209562Original to-City Clerk Council File No. 209582- 0rdin:_,.re �a
12313 —BY Frank F. Loss—
y ORDI
An ordinance amending th
Code, 'Chapters 80 to 61 incj,u- tc, (����
the Saint Pat =l i.�gl °�arijg_ Cn i/d
taining *o Us- Di.: ' 's;j,•�A�
trirts a•' Pe? - 'if el'NCIL. FILE NO.
PRESENTED BY � ORDINANCE NO. /
t6 - -$off ?1^ .Ot:
An ordinance amending the Zoning Code, Chapters
60 to 64 inclusive of the Saint Paul Legislative
Code, pertaining to Use Districts, Height
Districts and Rezoning of certain properties in the
City of Saint Paul, as amended. 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:
r •.
Section 1. That the Zoning °Code,• Chapters 60 to 64
_,,inclusive of the Saint Paul Legislative Code, pertaining to
Use Districts, Height Districts and Rezoning of certain properties
in the City of Saint Paul, as amended; be and the same is hereby
further amended so as to rezone the following described real
property from "A" Residence District to "C" Residence District:
w
The east 679 feet of the north 388 feet of the
south 490 feet of the east One -half (EJ) of the
Southeast One - Quarter Ml A-), Section-Two (2),
Township Twenty- eight , Range Twenty -two
(22), Ramsey County, Minnesota,
subject to the following express exceptions and conditions:
1. That, subject to any further reclassification.
of the hereinabove described real estate by virtu6
of proceedings therefor hereafter instituted,
conducted and completed according to applicable
provisions of said Zoning Code, as amended, and
applicable provisions of the statutes of the State
of Minnesota, hereby, the employment of said real
estate henceforth is restricted and limited to the
following specified uses, to -wit: (a) Residential
District uses permitted by the regulatory provisions
of the said Zoning Code, as amended, in "A" Residence
District and "B" Residence District, and (b) "C" Residence
District uses which shall include no more than the erection,
maintenance and operation thereon, exclusive of the
easterly 50 feet of the same, of multiple housing or
apartment building or buildings, and that no structural
development or use shall be made of said easterly 50
feet of the same anticipated to be,'ultimately acquired
and dedicated by publib authority to public street purposes.
2. That the owner of said real estate, on=o- r.'before
December 1, 1962, shall file with the City Clerk, in
two ( 2), fully executed couiit rparts, said owner's
written acceptance of this ordinance, incorporating,
Yeas Councilmen Nays
Dalghsh
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1M 8-02 X22
Passed by the Council
Approved:
Mayor
Tn Favor
Against
Odginal to•CH7 Clerk
ORDINANCE 209562
PRESENTED BY
COUNCIL FILE NO,
ORDINANCE NO. !
2
among other things, said owner's grant unto
said City of Saint Paul of a negative easement
affecting said real estate for the imposition,
maintenance and enforcement of the aforesaid
restrictions and limitations upon the employment
and use of the hereinabove described real estate,
approved as to form and execution by the Corporation
Counsel and recordable in the office of the Register
of Deeds.
3. That, in addition to other requirements therefor,
said written instrument of acceptance and grant shall
incorporate a certified copy of this ordinance, and
immediately upon the aforesaid filing of the same, the
City Clerk shall cause one of such counterparts
thereof to be filed of record in the office of the
Register of Deeds in and for Ramsey County, Minnesota.
- Sec. 2. This ordinance - constitutes a re- enactment
of Ordinance No. 11738, approved May 31, 1960, which provided
for the same amendment to said Zoning Code so as to rezone the
hereinabove described real property from "A" Residence District
to "C" Residence District thereunder, and this ordinance.is intended
to secure and confirm such rezoning of said real property and to -
provide against any lapse or ineffectuality of said prior ordinance.
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 upon its passage, approval and publication.
ti11*-1
Yeas Councilmen Nays
/ Dalglish
(o Holland
Loss
Mortinson
Peterson
Mr. President�t�a;-
Attest.k-� .
N OV 11962
Passed by the Council
In Favor
a Against
NOV 119
Approved:
City Clerk '10ting Mayor
IM 6-sz 22
DEED OF NEGATIVE EASEMENT AND ACCEPTANCE OF ORDINANCE
THIS ,INX3ENTURE; ` made and executed this 1 et - day of -
Ngvemb.er, 1962, .by and between Morton Berland- and Shirley Berland, his
wife, of 'the County of Ramsey, State of 'Minnesota; hereinafter designated
"the first pasty",, and City of Saint Paul, hereinafter designated "the'
second ptr y": - `
i - WITNE,SSETI3: - ' _ a ..
WHEREAS,_ the fiist party is the owner; in fee simple, of a.11-•of
-the following described - real estate situate' in the City of. Saint Paui,` county-..
of Ramsey, State of Minnesota, to -wit:
The east 679 feet of the north 388 feet of the south 490 feet'
of the east. Cne -Half (E 1l2) of the Southeast One - Quarter -
-(SE 1/4), • Section>Two� (2), ';Township Twenty =eight (Z8).
. Range 'Twenty -two (ZZ),•Ramsey County, •- Minnesota`;
': •r,- .WHEREAS.; said'xal estate on May 31.0 1960 and for a considerable ;
period of tune next �precedin the "arise,. was zoned ,and classified in ''A"
Residence Distriot..under and by virtue of Chapters 60 to 64 nclus ve,° '>
Zoning Code, .5 Ant Pa_ ul Legiolative %Code; and' pu sus.nt to the petition of
_ F the first patty-4nd others, the,Councfl of the_ seeorid party; �tCC.ording to
;the provfetoUs of said Zoning odesend the, statutes of the State of Minnesota,•
in such o @e-s, made and provided, with the written- acgdie#cence of the
owners of two - thirds of the'-aeveral descriptions of real estate. `situated
within'-100 feet of said real e . tats, • duly enacted City of Saint Paul Ordinince ' ;
L Np; - 11718, :approved May 31, X;9 60, and published in the Official Newspaper
• i, .
} of the_ second party on the -4th:" 'day zof Juile;'196'0, arriending- said
Chap:' 60 to 64- inclusive ,as% amended; ¢o, that -said hereinabove described
- -real estate was'thereby and the-reundex rezoned- and reclassified - froin' "'All..
.'A"
Residence ,districts to "C ", Residence'.District, rsubject to' especial re-
etrictioris,iipon'the, use of the `same whereby the use end_ employrrient
• said hereinabove described real/ estate was restricted tq-the fohowing,.
'uses and employments, subject to further rezoning A rid reclassification
_of the 'same by virtue \of, proceedings therefor therea,fte -r instituted,, con-. _
ducted ,• and com. P leted, according to a PPl.i. cable- rovisiono ofT,- said'Chp. -b0
to 64, inclu_ give; .Zoning Code, . and of_ fitatutes • of, the State of• Minne_ 'rota-, 'to -wits ,
(a). Residential Vitrict iises permitted 'by the regulatory
? _. '_ - . "• provision® of the said Zoning Code; ;as .amended, in
"All Residence District and "B" Residence District,' =and r .-
(b} C• Residence District uses which shall include no
more than the erection, maintenance and operation` `
thereon, exclusive of•the easterly 50:feet of the same,
of multiple- housing or.apartrrient building',or buildings, + .
• and that rio'etructural development or u.st shall be', - r
r made of said easterly 50 fe e t-of , the -same anticipated -
.:r
to be ultirnately''acquired'and dedicated by public
authority to. public street' purposes•.
WHEREAS,+ the first •party, 'for themselves`, their heirs, adminis-
trator ®, ®xecut'or'e; and aasigna;J intends hereby to accept said Ordinance
No.. 11738, apprbyed•-May'31, -196'0; and to provide for the imposition; 't• ;
maintenance, and enforcement of such especial restrictions upon the use
Of said hereinibove described real estate to run with the land and to grant
a' unto the second •party, "in further compliance with the con, itione of aaid, '
` � ; Ordinance No: 11738, ,.a negative easement therefor! "
• + ;. - _ • ; NOW. THEREFORE, `the fir rt as sych •- owner. of
said heraiii-
above d6rc;ibed zeal ,estate, for itself, =.its heirs; - admiriist ator.s, 'e e-
-� =•�} Z:r, -• - • ; •L t. .+7.. r�*ty _ '. e e'1 ix1 ^ ":�f
tF �
II•. cutoxs, an as does .hereb:covenaint and bird, itself, pit heirs, -�' .'
admf•ilistratorst, ekecut ' 1 and ,;•S8i n$_ unto the second rt that; in-ac.- 1
g -Y
coi<dani i With- said .iChap' 66 .t , t4'in `}
Chap'.' o clusive., Zoning ,Coale, _ rt claw y_`Ias
' r the-same, hiwbeen Amended•by said drdiiiance .Nq. I17389 said real,eitate
had been effectfvely ree.tricted` end limited in' respect of its ui�e aril em -'
ployment a_ nd'shall henceforth be retitrfcted `and limited, Ur suich aAtculars
as .foli.ows, to =wits - • `
' - - •.. � ,; } _ t to any furth _ er re c ..7 �'_. "' . <� °•- -' - � • _ • ; - ,
bjec�.a'ssification of the herein-,
"That au
above described real estate by- virtue,of. proceedings "there- .
- = for hereafter instituted, coinducte.d and completed according
to applicable provisions o£ said Zoning Code, as amended;
t . - , •
and applicable grovistons of. the statutes..bf the State of -
M Minnesota,,; ;hereby, • the 6t aplo) tm`6nt _of said real estate ;
r henceforth is Tes,trictsd and limited, to' the following apeci- ,
F fled uses,- .to =witi _ (a) Residential P.46trict uses. permitted • '
bythe regulatory -provisions of 'the `said Zoning' Code', : as".
amended, in Resid.ence District and" "B" Residence
District, and (b) . "C" Residence District uses which shall'.
include no more than the erection; - mairitenance ,'and,optt- -
ation thereon, exclusive of the easterly 50 feat of the samx e,
of multiple housing�ot'.apart' nt building .o buildings; and
that no .structural development or use shall be trade• of said_
' easterly- 5U,,feet of the. same anticipated: to be, ultimately. =
acquired and dedicated by public .authority to public street _ -
purpose -,.''
: and the said. first:.party; ; for - itself; `itm -he r' s adrriinistrators; .executo_r®-;
and assigns-hereby. rants, conve �s and.w.arra' t I V
y` g �y n s' unto the - second party,
said City of.Saint`Paul,: as ..such municipaYcorp 'ration,' in trust, for the
beiiefit of the public-, t perpe tial. negative easement in and t6, iaid- herein=
above described. real egt4te aad all thereof" iot the itrigosition, maintenance,'`-
- _ -•. - . • • • _ ,{ y, � r -i - _ • _y. r_," -�• - ', _ :. .. .> -r -. � .••' 1 t i•-
and:enforcerrienf'bir the-second party* as such municipal -.corporation; of ;
the aforementioned restriction~ and_ limitations upon tine -use and em- a,
ployment of said hereinabove ;described real estate# to run with the land,
and for good and valuable consideration, the rece"ipt and sufficiency whereof .
by thelirst party hereby are acknowledged:
FURTHER; ' the •first, .pairty, makes reference 'to said Cheap. -60 to 64
inclusive', -Zoning Code, ,as amendeds _ and by reference -incorporates the
same h6tein,'•,as part` hereof,. with the sama intent,' purpose, and effect"
as if said Zoning `Code, -were fully set ,forth he rein#._ and makes further-
= refe'rerice to said amendatory O.rdinazice No: 117 and to 4dinanCe
No :. 12313 amendatory of the_ same and' to the duly certified copies
Of
paid -Ordinances hereto attached andercby incorporated `herein''by` reference ,
= • as part hereof; and said first party, fox itself:, its heirs, a min,istrators,
executors.,- and assigns, hereby accepts said ama datory Otdinance No. ,11738,,
and Ordinance No.' 42313. , amendatory -to same, 'and every provision, • ,
= term�and c.ondition'of, the'- same'withoutrei rvation•'or'exception:.
IN_TE$TIMONY WHEREOF, staid first party,. Morton S 0, rland'and
'Shirley Berland,-his' wife, have'seit their hands to'thia -instrument,as of-
the' day and year, first above, `writt
en.
' -
' In", Presence' of: - _ -
= or o a
_ n`, rland
• ; ' - : Shirley B#l4nd .
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' OF MINNES97A; '
.:STATE t
;
COUN'T'Y O_ F RAMMY
' On this
y of November_,. 1 961 befo're me; a, Notary
`
1?ublic within'atid� far saki County,' persona llyappe *.red Mnxtoti.Berland
and Shirley. Bes'2�nd, hts wife, to me_ki<iown to be_the persons rle�cribed
}
tii, and who i=eCuted the' fo egoing iiriotxum ®nt,' and acknowled ed, that ' ..
r
they executed the' same, an- 'their free act and deed:
- - *, L �^
+H
BOLD SHEAF
Notary Public, Ramsey County, M(nn
My Commis's)on Expires-Dec Y7 496a,i
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Laid over to
3rd and app
P
Yeas Nays Yeas Nays
`Dalglish
p =n� `olland
ss
Pet
.r`Rosen
. President Vavoulis
29D62
Dalglish
Holland
Loss
Mortinson
1 Peterson
Mr. President 1
a 4