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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 ;F a l j. .1 ;F a l GE— QRGE M. SHEPARQi + STREET-AND HIGHWAY ENGINEERING COORDINATOR n o , n } GITY t DEPART �a ti A-, = R p FE g NE V. AVERY 0a S A_I N T PU L� �• Fr I�i �" II -•' I E■ 1 A -�C 1 ENGINEER) j i ;,,l of Qinneso = 3 g'� ',- c y �c i TESTER ; BLiC WORKS = _ / ERINTENDENT OF SANITATION nCl1t -Ot c O�IT I'1 Seii(�,2 ■ i ' ' r i G.1I ti �- 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