207702Original to City Clerk
OR D I N22Ei —By Milton7Ro enrdinance No.
? d2n• Ordinance grating permission to
Benida Company to construct a LE
sewer in a certain perpetual �
easement provided herein to h�
Jl d by said permittee to the C;;
PRESENTED BY !� ,&z nt Paul, said sowdr Tto+ser•,r;�CE
if ' .rd describe- is
rX10
d
AN ORDINANCE GRANTING PERMISSION TO THE BENIDA
COMPANY TO CONSTRUCT A PUBLIC SEWER IN A CERTAIN
PERPETUAL PUBLIC EASEMENT PROVIDED HEREIN TO BE
GRANTED BY SAID PERMITTEE TO THE CITY OF SAINT
PAUL, SAID SEWER TO SERVE A TRACT OF LAND DE-
SCRIBED AS LOTS 1 AND 2, BLOCK 1, WARE'S EASTERN
HEIGHTS ACRES, RAMSEY COUNTY, AND SAID SEWER TO BE
CONSTRUCTED IN A PERPETUAL EASEMENT IN A TRACT OF
LAND DESCRIBED AS FOLLOWS:
A 20 ft. wide strip of land, the center line
of which easement is described as follows:
Beginning at a point on the south line of
Minnehaha Avenue that is 232.0 feet west of
the west line of McKnight Road; thence, south-
erly, a -,distance of 135 feet along a line that
is parallel to the west line of McKnight Road;
thence, easterly, from a point on the previously
described line that is 125 feet south of
Minnehaha Avenue, a distance of 150 feet along
a line that is 125 feet southerly of and parallel
to the south line of Minnehaha Avenue.
THIS IS AN EMERGENCY ORDINAL RETVERED NECESSARY FOR
THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND
SAFETY.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
207702
NO.
NO.
Section 1. That-permission and authority are hereby
granted to the Benida Company to construct a public sewer
in, on, under, across and through a certain perpetual pub-
lic easement herein provided to be granted by said permittee,
,to the City of Saint Paul as a condition of said permission,
said sewer to serve a tract of land described as Lots 1 and
2, Block 1, Ware's Eastern Heights Acres, Ramsey County, and
said sewer to be constructed in a perpetual easement in lands
described as follows:
Yeas Councilmen
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Attest:
A 20 ft. wide strip of land, the center line
of which easement is described as follows:
Beginning at a point on the south line of
Minnehaha Avenue that is 232.0 feet west of the
west line of McKnight Road; thence, southerly,
a distance of 135 feet along a line that is
parallel to the west line of McKnight Road;
thence, easterly, from a point on the
previously described line that is 125 feet
south of Minnehaha Avenue, a distance of
150 feet along a line that is 125 feet southerly of
and parallel to the south line of Minnehaha Avenue.
Mr. President (Vavoulis)
City Clerk
11116 -60 OM,8
Nays
Passed by the Council
Approved:
Tn Favor
Against
Mayor
407702
Section 2. That the Commissioner of Public Works
hereby is authorized to issue a permit to said Benida
Company, for the construction of said public sewer, upon
and subject to the following provisions, terms, and con -
ditions:
1. That said permittee shall construct said
sewer entirely at its own expense, under the supervision and
to the satisfaction of the Commissioner of Public Works, and
in accordance with the plans and specifications prepared by
him.
. 2. That said permittee shall pay the cost of
engineering and inspection of said work, and•for the publi-
cation of this ordinance.
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 August 1, 1963.
5. That said permittee expressly agrees and under-
takes 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 ex-
penses 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 $102000 conditioned to
comply with all the terms of this ordinance and to indemnify
and save harmless said City from all liability, loss, judg-
ments, suits, costs, charges, and expense that may accrue
to persons or property occasioned by the making of the im-
provement or arising out of 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 Specifications for Street and
Sewer Construction dated April 1, 1959, Section numbered
1.44 of said Specifications, as amended, applicable to con-
tractors. For the purposes of this ordinance, the aforesaid
section of said Specifications numbered 1.44, as amended,
shall be read as though the word "permittee" were substi-
tuted for the word "contractor" wherever the same appears in
the aforesaid Section 1.44, as amended. Said Section 1.44,
Original to City Clerk
ORDINANCE
207702
COUNCIL FILE NO. '
PRESENTED BY ORDINANCE NO.
- 3 -
as amended, of the Specifications for Street and Sewer
Construction in the City of Saint Paul is hereby incorporated
herein by reference as fully and as completQ( 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, shall, 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 ten
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 to
form and execution by the Corporation Counsel, a perpetual
easement for the construction, maintenance and operation of
said public sewer covering that certain strip of land
described as follows:
_T
A 20 ft. wide strip of land, the center line
of which easement is described as follows:
Beginning at a point on the south line of
Minnehaha Avenue that is 232.0 feet west of
the west line of McKnight Road; thence, southerly,
a distance of 135 feet along a line that is
parallel to the west line of McKnight Road; thence,
easterly, from a point on the previously described
line that is 125 feet south of Minnehaha Avenue,
a distance of 150 feet along a line that is 125
feet southerly of aniparallel to the south line
of Minnehaha Avenue.
Section 3. This ordinance is hereby declared to
be an emergency ordinance rendered necessary for the preservation
of the public peace, health, and safety.
Section 4. This ordinance shall take effect and be
in force from and after its passage, approval, and publication.
Yeas Councilmen , Nays
Holl
Loss
Mortinson
Peterson (/
Rosen
Mr. President (Vavoulis)
r
Attest
i
City Clerk
1M 5 -00 8
J U L 5 1962
Passed by the Council
21 Tn Favor
Approved::
Against
.nu 5 1962
OR19INAL
TO PAYOR
RECEIVED OF
no G-u�
CITY OR SAINT PAUL
OFFICE OF THE COMPTROLLER
RECEIPT N4 -1376
100
CITY COMPTROLLE
BY
Duplicate to Printer
Daplieate to Printer
PRESENTED BY-
ORDINA
CE 207702
COUNCIL FILE NO.
ORDINANCE NO. Mq�" `Z4
U 1
AN ORDINANCE MANTING PERMISSION Tn THE BEHIDA
COMPANY TO CONSIWCT A PUBLIC SERER IN A CERTAIN
PERPETUAL PUBLIC EASEMENT PROVIDED HERRIN TO BE
MAMD BY SAID PERMITTEE TO THE CITY OF SAINT
PAtL, SAID SEW9R TO SERVE A TRACT OF LAND DEw
SCRIBED AS LOTS 1 AND 2, R=K 19 %ARE2,8 EASTERN
HEIGHTS ACRES, RAMSEY COUNTY, AND SAID SEWER TO iM
CONSTRUCTED IN A PERPSMAtr BASE AM IN A TRACT OF
LA1iD DESCRIBED AS FOLLOWS$
A 20 ft. vide strip of land, the center line
Of which eaaemont is described as i!!;j lowss
Beginning at a point on the ss000 line of
Mirmehaha Avenue that is 24�4efest west of
the west line of McKnight Road; thence, south -
erly, a distance of 1$5 feet along a line that
is parallel to the west line of MOKnight Road;
thence, easterly, from a point on the previously
described line that is 125 feet south of
Minnehaha Av*rA*, a distance of 150 feet along
A line that is 125 feet southerly of and parallel
to the south line of atinnehaha Avenue#
THIS IS AN EMEti6ENCY ORDINANCE RENDERED NECESSARX FOR
THE PRESERVATION OF TM PUBLIC pEACB
SAFETY.. , FEALTH AND
THE COUXIL OF THE CITY OF SAIltT' PAUL DOES ORDAINS
Section 10 That Passion and authority are hereby
to_the fenida Company to consfrUct a public Viewer
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Laid over to
3rd and app L d'opte
Yeas Nays b �' I Yeas Nays
Dalglish Dalglish
Holland Holland
Loss � Loss
Mortinson Mortinson
Peterson Peterson
Rosen Rosen
Mr. President Vavonlis w /
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