Loading...
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 : s i � x►ccLt xs:LtcL�rs�r;.•,= ,;�i;� 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: LO Q U Ld o L) CL Q a It U V1 M N Q 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 o 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