201485� - Y
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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 - - - -- - - ---- - - - - -- ------ - - - - --
----- - - - - -.
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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
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- • - . - 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.
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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
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IE V. AVERY
ENGINEER
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INTENDENT OF SANITATION
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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
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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
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