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201485� - Y •� 1 C e RESOLUTION RATIFYING AND CON- FIRMING CONDEMNATION AND AWARDS OF DAMAGES AND ASSESSMENT THEREFOR RESOLUTION RATIF 1T - Council File No. 201485 — 1 CONDEMNATION AND 4 In the matter of condemning and "AND •11ep.f WOE f�J'i '�` nfir�'ei1DI6 ASSESSMENT T- j ;EWFOR -'L, - 91�` 2n'485 9b r In the matter of._Cpxldlemnin &.. and. - taking- •- an-- .easemer,7t,- -in -- the ... and ..necnssary..fnr__.slnpea ?.- cuts and fills, including right of removal of lateral support from subject land or remainder thereof occasioned by excavations thereof or construction of slopes in grading and surfacing with bituminous material the alley in Block 28, Anna E. Ramsey's Addition, Enlargement of, from Griggs Street to Ashland Avenue. under Preliminary der - -. - -- _19._$63$ . .............! - - -. 1'Y ------- - - - - -- approved_. A.Uguat.- � 3 -.,-_ 19.60-...................................... ' Intermediary Order--------- - - - - -- 19. 92Z 2-------------- :.i...-------- - - - -., approved-- 0ctober-- 11a - -. 196---------------------------- - - - - -- Y.. 1995711 Final Order - approved._ 8, 1960 ---- - - - - -- A public hearing having been had upon the taking and condemnation of the lands or easements therein, for the above improvement, and the awards ,of damages therefor, and also upon the assessment of benefits therefor, and the Council having duly considered the same, now therefore be it Resolved, That the taking and condemnation of the lands described in the annexed assessment roll, identified by the signature of the Commissioner of Finance, and made a part hereof, and the awards of damages to the owners of such lands for said taking and condemnation as set forth in said assessment roll, be and the same is hereby in all respects ratified and confirmed. Resolved further, that the said assessment of benefits, be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court for confirmation. Be it further Resolved, that the said assessment be and it is hereby determined to be payable installments as to each parcel of land described therein. File 1501414 Councilman Councilman Councilman Councilman Councilman Councilman Mayor Adopted by the Council ...... -5 __ -law............ City Clerk AVM 5 19% ..._ . .._..In Favor .._ against Approved - - - -- - - ---- - - - - -- ------ - - - - -- ----- - - - - -. .1: 2M I 5 L r ti A i , t REPORT OF COMMISSIONER OF FINANCE ON CONDEMNATION OF LANDS 2097 In the matter of Tor1a _Q_m_DJ-n9- and- I. Aldng _Em - e-a3-erae�nt _ in- 1hQ.land_nPc. PGsary-X =- slopes, cuts and fills, including right of removal of lateral support from subject land or reaminder thereof occasioned by excavations thereof or construction of slopes in grading and surfacing with bituminous material the alley in Block 28, Anna E. Ramsey's Addition, Enlargement of, from Griggs Street to Ashland Avenue. under Preliminary Order__198638 - - - -- approved -1969 --------------------------- Intermediary Order ------1- 9--9-2- 7-2 - - - - -- a pp roved_ October 81,_1960 -------------------------- - Final Order _____________ 199571 - - -- approved_ November 8jL_1Q60 -------------------------- TO THE COUNCIL OF THE CITY OF SAINT PAUL: The Commissioner of Finance hereby reports: That he has fixed and determined the value of the land, lands or easements therein taken and appro- priated for the above improvement and the amounts of the awards of damages therefor to the owners thereof, and the persons to whom such awards are payable; that he has also fixed and determined the amount of benefits to property, from the making of said improvement, not exceeding the cost there- of, and that hereto attached is an assessment roll entitled as above and identified with the signature of the undersigned, containing the undersigned's finding on said matters. p � ------ - - ------`- --- - -�'- ---------- - - - - -, - Commissioner of Finance. PUBLISHED N _ • OFFICE OF CITY CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota Hon. Milton Rosen, Comsr. of Public Works. Dear Sir: March 29, 1961. MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder 0, The City Council laid over to April 5th for further discussion a Resolution condemning an easement for slopes, cuts and fills in connection with grading and surfacing an alley in Block 28, Anna E. Ramsey's Addition, and referred to you the attached petition and plat. You will recall that Mr. Thomas Brennan, attorney for the objectors, alleged that a plat prepared by Mr. Armstrong differs from the survey plat of the city. Very truly yours, / m City Cler� 1 MINNESOTA F<:> i Z. it - • - . - ate. - . Y } r -�_, . - •V' n TO THE CITY OF SAINT PAUL,- ITS CLERK, and CITY COUNCIL, Court House,. St. Paul, Minnesota OBJECTION TO ASSESSMENT FOR AND- AWARD OF DAMAGES FOR ASSESSMENT'FOR CUTS AND SLOPES - BY OWNERS ADJACENT TO ALLEY -WAY ` ALSO d PETITION FOR REHEARING• WHEREAS, the undersigned'are ownerslof'�real estate bordering the alley between Portland and Ashland Avenues which alley extends from. - Griggs Street,, Westerly to Ashland Avenue, in Block 28, Anna E. 'Ramsey's Addition, in the City' of St. Paul, Minnesota, and WHEREAS, it appears from a survey by Franklyn J. Armstrong, a registered surveyor, on March 28, 1961, that -the survey of'said alley- way by the Public Works Department of the City of St. Paul upon which the City Council of the City of St. Paul passed its Orders No. 199272 and 199574 and upon which a public hearing is- scheduled for the 29th day of March, 1961,, was erroneous and does not ,accurately represent the location of improvements,,- betterments, trees, etc., and ► WHEREAS, if the. proposed grading and paving of said alley -way and ,the removal of trees according -to the plans of the Public Works Depart- ment is carried through, the assessed valuation by the Office of the Commissioner of Finance of $1.00 per owner and the appraised valuation of benefits of $1.00 per owner is inequitable and a substantial violation. of the rights' of the undersigned proper owners,,, and WHEREAS, the property owners particularly call,to the attention of the City Council,,,�V that portion of said survey by Franklyn J. Armstrong, showing the location of a cottonwood tree,` the approximate diameter of ` 4 feet upon the property of Eugene F. Ring whose wife is identified as Merrian E. Ring, an employee of said Public Works Department, and one of the three_peti.tioners for the proposed improvements to said'alley -way,, and WHEREAS, the undersigned owner of Lot 14 in.Block 28 of Anna E: r� Ramsey's Addition has 4 trees which are.-to be removed which removal will dissipate the value of said lot far in excess of the $1.00 damages awarded, and • , `\ " w 1, ^ • • ;^ S C ; ~ ! ! 3' - - y. A • ., ` n -, , • ' , i WHEREAS, it- appears.- from- the 'plat- plan`of -the Public ,'Works Depart - t ment pertinent to these proceedings,,'that_a� tool shed belonging to the _ undersigned, A. - H.` Buehler', on' lot _12 of said Block, E�s i �artially -upon the alleged right- of- way'of�said'alley; that' the 'removal of said shed would 'damage his property far in excess of the amount of damages awarded. _ .`-NOW, THEREFORE, the undersigned hereby 'object to'the award•of ; ' damages and the assessment for benefit as made by the Office,of the Commissioner of Finance for the above stated,reasons and''for other reasons, and the undersigned petition the City Council of the City of Saint.Paul �'. for a rehearing of ,the proposed grading and-surfacing of ' the said' alley -- _ -• - - - - way together-with-the-other improvements planned therefor based upon'the erroneous survey of, said alley -way and upon the inequities.of. the situa- - tion, 'and WHEREFORE, -the undersigned, at this time(ggivednotice to the City Council of their objection to the proposed assessment fo said.allay -way. Address Address - IL Address Address _ Address Address .Address ;S �� • � _ -Address ` . L 1 • A' Address(/ 7� - address.. Ad Address -- Address Address :Address - a Y •_ Addr+es CL Address ` - • 1 GEORGE`1 . SHEPARD C I T Y O F S A � N ; � � � EDGE STREET AND HIGHWAY , T "�'�''����, _ I CHIE ,.__ O ENGINEERING COORDINATOR �"k Z .3 j••� T' O Ij i��i {'Capital of Minnesota DEPARTMENT # OFPUBLIC�WORKS =� e man "Iti 23A. -fir" Y Hdll;& =Court H4 uses (�2)_ � .-A . IE V. AVERY ENGINEER :OTTEf2` INTENDENT OF SANITATION r I MJLTON ROS 3i :ai i, - '�.,, Commissioned' iiU , t�.l 6 . - a r-... °'q; i►�......x v{' ...WI`L�IAM P. BEHRENS - �- - 1 _ _ -. D �..� - Deputy Commissioner— I i April 5, 1961 Hon. George Vavoulis, Mayor and Members of the City Council City of Saint Paul Dear Sirs and Madam: The City Council laid over from March 29th to April 5th the matter of the Resolution concerning slopes, cuts and fills in connection with grading and surfacing the alley in Block 28, Anna E. Ramsey's Addition, Enlargement of. The Final Order on this matter was adopted on November 8, 1960, (C.F. 199573). The attached petition, which the Council referred to the Public Works Department alleges that the city survey is erroneous and has attached a survey by Franklyn J. Armstrong who performed a separate survey for the objecting residents. The petition further objects to the assessments and awards for the slopes, cuts and fills, but these matters are within the province of the Finance Department and are not discussed herein. We find the city survey and the Armstrong survey, as nearly as can be determined from the map of the latter is in close agreement. There was a difference, however, in the plotting of a large cottonwood tree adjacent to Lot 6. The relationship of this tree to the alley line and the proposed excavation is shown in the attached large scale cross - section sketch. Both surveys apparently located the tree accurately, but since this is a very large tree and the respective draftsmen plotted different points on the tree, there was an apparent difference in the maps. ", A substantial portion of the tree is within the alley and within the construction slope limits. In the opinion of the City Forester, Mr. Alfred E. Sterk, the interference with the root system will be such that the tree would become a hazard and it should be removed. It has been a policy of the Depart- ment that, in general, where trees are within the excavation or cut slope area they are removed as part of the grading. This particular tree is extra- ordinary in that it is very large in relation to the slope, is only partially within the alley, and the center of it is on private property outside of the slope line. In regard to the tool shed on Lot 12, the city survey indicates a 0.2 foot clearance from the alley line and this is apparently in close agreement with the Armstrong survey. The shed, therefore, will not be disturbed and the Valuation Engineer reports that at no time has the owner been advised to move it. - = CITY OF SAINT- PAUL. - BUREAU OF -HEALTH ° -- - L Petition started by neighbors and sent into Pb -blic Works for alley improvement, - 2. • Tree removal some time later,,- They imagine that the tree is on .` private property of employee of Public Works` and they have 'to pay for,removalf while the. employee gets it free:i 3.` '_ She resents the wage earnersa,.as her husbarfd'is self em,,,loyed, therefore, as a wage earner_ you can afford things, whereasi -self - - employed you can not. - Y T � 5.. She resented my talci�ng pictures-at this tine, When alley is in such bad condition. = ' 5: Saw Mr, throwing enders into alley to make it more - passable _ and ueable. He-purchased cinders last_ year and this year, If alley is not in heed of grading and improvement* why would it be - necessary to use cinder fill? , 6. hey "are afraid if alley is unproved 11 will become a race track ' for the high school students.. ' i - haginary injustice ,being done. 8f Personal ax to rind. D9.. -power -of Cityr.Council to exercise its nPolice Powers" and order such i4rovementi if it deems it necessary to general public welfare." w _ 104. Above, incident took place at time pictures_ were taken-on March 170 1961- at about 2 O'clock P.M. L Petition started by neighbors and sent into Public Works for alley improvement, 2. Tree removal some time later. They imagine that the tree is on private property of employee of Public Works and they have to pay for removal, while the employee gets it free. 3. She resents the wage earners, as her husband is self employed, therefore, as a wage earner you can afford things, whereas, self employed you can not. 4. She resented my taking pictures at this time, when alley is in such bad condition. 5. Saw Mr: throwing cinders into alley to make it more passable and usable. He purchased cinders last year and this year. If alley is not in need of grading and improvement, why would it be necessary to use cinder fill? 6. They are afraid if alley is improved it will become a race track for the high school students. 7. Imaginary injustice being done. 8. Personal ax to grind. 9. Power of City Council to exercise its "Police Powers" and order such improvement, if it deems it necessary to general public welfare. 10. Above incident took place -at time pictures were taken on March 17,1961, at about 2 O'clock P.M. Members of the City Council - Page 2 - J 3 S April 5, 1961 In consideration of the restudy and resurvey that has been made, the : condition of the alley, the letter from the Health Department, and other cir- cumstances, we recommend approval of the slopes order so that the project can I proceed. We recommend further, however, that in view of the special and unusual circumstances surrounding the tree adjacent to Lot 6, that approval of the slopes order be with the understanding that the cost of removal of this tree will not be assessed generally along the alley, but will be charged fully or partially against the abutting owner in accordance with a determina- tion and recommendation to be made by the Corporation Counsel and Valuation ' i Engineer. You very truly, ! Eug ne V. Avery Chief Engineer :EVA/ j v A proved: Milton Rosen Commissioner of Public Works - t f # t 1 i i f t 1 t � }_,` . ,: 1. ".. k �►. `y.�,Jre•fr _ ,� i.+�:''.:.•1:,' + =a••" � •�1�"ar ��.�r �bk„ �ya ' �• , •' �` � r ..vii,} '��:, ..i ~ t y+ I it •>�1' \¢.ice J l ► "�.�fyF r 1q, '�`!,.•jj� - `�'S'..�R'( '1 tj Y. .. t.�TY .��• .i , �p�,,1.�R•.f/- ',V 7.��11'ii�." — _�_ t, I Ak • � it}'Y••: � � f.il �; 1 f 1' � 'j P"�/� '.a7%�`A1 • .��. ^# •� �'.� `• .. . 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