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206285,mcil File No. 206285— Ordinance 1, Original to City Clerk X169 --By Mrs. Donald M. DeCourcq, • - ; ri ordinance granting permission r • r - O R D I N A N ,t;ority to Sears, Roebuck and - ('j �� w York Corporation, 'as the ow�r lot 2, Block 2, Western Area Aci �f(d ,, �subjtct to that certain dedic.'_i t "!tills easrment,_therein.Jf ,9.iitu'�til t•' �tsj u�. ?U9' PRESENTED BY ORDINANCE 4 e7 AN ORDINANCE GRANTING PERMISSION AND AUTHORITY TO SEARS, ROEBUCK AND CO:,, A NEW YORK CORPORATION,, AS THE OWNER OF LOT 2, BLOCK 2, WESTERN AREA ADDI- TION, SUBJECT TO THAT CERTAIN DEDICATED PUBLIC UTILITIES EASEMENT THEREIN, ACCORDING TO THE OF- FICIAL PLAT THEREOF REGISTERED AND FILED IN THE OFFICE OF THE REGISTRAR OF TITLES IN AND FOR RAMSEY COUNTY, MINNESOTA, TO PROJECT, CONSTRUCT AND MAINTAIN WITHIN THE AREA OF SAID PUBLIC UTILI- TIES EASEMENT SEVERAL SPREAD FOOTINGS TO BE CON- NECTED THEREWITH AND NECESSARY FOR THE SUPPORT OF THE PRESENTLY PROPOSED COMMERCIAL BUILDING TO BE CON- STRUCTED BY SAID COMPANY ON THAT PORTION OF SAID LOT 2, LYING EAST OF THE EAST LINE OF SAID PUBLIC UTILITIES EASEMENT. 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: Section 1. That permission and authority hereby are granted to Sears, Roebuck and Co., a New York Cor- poration, as the owner of Lot 2, Block 2, Western Area Addition, subject to that certain dedicated public utili- ties easement therein, according to the official plat thereof registered and filed in the office of the Registrar of Titles in and for Ramsey County, Minnesota, to project, construct and maintain within the area of said public uti- litiAs easement several spread footings to be connected ther with and necessary for the support of the presently proposed commercial building to be constructed by said company on that portion of said Lot 2, lying east of the east line of said public utilities easement, subject to the provisions, terms and conditions of this ordinance hereinafter expressed. Section 2. That the Commissioner of Public Works and the Commissioner of Parks and Recreation and Public Buildings, of,said City, hereby are authorized, upon due application therefor hereunder, to issue to said Sears, Roebuck and rCo., as the permittee hereunder, the necessary City permits for the projection, construction and maintenance of the aforesaid spread footings connected_ therewith and necessary for the support of said proposed commercial build- ing, within the area of said public utilities easement in conformity with applicable portions of the plans and speci- fications for said proposed commercial building, to be pre- pared by a registered architect, retained by and at the expense of said permittee, approved by the City Architect of said City and filed -in the office of the Commissioner of Parks and Recreation d Public Buildings, by said permittee, within the period f six months next succeeding the effective Yeas Councilmen Nays Passed by the Council DeCourcy .. Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) . Attest: City Clerk / 1M 11-61 22 i Approved: Mayor Favor Against T� . - 2 - 206285 1,314.7 date of this ordinance subject, as aforesaid, to the provisions,, terms and conditions,of this ordinance: 1. 'That said permittee, within said six months period, shall cause to be prepared and filed in the office of said last named Commissioner such plans and specifications for the construction of said commercial building solely at said permittee's own cost and expense. 2. That none of said spread footings shall be permitted hereunder to extend -a distance greater than 3' -6'ff" west of the East_line,of said public-utilities easement; that the foundation for the said spread footings shall be jetted down to an elevation 30 feet below the cutoff•ele= vation mf, westerly column of foundation piling, as shown-by Y the p an thereo a e February 9, 1962, furnished by S,Aga permittee, prepared by Hobert V. Mehaffey, Mechanical ' Engineer, and-L. H.•Nettnin, an Associate Electrical Engineer, filed herewith-and made part and parcel of this ordinance; - and that said spread footings shall be constructed and main- tained in conformity to plans therefor approved by the City Architect, and in a manner so as to reasonably insure the structural security and safety of the eidsting 8' -0" diameter public sewer within the area of said public utilities ease- ment and that of all other public utilities instrumentalities now or hereafter located within said public utilities ease- ment area. 3. That said permittee shall be obligated, at all times, during the operative period of the permission and authority hereby granted to exercise such permission and authority so as to provide against.disturbance or inter- ference with the structural security, safety or service of said public sewer -and to provide against disturbance or interference with the structural - security, safety or service of any and all other public utilities instrumentalities now or hereafter located within the area of said public utilities - easement and shall be deemed bound unto said City of Saint Paul to fully indemnify said City against liability or loss on account of any claim of any third person for injury to person or property or loss OP damage caused to said City arising therefrom or connected with any default by said per- mittee in regard to its aforesaid obligation or•any of its obligations incurred or to be'incurred by it hereunder. 41. ' That" said ,permittee ali excavations made by it hereunc area so as to provide against inji property and shall properly backf: utilities easement area'in a mann( against undue settlement of the s< same in accordance with plans and be furnished by•said Commissioner _latter'_s .sup ervi"sioh, -: - -" ` r- 4' shall properly protect ler in said public utilities easement iry or damage to person or .11 and tamp said public :r adequate to provide Mme and shall resurface the specifications therefor to ,of Public Works .under the - 3 - 206285 5. That said permittee shall prosecute the subject building construction work with diligence and fully complete the same, in conformity with this ordinance, the Building Code,.provisions of the Legislative Code of the City of Saint Paul and all other applicable rules and regulations of state and municipal authorities having cog- nizance within a reasonable period of time having due re- gard to the volume, conditions and circumstances of the subject building construction work; and that said permittee shall be bound unto said,City of Saint Paul to fully in-I., demnify and hold harmless said City, its officers, agents, servants and employees against all loss and liability on account of injuries, damages, claims, losses, judgments, suitsand expenses arising therefrom or occasioned by the exercise by said permittee, of the permission and authority hereby granted and /or connected with the projection, con- t struction, and /or maintenance of said spread footings, by said permittee within said public utilities easement area. 6. That said permittee shall not proceed to construct said spread footings unless and until said per- mittee shall have fully complied with the provisions re- garding 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 and found on pages 1 -13 through 1 -17 of said Specifications applicable to contractors. For the purposes of this ordinance, the aforesaid section of said Specifica- tions numbered 1.44 shall be read as though the word "permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44 -of the Specifications for Street and Sewer Construction in tlie City of Saint Paul:-is hereby incorporated herein by reference as fully .and as completely as if set forth herein verbatim. Proof of compliance with the provisions of the aforesaid Section numbered 1.44 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 shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. 7. That said permittee shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars (10,000) conditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liability, loss, judgments, suits, costs, charges, and expense that may accrue to persons or property occasioned by the making of the improvement or arising out of same. Original to City Clerk ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 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 DeCourcy Holland Loss Mortinson V Peterson Rosen Mr. President (Vavoulis) Attest Z 206285 /";z / C Passed by the Coun MAR Favor 7) Against Approved • J MAR 2 3 1262 — ®' 'City Clerk / / Mayor 1M 11-61 X 2 2 Dnpllcate to PF(nter PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 206285 AN ORDINANCE GRANTING PERMISSION AIM AUTHORITY TO SEARS, ROEBUCK AND CO., A NESJ YORK CORPORATION, AS THE OUNER OF LOT 2, BLOCK 2, tMSTERIT AREA ADDI- TION, SUBJECT TO THAT CERTAIN DEDICATED PUBLIC UTILITIES EASEIMIT THEREIIT, ACC0RDING TO THE OF- FICIAL PLAT THEREOF REGISTERED AND FILED IN THE OFFICE OF `'HL REGISTRAR OF TITLES IN AND FOR RAMSEY COUNTY, MDINESOTA, TO PROJECT, CONSTRUCT AND 11AINTAIN WITHIIT THE AREA OF SAID PUBLIC UTILI- TIES EASEMENT SEVERAL SPREAD FOOTINGS TO BE CON - NECTED T'rI'ER1;., ITH AND NECESSARY FOB? THE SUPS 0RT OF THE PRESENTLY PROPOSED COMMERCIAL BUILDING TO BE CON - STRUCTED BY SAID CON2td1Y ON THAT PORTION OF SAID LOT 2, LYING EAST OF THE EAST LINE OF SAID PUBLIC UTILITIES EASEHENT. THIS IS AN EMERGENCY ORDI14ANCE RENDERED NECESSARY FOH THE PuESLMVAT ION OF THE PUBLIC PEACE, HEALTH, XND SAFETY. THE COUNCIL OF THE CITY Or SAINT PAUL DOES ORDAIN: Section 1. That permission and authority hereby are granted to Sears, Roebuck and Co., a New York Cor- poration, as the owner of Lot 2, Block 2, Western Area Addition, subject to that certain dedicated public utili- ties easement therein, according to the official plat thereof registered and filed in the office of the Registrar of Titles in and for Ramsey County, Minnesota, to project, construct and maintain within the area of said public uti- lities easement several spread footings to be connected therewith and necessary for the support of the presently proposed commercial building to be constructed by said company on that portion of said Lot 2, lying east of the east line of said public utilities easement, subject to the provisions, terms and conditions of this ordinance hereinafter expressed., Section 2. That the Commissioner of Public Works and the Commissioner of Parks and Recreation and Public Buildings, of said City, hereby are authorized, upon due application therefor hereunder, to issue to said Sears, Roebuck and .Co., as the permittee hereunder, the necessary City permits for the projection, construction and maintenance of the aforesaid spread footings connected therewith and necessary for the support of said proposed commercial build- ing, within the area of said public utilities easement in conformity with applicable portions of the plans and speci- fications for said proposed commercial building, to be pre- pared by a registered architect, retained by and at the expense of said permittee, approved by the City Architect of said City and filed in the office of the Commissioner of Parks and Recreation and Public Buildings, by said permittee, within the period of six months next succeeding the effective Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk �M 11-ol zz Passed by the Council Approved: Mayor Tn, Favor Against 2 / date of- this • ordinance- sub ject, -as aforesaid , to the provisions, .terms .and conditions_ of this, ordinance: ;k 1. That said permittee, within said'six.months period, shall - cause to be prepared and filed in the ,office of said last named Commissioner such plans and specifications for the-construction of said commercial building solely at said permittee's own cost and ekpense. -- 2. -: That node of-'said spread footings 'shall be' . permitted hereunder -to extend a•distance greater than 3f -6P west of.the east line of said•publie utilities easement; that the foundation 'for-the said spread footings shall be jetted down to an elevation 30 feet below the cutoff ele- vation Of westerly column of.foundation piling, as shown by the -plan thereof dated Februsry•9, 1962,-furnished by'said permittee,-prepared by gobert V. Pgehaffey, Mechanical Engineer, and-b.-H. Nettnin, ad Associate Electrical Engineer, filed- herewith and made part and'parcel of this - ordinance ;' and that said spread footings shall be constructed and -main- tained in conformity'to plans therefor approved by the City Architect, and Ina manner, so as to reasonably insure the structural security and -safety of the eidsting P -0" diameter public sewer within the area of said public utilities ease- meet-and-that of ail other public utilities instrumentalities now or-hereafter-loeated withinsaid public utilities ease- went area., , 3: That said permittee shall be- obligated, at all times,' - during the operative period of -the permission and authority hereby granted to exercise such - permission and s.•. authority--so as to provide against disturbance.or inter -, Terence with the structural security; safety or service of -, -,said public sewer and to provide against disturbance or interference with the-structural security, safety or.,service of-any and all other public utilities instrumentalities now or hereafter located within the. area of said public utilities easement and shall be deemed bound -unto said City of Saint f Paul to fully- indemnify said City against liability or loss on account 'of any- claim of any third person for An jury to person or property or loss or damage - caused to said-City arising- therefrom or connected with any default by--said per-' mittee in. regard to its aforesaid'obligation or any of its- _ obligations incurred or to be incurred by it,hereunder.. - - .: That "t'said permittee shall properly protect ' all,excavations,mado by it• hereunder in said public'utilities easement -area so, as to provide against injury or damage to person or property and shall properly backfill and tamp• said public ' atilities easement area in a manner adequate to provide against undue settlement of the••same,and shall resurface the !- same in accordance-with plans and specifications therefor -to be furnished by said Commissioner of Pablic' •Works under the _ latter's- supervision. ' Ki .',? .i'.•1 . i i -_ � r_t t. `: .,v {ice •, � - - �... . - X285 5. 'That- "said: permittoe shall-,proseoute the subject building construction work with diligence and -fully ; complete. the same., in conformity with this ordinance,- the Building Code ;_provisions of the Legislative Code of the- city or Saint Paul- and -all other applicable rules-and regulations, of state and" municipal authorities. having cog.. nuance - within o reasonable ' pariod. of time- having due re- gard. to the Volume, conditions and circumstances of tho subject buil6ing construction work; and that said permiftee shall be• bound - unto- said City of Saint Paul to fully in. demnify and hold harmless --said City, ,its officer's, agents, ' servants and employees,agal sti,all loss and liability on account -of Injuries,, damca,8;es, claims, losses, judgments, suits .andekpOses arising .ther_efrom on occasioned- by the exeroise by ;said, j?erm'1ite4, <qf .the..'permission and, authority hereby granted and /or c onnected with the • pro j'ectign, 'con - struction and /or..malntentance of said 4pread footit g"'t by- , said perb ee. within said' public .utilities easement .arena. _ • 6. That'said permittee shall not -prooeed to� construct said spread,footings unless and until said per- mittee shall- have fully' complied with the - provisions re- gardirig Insurance and.- indemnification contained in the City of Saint' Paul .Dapartment of Public Works Specifications for - Street and Seder-Construdtift.dated April 1, 1959} Section ' • ' numbered -1;44 and: f ound- oh pages 1 -13 through 1 -17 of said - - Specifications applicable to contractors. For the purposes of this ordinance the aforesaid section of said Specifica ti.ons numbaied_ 1.44 shall be read 'ad though the, word "permittee" were - substituted -Por the-word "contractor" wherever the' sane appears-in the aforesaid Section 1.44: -Sai.d Section 1,44 ` of the Specifications for. Streot and Sewer Construction in -the-City of Saint Paul is hereby incorporated herein by reference as .fully and as . completely as if set" forth herein verbatim.,-Proof of compliance with the provisions .of than aforesaid Section numbered 1.44-shall be in such form as the Corporation. Counsel of the City of Saint Paul may direct, i and-the documents required by the aforesaid Section 1..44 shall] after-sub-mission to -the Corporation Counsel., be filed ,,in the ofti.ce of the-Comptroller of the City of -Saint Paul.._ 7. That said_permittee shall furnish a bond -to the City of 'Saint Paul in the sine of Ten-Thousand DollerB ($1Q,000) conditioned•to comply with all the.termp of this - - ordinance- nand to indemnify and-save harmless said City from all liability, 'loss,' jud gments, sults,, costs, charges, and ` expense that may accrue to persons or property ocoasloned by the, making -,of the improvement or .arising out of same. Duplicate to Printer ORDINANCE 20,6285 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO.- - 4 - 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. MAR 2 3 1962 Yeas Councilmen Nays Passed by the Co it DeCourcy 17 Holland Tn Favor Loss Mortinson Peterson A gainst Rosen Mr. President (Vavoulis) MAR Approved: Attest: City Clerk Mayor iM 11-ol zz w lst 2n Laid over to- 3 $rd and app —Adopted Yeas 1 Nays Yeas Nays DeCourcy Holland Loss Mortinson Peterson Reno► Mr. President Vavooulis 206"285 8 DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President Vavoulis �j