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205165Original to City Clerk PRESENTED BY `01DIN Council File No. 205165 -- Ordinance No 12118 —By Frank L. Loss— An ordinance amending the Zonini Code, Chapters 60 to 64, inclusive, o: the Saint Paul Legislative. lde, a amended, p w ,�Jj'' 'L�tx tDo Li- 0W,R q AN ORDINANCE AMENDING THE ZONING CODE, CHAPTERS 60 TO 64, INCLUSIVE, OF THE SAINT PAUL LEGISLATIVE CODE, AS AMENDED, PER- TAINING TO USE DISTRICTS, HEIGHT DISTRICTS AND REZONING OF CERTAIN PROPERTIES IN THE CITY OF SAINT PAUL. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVA- TION OF THE PUBLIC PEACE, HEALTH AND SAFETY. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 2-0151- I �r Section 1. That the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertain- ing to Use Districts, Height -L. 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 property from "B" Residence District to Commercial District, to -wit: Lot 11, Block 20, Oak Ville Park, accord- ing to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, being located at the northeast corner of Walsh Stred; and Jessamine Avenue, subject to the follovng express exceptions and conditions: 1. That, subject to any further reclassification of the hereinabove described real estate by virtue of proceedings therefor hereafter instituted, conducted -and completed according k 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 hen6eforth 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, "B" Residence District and "G," Residence District, thereby established, and .(b)...Commercial Uses which shall include no more than the estab- lishment, maintenance and conduct of a hair dressing and beauty culture shop, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance, and without the use or employment of any adver- tising sign or placard pertaining to the same. Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk im 5 -60 06P 8 Passed by the Council Approved: Mayor Favor Against Orizinal to City Cleric PRESENTED BY ,O'RDINANCE COUNCIL FILE NO ORDINANCE NO. - 2 - 205165 2. That the owner of said real estate, within the period of 60 days next succeeding the publication of this ordinance shall file with the City Clerk, in two �2) fully exe- cuted counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said City of Saint Paul of a negative ease- ment affecting said real estate for the imposition, maintenance and enforcement of the aforesaid restrictions and limitations upon the employment and use of the herein - above described real estate, approved as to form and execution b y the Corporation Counsel and recordable in the office of the Register of Deeds. That said owner's written accept- ance and grant of negative easement shall contain additional effective provision for the restriction of said real estate to uses permitted in one or more of said Residential Districts from and after any future sale, transfer or alienation of the present owner- ship of the same, or use or occupancy of the same. 3. That, in addition to other requirements there- - for said written instrument of acceptance and grant shall incorporate a certified copy of this ordinance, and immediately upon the afore- said 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. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This'or dinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen 44,,,.gY_,_- Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) , DEC 2 9 1961 Nays Passed by the /Council (� fin Favor A gainst Attest 1W, �� e City Clerk 1M 5 -00 ,s DEC 2 9 19F` Mayor —] Duplicate to Printer PRESENTED BY -ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 205.65 AN ORDINANCE AMENDING THE ZONING CODE, CHAPTERS 60 TO 64, INCLUSIVE, OF THE SAINT PAUL LEGISLATIVE CODE AS AMENDED, PER- TAINING TO USE DISTOTS HEIGHT DISTRICTS AND REZONING OF CERTAIN PROPERTIES IN THE CITY OF SAINT PAUL, THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVA- TION OF THE PUBLIC PEACE, HEALTH AND SAFETY, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAINS Section 1. That the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertain- ing to Use Districts, Height DDistricts, 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 property from "B" Residence District to Commercial Districts to -wits Lot 11, Block 20, Oak Ville 'ark, accord- ing to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, being located at the northeast corner of Walsh Streit and Jessamine Avenue, subject to the folloWhg express exceptions and conditions: 1. That, subject to any further reclassification of the hereinabove described real estate by virtue 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 follow in g specified uses, to -wits (a) Residential District uses permitted by the regulatory provisions of the said Zoning Code, as amended, in "A" Residence District, "B" Residence District and "E" Residence District, thereby established, and (b) Commercial Uses which shall include no more than the estab- lishment, maintenance and conduct of a hair dressing and beauty culture shop, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance, and without the use or employment of any adver- tising sign or placard pertaining to the same. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Loss Tr Favor Mortinson Peterson Against Rosen Mr. President (Vavoulis) Approved: Attest: City Clerk Mayor iM a -so s Dnpllcate to Printer PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. -2.. 205155 2. That the owner of said real estate, within the period of 60 days next succeeding the publication of this ordinance shall file with the City Clerk, in two (2) fully exe- cuted counterparts, said owner's written acceptance of this'ordihanee, incorporating, among other things, said owner's grant unto said City of Saint Paul of a negative ease- ment affecting said real estate for the imposition, maintenance and enforcement of the aforesaid restrictions and limitations upon the employment and use of the herein. above described real estate, approved as to form and execution b y the Corporation Counsel and recordable in the office of the Register of Deeds. That said owner's written accept.. anee and grant of negative easement shall contain additional effective provision for the restriction of said real estate to uses permitted in one or more of said Residential Districts from and after any future sale, transfer or alienation of the present owner- ship of the same, or use or occupancy of the same. 3. That, in addition to other requirements there- for said written instrument of acceptance and great shall incorporate a certified copy of this ordinance., and immediately upon the afore- said f it ing 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. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This'cr dinance shall take effect and be in force upon its passage, approval and publication. DEC 2 9 1962 Yeas Councilmen Nays Passed by the Council ZeGeupey- Holland _6 Loss Tn Favor Mortinsan Peterson Against Rosen �Y n�CSr Mr. President (Vavoulis) Approved: Attest: City Clerk Mayor 1M 5 -60 0 qap.8 oo ! City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this gn g petition. For further information about the re- zoning of property, 205 1 4-t5 call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) �. Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of'real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to. be reclassified, petition your Honorable Body to rezone the following described property: (legal esc ption and street add ss) rom a�.. District to a /1,7 istrict, . for the pu pose of installing,.constructing and /or operating the following: (/ ds ribs brie , the roposed facility) RECORD OWNER. SIGNATUREzi LOT BLOCK ADDITION �l� C ♦ I .�..I�s� ....._.ate:/......,. , i l i / 011.i{bti V1 Ma."a Jt,V'u.; I County of Ramsey )ss ' r r being first duly sworn, deposes and states t tshe is the person who rculated the within petition consisting of- pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of `this affiant, and that the signatures above are the trie{oand correct signatures of each and all of the parties so described. Subscribf this N ota up by Commission rn to before me of / Flex County,Minn. Page / of pages. Approved as to form /2 54 Office of the Corporation Counsel Z -1 7/2/54 � � R c' s7j C 7 --f; ri rA 1, t RWA OF. %Il1, OM 011.i{bti V1 Ma."a Jt,V'u.; I County of Ramsey )ss ' r r being first duly sworn, deposes and states t tshe is the person who rculated the within petition consisting of- pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of `this affiant, and that the signatures above are the trie{oand correct signatures of each and all of the parties so described. Subscribf this N ota up by Commission rn to before me of / Flex County,Minn. Page / of pages. Approved as to form /2 54 Office of the Corporation Counsel Z -1 7/2/54 � � R c' s7j C 7 --f; ri rA 11;4 City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) D ate: %-7/p-,� TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal d cr ption and street address) from istrict to a District, for the pLurpose of installing, constructing and /or operating the following: (describe briefly the-proposed facility) RECORD OWNEr SIGNATIIRE T"r RMCK ADDITION AGAL@ VZ AR1IlI1 @SVLSJ C oun of Ramsey ) 7ss Ln-�.&ZXZm being first duly sworn, deposes and states t a he is'thd person who c rculated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties'so described. Subscribed and sworn to before me this day of Notary Public, Ransey County, Minn. My Commission expires Z -1 7/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel ,�L 110V i MAI AGAL@ VZ AR1IlI1 @SVLSJ C oun of Ramsey ) 7ss Ln-�.&ZXZm being first duly sworn, deposes and states t a he is'thd person who c rculated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties'so described. Subscribed and sworn to before me this day of Notary Public, Ransey County, Minn. My Commission expires Z -1 7/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel ,�L 110V i is City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: /d ``.0 TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified,.petition your Honorable Body to rezone the following described property: (�le/gal de ription and street add ess) om a, District to a District, .for the purpose of installing, constructing and /or operating the folio ng: (desc a briefly t proposed facility RECORD J-� R SIGNATURE LOT BLOCK ADDITION Coun y of Ramsey )$s (�l.(A 41being first duly sworn, deposes and states that he is the person who c rculated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each•name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me this day of Notary Public, Ramsey County, Minn. My Commission expires Z -1 7/2/54 Page % of pages. Approved as to fo 7/2/54 Office of the Corporation Counsel 011.15, '13 e.� r Ni" f. City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date :/0 / P•- 6 TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (lega description and street addr s) � A 'f District to a District, for the p pose of installing, constructing and /or operating the following: (desprijb& briefly the posed facility •RECORD OWNER7 SIGNATURE LOT BLACK ADDITION ozaze o= minnesoza)ss County of Ramsey -Q being first duly sworn, deposes and states , r that he is the person who c rculat,ed the within petition consisting of L G pages; that the parties described above are the owners respectively of t— hej�lo —ts placed immediately following each name; that this petition was signed by each of said owners in the presence of this'affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before-me this day of Notary Public, Ransey County, Minn. My Commission expires ' Z -1 ?/2/54 Page l of pages. Approved as to form 7/2/54 Office of the Corporation Counsel i F. a�w Z I i \\` . � NO I Ono K SPA 1 ozaze o= minnesoza)ss County of Ramsey -Q being first duly sworn, deposes and states , r that he is the person who c rculat,ed the within petition consisting of L G pages; that the parties described above are the owners respectively of t— hej�lo —ts placed immediately following each name; that this petition was signed by each of said owners in the presence of this'affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before-me this day of Notary Public, Ransey County, Minn. My Commission expires ' Z -1 ?/2/54 Page l of pages. Approved as to form 7/2/54 Office of the Corporation Counsel i F. a�w City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (1egal /de c ption and street ad�lres��� from a, District to a istrict, for the pu pose o installing, constructing and /or operating the following: ` (de tribe briefly �jie pd facili 'Y) I RECORD OWNER SIGNATURE LOT BLOCK ADDITION �ca�e of m1nIIG's3vLSJ County of RZ,'L ss et-ZdJ being first duly sworn, deposes and states that he is the person Aho circulated the within petition consisting of pages; that the part es described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in theYpresence of this affiant, and that the signatures above are the true.and correct signatures of each and all of the parties so described. Sub "d nd sworn to before me this , Co �'? d�y of j R r -Notary Publi �p� ,County, Minn. My Commission e " Page of pages. °e2 'hi Approved as to form 7/2/54 9 j9 Office of the Corporation Counsel Z -1 7/2/54 t: � WmA AR ' n amd 1 1 W / ■-- �ca�e of m1nIIG's3vLSJ County of RZ,'L ss et-ZdJ being first duly sworn, deposes and states that he is the person Aho circulated the within petition consisting of pages; that the part es described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in theYpresence of this affiant, and that the signatures above are the true.and correct signatures of each and all of the parties so described. Sub "d nd sworn to before me this , Co �'? d�y of j R r -Notary Publi �p� ,County, Minn. My Commission e " Page of pages. °e2 'hi Approved as to form 7/2/54 9 j9 Office of the Corporation Counsel Z -1 7/2/54 1� d• DEED OF NEGATIVE EASEMENT AND ACCEPTANCE ,T- OF ORDINANCE THIS INDENTURE, made and executed this 5th day of February , 1962, by and between Luella Efemovich, unmarried, of the County of Ramsey, State of Minnesota, here- inafter designated "the first party ", and CITY OF SAINT PAUL, ° hereinafter designated "the second party ", WITNESSETH: WHEREAS, the first party, on andefor a considerable co period,,of time next preceding the 29th day of December, 1961, was_ and ever since said date has been the owner, in fee simple, of all of the following described real estate situate in the City of Saint Paul, County of Ramsey, State of Minnesota, to-wit: E -46 i115 16y�� Lot 11, Block 20, Oak Ville Park, according 2 ; L i to the plat thereof on file and of reco ?d EUGENE A. 14 ONICK, in the office of the Register of Deeds in Auditor, Ramsey County, Minnesota and for Ramsey County, Minnesota, being lo- BY �J cated at the northeast corner of Walsh Depu +y' Street and Jessamine Avenue; WHEREAS, said real estate on said date and for a consid- erable period of time next preceding the same, was zoned and classified in "B" Residence District under and by virtue of City of Saint Paul Building Zone Ordinance No. 58+0, as amended, Chapters 60 to 64 inclusive, Zoning Code, Saint Paul Legislative Code, and pursuant to the petition of the first party the Council of the second part, according to the pro- visions of said Building Zone Ordinance and said Zoning Code and the Statutes of the State of Minnesota, in such cases made and provided, with the written acquiescence of the owners of two - thirds of the several descriptions of real estate situated within 100 feet of said real estate, duly enacted City of Saint Paul Ordinance No. 12119, approved December 29, 1961, and published in the Official Newspaper of the second party on the 6th day of January, 1962, amending ►.C7 said Ordinance No. 5840, as amended, and said Building Zone aOrdinance and said Zoning Code, so that said hereinabove des - cribed real estate was thereby and thereunder rezoned and reclassified from "B" Residence District to Commercial District, CD a subject to especial exceptions and conditions in the nature of r especial restrictions upon the use of the same whereby the use and employment of said hereinabove described real estate was restricted to the following uses and employments, subject to further rezoning and reclassification of the same by virtue of proceedings therefor thereafter instituted, conducted, and completed, according to applicable provisions of said Ordinance No. 5840, and said Building Zone Ordinance and said Zoning Code, and of Statutes of the State of Minnesota, to -wit; (a) Residential District uses permitted by the regulatory provisions of the said Building Zone Ordinance and said Zoning Code, in "A" Residence District, °B° Residence District, and IIC" Residence District, thereby estab- lished, and (b) Commercial uses permitted by the regulatory provisions of said Building Zone Ordinance and said Zoning Code in a Commercial Dis- trict, hereby established, which shall in- clude no more than the establishment, maintenance and conduct of 'a hair dressing and beauty culture shop, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance, and without the use or employment of any adver- tising sign or placard pertaining to the same. 11HEREAS, the first party, for herself, her heirs, adminis- f trator!s, executors and assigns, intend hereby to accept said Ordinance No. 12119, and to provide for the imposition, maintenance, and enforcement of such especial restrictions upon the use of said hereinabove described real estate to run with the land and to grant unto the second party in further compliance with the conditions of said Ordinance No. 12119, a negative ease- ment therefor; 2i= NOW THEREFORE, the first party, as such owner of said m CC) hereinabove described real estate, for herself, her - heirs, too administrators, executors, and assigns does hereby covenant pp and bind herself, her heirs, administrators, executors and i� assigns unto the second party that, in accordance with said Building Zone Ordinance and said Zoning Code, particularly as the same has been amended by said Ordinance No. 12119, said real estate has been effectively restricted and limited in respect of its use and employment and shall henceforth be restricted and limited in such particulars as follows, to -wit: That, subject to any further reclassification of hereinabove described real estate by virtue 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, "B" Residence District, and "C" Residence District, thereby established, and (b) Commercial uses permitted by the regulatory provisions of said Building Zone Ordinance and said Zoning Code in a Commercial District thereby established, which shall include no more than the establishment, maintenance and conduct of a beauty shop, subject to all applicable Statutes, Ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance, and without the use or employment of any advertising-sign or placard pertaining to the same. and the said first party, for herself, her heirs, administrators, executors, and assigns hereby grants, conveys and warrants unto the second party, said City of Saint Paul, as such municipal corpor- ation, in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove described real estate and all thereof, for the imposition, maintenance, and enforcement by the second party, as such municipal corporation, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run 3 with the land, and for good and valuable consideration, the C7.) receipt and sufficiency whereof by the first party hereby is W LD `¢ acknowledged. FURTHER, the first party makes reference to said Building 0 Zone Ordinance No. 5840 and said Zoning Code, as amended, and 0 by reference incorporatesthe same herein, as part hereof, with the same intent, purpose and effect as if said Building Zone Ordinance and said Zoning Code were fully set forth herein; and makes further reference to said amendatory Ordinance No. 12119 and to the duly certified copy of the same hereto attached and hereby incorporated herein by reference as part hereof; and said first party, for herself, her heirs, admirfstrators, execu- tors and assigns, hereby accepts said amendatory Ordinance No. 12119, and every provision, term, and condition of the same without reservation or exception. IN TESTIMONY WHEREOF, said first party, Luella.Efemovich, has,set her hand to this instrument as of the day and year first above written. c In the Presence 'of Luella E movich 2a --4 •� 4 with the land, and for good and valuable consideration, the C7.) receipt and sufficiency whereof by the first party hereby is W LD `¢ acknowledged. FURTHER, the first party makes reference to said Building 0 Zone Ordinance No. 5840 and said Zoning Code, as amended, and 0 by reference incorporatesthe same herein, as part hereof, with the same intent, purpose and effect as if said Building Zone Ordinance and said Zoning Code were fully set forth herein; and makes further reference to said amendatory Ordinance No. 12119 and to the duly certified copy of the same hereto attached and hereby incorporated herein by reference as part hereof; and said first party, for herself, her heirs, admirfstrators, execu- tors and assigns, hereby accepts said amendatory Ordinance No. 12119, and every provision, term, and condition of the same without reservation or exception. IN TESTIMONY WHEREOF, said first party, Luella.Efemovich, has,set her hand to this instrument as of the day and year first above written. c In the Presence 'of Luella E movich 2a --4 0 tN STATE OF MINNESOTA ) W 00 COUNTY OF RAMSEY On this _� day of , 1962, before me a Notary Public, within and for said County, personally appeared Luella Efemovich, unmarried, to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. AAZA ti `� °�', Notary Pub �%J gnsey County, Minn a' •F r i p. � rt C } 1 fy4•9. spy�GC' My commission, s "'Y/ -5, a !96 S" DEED OF_ NEGATIVE' EASEMENT AND ACCEPTANCE ,` + -- OF ORDINANCE THIS INDENTURE; made and executed this, nth day of _ February , 1962, by and'between,Luella Efemovieh, unmarried, of _the Cotinty of, Ramsey,- State: of Minnesota, here inafter designated "the . first- .party "; and CITY OF. SAINT PAUL; '- - _ hereinafter desi gn ate -d seco_ nd a:. " , WITNESSETH s i .• , , WHEREAS the first party,- on'and for -a considerable period of time .,next „preceding the-29th -day -of December, i961, ' waec: and ever, since said date, ,has been the owner, - in fee ' 'simple)•of all of the following deseribed'real estate,situate in the City of Sdint'Paul, County of Ramsey, State of Minnesota., - . • -. - to -wit-: - ' ' - ; ; : ' - . • - • ' i - Lot 3.1. 'Block 20, Oak' Ville- Park, according _ =to the plat thereof on file and of recoed , in ,the 'office of..the Register of Deeds in = and for Ramsey County, -Minnesota;= being_lo- eated, _at .the northeast corner -'of - 'Walsh - - Street and, - Jessamine Avenue' _ - WHEREASs, said real, estate on said' date and for a' 6onsid- - erable period of time next preceding- the,- same, was zoned. and classified in "B” Residence .District ,under and by, virtue of _. City of Saint - Paul. Building ,Zone Ordinance No-. 5840, as amended, _Chapters "60 t o 6 inc naive, .Zoning Code; Saint Pahl • . ' _ , Legislative. Code,', and` pursuant to the' petition of _the first party the Coun'dl of ,the' second- part,. according to the `pro- visions, of -said • Building ` Zone Ordinance' acid said Zonings Code' and the- Statutes of the­ State of Minnesota; in such -cases made' and- provided, with the •written, acquieseence . bf the ' ownexs of two - thirds_, of the several .descriptions• of real estate situated within 100 feet of said` real. estate,,, duly- enaeted,,City of Saint Paul Ordinance No. 12119, approved December. 29., 1961,'•and published in the Official Newspaper of the sec=ond .party on the ;8th day: of .January,, -1962, •amending said Ordinance No: -5840; as "amended., and said Building Zone ` Ordinance and said 'Zoning Code, , so that said hereinabove des- " , cribed real estate -Was ,thereby said thereunder .rezoned and ; reclassified from • "B" , Residence- Dis'triat , to •Commercial District, subject to especial - exceptions and conditions in the nature of especial restrictions upon ,the use o,f'the'same- whereby the use • .ti employment _ of said hereinabove described " real estate waer, restricted-to the following uses and em oyments,' subject, to , further re-toning and' reclassifi nation • of. =the ;,same by virtue ' Of proceedirigs therefor ,% tliereafter 'instituted, .conducted; and oompleted-, aocording to applldable' provisions of said Ordineinae No. 684O,- `_&nd' said Building . Zone Ordinance and said Zoning Code,." and of Statutes "of., the .State of Minnesota'; to -wit: (a) Residential District. uses permitteo- by "the. regulatory provisions of the said Building Zone ,Ordinance and-said Zoning Code; In "A" -Residence District:, "Bp Residence�Dis trio t, - and "C" Residence 'District,, thereby , estab - . lishcd, and - ... y (b) - Commercial uses - permitted -by the regulatory provisions, of said Building -Zone Ordinance .. and said Zoning - Code • in .a- Commercial= • Di s- trict, hereby established,, which shall in- elude no more than1,th6, establishments' maintenanoe ' and -oonduot.'oi;, a hair dressing and beauty.culture shop; subjeet'to all ' applia -able - -statutes,} orUnances, rules' and • - r- { -regulationd_presor pn ated -by. Y governmental " "agencie$'havng cognizance, and ,Without the use or employment of any adver- ; tisame s 3ng `signr -ar plaoard,ertaining' to 'the '` • IIHEREAS, the first 'party, for herself,, her „,heirs, adminis- . tratobs, executors and 'assigns, intenj .hereby to,, accept, said- --Ordinance., No..' 12119,, and tb" provide for the iinposition, ,maintenanoe, and enforcement of such especial restriotion ,.upon_ the;use 'of•, said hereinabove described _real restate to, run ,vi-th the land and to grant .unto. the second party in further compliance with the oonditions- 'of said Ordinanee•No. 12119,, "a' negative ease- _ m6nt therefor: ` 7 NOW THEREFORE., the.1 first party,_ as suc.4 owner of said hereinabove described realy estate, for herself,. her heirs,, '�.i,.«'P `i�• �`�'� �•1Fi'�.d`'?�. 1`'S, i � ;r s' Lr��i' � : -� n -`ck� '.'X •f`r administrators, executors, and assigns does hereby covenant and bind herself, her heirs, administrators, executors and •' S i' -^ lap. > Y f :tom \ w .. 1a'! 71 i` y "" i'r• .. w ._ -. .i •e3i 4 .,.3 +:•ir ,i. Zl� ".F� .l> - �Y.' ii Z..t;. assigns unto the second ,party , "that, in accordance with_ said, Building Zone Ordinance and said ,Zoning Code -, particularly w. V,�' ..,.x.tc,:�at� �J�,i -,',r` �'i�� -ray+ ASP "i• .i�,lfr �1:: �, }.t. �• -... 's �� .�; f "� as the same '_'Ml been amended byssaid Ortdinanee. No,,. '1,2119,.; C. .� " � f '14- t aid, r,. e,,, al estateq has, been, effectively ,re strieted: and, limited_, in respect{ of _� is use and employment and, shall , henceforth be, restricted and limited in such ;particulars,as. follows,, to -wit. That,, subject to any further reclassification; of, n hereinabove described read. estate by 'virtue"of sir _proceedings therefor_,hereafter� instituted, conducted _ 1 and cdii i1`eted according to- appl3eabl'e provisions of ' said Zoning Code- ,_as,amended,_and applieable.provisions t G °`� ; `of the, _St atutes of 'tYie State`' of 'Minnesota; hereby, the rf employment'of said . real estate henceforth is..restrieted 41 andslimited`to the following specified uses, 'to -w1ts (a). Residential rDistrict.uses,permitted by the Regulatory provision °s� oP" tYie said 'Zoning Cbde, as amended, in "A" Residence District, ,''B" Residence District, . and - "C:', a . Residence "DistriCt;`thereby "established, and (b)�Commereial uses permitted,-by the regulatory provisions of.,said Building Zoiid` Ordir arice "and 'said' Zoning Code in a- Commercial" District thereby established, which shall include no more than the 'est"i1shment, maintenance and conduct of a beauty shop, subject to all applicable Statutes, Ordinances, rules and ,,regulations prescribed and promulgated by governmental agenei�s havig`cognizanae, and without the use or employment of any i5iilv`erlt�i`sing sf/ gn br placard pertaining= to, the same - '4 r' Y'...v�.- .•�.'.:���1�: �.�.y�b"4��t•ly.�lir�..-`� :.,xc -r; v:• +'^ .- .-n��•y ••af1u an•. `,e :.: t •. RR and, they ssaid first party, for herself, her heirs,t administrators, eaecito`rs' and -asst gnaj4reby grants, conveys and warrants unto the second party, said City of Saint Paul, as such municipal corpor- ation, in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove described real estate and all thereof, for the imposition, maintenance, and enforcement by the second party, as such municipal corporation, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run 3 q."# STATE OF- .MINNESOTA -) ; COUNTY -OF RLMSEY _r ). _ . , - - k• _ l On this -day of 962; before" me ` ` = a Ndtbry Public, .within and for -said - 'County; personally appeared- -Luella Efemovich, uninarried, _ to "me known. to be the , person = . described- in, and who "exeQUted- the "foregoing: -instrument,, and i _ acknowledged' that she execqted' the •same _as her- fre -e -act and - ' . �- . , _ _ : .. . • ._._ _ . . ,deed. _ No y, Pub c, agy County, Minn, My oommission e 1' ,. � it . . Y' i r C. + + • _ • - f _ i '_' - , ,_ t ''♦ a `•' ,' � v ' .. • - • -Y -'• 1 J-1 � -r Saint Paul, Minnesota, January 8, 1962. a To the Honorable, the City Council, Saint Paul, Minnesota. Gentlemen and Madam: We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 205165, adopted by the Council on December 29, 1961. t �i G�L� ORIGINAL TO CITY CLERK PRESENTED BY COMMISSIONER CITY OF ST. PAUL OFFICE OF THE CITY CLERK CIL RESOLUTION - GENERAL FORM o COUNCIL �� '• FILE NO• — RESOLVED, that Dependable Surfacing Co. be permitted to construct a 7 -ft. chain link fence with 2 -ft. of barbed wire on top, around the storage lot on Edwards Street between Chicago and Indiana Avenues, to protect their property and equipment from trespass and vandalism, said fence to be constructed under•the di- rection and to the satisfaction of the Commissioner of Parks and Recreation and Public Buildings. Council File ; No. 205166 —By Frank L. ss- Resolved, That Dependable Surfac -, In Resolved, Co. be permitted -to construct a 7 -ft. chain link fence with 2 -ft. of, barbed wire on top, around the storage I lot on Edwards Street between Chicago and Indiana Avenues, to protect their property and equipment from trespass i and vandalism, said fence to be con- structed under the direction and to the satisfaction of the Commissioner of Parks Band Recreation' and Public r B Adopted by the Council December 14, 1961. Approved December 14, 1961. (December 16, 1961) ,4 COUNCILMEN T Yeas Nays DeCourcy Holland ' - Loss In Favor Mortinson ` Peterson Against Rosen Mr. l ISM 6-61 �� 1 Adopted by the Council 19— ige I A �A,'ffi Approved zi 19— Mayor OFFICE 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; � � MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder 120510 Dec. 12, 196 *to .cQ� c 1961 oV, The City Council requested that you prepare a resolution granting the attached request of Dependable Surfacing Co. for permit to construct a 7 -ft. chain link fence with 2 ft. of barbed wire on top, around the storage lot on Edwards St. between Chicago and Indiana, to protect their property and equipment from trespass and vandalism, as described in the attached letter of the City Architect. Very truly yours, ;V, City Clerk CITY OF SAINT PAUL — MINNESOTA 8, ` CI�T ENT 0. F P OF SAINT PAUL; Capital of Minnesota EATION"' ,a P IBLIC BUILDINGS l' E51t.- , "�'JTAIA� A. COMMISSfdN .� - - _..iR ."T,�A •'ri�,�,,.'� r. ,+iv. .� +� a'. �,.it "kry � - .iF _ .w !_ _ .. I�wF 1� .�t�' r•.t. BUREAU OF PUBLIC BUILDINGS ALFRED H. SCHROEDER, City Architect 445 City Hall, Zone 2 CApital 4 -4612 Ext. 361 December 12, 1961 Hon. Council City of Saint Paul Dear Council Members: An application by R. M. Winkel of Dependable Surfacing Co., 51 West Indiana Avenue, has been referred to this office for investigation and report. This is a request for permission to construct a seven foot chain link fence with two feet of barbed wire on top, to be erected around the storage lot on Edwards Street between Chicago and Indiana, to protect their property and equipment from trespass and vandalizm. Our building inspector advises that he can see no objections to this installation. Therefore, it is recommended that the Building Department be authorized to issue a permit for this fence. of Yours truly, Al ed H. Schroeder C Y ARCHITECT AHS .� Dec. 5, 1961. TO THE CITY COUNCIL: Gentlemen and Madam: We hereby request permission to authorize the construction of a 7 foot chain link fence with two feet of barbed wire on top thereof, around our storage lot on Edwards Street between Chicago and Indiana, to protect our property and equipment from trespass and vandalism. We regret that we installed the fence without knowledge of the fact that a Council permit is required. We further request that the barbed wire installation be permitted on the perpendicular rather than pointing inward or outward. Very truly yours, 9---, Council File No: 205165— Ordinance Nc 12119 —By Frank L. "Loss- An ordinance amending the Zonini Code, Chapters 60 to 64, inclusive, o the Saint Paul Legislative Code, a amended, pertaining to Use District: Height Districts and rezoning of certah 1 A properties in the City of Saint Paul This is, an emergency ordinance ren ++, dered necessary for the preservatioi Of the public peace, health and safety The Council of the City of Saint Pau Does Ordain: SECTION 1 That the Zoning Code, Chapters 61 13 to 64, .inclusive, of the Saint Paul Legis ative Code, pertaining to Use Districts Height Districts, and Rezoning of cer ., tain properties in the City of Sain' Paul, as amended, be and the same his hereby further amended so as t( lfl a! rezone the following described propertl from 'B" Residence District to Com• r1mercial District, to -wit: ! Lot 11, Block 20, Oak Ville Park, �{- according to the plat thereof on file `!)F and of record in the office of the Register of Deeds in and for Ram- sey County, Minnesota, being lo- cated at the northeast corner of Walsh Street and Jessamine Ave - Q ap nue, 11 subjeot to the following express except. `1 tions and conditions: 1. That, subject to any ,further reclassi. fication of the hereinabove described real estate by virtue of proceeding: therefor hereafter instituted, con- ducted and completed according tc 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 follow. ing specified uses, to -wit: (a) -Resi. dential District uses permitted , by the regulatory, provisions of the said Zoning Code, as amended, in "A' Residence District, "B" Residence District and "C" Residence District thereby established, and (b) Commer- cial Uses which shall include no more than the establishment, maintenance and conduct of a hair dressing and beauty culture shop, subject to all Nstatutes, ordinances, rule; and regulations prescribed and prom �•c mulgated by governmental agencies �.+•� P having cognizance, and without the W use or employment of any advertising Lo Sign or placard pertaining to the tQi same. 2. That the owner of said real estate within the period of 60 days next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully executed counterparts, said owner's written ac. ceptance of this ordinance, incorpo- rating, among other things, said own- er's grant unto said City of Saini 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, ap- proved as to form and execution by the Corporation Counsel and record- able in the office of the Register of Deeds. That said owner's written acceptance and grant of negative easement shall contain additional effective provision for the restriction of said real estate to uses permitted in one or more of said Residential Districts from and after any future sale, transfer or alienation of the present ownership of the, same, or use or occupancy of the same. 3. That, in addition to other require- ments therefor said written instru- ment 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 counter- =thereof to be filed of record the office of the Register of Deeds in and for Ramsey County, Minnesota. SECTION 2 This ordinance is hereby declared to be and emergency ordinance rendered necessary for the preservation of the Public peace, health and safety. SECTION 3 This ordinance shall take effect and be in force upon its passage, approval and publication. Passed by''the Council December 29, 1981. Yeas — Councilmen Holland, Loss, Mortinson, Peterson, Rosen, Mr. Presi- di t (Vavoulis) -6. P - / STATE OF MINNESOTA , County of Ramsey SS. CITY OF SAINT PAUL Yfrs, Agnes H. O'Connell, I ---------------------------------------------------------------------- - - - - -- City Clerk of the City of Saint Paul, Minnesota do hereby certify that I have nc 205165, being � U t Ve * j !L� copy of Council File No ............ ............................... nce O. as adopted by the City Council ..........._�cembe.. 29, 19 61 and approved by the Mayor--- ------- - - - - -- --December 29 , ---------------- 19..61....... with the original thereof on file in my office. - -------------------------------•--------•-----------"----------------- I fu&;�yt-11ler,Fertify that said copy is a true and correct copy of �j 6*nc'. "orig ;,an tfhg3`AV "ple thereof. TNESSylh'ariti'aJkithe seal of the City of Saint Paul, Minn., 8ti3 "d'> iof'� February, 62. M�fi , 19 -+.-r A �. l �' c io22r.tS r . d if, Cilty Cle t'W ^ , �/$ ��1 �YAP y,rr4 L� • � CITY OF SAINT PAUL CAPITAL OF MINNESOTA DEPARTMENT OF FINANCE BERNARD T. HOLLAND, Commissioner WILLIAM W. ROONEY, Deputy Commissioner 113 Court House, Zone 2 CApital 4.4612 October 30, 1961 To the Council City of St. Paul Gentlemen: yo-f "/,",6.r ELTOR A. DEHN Valuation Engineer CLIFFORD M. NYSTROM Chief Cashier I have checked the attached petition, filed in the matter of rezoning Lot 11, Block 20, Oakville Park. Northeast corner of Jessamine and Walsh, from "B" Residence District to Commercial District, and find that said petition is sufficient. CH cp C.C. Mr. Schroeder, City Architect Yours very truly, BERNARD T. HOLLAND Commissioner of Finance 0 OFFICE 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: MRS. AGNES H. O'CONNELL Ci +y Clerk HAROLD J. RIORDAN Council Recorder Dec. 7, 1961 20,516t! The CiV Council requested that you prepare an ordinance granting the attached petition to rezone Lot 11, Block 20, Oakville Park Addition, situated at the northeast corner of Walsh St. and Jessamine Ave., to Commercial Districto subject to negative easement for use of the property for beauty shop only. Very truly yours, CITY OF SAINT City Clerk trp 42% Cg � DEC S 1961 CQRPOUA` 101, COUNSEL PAUL ,,M-INNESOT s - ::;::RsR D OF ZONING,- CITY OF SAINT PAUL #7ti(IlNsfill; 251_252-253 171$ CITY HALL AND COURT HOUSE SAINT PAUL Z, MINNESOTA December 7, 1961 r Mrs. Agnes H. O'Connell City Clerk J Building Dear Madam: l This is in the matter of-the-petition of Mrs. Luella Efemovich to rezone from "B" residence to commercial district property located at the northeast corner of Walsh Street and Jessamine Avenue.- The property is described as Lot 11, Block 20, Oakville Park Addition. On October 30, 1961, the Commbsioner of Finance reported the petition sufficient with the owners of 9 of a possible 13 (69.2%) tracts of land within the prescribed 100 foot radius having signed the petition. The site is presently developed with a single - family residence which the petitioner proposes to remodel to permit the installation and operation of a beauty parlor in the basement. The site has a frontage of 40 feet along Walsh Street and 121 feet along Jessamine Avenue, resulting in a total area of 4,840 square feet., The surrounding area uses are entirely single and two - family in character. The Board of Zoning considered this matter at their regular meet- ing on November 16, 1961, and recommend the granting of the peti- tion to rezone the above described property to commercial district subject to- a Negative easement limiting the commercial use to that of a beauty shop only. ' Sincerely, tq.c.%r Q H. C. Wieland Secretary Board of Zoning HCW :FGI Encl. Z. F. 4827 OFFICE OF CITY CLERK "BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota oct. 19, 1961. MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder Hon. Bernard. T. Holland, Comsr. of Finance. Dear Sir: The City Council referred to youlfor check the attached petition for rezoning Lot 11, Block 20, Oakville Park, also known as 741 E. Jessamine Street, from a Residential to a Commercial:District. Vey tr yo> ity Clerk `: (k4. i Aj !Fr, CITY OF SAI NT PAU-iL- MI NNESOTA i:' Is 2n - - Laid over to 3rd and app Adopted Yeas Nays Yeas Nays DeCourcy Holland Holland Loss 0 Loss Mortinson / Mortinson n Peterson Peterson Rosen Rosen v Mr. President Vavoulis Mr. President Vavoulis / s 205 -lb5