Loading...
201687y I a i �. RESOLUTION RATIFYING AND CON- FIRMING CONDEMNATION AND r AWARDS OF DAMAGES AND -- - ? RESOLUTION RATIFYIN ASSESSMENT THEREFOR Council File No 201687— / /� - CONDEMNATION AND AW � ) 2010 8� } In the matter of opening, widening eee I and extending Cedar Street from East ASSESSMENT Sixth Street to East Seventh Street by f� condemging.and taking the following described parcels of land: Those parts of Lots 1, 2, 15 and 16, Block 6, City i In the matter of __ QT? gxkr chi m._ .Qed.�'__atr_(; e. __�rai - -- st__Si 1- h__19txeet_ to East Seventh Street by condemning and taking the following described parcels of land: Those parts of Lots 1, 2, 15 and 16, Block 6, City of St. Paul, and also those parts of Lots 3 and 11+, Block 6, City of St. Paul, except the six (6) foot wide easements taken for an alley opening (as passed by the Common Council of the City of St. Paul Board File No. 11412 in March 1900), lying between the present southwesterly line of Cedar Street and a line ten (10) feet distant southwesterly from and parallel to.,the said southwesterly lire �f ggdar S6,get , un er re minary r er------ - - - - -- - - -19$140------------------- - - - - -, approved-------------------- -Ji2ly- .2l_,, --l9- 6Q _------------------ - - - - -- i Intermediary Order-------------------- - - - - -- 198 - 605-- _-------- - - - - - approved------------- - - - - -- guest,-- 23r-- 196Q ------------ - - - - -- FinalOrder------------------------------------ - - -19- 9013---- ------ ------- - - - - -- approved------------------ _S.eptember_-- 2D.r- -196a-- ...... 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, I and the same is hereby ordered to be submitted to the District Court for confirmation. �I Re- it--furth -er- Resoine&,- that -- the - said- assessment- be- aa&- 4- is-- hereby- -deter-m-iiae&- to --be•- -payable °'J j ' ��--___-----_ z--_- ec} ua* 1- i�sta�l�I�snts. as. te- eash�ars® 1- of- la,ad..de�cribed..thexein. I File 15009 Adopted by a Council____APR.1_9__ r Councilman Council>'lan City Clerk Councilman 9 ' APR 19 Councilman z pproved ---------------------------- Councilman Counci n ----------- - - - - -- - - - -- -- ------------------ ------------------------------ Mayor 1VIaY9r 1. ___.___In Favor 2M 10-55 ® . r L �, l i REPORT OF COMMISSIONER OF FINANCE ON CONDEMNATION OF LANDS AND A SSFAWM NT OF B EN FPIT � In the matter of__opening,widening_and extending Cedar -Street - Street from East Sixth - Street - -- ---------------------------- - - - -- to East Seventh Street by condemning and taking the following described parcels of land: Those parts of Lots 11 2, 15 and 16, Block 6, City of St. Paul, and also those parts of Lots 3 and 11+, Block 6, City of St. Paul, except the six (6) foot wide easements taken foz an alley opening (as passed by the Common Council of the City of St. Paul Board File No. 11412 in March 1900), lying between the present southwesterly line of Cedar Street and a line ten (10) feet distant southwesterly from and parallel to the said southwesterly line of Cedar Street under Preliminary Order ------- 19811±0_, approved _________ _____ _____ -T_U_1_V_ R1'_1960 -------- - - - - -- Intermediary Order ------------ approved ------------------- Awust_23,_ 1960 ---------- Final Order ------------------- 99_01-3 _, approved ------------------- September_20�_ 1460- - - - - -- 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. '� ----- - -- ---sinner --------- - - - - -- Commi of Finance. ` PUBLISHEID �� TO: WITHDRAWAL OF OBJECTION TO CONFIRMATION OF AWARDS P 4RC) THE CITY COUNCIL OF THE CITY OF ST. PAUL, MINNESOTA: RE: In the matter of opening, widening and extending CEDAR STREET from East Sixth Street to East - Seventh Street by condemning and taking the following described parcels of land: Those parts of Lots 1, 2, 15 and 16, Block 6, City of St. Paul, and also those parts of ­Lots 3 and 14, Block 6, City of St. Paul, except the six (6) foot wide easements taken for an alley opening (as passed by the Common Council of the City of St. Paul Board File No. 11.12 in March 1900), lying between the present southwesterly line of Cedar Street and a line ten (10) feet distant southwesterly from and parallel to the said southwesterly -line of Cedar Street. The City Council of the City of St. Paul will please take notice that the undersigned, Mario Teschion, who does business under the firm name and style of AAA Typewriter Company, does hereby withdraw his Notice of Objection to Confirmation of Awards dated November 14, 1960 heretofore filed and submitted with respect to the above en- titled matter and his objections stated therein, and does hereby consent to the aforesaid proceeding for the condemnation k and taking of land and does hereby consent to such condemna- tion and taking and the award therefor;{ s Signed and dated,at St. Paul,Minnesota,this , day of ��� ; 1961. ario Teschion ROBINS LYONS By , orneys for Mario Teschion 1130 Minnesota Building St. .Paul 1, Minnesota <' _ '__ - .'�, `-T�r . -s _ .• a'•_.r_� •r >• Y - •+- _'- ., r.'s,•`Sr ..- .�J ,.t, _3, - +.' yt}T yr •_'�.rYt'`^.. • mil- ' • - NOTI CE 'OF OBJEC'TI.ON TO - � • t :CONFIRMATION . OF AWARDS - • } -TO: THE CITY - COUNCIL' OF THE VCITY 'OF STS PAUL:., _ f kE Z In.. matter, , of `opening; .widening and extending, . p _ f CSDAft-- STREET:rfrom East;.Sixth° :Street - to-•East. i Seventh: Street , by con`d'emning.-- and`• taking,' the following, - described'parcels : of land:, r _ 'Those i parts" of • Lois •1;' 2,,:' 15 .and" 16, Block 6' t Cityr,;of: St. Pauii; ;.and alsol,.those tparts of ~�ryrLoas "•3 `and •1'4;. Block 6, 'City" of St,, Paul.,,' • "' - } except the ,_six (6) ='foot wide easements taken•x - ` - - lley opening (as passed•. by Common. a •;. ' -�"` ' _ Council_ "of` -the City, of ;,S,t..Paul Board `File • ` " No 11412 = in, lareh; 1900) ; ,lying` petween the :present southwesterly. line of Cedar. Street and a, •line ten.' (10). feet .distant- southwesterly' -from - 'to'.. ~ _,• and-parallel the said = southwesterly line`of'_ r ' ' Cedar Street. _:` Y - •. , - ' lThe' City. 'Council ^ -of thews City of St; Paul will * Please, , take notice that the •undersigned, °'Ifario�rTeschion, , who 'does x _ business under, the; firm name and style" of 'AAA Typewriter ; Company, objects to' - the= ttaking :described hereinabove and the proposed • awardd,• pursuant' to ' Bastion' 270,- of the City.. Charter of the Citytof_ St...Paul`. Said obje,ctioa° is _made. on the .r grounds that suchP' taking 'for. condemnation-'and`the award therefor is; "not fora public purpose; is. arbitrary. *,_contrary x T,. - • to 'jaw 0, unfair; ii a'&quate•; ^based, upon'.'-' mi_ stakei of {fact and,*. '�- a mistake of law., The undersigned,' by -way `ofti clarification. and not limita -'�, tion of the objections, -sets`' forth- heieinai,ter _objections as - follows ; _ '� r '� _ _ :. >" ,; t ; i_ / `Y- -'• ". .J �'- F 1) The- ,taking'- itself - 4s-_arbitrary, '.illegal; not •in ac- ` cordance with .law" not, made „for a public purpose, and is• made under :.a mistake of' law and a. mistake of fact, f y ' 2)­ The -pro posed• award of the damages for they taking is •' :. ' 4 ' ' unreasonable and arbitrary` in; -that the- proposed •award 'is_ less. } than" the damages - t`o be -suffered by the various 'owners', and in . that the proposed `award fails and neglects- to`spe'c :fy- any. f: amount ,for the undersigned objecto - Y ` Y F y ' _ r• - � - .l''S�.J - . a4a •/ • + .r _ _ _ M - - • _ `t .. min, ^. f; - a. - ,. - " _. '� _r t,,, a w w - z3) The_ proceeding +herein bas _ =iiot been in „accordance with ,the Cit - _ y, Chaster. of -the City _ of -St. Paul• and' violates the laws in �conne'ct s• ,. y . • Yr.',- - .. ; - , ,.. 'Y , ' » z u ion- therewith. * °4,) The, taking herein `is - discriminatory ' . in. .that it,- -con- a it k E.st,itutes a '!spot" condemnation^ and _is not part of` a proper' plan. for `public improvements as authorized b, 'the laws and statutes of '"the_, ,City .of St."Paul;' ,State,. of Minnesota, the= Federal Constitution. 'Y SJ, =The p roceedin gf ' herein, ' 7 nx cludin- g °tt he 'determ• inat`ibn ' - + 1s`• ;; of the amount, of x the 'award,_ violates due Procees ' Signed, and' fluted at St ";.Paul: - Mirinesota j this' 14th 'day �- of November 1960; u :. _ �i:. .F :5•�, r� F. *f' �. rio e c ion, jeC or •w /Yr r 4 #i 'ROBINS i'• DA YONS* a ' �. :At orneys To _ ec or. .1.130- Minnesota Building - - -S.t Paul;, 1, "f Minnesota"' -. ~ . - �,• - -�_ ,; . ;;� - _.. _ _ ,. .r •`ti. _ _ I,'S: ,tom. ._' .. .. y y .. , •v. 4.' , tt ' M1 .'_ - , -. v. .,•y. . •" - - •'• .. -'f.: -,-,r •'�';� }• ` - - -'• • ' ,may -Y '`• ` „_ r -t •'s- r' • _•- " 't iT ;4 °Y -tir T'' C� - - - - • '. + .ter' • -- - - s i - _'{• a _ }. �' • i ' _ ; s } a. r, �t • : }:� ►60 -Nov 15 AM, 9,-st CJTY CLERK'S 'OFFIC e. t`K•'Y. � _ 'r I'a,.t � - � �•, .~ • "''/- 1., • � rFn .� , , • _ ` S. r• •• Yf. . -.` • ' Ic ^}% .a -'p •` i _- ? ,}ft. r�r ...y w 2' -1_ + ,t ' `- '. . _ '•YI L `• -' - '•:y,... - 'i�' P; J •SEf.-