203775 i
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ORIGINAI.TO CI'fY GLERK, • r��� Council File No. 20377�By Severin .R1.` �0����
� Mortinson—Robert F. Peterson— � t�
CITY OF ST. PA �g cae�s on a�i� maeeti�n gBhela).
'� � � -�� OFFICE OF THE CITY °n July 10, isei �at�a to accept deedj —
of conveyance for the hospital site i -
from the St. Paul Housin and Re-
' � �NCIL RESOLUTION—GE ae�e�opment author�ty 5ub�e�t � ap-j
' proval of said instrument by the
PRESENTED BY 1 County Attorney of Ramsey Count}�,' �
COMMISSIONE a copy of said proposed deed of con-,
veyance being attached hereto and
— ------- made a part hereof by reference; and'
Whereas, The Board of Commis-
sioners of Ramsey County approved
the action theretofore taken by the
Commission at its m=�`±ng-�°�T-''-- t�-�
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WHEREAS , the Hospital Facility Building Commission
at its meeting held on July 10, 1961 voted to accept deed of
conveyance for the hospital site from the St . Paul Housing
and Redevelopment Authority subject to approval of said
instrument by the County Attorney of Ramsey County, a copy
of said proposed deed of conveyance being attached 1� reto
and made a part hereof by ref erence; and
WHEREAS , the Board of Commissioners of Ramsey County
approved the action theretofore taken by the Commission at its
meeting on July 10, 1961 with reference to said deed and
authorize'd and approved acceptance of said deed subject to
the approval of the County Attorney of Ramsey County; and
WHEREAS, the _Commission through its Executive �:ecretary,
by �letter dated July 17, 1961,directed to the �Honorabl� Mayor
and members of the City Council, requested the ,Council also to
approve acceptance of the aforesaid deed of conveyance,
Now, T'heref ore, be it �
RESOLVED, that the Council of the City of Saint Paul,
under and pursuant to the provisions of Laws of Minnesota for
. 1957, Chapter 938, hereby approves the acceptance of said �
deed of conveyance for the hospital site by the Hospital
Facility Buildin� Commission subject to ap�roval of the .
Corporation Counsel of the City of Saint Paul. •
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� ' $� 6 1961
COUNCILMEN Adopted by,the Council 19—
Yeas Nays �
DeCourcy $�P 6 �
Holland � . pproved 19—
Loss
n Favor
Mortinson
Peterson W Mayor
Rosen gainst � , �/
��Lis�� '
Mr. President, Vavoulis � ;
3M G-(il � "
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STATE OF MINNESOTA
Councll File No. 202753--Ordinance No. (,;OUIll'y of Ramsey SS.
12Q07—By Frank L. Loss—
An ordinance amending the ZoninB CI'TY OF SAINT PAUL
Code, Chapters BO to 64, inclusive, 04
the Saint Paul Legislative Code, per-
taining to Use Districts, Height Dis-
tricts and rezoning of certain proper- I �'8• �eS $• ��COTlTl@�.� �•
ties in the City of Saint Paul, es --••----------------------------------------------- ity Clerk
amended. �his is an emergency ordi- °----•------------------------•-----------------•- -
nance rendered necessary for the pres-
ervation of the public peace, health,
and safety. , of the City of Saint Paul, Minnesota do hereby certify that I have
The Council of the City of Saint Paul
Does Ordain: `��`�753� being
compared the attached copy of Council File No___________________________________________
SECTION 1 Ordinance 1Qo. 12007�
That the Zoning Code, Chapters 60
to s4, �oiu��e, of the sa�t Paul �g- as adopted by the City Council_.______�y__13tb�________________________19_.___1_____._.
islative Code, pertaining to Use Dis-
tricts, Height Districts, and Rezoni�g
04 certain properties in the City oP
sa�t re,�, es amended, be ana the and approved by the Mayor______________J�-3' 13th, 19 1
same is hereby further amended so as ------------- ---------•----°------------- -°--°--------
to rezone the following described prop-
erty from I.ight Industry and Commer-
cial District to "C" Residence District, with the original thereof on file in my o$ice.
to-wit:
Lots 1 and 2,Block 1, Eastern Area
Addition and I.ot 1, Block 2, East-
ernArea Additlon,except that part ------------•---------°°--------------------°---------°--°--•-----°---------------------------------------------------------------
of said lot lying NW'ly of the
NW'1y rlght-of-way line of Thir-
�teenth St, as vacated and SW'ly of
a line running parallel to and 148.0 ----------------------••-----------------------------------------------------------------------------•----------------°•-
--------------
ft. NE'ly of the present center line
of Jackson St. and that part of
I.ot 1, Block 2, Eastern Area Addi-
tionlying NW'ly of the DTW'�Y •-----------------•••------------°---------------------------------------------------------------------------•-
right-of-way line of Thirteenth St.
as vacated and SW'ly of a line run-
ningparallel to and 148.0 ft. NE']Y ----------------•---------°--------------------------------•--------------------•--------------
of the present center line of Jack- ��� � �
son St.on the north side of Univer-
sity Ave. between Jackson St. and
TrunkFIighway#35E. ------------•---•-------------------°-°---•--•----------•----------•------------------------••°-•-•°--•------------------------._...
SECTION 2
This.ordinance is hereby declared to
bean emergency ordinance rendered •°---•-•---------°-------•-------------------------------•-----------------------•------------------•--------------•--..._...••-------
necessary for the preservation of the
public peace, t}ealth and safety.
--------------------------•-------------------------------------------------------------------------------•--------•------------------..
SECTION 3
This ord�nance shall take e�ect and
be in force upon its passage, approval
andPubllcation. ----------••--------•---°--•---•--------------------------------------°-------------------------------------°-•-
Passed by"the Council july 13, 1961.
Yeas—Councilmen DeCourcy.Holland -°--------------•°-----------------------------------•----•-----...--•----•-----
Loss, Mortinson, Peterson, Mr. Vire ----..�...---�---------------------°----•--••----°--
President (Rosen)—B. h� -
Nays--0. �,
ApprovedTulY 13, 19&1. c� •--------•---------------•-------°-°-°-----°-°•°•--------------------°-°--°•-----•----------°-------°-----•-......--••--°-..
c
MII,TON ROSEN, Stp
Acting M�o� I further certify �that said copy is a true and correct copy of
AAGNES Ii. O'CONNELI., note �
City Clerk. men
cJ„u, 15, las��, �� said original and the whole thereof.
WITNESS my hand and the seal of the City of Saint Paul, Minn.,
this--------17th--------------day of.-------------------J�,Y�------------------------A. D. 19__61..
i��_---�-- - ---�-,��:.��..���r�
�.2z �City Clerk.
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n�,OF COI�IVEYANCE OF LANDS FOR RcL�EVELOPMENT
THIS INDENTURE, made this 10 day of July, 1961, between the
HOUSING Ai�D RED'c'VELOPMENT AUTHURITY OF THE CITY OF SAINT PAUL, MINNE-
SOTA, a public body corporate and politic, organized and existing
under the laws of the State of Minnesota., hereinafter referred to as
the "Author.ity", and the HOSPITAL FACILI'IY BUIL;DING COMMISSION OF THE
CITY QF SAINT PAUL AND COUNTY GF RAMSEY, STATE OF MINI�ESOTA, a commis-
sion created by Laws of Minnesota, 1957, Chapter 938, hereinafter re-
ferred to as the "Redeveloper".
WITNESSETH:
WHEREAS, the Authority, acting pursuant to the provisions of
Public Law 171, passed by the glst Congre�s of the United States, as
smended (U.S.C.A.TitTe l+2, Sec. 1L�/.0 et. seq.) and of Chapter 4g7,
Laws of 1Jlinnesota, 194`7, as amended (M.S.A. 46z.411, et seq.) on March
6, 1957, adopted the REDEVELCPMENT PLAN for the Eastern Redevelopment
Area, Project U.k. Minn. 1-1, revised Maxch, ?.�60 and modified May,
19b19 which is a lawfully approved Reaevelopment Plan and is new in
effect i� the City of Saint Paul, Minnesota, providing for �the clear-
ance of the Project Area and i±s sale afte= clearance For redevelop;nent
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in accordance with said Redevelopment Plan, and
WHEREAS, the Redeveloper has, pursuant to an Invitation for
Offers to Purchase and Proposals for Redevelopment by the Autho=ity,
submitted an Offe= and Proposal for the purchase and redevelopment of
certain lands within the Eastern Redevelopment Area, P=o3ect U.R. Minn.
1-1, and the Authority has accepted such Offer and entered into a Con-
tract with the Redeveloper for the purchase of land for redevelopment
datecl July 29, 1960, as amended on idovembei 23, 1960, and January 25,
1961.
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NOVd THEREFORE, the Authority, in consideration of the sum of
Three Hundred Eighty Eight Thousand Five Hundred Thirty Eight and
35�100 Dollars (�3��,53�.35) in hand paid by the Redeve?oper, -Ehe re-
ceipt of which is hereby acknowledged, and in consideration of the
observance and performance by the Redev�ioper of the �ovenants of the
aforesaid Contract for Purchase of Land for Redevelopment and of the
covenants, conditions, and xestric�ions hereinafter contained, does
hereby grant, bargain, quitclaim and cor.vey unto the said Redeveleper,
its hei=s, successors and assigns, forever, subject to the reservations,
iestrictions and covenants heieinafter set fort;�, all that tract or
parcel of land lying and being in the County of Ramsey and State of
Minnesota described as follows, to-wi�ca
Lot Cne (1) o Block Two (2) , Eastern Area Addation
Saint Paul, Minnesota, according to the plat thereof
on file and of record in the office or th� Registrar
of Titles, Ramsey County, t�finnesota.
TO H.4VE AND TO HCLD the same, toge�Lher with all the heredita-
ments and appurtenances tr,ereunto belonging or in any wise appertaining
to the said Redevelo�er, its heirs, successors and assic�ns, forever,
subject however, to the reservations, restrictions and co�ienants which
shall run Hri-ch �the land and be binding upon the Red��elo�er, its heirs,
successors and assigns, as follows:
(a) The Redevelcper agrees fo?- it�al�, its successors, heirs
and ass:c�ns ef the °rcperty or any part thereof, as follows:
(1) That it shall devote the Properi:y only to the
use specifie�� in the kedevelopment Flan, or such addi-
tional use as may be specified in any amendments or re-
vision� of sai� Redevelc�ment Plan as may be adopted as
authorized by law in effect July 29, 1y60.
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(2) That it shall make no changes in the
Improvements after the completion of the construc-
tion thereof that are not in full conformi�:y with
� the said Redevelopment Plan.
(3) That no discrimina-L•ion or segregation
against any persons or groups of persons on ac-
count of race, creed, religion, national oric,in,
or ancestry snall be practiced or permitted in
connection with the sale, sublease, tzansfer,
use or occupancy of the Frop�rty or its develop-
;nent, and that in the event of the breach of any
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such covenant a legal or equitable action to en-
force such covenants or to obtain damages for its
breach may be brought by the Auth�.rity or its suc-
cessors o= assigns, by any person or persons segre-
gated or discriminated against in violation of the
covenant, or by an�� person or pezsons for whose pxo-
tection and benefit this covenant is intended or his
or their representative. The Authority covenants
and agrees that a like covenan� shall ;�e included
in the Deed of Ccnveyance or lease cf all other
tracts of ].and which have been sold or may herea�ter
be sul�� v�ithin thP �,s�ern P,edevelopment Area, °ro-
ject U.R. A�inn. 1-1.
(b) All k�uildings to be constructed t�pon the Property, and
any other development or improvement thereupon, and any use to which
the Improvements may be put shall be in futi conformance with the Re-
development Plan, Project U.R.Minn. 1-1, as heretofore adopted by the
Authority and approved by Resolution of the Common Council of the City
of Saint Paul, whiFh said Plan is, on file and on recozd in the :office
of the City Clerk of the City of Saint Paul. All of the standards
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and requirements of said hedevelopment Pian are hereby incorporated
into triis instrument as �ully and completely as if set forth in full
herein, and this conveyance is subject tc all of the reservations,
restrictions and covenants set forth therein.
(c) �o portion of this property shall be used for any un-
lawful or dangerous puzpose, noz srall there be maintained oz per-
mitted thezeon any nuisance or any business or other operation not
specifically authorized by the I�ede•,�e'_�pment Plan referred to in the
pxeceding paragraph (b) .
(d) All of the reserva��ons, restrictions and covenants
herein above set forth sha12 be and remain in full force and effect
for a perio� of fcrty (40) years from ,titay 27; 1�60, excepting only
the covenant against discrimination c�nt�ined in paragraph (a) (3)
of this instrument, which said covenant shall be perpetual; provided,
ho�vever, that the ag�eemeni:s and coven�nts provided in clauses (a)(1) ,
(a)(3) , and (a)(2j , of this instrwnent shall be binding upon the Re-
developer itself and each successor in interest respectively only dur-
ing such period as it shali have title to or an 9n�?rest in the Proper-
ty or. par�c thereof.
(a) Tti�e Reae<<eloper, for itsel�, �.-ts heirs, sticcessors
and assigns, hExeb� empowers and authorizes the °.a-�;.hority, the City
of Saint raul; the County of Ramsey, or any p�zsun deem�� as beneficiary
of the covenants and xest-ric _`_ons h�rein to bring an•y ac�ion or actions
at law or in equity Uv;ii�h in t)�eir di�cretior� they :nay deem necessary
or proper for i�� enforcem�,�:, or the preven�ic.n oF t�ne violation or
breach of any of the res�rvations, restrictions, or conditions herein
contair:F�i, or to recover damages for the violation or breach of any of
said xeservations, restric�:ions or covenan±s. Any waiver of a claim
by the .Autho=ity for violation or �,.reach of any of said raservations9
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re�tricticns, or conditions shall not be construed to be � cvaiver
of a.ny provisions of this agreement with re�pect to ar�y other viola•-
tion or breach by the Redeveloper, its heirs; successors or assigns.
�he Authorit� sha.11 (both in, its o�ra right a.nd also for the aurposes
of protecting the interest of the cornurinity and an,p other p�rties,
public or private, in vrnose favor or for whose benefit such agree-
ments and covenants have her:�;.n been pxovided for} be deemed a
beneficiary of th2 �.��'r.eements �,�d cnver.an�s nrovided in this instru-
ment, and such agrsem�nts sx,d co�enants shal'1 run in favor of the
guthority, the communit�, �.nd su�l� othsr parties, gublic or private,
for the en.tire pe�•iod during which such �g�eements ��d covenants
sha,ll be in force and effect, without re�ard �o r�h�:ther the �uthority
is cr renains a.n o���ner of the Pron�rt� or any pari; ther.eof. �lny
such ben�ficiar� �na.11 ra�e the xig�t, in the event of any breach
of any such a?�,reemen�� or covenant, �o exercise all the rights and
remedies, �.nd to main+�in ar.y actions at l�.w or suits in equity or
�ther proper proceeeings to enforce the cur'_nF of such breach of
agreement or covenant, to which benefici�ries oi' s�..:h :-�greement or
coven�.nt ma� ba ��ntitled�
j,�lt3 �.Ui;}1U�].�GS' CC4:iZl_�I.lii:P, :l'�1.9.G 7.:, 41'1�.1y LiiJGL. :•UIL'�1�G'T,l��Yl .:y
the Red34E'_oA�=r of �.i1 structures aud o�cher �mti�'OV�iiE?IIL3 t�pon the
preu,.3.so�, �a;��� a fi71a1 i.n�pection �f 1;he premises io �,scartain
whether al'1 su�h bui�diy�;7s rnd o�i,hzi inprovements 2�.ae b�en completed
in accordence with the �epul:!`EIIlbrit5 of i;he a�ores�.i� Federal and
State statutes and of �he Redevelopment Pl�n, and that, upon determina--
tions by the duthority of such satisfa.ctory com�,letion� the Authority
will e�ecL�te and deliver to the Redeveloper a Ceri;ificate of Completion
certifying to such completio� and conformance �vith the requirements
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of i.ha afores�id statutes and Redevelo�ment Plan. Such Certificate
, of Co�platio� will bo executed in euch form as to permit it to be
f'iled of record in the office of the Rebistrar of Titles in and for
IYamsey County, �dinnesota, by the Redeveloper, and sY�all constitute
a conclusive determination of the sati.�factory completion of all
obligations of the Redevaloper with reference to construction of
improvements on the abovA desaribed premi^es an.d of the conformit�
of such imProvements , with al� r���zi�gmants of the aforesaid Federal
and State statutes and of the Fedd�elopment Plan.
In add3tion to the r��3er.�a�ion�, restx�ictions and covenants
hereinbefore set forth, the F.:�";ate created b� this Deed shall be sub3ect
to t;'r.e follov�ing ccnditions subsequea�:
The Red.evel�Per agrees for itself, its successors or as�igns
that �rior te tre e�ecul;io,� and del��er�r of the CSrtificat8 of
Completiou by i;�ie lii:.tl�orit,y saoLla �'che Redevelopo.Y, its successoxs
or assi�ns
(ai iz il and ref�,i.se �o per:form =ts obligati ons with
rsspect tc the construction of im�pro-oemc:nts (including
the ra.ture and da.tes por beginning and completion
therPof.) �^s th� eam�: ra.�re sst fc�_r{;�L �n the rontract
for Purchase of La.nd for Redevelop�e:�i; between the
Autho;�ity and the Redz�eloper dated July 29, 1960,
as am�ndad �Tovember 23� lg6o, and Janiia.ry �;, 1961,
and a.fi,ar having s�ts �60) da,ys -. �six (6) moni;hs,
if the defau.l� is w�.th respe�ct •oo �cl�.e date for
completion of improvements)-- written demand by the
gv.tliority to comp7.y, cr
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(b) fail to g-?,� real esta.te taxes or assessments on the
Property or any pqrt thereof when due, or place
thereon a.n.�p encumbrance or lien except, and only to ,
the e�tent necessa�y, for obtaining flznds for making
imprc��re:�ents to the Property, or suffer any levy or
attachm�� T to be made, or any materialma,n' s or mechebnic's
lien to rL�tach, and such ta�es or assessments slaall
not �ave been pa,id, or the en;umbrance or li.en, removed
or disch�rged, or provision s�,tisfactory to the
t
A,itroz•it�* �ade fox such na,yment, re{noval, or riiscrarge�
within thiri;y rlays ai'i,ar written cie�,,nd b� the
Au�ho�ity, or
(c) transfer fi•��. Property or any pa,rL thereof in violation
of th� �ontract for Pu.rch�.se oi :Gand ior Redevelopment
bej:ti�aa�:n the pu�hority and the Redevelo�er dated
July 29, 1960� as amended November 23, �960, and
Janu�.r.y 25, 1961, and �uch violatio�. sha.11 not be
Qured within thirty (30) days af�i,er �rr:itten 3emanc�
b� the �uthority t;o iche Redeveloper,
then in such evant, all ri�t, title and in�terest of the Redeveloper,
its successors or �,�si�-ns i� tihe i'r•op�rty shall revert �co tY!e Authority
sub�ect ��o the terms and provisions oi the Contrad�� for Purcha,se of
I,and fcr Pedevelop;�eat b��wsPn t�e �u.thority and the Re3.eveloper,
clatec �v.l,p 29� 196os as 8,$P.'11�.°d N'ovem�er 2j, 196�, and Ja,nuary 25, 1961.
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IN TE5'�Ito,ONY WHEREOF �I�e Authox�ity has caused these presents
to ;�e executed in its corporate name b.y its Chairman and its Secretary,
and its corporate seal to be hereunto affixeci the day and year first
above written. ,
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HOUSING AND REDEVELOPMENT AUTHORITY
In Presence or: OF THE CITY OF SAINT PAUL, MINNESOTA
V Chairman
� + Assistant Secretary
(CORPORATE SEAL)
STATE 0"r' MINNESOTA )
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COU:VTY GF RAMSEY )
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? On this 7th day of Jul�r, 1961, beforE nie, a Notary Public
within and for said Gounty, pera�:�ally appeared Joseph F. Gabler and
Carl Cummins, Jre to me per5 ��,ally known, who, being each by me duiy
swozn did say that they are respectively the Chairma;l and the Assis-
tan� Secretary of the corporai:ion r,amec ii� the fozegoir.g instrumen�,
and that the seal zffixed to saiG instrument is �:he cozporate seal of
said cozporaiiong and that said instrwnent was signed atid sealed in
behalf of said corpora�ion �y authority of its Board of Com��issioners
and said Joseph F. Gabler and Carl Cummins, .7•r� ackncwledged said
instrument to be the free act and deed of said corporation.
Jr�.,MES 'T. HART '
Notary Public, Ramsey County, Minnesota
My Commission expired December 9, 1965
�5=���3-)
Approved as to Forrn:
Chairman, Hospital Facility and
Building Commission of the City
_ of Saint Paul, County of I�amsey,
State of Minnesota
County Attorney
Corp�ra�ion C;c,unsel �