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200831ORIGINAL TO C.a'' L.16�K PRESENTED COMMISSIi I Council File No. 200831 — By Bernard ���� � r T. Holland— [� CITY OF ST. recommendation Resolved, Puisuant to the pertinent 2 in t coot herValuation En- NO OFFICE OF THE ty the appeal to the District Court by Josephine C. Sebesta, from the award of damages ratified and confirmed CIL RES UTION the prior Resolution of this Coun Council File 16, 1960, in the amount ofr$9 400.008 for e' the condemnation and taking by the City of Saint Paul of the following de- scribed land of said appellant, in the matter of opening and widening Young- man Avenue between the easterly RESOLVED, pursuant to the pertinent recommendation of The Valuation Engineer, that all controversies presented by the appeal to the District Court by Josephine C. Sebesta, from the -award of damages ratified and confirmed by the prior Resolution of this Council, Council File•196291, ap- proved March 16, 1960, in the amount of $9,400.00, for the condemnation and taking by the City of Saint Paul of the following described land of said appellant, in the matter of opening and widening Youngman Avenue between the easterly north and south line of Section 15, Township 28 North, Range 23 West and the west section line of Section 22, Township 28 North, Range 23 West, as an extension of`Shepard Road; to -wit;' "Those parts of Lots 25, 26, and the east g of Lot 27, Fort Street Out Lots, lying south- easterly from a line 70 feet northwesterly from and parallel to the following described reference line: commencing, for the purpose of establishing said reference line, at a point on the easterly north and south jj line.of Section 15, Township 28 North, Range 23 West, that is 328.70 feet north of its intersection with the south line of the said Section 15; thence in a southwesterly direction on a straight line to the point of its intersection with the prolongation of the southwesterly line of Rankin Street, at a distance of 70 feet from the COUNCILMEN Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis' sm is-6o qREINP. 2 Adopted by the Council 19— Approved 19— In Favor Against 1 %J I PUBLISHED —1J / Mayor ORIGINAL TO C."�ERK ' CITY OF ST. PAUL FIOENCIL NO � �r OFFICE OF THE CITY CLERK ` n COUNCIL RESOLUTION— GENERAL FORM PRESENTED BY COMMISSIONER DATE • -3- RESOLVED FURTHER, that said prior Resolution of this Council, Council File 196291, and the pertinent item on the assessment roll therein mentioned and identified by the signature of the Commissioner of Finance and made part thereofz' be and hereby are amended so that said award of damages shall be in the amount of $14,000.00, provided, never- theless, that the operative effect of this resolution shall be dependent upon the written acceptance of the same by said appellant and the dismissal of said appeal within the period x of forty (40) days next after the approval of this Resolution, such action to be filed with the City Clerk, and such dismissal to be filed with the Clerk of the District Court within said period. COUNCILMEN Yeas Nays DeCourcy Holland Loss n Favor Mortinson Peterson 0 Rosen Against Mr. President, Vavoulis am a•ao 2 Adopted by the Council FEB 15 1981 9— approve' 19— l Mayor F • " . , 200831 . southeasterly corner of Lot 32,'Block 2, Youngman and Lamm's Addition, Ramsey Co.,_Minn., as measured along the said prolongation ", be compromised and settled, fully and forever, and that said appeal be dismissed with prejudice, upon the following bases, that said award of damages be increased from $9,400.00 to $14,000.00; that, subject to all applicable provisions, terms and conditions of the Legislative Code, upon due application therefor, said appellant be granted a City of Saint Paul permit authorizing appellant - permittee to conduct hand quarrying opera- tions for the removal of stone therefrom in an area in the Shepard Rosd right -of -way lying southerly of existing buildings on Lot 25, Fort Street Out Lots, provided that such permit shall expire June -1, 1962, and such quarrying •_operations shall not , be conducted below the- elevation to which.the_ area in said right- of =way in Lots 25 and 269heretofore has been quarried and for similar hand quarrying operations in an additional area in Lots 25, 26,and the east quarter of Lot 27, Fort Street Out Lots,, lying southerly of Stewart Avenue and northwesterly-of Shepard, Road, until June 1, 1962, and subject to the restriction that such last - mentioned quarrying operations shall not be conducted �_� below the elevation to which the area of said right -of -way in said Lots 25 and 24 heretofore has been quarried; and that in addition to all such applicable provisions, terms and conditions of the Legislative Code, extra provisions shall be made, in the nature of conditions precedent to the issuance of such quarrying permit for appellant- permittee'sm!furnishing of public liability insurance indemnifying appellant- permittee and the City of Saint Paul from all liability on account of injury to person and injury to property resultant from the exercise of such permit, require- ments for insurance to be reasonable as to the amount of coverage, which shall be fixed by the pertinent Council Resolution. r In the Matter -of Opening and widening Youngman Avenue between the - easterly north and south 1•/4!1/4 line of,Sectidn-15, Township 28 North, Range 23- West and the, west- section:line�of Section 22, Township -28 North, 'Range, 23 Wes;,�as'an extension7of Shepard Road.,by, condemning and , i taking theifollowing�16ts�and ,parce'ls.'of °land; all in the City of St: Paul: ; Commencing, ,for 'the purpose\of establishing a.refexence' line, at a point % on the easterly north. and south 144 d/4 line of Se.ctioii`75' ;'Townshi.p 28 North,. Range 23 West, that is'•328. 70• feet north of its intersection -with the 'south section line of tli6`` id Section'15, thence in a southwesterly directioni'on a ,straight. line to the point'of its intersection with the pro- longation,of the- 'southwesterly line_ of Rankin Street at a distance 'of 70 " ` feet from the' so'utheaste'rly .corner of Lot 32, Block 2, • Youngman and y I Lammts Addition as measured along the- said prolongation: I w All, those - parts of Lot 1 "1 to 15 inclusive'of F. T'. Watson�s Sub of Lot 22 - , Fort St. Outlots and Lots 7 to 12 inclusive -;of Briggs Sub`of Lot 23. Fort �. St. Outlots included between the present Youngman• Avenue ,and a line 70 ft. distant northwe - sterly "from and parallel to the. aforesaid - described reference line; also those parts.-of Lots 1 to 4 inclusive in Thauwaldts L_ Addition and Lots 24,_ 2531 -26 and Last 1/4. of Lot 27,_ 'Fort St. Outl„ots" included in the 70 ft . wide 'strip northwe sterly "of the above de scribed reference line. and extending'"from Briggs Sub -of Lot 23 Fort St. Outlots` " _ ,to °•Youngman and Lamm's Addition; also those parts• of Lots 9'to''13 in- ' clusive, Block I. .Youngman and, Lamm' s'Addition"iticluded between -the _ present - Youngman Avenue and aline X70 _ft, distant northwesterly -from and _ �•- = _ `parallel ',to'tlae'afor -said described, reference line ;'also those parts of Lots 24, 25, 26 and East 1/4 of `Lot 27,` Fort St. Outlots lying southeasterly' ' of Lbove described reference line. - Lot F: T. Watson's Sub of Lot 22, Fort St.. Outlots L -oi'C and Lots' 5 to 7 inc:Iusi). in Block 15;' Y.ouri.gman and LammTs ` Addition. s y ; Those parts of the NE l/4, of the- NW 1/4 `Section -22 and the NW 1/4 °of the NE 1/4, Section -22,. T.ownsHip 28 North,'-Range 23 West_ lying north = r _• westerly -of a line extending from the southwesterly corner of Lot 17, ' F. T. UYatsori`4s Sub of Lot 22,- Fort St. Outlots to a point' on the northeasterly - " _line of Lot 9 is Block 15, Youngman and Lamm's'Addition, that is 160 ft.' southeasterly 'of the northeasterly corner. of said Lot 9.,•,• Except, the easterly 60 feet; Lots 1 and 2;'. Block 13,'_ Youngman and • Lammas Addition. That part of Government Lot 1, Section'22, Township 28 North, Range,' 23 ' - _ � ^.. ; �V ' - - ;tom _- -' .-_? � �_ c -.• • - . West, lying between the _southwesterly line of Alton Street and the south"..- Westerly line of Elsa Place,'and northwesterly of_a'line 160 ft. southeasterly of a_ nd parallel with the• southeasterly ' lin.e -df ;Youngman Avenue. Lots 22 and 23,'- Junets Addition.' 1 _ • Y t• - r Also opening, and extending Homer. Avenue as an access road to the above extension of Shepard Road by condemning and taking a strip of land 66 ft.' in width over and across Lots 1" 2,• 3,,•and 4, Thauwald's Addition, and extending _ - from" Stewart Avenue to the aforesaid extension of Shepard Road; .the 'center line of which s' described as follows Commencing at a point on the south- easterly line of Stewart Avenue that .is the intersection of said southeasterly - line witli the center line of present Homer Avenue produced; thence in a south- • easterly direction on. a straight line at a right angle with the, -present Stewart ; Avenue to the northwesterly line of Shepard Road extension as previously dei scribed. - t ACCEPTANCF, OF COUN -CIL. RtSOLUTIONS The undersigned, Josephine S "ebesta, appellant in connection with the}above matter, does hereby consent to'and does accept'the'provisions of Council File No. 200831 and an amendment- thereto designated as Council File No. 2009,67, and does agree to abide by the+provisions thereof. Dated: March 4,. 1961, ` Josephine Sebesta.