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205915w Oririnal to City Clerk PRESENTED BY Yeas Attest: Council File No. 205915— Ordinance No. 12160 -13S, Milton Rosen — R D I An Ordinance Authorizing the 11, LUance of a Permit to the Dayton Co, - N ' any a Minnesota Corporation,✓✓ truct and M a i n t a i n. fit,!• !+c L Wjthin a Specified E NO. le ORDINANCE NO. AN ORDINANCE AUTHORIZING THE; ISSUANCE OF A PERMIT TQ THE DAYTON CQMPANY,. A MINNESOTA CORPQRATIQN, TO ' 00,NSTRUCT AND yAIN'TAIN VEHICULAR RAMPS. WITHIN A SPECIFIED AREA IN THE NORTH SIDE OF EAST SIXTH STREET BETWEEN WABASHA STREET AND CEDAR STREET, WITHIN THE CORPORATE LIMITS OF THE CITY OF SAINT PAUL, RAMSEY COUNTY,. MINNESO'T'A. THIS IS AN EMER-- GENCY 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 the Commissioner of Public Works is authorized to issue a permit to The Dayton Company, a Minnesota corpora- tion, to construct and maintain 'Vehicular Ramps connected with and appurtenant to the public parXing'garage section of the said permitteels.now proposed new Business Building to be constructed on Block 6, City of .St. Paul, Capital of Minnesota, commonly designated St. Paul Proper, upon and over-the follow- ing described northerly,section of East Sixth Street between _ the intersections therewith of Wabasha Street and Cedar Street, within the-corporate limitjs of the City of St. Paul, County of Ramsey. and ,State of Minnesota,-,to-wit: That part of East= }Sixth Street, St. Paul Proper, City of St. Paul, Minnesota, described as follows: Beginning - ..at -_a point in the Southeasterly line of Block 6, said St.-Paul Proper, 12.23 feet Northeasterly from the most Southerly•corner of said Block 6, thence running North- easterly along said Southeasterly line 203.09 feet, thence deflecting to the right 90 degrees and running in a Southeasterly direction 9.85 feet, thence deflect- ing 90 degrees to the right and running in a4.Southwesterly direction parallel with the Southeasterly line of said Block 6, 202,94 feet, thence deflecting 89 degrees 5 minutes 31 seconds to the right and running Northwesterly 9.85 feet more or less to the point of beginning. subject thereto and at tenance and use of the hereinabove described Street, by said City, Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 1M 11-61 +22 I all times consistent with the main - following described portions of said 94� northerly,section _ of said East Sixth to a height of 8 feet measured to an Passed by the Council Approved: Mayor Tn Favor Against '+, , - , - . + t �i ... . _ : - i i. � � .z 'iii. +'.• _ , 2• r elevation above the , surface of the same,' for, public side- walk purposes, except for column and foundation installa- -tions necessary for support of'said Ramps to be made and maintained by.said- permittee, to -wit: -That part of East ,Sixth Street, ,St. Paul Proper, City of St. Paul,- Minnesota described,as follows: Beginning,at a -point in the. Southeasterly line of Block`6, said St. Paul Proper, 12.23 feet North ' easterly from the most .Southerly corner of said Block 6, thence,running Northeasterly along the = Southeasterly ,line of Block .6, 20.82 feet, thence defle6ting_152 degrees to the right and running in a.Southwesterly direction.20.98 feet, thence deflecting 28 degrees to the right and. running Southwesterly parallel with the'Southeasterly line of said Block 6; 2.14 feet, thence deflecting 89 degrees 5 minutes 31 seconds to the right and run- ning in a Northwesterly•direction 9.85 fe.et'more or less to the point'of ,beginning,•and That part of East Sixth Street; St.- Paul'Proper; City of St. Paul, Minnesota described as follows: Beginning at a point in.the Southeasterly line of Block 6, said St. Paul Proper, -200.26 feet North- easterly 'from the most Southerly corner of said Block 6, thence running Northeasterly along the Southeasterly- line of Block 6,`15.Q6 feet, thence' deflecting 90 degrees to the right and.running in a Southeasterly direction 9.85 feet, thence deflect -' 1-•90 degree's to the right and - running• Southwesterly ,,'parallel with the Southeasterly line:of said Block 6, :•:�i . 8.x_2, feet, thence deflecting 56 degrees to the right µ and running "in -a Westerly -direction 11.88 feet more or less to the point of beginning. ' `'•?• all according to the plans and,specifications for said pro -- ";7yz-; posed Vehicular Ramps and'Business Building, conformable here- wi.th''and to the applicable provisions of the Building ;.Code, as contained in the City of Saint Paul Legislative Code to be prepared by a competent architect employed and, retained there- for by and at the expense of said permittee, submitted by the ,- latter to the City Architect and approved by said City Architect prior to the commencement of any of the subject construction work - hereby authorized,' a_copy of which plans and specifications'. bearing--said City Architect's approval shall be filed herewith in the office of the City_Clerk not later than 90 days next succeeding the effective date_ of` this ordinance. That said__�� ' =-- permit 'shah be and the same hereby is made `dub ject to 'all foregoing,and hereinafter set forth provisions and conditions ,- 1. That said permittee shall forthwith furnish and deliver to the City of Saint Paul'a surety bond in the penal • �,_ .`� •_ ` `• '• •' I - fn� sum -'of .10, 000, made and executed by'said permittee as . principal and a corporate surety company duly,authorized to transact - business in the State of,Minnesota, as surety,.. to and in favor o -f the City of Saint Paul, as obligee; conditioned that,said.permittee shall indemnify and hold harmlessasaid City of Saint Paul -against all- expense and • �.r: liability- on ,account of all claims; suits and, judgments arising out of -or .connected with the .construction, erection, maintenance and/or operation by said permittee and or its successor in interest of the aforementioned Vehicular Ramps, which surety bond shall be in such form as shall be approved by the- Corporation Counsel and shall have such surety as shall be approved by the Commissioner. of Finance. 2.- That said permittee shall, at its own cost' and expense, and'in accordance with all applicable ordinances of the City of SaintiPaul, Statutes of the State of Minnesota, and regulations of public authority having cognitance, con- struct, erect, maintain and operate'said Vehicular Ramps hereunder.- 3. That said _permittee, at' its- own cost and expense,, as aforesaid,•shall construct and.er.ect said Vehicular Ramps under the supervision and subject to. the`inspection and approval' of -the Chief.- Engineer and the City Architect, of the City of', Saint Paul, and fully reimburse'said City upon receipt of proper invoices therefor, on account of all costs and expenses 1 - necessarily incurred for inspection and engineering services•- - -,� by s-aicl_City, in the premise-s-, _- 4.- That'- said - permittee_- shall, - prior__to_ -ahe commence - - ment of the construation and erection of said• Vehicular Ramps he reunder,';'at,said permittee's'own cost and expense "and by a competent Registered Architect or Engineer cause to be pre- pared and submitted to said Chief Engineer and.said.City Architect of the City of Saint'- Paul, two ,,complete •sets of- proper detailed plans and .'specificati -ons, for said` structure`s and said•.new Business Building, which shall, be subject to the approval of said Chief Engineer and.said <City Architect. , 5.' That said permittee`; and its successors a �. assigns; shall fully .indemnify the City4 of`Saint Paul , against, all liability, on .account of all claims,-. causes"•o ac ion, 'suits And judgments on account of injury to person and /or property ,arising from or connected with the construction, erection, maintenance, operation; and /or removal of .•said Vehicular Ramps. :. hereunder; and that supplemental to,all other obligations�on their part, jointly or severally, hereunder-, said permittee _.and its- ,successors *an - d assigns shall. furnish. and- maintain;* "and- pay all premiums and other `expenses , ftor, - casualty insurance coverage , b" a' duly . license casualty insurance company in the ainoun.t of �300;000.00..against,'liability for injury to any person p. s nJ I I I r ,-and /or persons in any single accident,-and in the amount of $ 25000.00 against liability,for injury;to` property in any single accident, and in said amounts and for said.purposes, respectively indemnifying said permittee, its, successors and assigns ` and` - the -'City of Saint Paul against _ liability •o "n account - -of all claims of third persons for injury to person and /or. property arising from- or'connected with the construction, erection,,maintenance, operation and /or removal of said Vehicular Ramps, hereunder, and shall furnish competent evidence.of said coverage, from time to time, to the Comp= troller of the City of Saint Paul. 6. That said,perMittee shall complete the construe- _ tion, -of said- Vehicular Ramps hereunder and in .`accordance with the requirements,hereof not.-later than the ls.t'day of Septem= ber 1964.. . ' • That whenever the Council of the -. City, of ' Saint Paul, by its Resolution, shall determine the discontinuance and removal of said Vehicular'Ramps necessary in the public interest and 'acco'rding_ly -order the discontinuance and removal of the same from said location or whenever said,permittee,,its successors or assigns shall upon its'or.their election deter- mine to - discontinue and remove the same and surrender said permit therefor, the said Vehicular Ramps shall be discontinued and removed from the subject public street area and such 'public street area shall be reconstructed and restored, by and at the cost and expense of said permittee and /or its successor -in interest,.-under the supervision and subject to the approval of ther,,Commissi one r of Publi- c__Wo•rks, an'd_,the, Commiss_inner of Parks- and Recrea£ ion .and Public Buildings' "'of the City, of- Saint" "Paul. t Provided., nevertheless, that no such resolution shall be con- sidered for adoption except upon a public hearing thereon held and conducted by the Council after ten days' notice of such hearing given by. registered mail to said permittee or-its assignee iri the premises.- 8. That said permittee, its successors, or assigns, by ari effective Deed of ,Easemen.t approved by.said City's Cor- poration Counsel shall grant unto said City a.public,easement to a height of 8 feet measured to an elevation above the surface of the same for said City !s- construction,!maintenance and use of a public, sidewalk therein,' and upon and over the, following described.tract or- parcel of land lying and being in said City- of Saint Paul County of Ramsey; State of Minnesota, to -wit: That part _of Block 6, St-. Paul .Proper; City__ of St.,-'Pau1, = Minnesota,' described as, follows':_ Beginning at a point_ in -the Southeasterly' line`=of 's aid ;`Block 6, 11.75 feet " Northeasterly from -the most Southerly-corner of said } Block 6, thence running'Northeasterly along-said'South- - easterly line- 21.30.feet, ,thence deflecting ,28. degrees _ - t • -ry ;� • `-C 'F a a. �• F. i i N to' the left and runnin in a g•. Northerly direction - 14.81 feet., thence deflecting 27 degrees 1 5'• minutes 31 seconds to the- right and running in a North= easterly direction 148 feet,,thence deflecting- 56 degree P'54 minutes 29 seconds to the right r 'and running in an Easterly direction 11.21 feet -more. or less -to a point in a Southeasterly line j of said Block 6, thence deflecting -56 degrees `. to the left and running Northeasterly along said 'Southeasterly line 12.06 feet,-,thence deflecting 124 degrees to th-e left arid.running in a,Westerly direction 23.34 feet, thence deflecting 56 degrees 5�+ minutes 29 seconds to the left -,and running in a Southwesterly direction 155,83 feet, thence t deflecting-27-degrees 5 minutes' 31 seconds• to the left and running in a.Southerly direction 36.02 feet more or less to the point of beginning. _ _ f _ - _ _ _ _ _ 1�-- ... , �.4 a __ _ _ ice_ •- __ - _ .. _ _ � _ _ _ _ Oririnal to City Clerk ORDINANCE 2091 COUNCIL FILE NO G PRESENTED BY ORDINANCE NO. ,t -6- That -the exercise of said public sidewalk easement shall be deferred until the construction of said Vehicular Ramps and said new Business Building shall be completed; and. that the 'same shall remain in operative effect thereafter until the permit hereby granted for the construction and maintenance of said Vehicular Ramps shall have been revoked or surrendered and until said Vehicular Ramps constructed and maintained pursuant to said.perMit shall have been discontinued and re- moved and said subject public street area shall be reconstructed and restored., at the expense of said permittee or that of its successors or assigns. That, despite any contrary pro- vision of this ordinance said permit and any easement granted by said permittee, or its. successors or assigns to said City hereunder, for public sidewalk purposes; shall absolutely terminate upon the vacation of the aforesaid section of East Sixth Street hereby -made the subject of said permit. That said permittee, and its successors and assigns shall fully reimburse said City on account of said City's costs and expenses necessarily incurred for the construction of a public sidewalk within the area of said public sidewalk ease- ment and for the reconstruction of the existing public side- walk in the north side of said East Sixth Street within the lines of the hereinabove described portions of said permit area provided to be reserved for public sidewalk purposes, as aforesaid. That said permittee shall within the period of ten.days next after the effective date of this ordinance, file with the City Clerk, its written acceptance of this- ordinance and agreement to be bound byythe provisions, terms and conditions thereof, without limitation, which written in- strument of .acceptance and agreement shall be in form approved by the Corporation Counsel. SECTION 2 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preserva: tion of the public peace,. health .and safety. SECTION 3 This ordinance shall take effect -and be in force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Mr. President Attest U City Clerk 1M 11-o1 22 . •k MAR 1 Passed by the Council In Favor U Against Approved: AR 1 19 Saint, Paul, Minnesota March 7, 1962 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen & Madam: ZC) � y/j The undersigned permittee hereby accepts and agrees to be bound by the provisions, terms and conditions of Council File No. 205915, 'adopted by the Council on March 1, 1962. (Ordinance No. 12160) THE DAYTON COMPANY By e Vr U 11, igEr Wore .Qf Parks &.'Rd (m •tl ra & l c 'MA4z. . - $43ld In' g Dear sir: At ,rtia� lac ..Alfred r - = herewith .fir I tranga►it/to the �cue tody -at your, office.'.-._, - sutM tted by repmsonta�tives of � spumumatt o the ��� �►, pu�u�t � _ Ordina&*,,* No. =59, 1210 and 12162 aa-of which were- edop�(d hY 'tip `City Council (m larch heat, 1962. _ VQry QitV Clerk - °U� \ 2nd Laid over to 3rd and app Adopted. Yeas Nays Yeas Nays Heeetirey DeCourcy Holland Holland Loss Loss n Mortinson Mortinson U .JkrC8P98II" Peterson Rosen Rosen Mr President VttveuMs--- s 205915 ORIrINAL TO PAYOR f RECEIVED OF goo 6-n CITY OF SAINT PAUL OFFICE OF"THE COMPTROLLER RECEIPT N4 1361 U "--gut r 6,1 CITY COMPTROLLER BY ,00