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206288ORIGINAL TO CITY CLERK a . PRESENTED BY COMMISSIONS Tv ;Heil File No. 208288 —By Frank L.•�7�,i CITY O90ss- hereas, The City Architect, having COUNCIL NO. 206288- OFFICE OF TFtested the City Council to hold a !ic hearing to consider any com- ets about the expense incurred 1,V COUNCIL RESOLUTIGaty,0± Saint Paul in remov -n_. us rt.., d 4t V89 J. __DO,lr- • - - -n' .. WHEREAS, the City Architect, having requested the City Council to hold a public hearing to consider any complaints about the expense incurred by the City of Saint Paul in removing a dangerous structure at 1389 Hawley Street, more particularly described as Lot 26, Block 5, Hager's Subdivision of Lots 1, 29 3, 49 55 69 79 149 155 16, 179 18 of Walcotts addition to Cottage Homes, the City Council held a public hearing on February 20, 1962 to consider the expense and to confirm the amount thereof; and WHEREAS, it appears that the City Council, pursuant to C. F. No. 199520, approved November 2, 1960, published November 5, 1960, set a public hearing to consider removing the dangerous structure, and the City Council, by C. F. No. 199823, approved December 1, 1960, published December 3, 1960, ordered the wrecking by and at the separate cost and expense of the owner, occupant, or other person in control thereof, and the City Council, by C. F. No. 200230, approved December 28, 1960, published December 31, 1960, directed the Commissioner of Parks and Recreation and Public Buildings to.enter upon the premises and wreck and remove the building thereon and do any and all things therein necessary for the protection of life, limb, and _adjoining property, and that the City of Saint Paul has incurred the expense of $60 in removing said structure; and WHEREAS, it appears that Olivia Callander, 3224 Owasso Heights, Saint Paul 12, Minnesota, and Hart Callender, 1315 Rice Street, Saint Paul 17, Minnesota, are the owners of the premises; be it RESOLVED, that we, the City Council of the City of Saint Paul, do hereby confirm the amount of $60 to be the fair, true, and reasonable amount for such services incurred in connection with the removal of the dangerous structure; and be it I FURTHER RESOLVED, that the City Clerk be directed to file in the office of the Register of Deeds for the County of Ramsey a statement of expense incurred by the City for the purpose of securing a lien on the property, pursuant to the Building- Code, Sec. 1.07 of the Saint Paul Legislative Code. COUNCILMEN Yeas Nays DeCourcy Holland' Loss Mortinson Peterson 6M 01il • h. MAR 9 1962 Adopted by the Council 19— MAR 9 192 Jpproved 19— In Favor Mayor (,/ Against PUBLISHED 4�c — March 15, 1962, Jr on. `rank L. Loss, 1- om. r. of Parks and Recreation and Public Buildings._ Attn: Mr. Alfred H. Schroeder,' ar Sirz This is to inform you that I did on rlarch 15, 1962, pursuant ` to Council instructions, file statements of expense iii Gonneation with he'wracking and removel of a dangerous structure at 1389 Hawley Street,._ in the Office -of the Register of Deeds as liens against theT "property, record awners being Olivia Cal.lander, 3224, Ocr«ssa fieigbts, St. Paul, nd Hart Callender, 1315 -Rice Street, St.. Paul. _ Very truly yours, City -Clerk cc: Robert J. Swords, - Corporation Counsel* r DONALD L. LAIS ROBERT E. FARICY RICHARD J. BATTIS THEODORE J. COLLINS GERALD C. RUMMEL WILTON E. GERVAIS DANIEL A. IO_AS JOHN J. Me NEIL Aff1MUM NEIL P. CONVERY H?4K 7GAT= CITY OF SAINT PAUL LEGAL DEPARTMENT ROBERT I SWORDS CORPORATION COUNSEL -OW22 March 6, 1962 To the Honorable Mayor and City Council: Re Claim of Guy Patsy & Sons for Removing a Dangerous Structure at 1389 Hawley Street. LOUIS P. SHEAHAN DIRWrae OF LAW ROBERT E. O'CONNELL SPECIAL A"11MANT Reference is made to letter of February 20, 1962, from the City Clerk wherein there was a referral of subject file in particular with respect to the objections of Mr. Hart Callendar to the payment of $60 to Guy Patsy & Sons in settlement of their contract with the City, to remove subject dangerous structure. We have reviewed thoroughly the condemnation file, No. 1699 of the Building Department, end find that all required legal steps were taken in connection with the condemnation of subject structure, and that there was a proper Award of Contract. At the time Guy Patsy & Sons appeared to perform the contract for a consideration of $337, the subject structure had already been removed. However, the contractor presented a claim to the City for expenses incurred in preparation for bid and to do the needful to perform the contract, and this claim was in the sum of $110. Because he was frustrated in the performance of this contract, this office recommended that pursuant to the Minnesota law on this subject, a settlement of $60 was in order and such settle- ment has been accomplished. Based upon all the facts and the law involved in this matter, it is the position of this office that the payment of $60 to Guy Patsy & Sons has been made properly and that this condemnation proceeding has been accomplished in good and legal order. Yours very tr , Robert J. Swords Corporation Counsel RJS-B I� OFFICE OF -CITY CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota I � 1 Mr. Robert J. Swords Corporation Counsel Building Dear Sir: MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder February 20, 1962 JR V i FEB 21 1962 c®itpok414 +lr �vtv sue, The City Council laid over to March 6th for further hearing the question of confirming the amount of expense incurred by the city in the condemnation and removing of a dangerous structure at 1389 Hawley, as more fuW described in the attached file, and referred the matter to you for investigation and determination of legal aspects involved. Hart Callender, representing the owner of the building (or being a part owner himself) objected to payment by the city of any amount to Guy Patsy and Sons, Inc. who apparently had a contract to wreck the building but could not wreck it because it had disappeared. , Very truly yours, City Clerk G� CITY 0 F S1 $A1 NT PAUL — MINNESOTA a OF -FICE OF CITY CLERK .•° BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota Mr. Robert J. Swords, Corporation Counsel; Building. Dear Sir: C z V9 - LIAR 6 — 1962 Ma .' ;€ _ ,4.11UN COUNSEL March 6, 1962 MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder The City Council requested that you prepare a resolution confirming the cost to the city in connection with wrecking and removal of a condemned structure at 1389 Hawley St., as more fully described in the attached letter, and file. Very truly Ryours,, City Clerk CITY OF SAINT PAUL — MINNESOTA a STATEMENT OF EXPENSE ON PART OF CITY OF SAINT PAUL II,ICURRkD IN THE WRECKING OF A BUILDING AT 1389 Hawley Street lot 26. Block 5. Hager's Subdivision of sots 1. 2, 3, 4, 5. 6. 7. 149 159 16, 17, 18 of Walcott's Addition to Cottage Homes. That 1, Agnes H. O'Conmell, City Clerk, do hereby make and file a formal statement of expense incurred by the City of Saint Paul In connection with the removal and wrecking of a building at 1389 Hawley Stresti described as Lot 26, Block 5, Hager's Subdivision of Lots 1, 2v 3, 4, 5, 6, 79,14, 15. 16. 17, 18 of Walcott's Addition to Cottage Homes. STATEMENT OF EXPENSE Said expense. as hereinabove stated, was incurred by the City of Saint Paul on September 7. 1961, in connection with the wrecking and removal of building at 1389 Hawley Street= To Guy Patsy & Sons, Inc.. for services and expenses in connection with the removal of said dangerous structure in accordance with specifications and Council File No. 203803. adopted Sept. 7, 1961 $ 6o.00 Said expenses as hereinabove stated, was incurred by the City of Saint Paul on September 7, 1961. The authorization for this statement is given in Council File No. 206288, passed by the Council of the City of Saint Paul on March 9. 1962. a copy of which is attached and made a part hereof. This statement is herewith being filed in the office of the Register of Deeds for the County of Ramsey, pursuant to Section 1.07, St. Paul Legislative Gode, for the purpose of registering a lien in favor of the said City of Saint Paul on the land described herein. Dated March,15, 1962. City Clerk STATE OF MINNESOTA ) SS. County of Ramsey ) On the 15th day of March, 1962, before me, a Notary Public personally appeared Agnes H. O'Connell, to me known to be the City Clerk of the City of Saint Paul, and who e.- mcuted the foregoing statement or expense in her capacity as City Clerk of the City of Saint Paul under and pursuant to authorization given her to execute--said instrument contained in Council File 206288, passed by the Council of the City of Saint Paul on March 9, 1962, under and pursuant to Section 1.07, St. Paul Legislative Code. Harold J. Riordan Notary Public, Ramsey County. Minn. My commission expires Nov. 22, 1968.