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203775 i /� . . .t�x�i �' � —�--• 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�-� -. �--..v.s��..�._ �: . 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. • -_..w . _.-- _�-:,.. -�: . . � ' $� 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 � " J � ' . Y• • .. � .. 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. � � . -' � i , � � � � , � ' • ' . ' / f' • • - � � 1 � . � � 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 ► 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. - 1 - ` � - . , , . . • ' ' . , , � • . � , ' , - 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. - 2 - ' ' . ' , . _ � . ,• ' • (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 . 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 - 3 - 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 ' - 4 - , •� ' ' . � . • .- . 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 ...5... 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 --6— 1 �, e • 'e ` . . . (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. �7-- , � �. ' • A � ' _ F y , � _ 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. , 1 HOUSING AND REDEVELOPMENT AUTHORITY In Presence or: OF THE CITY OF SAINT PAUL, MINNESOTA V Chairman � + Assistant Secretary (CORPORATE SEAL) STATE 0"r' MINNESOTA ) ) ss COU:VTY GF RAMSEY ) t ; F ? 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 �