2153031
ORIGINAL TO CITY CLERK I I � 215303
CITY OF ST. PAUL PUBLISMD -� cit�L
OFFI E OF THE CITY CLERK FIB. NO. _
i .Bell "1 No. 111303 By Tames J.
CO NCI S U O GENERAL FORM a, pursuant to the report and
Ummendation of the Valuation En-
PRESENTED BY vr: that all controversies between
COMMISSIONER t., ?,ty of Saint Paul and the Ap-
L !a the a'atter of the Appeal t(
• v3` '•7" � 3 tt-4i Kenneth �yi. `yam
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4tl ,3n,.a ^h Lis,_ vIOIS,
SOLVED, pursuant to the report and recommendation of
the Valuation Engineer, that all controversies between the
City of Saint Paul and the Appellants in the Matter of the
Appeal to the District Court by Kenneth Victorson and Merle Ann
Victorson, contract for deed vendees and occupants of the subject
real estate,from the award of damages made, ratified and confirmed
by the Council's prior Resolution, Council File No. 195065, approved
December 17, 1959, in the amount of $350.00, for said City's con-
demnation and taking of the following described easements:
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An easement in the land necessary for slopes, cuts
and fills in the grading of Cottage Avenue in the
following: South 36.93 feet of Lot 2, and north
x'12 feet of Lot 3, Block 1, Stone and Morton's 2nd
Addition to the City of Saint Paul, Ramsey Co.,
Minnesota, said easement being in the land along
the north line of the tract described and being
immediately adjacent to the south line of Cottage
Avenue, to be of variable width but not to exceed
a maximum width of 12 feet, including right of
removal'of'lateral support from subject land or
remainder thereof occasioned by excavations thereof
or construction of slopes,
be fully and forever compromised and settled and said Appeal dis-
missed, with prejudice, according to the following provisions, terms
and conditions:
(a) That said Award of Damages -be increased so that the same
shall -be in the amount of $1425.00.
(b) That said Award of Damages as so increased shall become
and be payable to the persons shown to be entitled to the payment
of the same, as certified by the Corporation Counsel.
(c) That said Appellants and the record fee owner of the
subject real property shall forthwith make and deliver their
effective warranty deed, approved as to form and execution by
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Dalglish
Holland Approved 19—
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
101\1 0-82
Tn Favor
Against
Mayor
-2-
215303
said Corporation Counsel, conveying unto said City said condemned
easements, and therewith deliver to said City a partial release
of mortgage, approved as to form and execution by said Corporation
Counsel, effectively releasing said easements from the lien of any
subsisting mortgage of record against said real property.
(d) That it is specifically understood by the Council of
the City of Saint Paul, by Appellants, and by the record fee
owner of the subject real property that in no event, notwithstanding
the description of said easements heretofore in this Resolution set
forth, shall the'portions of Appellants) real estate taken under the
aforesaid a)ndemnation and pursuant to the aforesaid easements include
real estate within a distance of three feet from the dwelling of
R, Appellants.
(e) That upon recommendation of the Valuation Engineer that
the slopes referred to in said easements have been constructed to
the satisfaction of the City, it is 'hereby specifically set forth
that Appellants need`not construot.a retaining wall for the purposes
of supporting the'remainder of their real estate not included within
said easements, save and except that permission is herewith granted
to Appellants to construct such a retaining wall, at their own
expense; and at such time as they feel said wall to be necessary,
in which event of construction of the aforesaid retaining wall and
prior thereto, Appellants shall file a surety bond from-a corporate
surety, with Appellants as principal, in the penal sum of t2000.00
conditioned to protect, indemnify and otherwise hold harmless the
City, of Saint Paul from any and all liability arising-out of the
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cnit�ctiaonwe -,'the aforesaid retaining wall.
(f) That Appellants shall file forthwith, in a form to be
approved by the Corporation Counsel, said filing to be in -the
Office of the Comptroller of the City of Saint Paul, an acceptance
of the terms and conditions in this'Resolution set forth, and
upon said filing of said acceptance, coupled with a Dismissal of
the Appeal -to the District Court by said Appellants, a copy of
which Dismissal shall'be filed with the Comptroller of the City
of Saint Paul, the appropriate City officials are hereby authorized
to issue a warrant or warrants to Kenneth Victorson and Merle Ann
Victorson, as husband and wife, and James Investment Company, in
the amount of 0425.00, with the proviso that said Comptroller of
the City of Saint Paul shall be informed in writing from the
Corporation Counsel as to the condition of title, mortgages and prior
lien holders before issuing the aforesaid warrant or warrants.
215303
ORIGINAL TO CITY CLERK
• _ = CITY OF ST. PAUL FILE NO. NO. _
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION - GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
-3-
(g) That in the certain public improvement entitled:
"In the Matter of Grading Jessie St. from Brain$terd Ave. to Cottage
Ave.; Bradley St. from Ivy Ave. to Cottage Ave.; Ivy Ave. from
Jessie St. to Burr St.; Cottage Ave. from Edgerton St. to Burr
St.," under Preliminary Order 192608, approved June 3, 1959,
Intermediary Order 193899, approved September 8, 1959, Final
Order 19+228, approved October 6, 1959, and which does or shall
involve the grading of said sections of public street, the
estimated special benefits resultant to the subject real property
therefrom and the local improvement assessment to be levied therefor
by said City, in each instance, represent the amount of $425.00, and
as part and parcel hereof said Appellants, for themselves and their
successors and assigns shall be deemed to waive and relinquish any
objection which they might otherwise interpose in the District Court
to judgment confirming such assessment against said real property.
COUNCILMEN
Yeas Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
loot 6-62
I
UCT 31 la
Adopted by the Council 19—
KI 31 1963
pproved 19—
►r
Mayor