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196441original to City clerk O R D I N C'O1716 Pile No. 196441— Ordinance No. 11716 —By Bernard T. Holland— An ordinance amending the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Legislative Code, as y amend ed�pe�tainin to Ug,T)istio'-; ., t dihn' to. tr ' -. PRESENTED BY ORDINANCE NO. An ordinance amending the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of certain proper- ties in the City of Saint Paul. This is an emer- gency ordinance rendered necessary for the pre- servation of the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section . That the Zoning Code, Chapters 60 to'64 inclusive of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of certain proper- ties in the City of Saint Paul, be and the same hereby is further amended so as to rezone the following described property from "All Residence District to Commercial District: Lot 259 Block 7, according to the of record in the Deeds in and for located on the si between Snelling Macalester Villas Addition, plat thereof on file and office of the Register of Ramsey County, Minnesota, )uth side of Stanford Avenue and Macalester Avenues, subject to the following express.,,exceptiors and conditions: 1. That, subject to any further reclassification of the hereinabove described real estate by virtue of proceedings therefor hereafter instituted, conducted and completed according to applicable provisions of said Zoning Code, as amended, and applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the following specified uses, to -wit: (a) Residential District uses permitted by the regulatory provisions of the said Zoning Code, as amended, in "All Residence District, "B" Residence District and "C" Residence Dis- trict, thereby established, and (b) Commercial Uses which shall include no more than the establishment, maintenance and conduct of a hair dressing and beauty culture shop, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by ,w Yeas Councilmen DeCourcy 4A Holland Mortinson Peterson Rosen Winkel y Mr. President (Dillon) Attest: governmental agencies having cognizance, and without the use or employment of any advertising sign or placard pertaining to the same. : City Clerk 1M 8 -69 8 Nays Passed by the Council Approved: Mayor Favor Against Original to City .ClerL V PRESENTED BY N, ORDINANCE COUNCIL FILE ORDINANCE NO. 6�1 No -71 E 2. That the owner of said real estate within the period of 60 days next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully exe- cuted counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said City of Saint Paul of a negative easement affecting said r9al estate for the imposition, maintenance and enforcement of the aforesaid restrictions and limitations upon the employment and use of the herein - above described real estate, approved as to form and execution by the Corporation Counsel and recordable'in the office of the Register of Deeds. That said owner's written accept - and grant of negative easement shall contain additional effective provision for the restriction of said real estate to uses permitted in one or more of said Residential Districts from and after any future sale, transfer or alienation of the present ownership of the same, or use or occupancy of the same. „ 3. That, in addition to other-- r6quiren►ents- therefor, said written instrument of acceptance and grant shall incorporate a certified copy of this ordinance, and immediately upon the aforesaid filing of the same the City Clerk shall cause one of such counterparts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This ordinance shall take effect_ and b,6 in force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holland Mortinson es Rosen /C Winkel Mr. President (Dillon) Att s : , c City Clerk i r859 s Passed by the Council APR 131960 (n Tn Favor LEA gain t APR 131J6 Approved: Mayor Page 1 City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Lot 25, Block 7, Macalester Villas Addition - 1614 STANFORD AVENUE from a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) One (1) chair Beauty Parlor to be operated by and in the home of petitioner at 1614 Stanford Avenue (Lot 25, Blk 7, Macalester Villas Addition) RECORD OWNER SIGNATiIR.E 7DT BLOCK ADDITION Clarence J. Amos anford / 6 6 Macalester Villas Amos 6 6 rr n Alfred Rischall 6,94( /� Stanford 7 1 6 Clara Rischall 62e 7 6 Herman Gordon 1615 Stanford 8 6 " Edith Gordon �' 8 6 John W. Schwenk !i � 1611 Stanford ? �( 1111f 9 6 " Nellie R. Q>f -ttA 9 6 " John T. Pates rr rr 1607 Stanford % 10 6 Marie R. Pates 10 6 " 5zaze ox minnesoza) County of RamsZe ) ss ` LQ�V'dj being first duly sworn, deposes and states tha She is the person who circul -#ed the within petition consisting of 6 pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures;lof each and all of the parties so described. Subscribed and sworn o.before _ this '7' day of A,t✓ ip !/T Notary Pub_ i � a7nl ey Coun , Minn' My CommissionCe�Cpi�RCp Page 1 of !6 pages. Notary Public, Ramsey County, Minn.; Approved as to form 7 2 54 Ally Commission Expires Nov. 20', 796, x' r Office of the Corporation Counsel Z -1 7/2/54 (continued on page 2) * * Page 2 City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Lot 25, Block 7, Macalester Villas Addition - 1614 STANFORD AVENUE from a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) One (1) chair Beauty Parlor to be operated by and in the home of petitioner at 1614 Stanford Avenue (Lot 25, Blk 7, Macalester Villas Addition) PIVMRn AWNF.R RMNATTIRF. T1W RMCK ADDITION Frederick A. Freedman 304 Macalester 1 7 Macalester Villas Sylvia D. Freedman 1 7 Richard K. Gauminitz A • ,�/ Gw"" 2 7 " Lorraine M. Gauminitz Y/� 2 7 Maynard C. Krueger 314 Macalester 2 3 7 Jeanne Krueger l / },i c e 3 7 '+ James Nankivell (% 1623 Wellesle l� Yj Y°V✓� �' �� 6 7 Grace M. Nankivell �/ �� �� n� �-6 7 Page A. Brown (deceased) 1619 Wellesley Q 7 7 Adella M. Brown 7 7 " bzaze ox minnesoza) Count of Ramsey )ss CCd `being first duly sworn, deposes and states that a is the person who circulated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures bf each and all of the parties so described. Subs best and sworn before m thi day of / 4Q liG� Notary Pub c, Ransey Coun y, Minn. My Commissioon a n� rtes:V G' P. M, , � M1nn. Notary Public, Ramsey Count My Commission Expires Nov.20 9% Z -1 7/2/54 n * See letter attached _ r Page 2 of 6 pages. Approved as to form 7/2/54 Office of the Corporation Counsel (continued on page 3) Page 3 City of Saint Paul, Minnesota PETXTION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Lot 25, Block 7, Macalester Villas Addition - 1614 STANECRD AVENUE f rom a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) One (1) chair Beauty Parlor to be operated by and in the home of petitioner at 1614 Stanford Avenue (Lot 25, Blk 7, Macalester Villas Addition) RECORD OWNER SIGNATURE LOT BLOCK ADDITION Philip P. Shepard Dayton 8 7 Macalester Villas Rose M. Shepard 9 8 7 Hilma Thom 1611 Wellesley , 1 9 7 ' +, it Edward A. Neby �;� °' - 1609 Wellesley -cam X Y 10 7 ,+ ,t Rena Neby 10 7 Clayton A. Brubaker 1605 Wellesley Agnes Brubaker 11 7 Carlton E. Ralph 1602 Stanford 22 7 " Jeannette F. Ralph 22 7 ++ ++ Mrs. Agnes A. Wandreij� 'A„6d 25 7 rr rr 1614 Stanford �tiatie o= minnesvza� ,/ County of Ramsey ) ss � U being first duly sworn, deposes and states tbat1he is the person who circulated the within petition consisting of 6: pages; that the parties describe above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. S ibex and sworn before me t day of o % v N u y, Minn. My Commission expires G. P. BJONERUD Minn. Notary Public, Ramsey County, 1964. MY Commission Expires Nov. 20, i Page 3 of pages. Approved as to form 7/2/54 Office of the Corporation Counsel Z -1 7/2/54 (continued on page 4) Page 4 City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we; the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and'street address) Lot 25, Block 7, Macalester Villas Addition l- 1614 STANFORD AVENUE from a residential District to a commercail District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) • One (1) chair Beauty Parlor to be operated by and in the home of petitioner at 1614 Stanford Avenue (Lot 25, Blk 7, Macalester Villas Addition) RECORD OWNER SIGNATURE I LOT BLOCK ADDITION Neil B. Griebenow � •/ � a 23 7 Macalester Villas I June B. Griebenow 23 7 " Theodore Gerth 24 7 " 1610 Stanford r: Rose P. Gerth � #�n 24 7 Willard D. Geiger Stanford r�'�' 26 7 Ann M. Geiger 6 7 George C. Lindberg Stanford 7 U Dorothy M. Lindberg 27 7 ++ ++ State of minnesota) ss County of Ramsey ) Lt/ . being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of E% k pages; that the parties described above are�the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subs ibpad and sworn before me t day of r9�� No a c anse unty, Minn. My Commission expires G P•'3JO^+i county, Minn. Tres Nov• 2n` 196 Notary Public RanjSey MY Oomnil on ExP Z -1 7/2/54 i * See letter attached Page 4 of 6 pages. Approved as to form 7/2/54 Office of the Corporation Counsel J Page 5 City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota 2 Pursuant to Section 23, Ordinance 5840, we, the undersigned owners o ztwo_ thirds of the several descriptions of real estate situated within d00•feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Lot 25, Block 7, Macalester Villas Addition - 1614 STANFORD AVENUE from a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) One (1) chair Beauty Parlor to be operated by and in the home of petitioner at 1614 Stanford Avenue (Lot 25, Blk 7, Macalester Villas Addition. RECORD OWNER SIGNATURE LOT BLOCK ADDITION Mrs. Wm. H. (Ruth A.) McMahon, 296 Macalester ,� 6-, Macalester Villas Robert J. Rice ''7 320 MAcaleste r !� ', Geraldine Rice R. P. Anderson Macalester Dorothy M. Anderson Mrs. Linda E. Nelson "- 1598 Stanford Norman M. Widsten Stanford Gertrude E. Widsten Marshall F. Mazanec , Stapford Mandanah Mazanec i 7 " .IGdLEi vi minneavtia� County of Ramsey ) ss being first duly sworn, deposes and states thdt5he is the person who circulated the within petition consisting of 15 pages;�-Jt at"�tbe parties described above are the owners respectively of the lots placed imme ately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Sub r bed and sworn V before m th day of ��' ary ic, County, Minn. My Commission e!-ans - res P B�ptIEPco nty. Minn- G. ires NOV. Z0, 19 Notary Public, vz'msey my CO rfasslon ExP Z -1 7/2/54 Page 5 of 6 pages. Approved as to form 7/2/54 Office of the Corporation Counsel Page 6 City of Saint Paul, Minnesota ' PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners o two - thirds of the several descriptions of real estate situated within 1�08 feet of the real estate affected, hereby acquiesce; and we, the owners of 500 or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Lot 25, Block 7, Macalester Villas Addition - 1614 STANFORD AVENUE from a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) One (1) chair Beauty Parlor to be operated by and in the home of petitioner at 1614 Stanford Avenue (Lot 25, Blk 7, Macalester Villas Addition. RECORD OWNER SIGNATURE LOT BLOCK ADDITION Jeanne M. Johnson Stanford Macalester Villas Jo Ann Eha U �.A " Robert B. Eha wk 115Q() Stanford 2 Tt TT Helen J. Barnish John D. Barnish / f Gustav T. Johnson Stanford i bzaze o= minnesoza) Cou ty of Ramsey ) ss ss "i&4 being first duly sworn, deposes and states tha She is the person who circulated the within petition consisting of c pag ;_ at`tbe parties described above are the owners respectively of the lots placed • mediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true;and correct signatures of each and all of the parties so described. r a Sub ribed and sworn fp before m t day o-A74t % . r ic, Ramsey ounty, Minn. My Commission expires Page ( of 6 pages. G P 5jo��RCounty, Minn. Approved as to form 7/2/54 Public, Ran'jey N0V- 20.19 •- Office of the Corporation Counsel 14 s Oo nm�ion ExPtires wj Z -1 7/2/54 OFFICE OF CITY- CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota March 24, 1960 Mr. Louis P. Sheahan Corporation Counsel Building Dear Sir: 196 4 4 1 JOSEPH R. OKONESKI City Clerk HAROLD J. RIORDAN Council Recorder The City Council requested that you prepare a resolution granting the attached petition to rezone to Commercial District property on the south side of Stanford Ave. between Snelling and Macalester Aves., also described as Lot 25, Blbck 7, Macalester Villas Addition, subject to the condition that the property be used only for a beauty shop. - - a NEAR 2 4 19'0 Very truly yo s, v O . City Clerk 1 MINNESOTA fl ......' ... :. .: X. .:.... .. .�. .:. 'trilkt'A'Nldt: asa.asa ........................... ZONING]- CITY OF SAINT PAUL 1310 CITY HALL AND COURT HOUSI SAINT PAUL a, MYNNISOTA March 23, 1960 Mr. Joseph Okoneski City Clerk Building Dear Sir; This is in the matter of the petition of Mrs. Agnes Wandrei to rezone from "A" residence to commercial property located on the south side of Stanford Avenue between Snelling and Macalester Avenues for the purpose of establishing a beauty parlor in the home. The property is described as Lot 25, Block 7,' Macalester Villas Addition. The property has been zoned "A" residence since the enactment of the Ordinance in 1922. On January 28, 1960, the Commissioner of Finance reported the petition sufficient with 15 of a possible 19 (79%) owners of property within the prescribed 100 feet radius having signed the petition. This property has a frontage of 40 feet on Stanford Avenue and extends to a depth of 127.51 feet, result- ing in a total area of approximately 5,100 square feet. The entire neighborhood is developed with substantial single - family residences. Field investigation discloses that this is a residential area, and that the reclassification of tbe.property to commercial for a beauty parlor would constitute " .4pot zoning" and would be detrimental to the adjoining property owners. The proposed land use guide plan indicates that this area should remain single- family in character. Based on the above findings, the Board of Zoning recommends denial of the petition-to rezone the above described property t to commercial for the purpose of establishing a beauty parlor in the home. Sincerely, H. C. Wieland r .* Secretary Board of Zoning HCW:FGI , Encl . ' . LEONARD C. SEAMER Valuation Engineer ELTOR A. DEHN Asst. Valuation Engineer CITY O DEPART MRS. DONALD .l. T PAU L ANCE V Commissioner Commissioner Theodore A. '-Loveland° °�•' -,'�' 113 Court House, Zone 2 -�C. CApital 4.4612 January 28, 1960 CLIFFORD M. NYSTROM Chief Cashier HARRY A. JOHNSON Chief Clerk To the Council City of St. Paul Gentlemen: I have exaxi ned the attached petition filed in the matter of rezoning Lot 25,'Block 7,.Macalester Villas Addition -- 1614 Stanford from a Class "A" Residence District to a Commercial District, and find that said petition is sufficient. Yours very truly, 2L-) L s. Dcmald M eCourcy Co ssione of Financ CH:cp Attach. c.c.-to Mr. Schroeder �j Y.1,.: r1M ho January 26., 1960 The Honorable Members of the City Council City of Saint Paul, Minnesota Dear Sirs and Madam: For the past ten (10) years I have operated a beauty shop at 247 South Snelling Avenue, and herewith submit to your Honorable Board a petition to operate a beauty shop in my home at 1614 Stanford Avenue. If the petition,be granted, I would make the change as soon as I can dispose of my present shop. The petition has been signed by all recorded owners within the required 100 feet of my lot, with the exception of Lot 3, Block, 7, in which instance I secured the signature of the brother -in -law of the owners who are in Europe for the balance of 1960, and Lot 24, Block 7, in which instance the signatures of the four heirs have been secured. In addition thereto, I have secured the signatures of ten owners beyond the 100 foot area. If permitted, I will install but one chair in a rear room of my,home. No sign will be placed on the house. Entrance will be through�a side door, and parking facilities will be available in the rear. I am not planning on a large clientele,_ but do hope to retain some of the very long time customers. My husband died last April and mounting expenses at my present shop have occasioned this contemplated move. I pray for your favorable consideration. Respectfully submitted, Mrs. Agnes A.: Wandrei 1614 Stanford-Avenue St. Paul 5, Minnesota j I i ' MAGA L oE5 - -d'''" ..(.4c.. 'h�- a.GC..�. -4�� ice. 96�•�- Cr.Gco� -s. /k�v �p Council Flle No. 190441— Ordinance No. 11710 -By Bernard T. Holland — An ordinance amending the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of cer- tain properties in the City of Saint Paul. This is an emergency ordinance rendered necessary for the preserva- tion of the public peace, health and safety. The Council of the City of Saint Paul Does Ordain: SECTION 1 That the Zoning Code, Chapters 60 Ito 64 inclusive of the Saint Paul Leg - islative Code, as amended, pertaining `to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, be and the same hereby is further amended so as to rezone the following described prop- erty from "A" Residence District to Commercial District: Lot 25, Block 7, Macalester Villas Addition, according to the plat` thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, located on the south side of Stan- ford Avenue between Snelling and* Macalester Avenues, subject to the following express gx- ceptions and conditions: 1. That, subject to any .further re- classiflcation of the hereinabove described real estate, by _virtue of proceedings therefor hereafter in -� stituted, conducted and co- ompleted according to applicable provisions of said Zoning Code, as amended, and applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the following spec- ified uses, to -wit: (a) Residential District uses permitted by the reg- ulatory provisions of the said , Zoning Code, as amended, in 'A" Residence District, "B" Residence District and "C" Residence District, thereby established, and (b) Com= I mercial Uses which shall include no more than the establishment, maintenance and conduct of a hair dressing and beauty culture shop, sub ect to all applicable statutes, ord ances, rules and regulations prescribed and promulgated by, governmental agencies having cog -I nizance, and without the use or employment of any advertising sign or placard pertaining to the same. 2. That the owner of said real estate, , within the period of 60 days next i w Tsuc eeeding with 11 publication of this i 2' a 1 A, STATE OF MINNESOTA County of Ramsey ss. CITY OF SAINT PAUL I� Josep}i__R,__OlcQn�sk .................................... City Clerk of the City of Saint Paul, Minnesota do hereby certify that I have compared the attached copy of Council File No ----- 1.96;41 being - - -OX-4 .. G. 11716 as adopted by the City Council- ............. A ril..13th- ---------------- 19.60---------- and approved by the Mayor .................... Apr:1 1113th ................ 19.fi0... with the original thereof on file in my office. --------- °-----•------.... •----°..... •--------------------• •-•------• ----------° - -----------....---------------- °--....---------°-- I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, Minn., this........ 1.8trh .............. day of----- - - - - -- ...... ....................... A. D. 19...60 .... ® City - ------------------------ Clerk. •K �.. +� • // V l DEED OF NEGATIVE EASEMENT AND ACCEPTANCE OF ORDINANCE THIS INDENTURE, made and executed'this 6th day of June, 1960;, by and between Mrs,. Agnes Wandrei of the County of Ramsey; State of Minnesota, hereinafter designated "the first party ", and City of gaint Paul, hereinafter designated "the second Party ": WITNESSETH: WHEREAS, the first party; on and for a considerable period of time next preceding the 6th day of June, 1960, were and ever since said date have been the owner; in fee simple, of all of the following described real estate situate in the City of Saint Paul; County of Ramsey; State of Minnesota, to- wit: Lot,25, Block 7, Macalester Villas Addition, according to the plat thereof on,file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, located on the south side of Stanford Avenue between Snelling and Macalester Avenues: WHEREAS, said real estate on said date and for a con- siderable period of time next preceding the sames was zoned and classified in "A" Residence District under and by virtue of City of Saint Paui Building,Zone Ordinance No, 5840, as amended; Chapters 60 to 64 inclusive, Zoning Code; Saint Paul Legislative Code; and pursuant to the petition of the first party, the Council of.the, second party, according to the pro- visions of said Building .Zone Ordinance and said Zoning Code and the statutes of the State of Minnesota, in such cases o made and provided, with the written acquiescence of the ; - 1 - is rt a owners of two - thirds of the several desnr.iptions- of -real. eslltate. situated within 100 feet of said real estate, duly enactedl,City of Saint Paul Ordinance No. 11716, approved April 13, 1960; and published in the Official Newspaper of tfie secondI party 'on the 16th day of April, 1960, amending said Ordinance No. 5840, as amended; and said Building Zone Ordinance and said Zoning'Code, so that said herein - above described real estate was thereby and thereunder re- zoned and reclassified from "A" Residence district to Commercial District„ subject to especial exceptions and conditions in the nature of especial restrictions upon the use of the same whereby the use and employment of said hereinabove described real estate was restricted to the fol- lowing uses and employments, subject'to further rezoning Iand reclassification of the same by virtue of proceedings therefor thereafter instituted,'conductedj and completed; according to applicable provisions of said Ordinance No. 5840, and said Building Zone Ordinance and said Zoning Code, and of statutes N of the State of Minnesota, to -wit: (a) Residential District uses permitted by the regulatory provisions of the said Zoning Code, as amendeds, in "A" Residence District; "B" Resit ence ]Ds trict, "C" Residence District, thereby established, and ' (b) Commercial uses whlch'shall include no more than the •establishment, maintenance and conduct of a hair dressing and beauty cul- ture shop, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance; and without the use or employment of any advertising sign or placard pertaining to the same. WHER2AS; the first party, for itself, its heirs, 2 - administrators, executors-, and assigns, intends hereby to ac- cept said Ordinance No. 11716, approved April 13, 1960, and to provide for the imposition, maintenance; and enforcement of such especial 'restrictions upon the use of said hereinabove described real estate to run with the land and to grant unto the second party,`in further compliance with the conditions of said Ordinance No. 11716, a negative easement therefor: NOW, THEREFORE, the first party, as such owner of said hereinabove described real estate, for itself, its heirs, administrators, executors, and assigns, does hereby covenant and bind itself., its heirs; administrators# executors, and. assigns unto the second party that; in accordance with said Building Zone Ordinance and said Zoning Code, particularly as the same has been amended by said Ordinance No. 11716, said real estate has been effectively restricted and limited in respect of its use'and employment and shall henceforth be restricted and limited in such particulti-s as'follows, to -wit: "That; subject to any further reclassifi- cation of the hereinabove described real estate by virtue of proceedings therefor hereafter in- stituted-, conducted and completed according to applicable provisions of said Building Zone Or- dinance and said Zoning Code.i and applicable pro- visions of the statutes' of the State of Minnesota, hereby, the employment of said real estate hence- forth is restricted and,limited to the following specified uses, to -wit: (a) Residential District uses permitted by the regulAtory provisions of the said Zoning Codei as amended, in "A" Residence District, "B" Residence District,, "C" Residence, District, thereby established, and (b) Commercial Uses which shall include no more than the establish - ment, maintenance and conduct of a hair dressing and beauty culture shop* subject to all applicable statutes, ordinances, rules "and regulations pre - scribed,and promulgated by governmental agencies having cognizance, and without the use or emplo:r- ment of any advertising sign or placard pertaining to the same; -3_ r, -_and the said first party, for itself, its heirs, administrators, executors, and assigns hereby grants, conveys and warrants unto the second party, said City of Saint Paul, as such municipal corporation, in trust for the benefit of the public, a per- petual negative easement in and'to said hereinabove described real estate and all thereof, for the imposition, maintenance, and enforcement by the second party, as such municipal corpora- tion, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run with the land, and for good 'and valuable consideration, the receipt and sufficiency whereof by the first party hereby are acknowledged. FMTHER, the first party makes reference to said Building Zone Ordinance No. 5840 and said Zoning Code, as amended, and by reference'ncorporates the same herein, as part hereof, with the same intent, purpose, and effect as if said Building Zone Ordinance and said Zoning'Code, were fully set forth herein; and makes further reference to said amenda- tory Ordinance No. 11716 and to the duly certified copy of the same hereto attached and hereby incorporated herein by reference as part hereof; and said first party, for itself, its heirs, administrators, executors, and assigns, hereby accepts said amendatory Ordinance Nok 11716 as amended, and every provision, term, and condition of the same without reservation or exception. - 4 - IN TESTIMONY WAEREOP, said first, party, Mrs. Agnes Wandrei, has set her hand to this instrument as of the day and year first above written'. In Prsesence of . STATE OF MINNESOTA' County of `Ramsey r=` On this +day of , 1960,, before me, a 'Notary 'Pub.lic within and for said County, personally appreared Mrs. Agnes Wandrei. , to me known to be the person-described in, and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary, Public County, Minn. My commission expires _ �j`- Y0 , 19LI f. y .r t IN TESTIMONY WAEREOP, said first, party, Mrs. Agnes Wandrei, has set her hand to this instrument as of the day and year first above written'. In Prsesence of . STATE OF MINNESOTA' County of `Ramsey r=` On this +day of , 1960,, before me, a 'Notary 'Pub.lic within and for said County, personally appreared Mrs. Agnes Wandrei. , to me known to be the person-described in, and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notary, Public County, Minn. My commission expires _ �j`- Y0 , 19LI f. y �•_ is 2n ' ;aid over to 3rd and app dopt Yeas Nays Yeas Nays DeConrcy DeConrcy Holland Holland Mortinson / ^y Mortinson Pet—on �gnn C ✓ ✓✓ Rosen Winkel Winkel tee- -- riff w Mr. President Dillon s / L4z3z/I