending Ordinance, Council
File No. 215$85, be amended as to form, in the following
particulars, to -wit: That in each instance where the
same refers to "McAfee Street" the reference shall be
amended to read: "McAfee Street now or hereafter vacated."
z
VII
G
itil �
December 26.'1063'
Donald L. We-
_Corporation Counsel
Room 316, City Hall 1
k
Y �Ra:` Drennar AdciLion - Block 3 -
OH1nane4 to build public sewer .
Dear Mr. Leas
_
Refdicence is mades. to ey lettear,ot ' December 12, 1963
transmitting a request £rota the Barac-'Consteuction 'Company to
build publie-sewer_ under ordinance. - your office
,$ubsaquently
prepared the otdihancie and I understand that the matter is
now before the City Council the required readings. In
-fhr
my December' 12th letter I dese:ribed the pertnanetftt easement-
required by the City for w4i>Rtaining the teubject• sewer in
_
the future. The easement tefers to McAfee Street and excludes
_
McAfee Street.from the 34 foot wide strip easement.
3. understand that th6 Council has since�regeiesting this
ordinance- vacated.McAfee Street. Thin being the case I
• believe that the description of the easement should be'
changed'to read from "..:'except -for McAfee Street..." to ,$
Including McAfee Street vacated..."
. Please correct the wording Qf "the easement detcription '
In-the pending ordinance to Correct this matter.
` Yours very truly,
- -John A. Des Lauriers
Sewer Engineer
JAD /jb
y
cc: Eugene V� Avery -
�
Y City Clerk
-
Jhnuary 13s 1964
Barac Construction Co
1276 Univeratty Ave.
St.. Paul 4vMinnes0ta
Gentlemen:
We enclose a copy of Ordinance No. 12634, you permiss to construct
a public sewer in a certain perpetual pub eas t provided to be granted
or caused to be granted by you to the C o Sain Paul] said public sewer to
serve a tract of land described as Lot s, 2s, 3s, 5s, Block 3s, Brenner's
Addition No. 2; also bill in the sum of .50 cover the cost of publication
of this ordinanceo r
we call your special attentio 8 of 'Section 2, which require
the filing of a bond in the t spec d filing of an acceptance of
the tens of this otdi ance.` th must filed in this offices, Room 386 City Ball,
within 30 days. If not so f s, the ce becomes voide We also call your
special attention to pars gra which r es you to grant or cause to be granted
unto said City of Sa ins, uiff t warranty deeds, such perpetual public
sewer easement for tract tenance and operation of such public
sewer Inv thro covering the strip of land described in that paragraph.
Very truly yes,
City Clerk
BARAC CONSTRUCTION COMPANY GENERAL CONTRACTORS
1276 UNIVERSITY AVENUE a ST. PAUL 4, MINNESOTA a PHONE: 645 -0801
July 14, 1964
City Clerk
City of Saint Paul
Saint Paul, Minnesota
Attention: Mr. A. Olson
Gentlemen:
This is to advise that Barac Construction Company does not
plan to proceed with the work authorized under Ordinance
No. 12634.
Very truly yours,
Alexander M. Barac
President
AMB:gh
All
Ist T
2n
Laid over to �1 ?�
3rd and app A d'opte J
Ye Nays "Yeas Nays
�alglish Dalglish
�-'– w'a'nd— Holland
�Loss Loss -
1lortinson Mortinson
eterson Peterson
Rosen— Rosen
Mr. P esident V Mr. President Vavoulis
4
1 8
21-588, I