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206681OiiEinal to City Clark .' " OR D NANCE 206581 COUNCIL FILE NO. PRESENTED BY ORDINANCE E O: An ordinance granting permission to Minnesota \ Land Development Number 3 Corporation to construct a public sewer in Suburban avenue in and adjacent to its intersection with Earl Street, to approximately 175 feet west of Earl Street and within •a perpetual. public easement provided to be granted by said per - mittee, to the City of saint Paul therefor, within .theT__:__r follo�t -'described tract of land: Council File No. 206681— Ordinance No. 1 1218 --By Milton Rosen — A• 15 foot wide strip f land parallel and An ordinance granting permission to 11 p � p Minnesota Land Development Number adjacent to Suburban -Avenue extending from 3 Corporation to construct a public sewer in SuburP•yn Avenue in and the west line of Earl Street to 175 feet adjacent to its ;' q_}r;°rtlon with Earl Street, to 1,11%f_et - ;st of west of the west line of Earl Street the Earl . f tn- • , Street., ub_' < ;:1 sue'` oLts ' rII,:uoo 'A north line of said easement being the south �y 9�,� 7�r Parau -i it line of Suburban Avenue." de..10: This is an emergency the preservation of safety .41' ordinance rendered necessary for - the public peace, health, and THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to Minnesota Land Development Number 3 Corporation to construct a. public sewer in Suburban Avenue in and adjacent to its intersection with Earl Street, to approximately 175 feet west of Earl Street, ,and within ,a. perpetual public easement hereinafter described and to be granted therefor by said permittee to said City and that said sewer shall serve the following described real estate situate within the corporate limits of said City, to -wit: "The West 5 feet of North 40 feet of South 193 feet of Lot 19; the East 45 feet of the North 150 feet, the North 151.5 feet of the West 4.0 feet of the East $5 feet, the West 40 feet of the North 150 feet, all in Lot 20, .and the North 2 of the East 40 feet of Lot 21, all in Block 30, Suburban Hills., according to the recorded plat thereof on file.and of record in the office of the Register of Deeds in and for said Ramsey County." Section 2. That the Commissioner of Public Works hereby is authorized to issue a permit to said Minnesota Land Development Number 3 Corporation, for the construction of said public sewer, upon and subject to the following provisions, terms, .and conditions: 1. That said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfaction of the Com- missioner of Public Works, ,and in accordance with the plans and specifications prepared by him. T Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M 11 -61 22 Passed by the Council Tn Favor Aroainst az 2. That said permittee shall pay the cost of engineering and / inspection of said work, .and for the publication of this ordinance. 3. That Laid 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 properlyfill 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 October 15, 1962. 5. That said permittee expressly agrees and undertakes 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 expenses 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 $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. 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 1.1.,1,. of said Specifications, as amended, applicable to contractors. 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 substituted ,for the word "contractor" wherever the same appears in the aforesaid Section 1.44, as amended. Said Section l.", as amended, of the Specifi- cations for Street and Sewer Constructioniin 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 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-Pa.tzl;:_ 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 rectangular strip of land 15 feet in width described as follows: -2- &lzinal to City Clerk r ORDINANCE 4V 5!81 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. "A_15 foot wide strip of land, parallel and :adjacent to Suburban Avenue extending from the west line of Earl Street to 175 feet west of the west line of Earl Street, the north line of said easement being the south line of Suburban 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. w Yeas Councilmen Nays DeCourcy Holland Loss O Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk lnt 11 -61 22 W� p�R 1a6z Passed by the uncil In Favor D Against Approved: —APR� 1 Mayor j DuDllmte to PrWter ORDINANCE PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. a f An ordinance granting permission to Minnesota Land Development Number 3 Corporation to construct a public sewer in Suburban Avenue in and adjacent to its intersection with Earl Street, to approximately 175 feet west of Farl Street and within a perpetual public easement provided to be granted by s9id per - mittee, to the City of Saint Paul therefor, within the following.-described tract of land: "A 15 foot wide strip of land, parallel and adjacent to Suburban Avenue extending from the west line of Earl Street to 175 feet west of the west line of Earl Street, the north line of said easement being the south line of Suburban Avenue." This is an emergency-ordinance rendered necessary for the preservation of the public peace, health, and safety." THE COUNCIL OF THE CITY OF SPINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to Minnesota-Land Development Number 3 Corporation to construct a public sewer in Suburban Avenue in and adjacent to its intersection with Earl Street, to appromimately 175 feet west of Farl Street, and within a perpetual public easement hereinafter described and to be granted therefor by said permittee to said City and that said sewer shall serve the following described real estate situate within the corporate limits of said City, to -wit: "The West 5 feet of North 40 feet of South 193 feet of Lot 19; the East 45 feet of the North 150 feet, the North 151.5 feet of the West 40 feet of the East 85 feet, the West 40 feet of the North 150 feet, all in Lot 20, and the North of the East 40 feet of Lot 21, all in Block 30, Suburban Hills, according to the recorded plat thereof on file and of record in the office of the Register of Deeds in and for said Ramsey County." Section 2. That the Commissioner of Public Forks hereby is authorized to issue a permit to said Minnesota Land Development Number 3 Corporation, for the construction of said public sewer, upon and subject to the following provisions, terms, and conditions: 1. That said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfaction of the Com- missioner" of Public Vorks, and in accordance with the plans and specifications prepared by him. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk SM 11-e1 °z2 Passed by the Council Approved: Mayor In. Favor Against - cost of,engineering and 2._ That said permittee shall pay the - inspection of said worX, and for' the publication of this ordinance. =3.' That saiO permittee shall properly protect all excavations made in the 'streets both dhy`and night .ao as to avoid all daimage or_injury .- to persona or property; shall,properlyfill "and tamj said streets to -avoid ; settling and shall- r. estore said etreets to their original condition r � -• `Q: That said,pergdttee,:'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, .. 'October 15,_ 1962. That said permittee expressly agrees, and, undertakes- to' . ' fully indemnify anti hold harmless the City of. ' Saint Paul, ,its agents, officers; and employee$ from and and all damages - -:claims, losses,-Judgments,_' suits or expensed arising,.mrit of or �oecasiofied 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 X10,000 conditioned to comply with all the.. terms of this -ordinance and ,to indevnifj' and ,save 'harmless skid City. -from all liability., lose, j udgments,- suits, costs,-' charges;' and expense • that may • accrue to persons or property occasioned by the making of the improvement 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'in8urance. an4 indemnification -contained in the City, of Saint' Paul' Department of Public Forks Specifications -for Street and_ "ewer'Construetion dated'April 1,, 1959, Section numbered 1.44 of_ said - Sp.ecificationsy as, amended ... applicable- to contr�,etors. For the purposes of this ordinance,', the-.aforesaid section ,of said Specifications numbered 1.41,- ± As amended; .shall be read us though` the word ",permittee" were sitbstitutad ' for- the word acontra.ctor" wh.erevei- ,the same apperrs in the .aforesaid ' Section 1.44; as amended.`' Said Se *tion_1.44, as amended, of the Specifi- cations for Street' and SeNer,Constructioriln 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 the , _ aforesaid Sectiori� a.s , amended' shall . be in such form es the Corporation Counsel of the City of Saint.Paul m '.direst- and the •documents required by f- 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.. S. That the said permittee shall, - within ten days after.the passage of- this ordinance, 'file a `written. acceptance thereof Ath the City Clerk. ,• i : ;,- ` 9. That- said 'permittee shall;$• at Sts -gown cost and' Axpense, grant or cause.to be granted unto`aAd "City of,Saint Paul, by sufficient u$rranty = deed, approved. as __to : for" a_ nd r execution :lig, the Corporation Counsel, a . perpetual-easement fbr;,the ;construction; ?maintenance and, operation of i said public sewer -covering that "certain rectangular strip of land 15, feet•• ; _ in width- described as followal., �;,• _ ;;;, �- —2— - DupUcat. to Proter ORDINANCE 1 a COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 1U.15 foot vide strip of land, parallel and adjacent to Suburban Avenue extending from the west line of Earl street to 175 feet west of the z*e.t line of Earl Street, the north line of said easement being the south line of Suburban Avenue." Section 3. This ordinance is hereby declared tp be an emergency ordi rance 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 Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1M 11-81 22 -3- APR 2 41962 Passed by the uncil 4' Tn Favor v Against PR 2 4 i "L Approved: APR Mayor 1, l i To the Honorable, the City Council Saint Paul, Minnesota, April 30, 1962. Saint Paul, Minnesota. _ Gentlemen and Madam: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 206681, being Ordinance No. 12184, adopted by the Council on April 24, 1962. Mr= LAND DLY&OPYMT NO. .3,, CORPORATION BY �i NO 4 d f ;4 EDMAR T. FINK AGENCY 250 SOUTH HAMLINE ST. PAUL 5, MINNESOTA May 4, 1962 Pdrs. ,Agnes H. O'Connell Office of the City Clerk 386 Court #ouse St. Paul 2, Minnesota Re: Minnesota Lend Development No. 3 Corporation Dear Burs. O'Connell: Regarding the above captioned corporation am enclosing herewith bond in amount of 010,000.00, acceptance of terms agreement properly signed and check in amount of $37.87 as per bill for publication fee. If anything further is desired pleas do not hesitate to contact this office directly. ETF /mk encl. Yours very truly, M LAND DEVELOP NT A EON Ed T. Fink, President I G� Newark, New Jersey ORIGINAL TO PAYOR t RECEIVED OF FO R no ..w �® CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT — e�— �� �, ,,. ! N4 1367 -)X" � o CITY COMPTROLLER BY 4,L- loo ds ^4 - 2nd- Laid over to 3rd and app JAII Adopted Yeas Nays Yeas Nays DeCourcy Holland DeCourcy Holland ' Loss � Loss Mortinson Peterson Peterson Rosen Rosen Mr. President Vavoulis Mr. President Vavoulis 8