199582�,
oci¢inal to City Clerk
icii File No. 199582 — Ordinance No.
• �. ' 11866 —By Frank L. Loss —
f O ,R 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
Q�JiQ/ a4' -rThis is an emergency ordinance
PRESENTED BY Acsaryfor the preservation
• �W.th -and safety.
tptA
L FILE NO.
NCE NO.
An ordinance amending the Zoning Code,
Chapters 60 to 64 inclusive of the Saint
Paul Legislative Code, as amended, pertain-
ing to Use Districts, Height Districts and Re-
zoning of certain properties in the City of
Saint Paul. This is an emergency ordinance
rendered necessary for the preservation of
the public peace, health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
I
Section 1. 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 properties
in the City of Saint Paul, be and the same is hereby further amended
so as to rezone the following described property from "A" Residence
District to 'Commercial,. District:
"The south five feet of Lot 24, all of Lot 23,
and except the south thirty feet, Lot 22,
Block - -14•, Edwin X. Ware's Cumberland Addition,
Plat 1, according to the plat thereof on file
and of record in the office of the Register
of Deeds in and for Ramsey County, Minnesota",
subject to the following express exceptions and conditions:
1. That; -- subject to any further reclassification of
tl-ehereinabove described real estate by virtue
of proceedings therefor hereafter instituted,
conducted and completed according to applica-
ble 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 "A" Residence District, "B"
Residence District and "C" Residence District,
thereby established, and (b) Commercial uses
which shall include no more than the estab-
lishment, maintenance and conduct -of a beauty
shop, subject to all applicable statutes,
ordinances, rules and regulations prescribed
and ptomulgated by governmental agencies having
cognizance, and without the use or employment
of any advertising sign or placard pertaining
to the same.
Yeas Councilmen Nays
DeCourcy
Holland
Loss O
I Mortinsan
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1M 5 -60 0 OM 8
Passed by the Council
In Favor
Against
Orizlnal to City Clerk '
ORDINANCE 9582
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
2.
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 executed
counterparts, said owner's written accept-
ance of this ordinance, incorporating, among
other things, said owner's grant unto said
City of Saint Paul of a negative easement
affecting said real estate for the imposition,
maintenance and enforcement of the aforesaid
restrictions and limitations upon the employ-
ment and use of the hereinabove described
real estate, approved as to form and execu-
tion by the Corporation Counsel and recordable
in the office-of the Register of Deeds.
3. That, in addition to other requirements therefor,
said written instrument of acceptance and grant
shall incorporate a certified copy of this
-ordinance, and immediately upon the:a.foresaid
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 bf
Dee -ds,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 be in
force upon its passage, approval and publication.
Yeas Councilmen Nays
DeCourcy
Holland
Loss +
7 Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest: I
1� � zgd2i!!L�
�i City Clerk
IM s -so s
4
Passed by the Council
140V 231960
17 In Favor
L/) Against
NOV 2 31��A
Approved
Mayor
.Duplicate to Printer
s �
•r
PRESENTED BY
ORDINANCE
'.99582
COUNCIL FILE NO. `
ORDINANCE NO. 1
An ordinance amending the Zoning Code,
Chapters 60 to 64 inclusive of the Saint
Paul Legislative Code# as amended, pertain,.
ing to Use Districtsi Height Districts and Het
zoning of certain properties in the City of
Saint Paul, This is an emergency ordinance
rendered necessary for the preservation of
the public peace, health and safety*
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAINS
Section 1. 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 properties
in the City of Saint Paul, be and the same is hereby further amended
so as to rawne the following described property from "A" Residence
District to "C6minere1al:2(: Districts
"The south five feet of Lot 24, all of Lot 23#
and except the south thirty feet Lot 22,
Block 14, Edwin ?#. Ware's Cumberland Addition,
Plat 1, according to the plat thereof on file
and of record in the office of the Register
of Deeds in and for Ramsey County, Minnesota ",
subject to the following express exceptions and conditional
1* That# subject to any further reclassification of
thehereinabove described real estate by virtue
of proce ®dings. therefor hereafter instiltuted#
conducted and completed according to applica --
blb 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
litAi.ted to the following specified uses, to wits
(a) Residenci &I District uses permitted by the
regulatory provisions of the said Zoning Code,
as amended, in "A" Residence District#. "B"
Residence District And "C" Residence Districts
thePeby established# and (b) Commercial uses
which shall include no more than the estab-
lishment, maintenance and conduct of a beauty
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.
Yeas Councilmen Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
\ Mr. President (Vavoulis)
est:
City Clerk
OM 8
Passed by the Council
Approved:
Mayor
Favor
Against
DupUcat. to Printer
ORDINANCE
C -GUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
2.
2. That the owner of said real estate, within
the period of 64 days next succeeding the
publication of this ordinance., shall file
vilth the City Clerk, in two (2) fully executed
counterparts, said owner's written accept-
ance of this ordinance$ incorporating, among
other things, said owner's grant unto said
City of Saint Pain of a negative, easement
affecting said real estate for the imposition*
maintenance and enforcement of the aforesaid
restrIotions and limitations upon the employ-
ment and use of the horeinabove described
real estate, approved as to form and execu-
tion by the Corporation Counsel and recordable
in the office of the Register of Deeds.
19958?
3. That, in addition to other requirements 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 tho 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 be in
force upon its passages approval and pUblIcation,
NoV 2 31960
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Loss In Favor
Mortinson Q
Peterson A gainst
Rosen Q 3
Mr. President (Vavoulis) Nov
Approved:
Attest:
City Clerk Mayor
iM a -so s
r
` P
r
DEED OF NEGATIVE EASEMENT AND
ACCEPTANCE OF ORDINANCE
THIS INDENTURE, made and executed this 1st day, of December,' 1960,
'by and between Eleanor Reins and John, J. Reins, husband and wife, of the
County of Ramsey, State of Minnesota, hereinafter designated "the first party ",'
and City of Saint Paul, hereinafter .designated "the second party"
WI"TNES,`SETH•
WHEREAS,, the first party; onand for -a considerable period of time
r
next preceding the-,lst day of December, 1960, were' and eyer since said
date have been the owners;�Rin fee .simple,--of all of the following described
real estate situate in the City of Saint Paul, County of Ramsey and State
of Minnesota, to -wit:
The south five (5) feet of :Lot Twenty -four (24) and except
the 'South thirty (30) feet of Lot Twenty -two (22) and all of
Lot Twenty -three (23), Block Fourteen (14),' Edwin M.
Ware's Cumberland Addition, Plat 1, Ramsey County,
=.
'Minnesota..
Commonly known as 1478 Cumberland Street, St.. Paul, Minnesota
WHEREAS,' real estate, op s.id date ' and for .a considerable period
of time newt preceding the same; tiu•as Boned and classified in "A." Residence
District under and by, virtue of the City of .Saint Paul Building Zone Ordinance
No. 5840, as amended; Chapters . .00 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 provisions of said Building Zone
Ordinance and said Zoning_ Code and the statutes of the State of Minnesota, in
_ such cases made and provided, with the written acquieseerice 6f4tWo thirds of
the several descriptions of real estate situated within 100 feet of said real
estate, duly enacted Ciiy of Saint Paul Ordinance No. A1866, approved
November 23, 1960, and published in the official newspaper.of the second
party on the 26th day of November, 19600. amending said Ordinance No. 5840
r -�
OFFICIAL
RAMSEY COUNTY ABSTRACT OF TITLE
Report for Zoning Purposes
as to
The North 10 feet of Lot 22, all of Lot 23 ana t*
South 5 feet of Lot 24, Block 14, Elwin M. Ware's.,
Cumberlana AaAition Plat 1.
nz Q
State of Minnesota
SS
I County of Ramsey
Office of
County Abstract Clerk
The Abstract Clerk of Ramsey County hereby certifies that the
following exhibit consisting of entries Numbered 1 to 14 constitutes
a true and complete report of the apparent ownership of each of the
described premises, which include p emises in caption and all parcels
of land situate within a, radius o I� feet of any part of the
i captioned premises, all as shown� f
records in the Register of
Deeds and /or Registrar of Titles id County.
Given at St. Paul, Minnesota, August 8, 1960 at 8 o'clock A.M.
Liability under this certificate limited to $25.00.
Witness my hand and seal of office.
Abs/ ac ' er o amsey County
B
ap y
ISSUED BY
COUNTY ABSTRACT CLERK, 152 COURT HOUSE
ST. PAUL, MINNESOTA
�g
- Form ABC -1800 20M 12 -59
1.
2.
3.
4.
5.
6.
7.
L--2
9.
10.
11.
12.
13.
14.
. .%
OFFICIAL
RAMSEY COUNTY ABSTRACT OF TITLE
T'We�001ty are the owners of: Lot 3,
Block 13, Egwin M. Ware's Cumberlana AaAition, Plat 1.
is the owner of: Lot 4, Block 13, Egwin M. Ware's
C6ib- erla.n ,1. A ,'aition, Plat 1.
The City of St. Paul, is the owner of : Lots 5, 6, 7, 8, 9, 10 & 11,
Block 13, Elwin M. Ware's Cumberlana Amaition, Plat 1.
Kenneth N. Kreuser & Patricia A. Kreuser, husbanq & wife, are the
owners of: Lot 3, Block 14, EAwin M. Ware's Cumberlana AArlition, Plat 1
Norman L. Clark & Marianne L. Clark, husban,' & wife, are the owners of:
Lot 4 an-' North 30 feet of Lot 5, Block 14, Eawin M. Ware's Cumberlana
AAAition, Plat 1.
Vernon J. Kroening & Irene J. Kroening, husbanA & wife, are the owners
of: The South 10 feet of Lot 5 anA all of Lot 6, Block 14, EAwin M.
Ware's Cumberlana AA -lition, Plat 1.
Kenneth Wilbert Kellerman & Mary 0. Kellerman, husbanA & „wife, are the
ow ners of: Lot 7, Block 14, EAti,d n M. 'Hare's CumberlanA A,'Aition, Plat
1.
Alfrea J. Zieglmeier & Lillian E.
owners of: Lot 8, Block 14, EIw
Sven E. Nelson & Esther Elien
of: Lots 9, 10 & 11, Block 14,
Plat 1.
glmeier, husbanA & wife, are the
Ware's CumberlanA AA &ition, Plat 1
husbanR & wife, are the owners
Ware's CumberlanA AAsition,
John F. Baloga & Lorraine P. Ba►lo� �ri �nq & wife, are the owners of:
Lot 20 an-' the South 20 fee; ock 14, Eawin M. Ware's
Cumberlana Aagition, Plat 1.
Marvin C. Webber & Margaret C. Webber, husbana & wife, are the owners
of: The North 20 feet of Lot 21 ana the South 30 feet of Lot 22, Block
14, Eawin M. Ware's Cumberlanq AAlition, Plat 1.
John J. Reins & Eleanor Reins, husbana & wife, are the owner of:
The North 10 feet of Lot 22, all of Lot 23 anA the South 5 feet of Lot
24, Block 14, Egwin M. Ware's Cumberlan-1 A ,'Aition, Plat 1.
Donald G. Thalhuber is the owner of: The South 20 feet of Lot 25 anA
the North 35 feet of Lot 24, Block 14, EAwin M. Ware's Cumberlan1
A -'Aition Plat 1.
NaAean M. Hruby anA Richarq D. Ives, are the owners of: the North 20
feet of Lot 25 and all of Lot 26, Block 14, Eawin 14. Ware's CumberlanA
AAAition Plat 1.
ISSUED BY
COUNTY ABSTRACT CLERK, 152 COURT HOUSE
ST. PAUL, MINNESOTA
g
Form ABC -1800 20M 12 -59
as amended; and said Building Zone Ordinance and :said Zoning Code, so that said
hereinafter described real estate was thereby and thereunder rezoned and
reclassified from "A" Residence district to Commerei-al District, subject to
especial •exceptions and conditions, in'the nature' of especial: restrictions upon
the use of the same whereby th e: us e- and employ.nent of said herein above
_ described real estate was restricted to the 'following uses'and employments, '
subject to further rezoning and reclassification of the same by virtue of
proceedings - therefor thereafter' instituted, conducted, an coYnpleted,
according to .applicabl;e Provisions- of',said.Ordinance No. 5840; and said
Building Zone Ordinance and said Zoning. Code, and of statutes of the State
of Minnesota, to -wit:
(a) _ Vl�esidential District Use's. permitted by the regulatory
proyisions of the said Zoning Code, as amended, in
"A" Residence District, "B" Residence' -District;
Reside %ce District, thereby established,. and
(b} ColAniercial uses which shall incl _d '� n6 more than tile' -
establishment, mAintenadde and coziduct -of a hair' dressing
and- .beauty culture shop, subject to all applicable statutes,
Ordipances, rules aid regulations prescribed and
promulgated•by governmental age4pies having cognizance;
and without the use or employment of any advertising ,sign
or placard pertaining to the same.
WHEREAS, the first party, for themselves, their 'heirs,
administrators* executors, and asoigns, intends her`ebyto accept said
` Ordinance No.. 1.1866, approved _November 23, 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 vyith: the. land -and
.to grant unto the second party;,' in. further compliance with the conditions of said
r
Ordinance No. 11866, a-negative easement therefor:.
J -
NOVA 'THEREFORE, j4e first party;, ° as such' owner of said -
hereinabove,46scribed real estate, for themselves,,their:jheirs, administrators,
-executors;,- and ,assigns; do hereby- covenant and bind themselves, their heirs, '
administrators; `executors and ;assigns,unto the, second arty ,that,_ in accordance
with, said Building Zone Ordihazice and;:said Zoning Code, particularly as the
same has beeo amended by Paid'Crdiiianc'e No., 1 x.866, , said real estate has been
effectively reytiricted .and limited ,in respect of its .use and employment' .and-
. - ,
shall henceforth be restricted and Limited in, such particulars as foilows, to-wit:
"That;. - subject to• any fuxther "reclassification of the
hereinabove described real .estate by virtue of proceedings
;there %r hbreafter instituted,, conducted and, completed according
to !applicable provisions of -said, Building Zone 'Ordinance and
said Zoning Code, and" applicable provisions of the'statutes,of the
State of Mfxihesota, ' hereby, the employment of said real estate
henceforth. irestrictecl and limited to the following specified
apes; tv- wit:_,(a) ,tesidential District uses permitted by the
regulatory, provisions of the said Zoning Cole, as amended, in
"A" Residence District, "B" ,Residence District; 'lC "-;Residence
District, thereby established, and (b) Commercial 'Uses which
' shall include,no more than the establishment, maintenance and
tonduct,of a hair dressing and beauty- .culture shop, subject to
all applicable statutes,, ordinances, rules and regulations pre-
scribed and promulgated by,-governmental agencieb having
'cognizance,, and without the -use -or employment of any advertising
-sign or, placard pertainiing to the same:
_ and the said first party, for themselves, their heirs, '.administrators, executors,
and assigns hereby grants, -conveys and warrants unto the second party, said
City of Saint Paul, as such, municipa).,,corporatjion, in trust for t'he benefit of the
public,, a perpetual negative easemeiit.in and to sa d,hereinabove described real
estate and all thereof; for the imposition, maintenance, and' enforcement by
the second party, as -such municipal..corporation, of the aforesaid restrictions
arid, limitations upon. the use' and employment of said here nabove;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.
'' . ,
-3- '
FURTHER, the first party makes reference to said Building Zone
Ordinance No, 584Q and said. Zoning Code, as amerided, -`,and by reference
incorporates the same jierein, as part hereof, Withm the, same intent, purpose, ,
and 'effect as if ,said Building Zone Ordinance and said. Zoning fCodei were fully
set forth herein; and makes furthet, reference to said amendatory Ordinance
-
No. 11866 and to•'the duly certified copy of the',same l ereto attached 'and hereby
incorporated herein by reference., as part hereof; and said f - st }arty; fore
themselves,n1their heir,-, administrators, executors, sand assigner' hereby
accept said amendatory Ordinance NO ] 1:866 'as amended, and every, provision,
term, and condition of the same or' `'exception...
y ;
` 3N TESTIMONY WHEREOF, :said first party; Eleanor Reins and
John J. Reins; have set their hands to. -this' instrument as of the day and year,
first above written.: r -
EI'eaitoi ii ei s -
. r
' e
r Ris J
STATE OF 'NIINNESOTA ) ,
COUNTY OF RAMSEY
. On thi$ day of December ,, 1.966,_ before me, a Notary
Public within and for said County, personally appeared Eleanor Reins and `
John.4. Reins., ,to me known to be the persons described in, ,and who executed.
theL foregoing instrument, and acknowledrth2executed the same as
their free act and deed.'
RALPH STACKER" =
` '-NofaFV Public, Ramsey County, Minn.
z My Commission Expires Aug, J•9,- k9_66,
e No. 199582— Ordinance No.
Ai Frank L. Lbss-
finance amending the Zoning
/° Viapters 60 to 64 inclusive of
,a''� t Paul Legislative Code, as
3 4, pertaining to Use Districts,
X Districts and Rezoning of cer-
tain properties in the City of Saint
Paul. This is an emergency ordinance
rendered necessary for the preservation
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
to 64 inclusive of the Saint Paul Legis-
lative Code, as amended, pertaining to
Use Districts, Height Districts and
Rezoning of certain properties in • the
(City of Saint Paul, be and the same
Is hereby further amended so as to
rezone the following described property
from "A' Residence District to Com-
�mercial District:
` "The south five feet of Lot 24,
F all of Lot 23, and except the south
thirty feet, Lot 22, Block 14, Edwin
M. Ware's Cumberland Addition,
Plat 1, according to the plat thereof
on file and of record in the office
of the Register of Deeds in and
for Ramsey County, Minnesota ",
subject to the following express ex-
ceptions and conditions:
1. That subject to any further reclassi-
fication of the hereinabove described
real estate by virtue of proceedings
therefor hereafter instituted, con-
ducted and completed according -to 'I
applicable provisions of said Zoning
Code, as amended, and applicable
provisions of the statutes of the
State of Minnesota, hereby, the em-
ployment of said real estate hence-
forth is restricted and limited to
the following specified uses, to wit: '
(a) Residential District uses permit-
ted by' the regulatory provisions of
the said Zoning Code, as amended,
in "A' Residence District, "B"-Resi-
deuce District and "C" Residencd
District, thereby established, and (b)
Commercial uses which shall include
no more than, the establishment,
maintenance and conduct of a beauty
shop, subject to all applicable stat-
utes, ordinances, rules and' regula-
tions prescribed and promulgated by
governmental agencies having cog-
nizance, and without the use of em-
ployment 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'
succeeding the publication of this
ordinance, shall file with the City
Clerk,* in two (2) fully executed
counterparts, said owner's written
acceptance of this ordinance, incor-
porating, among other things, said
owner's grant unto said City of Saint
Paul of a negative easement affect-
ing said real estate for the imposition,
maintenance and enforcement of the
aforesaid restrictions and limitations
upon the employment and use of
the hereinabove described real estate,
approved as to form and execution
by the Corporation Counsel and re-
cordable in the office of the Register
of Deeds.
3. That, in addition to other require
ments therefor, said written instru-
ment 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 coun-
terparts 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 andl
be in force upon its passage, approval
and publication.
i
Passed by t$e Council November ,23;
1960.
Yeas — Councilmen DeCourcy, Holland;
Loss, Mortinson, Peterson, Rosen, Mr.
President (Vavoulis) -7.
Nays -0.
Approved November 23, 1960.
GEORGE J. VAVOULIS,
Attest: Mayor.
AGNES H. O'CONNELL,
City Clerk.
STATE OF MINNESOTA
County of Ramsey ss.
CITY OF SAINT PAUL .
I ................... W$:.. .e (3- 16...0t0= 911*•------------------ _ - - - - -- -City Clerk
of the City of Saint Paul, Minnesota do hereby certify that I have
compared the attached' copy of Council File No ...... 199� be____
ordimwe No+ u866t
as adopted by the City CounciL_... _JJgvemb=._2.W. * --------------- 1960 ...........
and approved by the Mayor---------- - -- November..2,3xdt_------------ 1960 -----------
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 ------- ,*9th ............... day of------- - - - - -De eambets..--- : - - - -- �.A. D. 19_0t...
S
O °FFICE OF CITY CLERK
BUREAU OF RECORDS
386 City Hall and Court House
St. Paul 2, Minnesota
December 29, x•960
Mr. Robert J. Swords
Corporation Counsel
Building
Dear Sir:
MRS. AGNES H. O'CONNELL
City Clerk
HAROLD J. RIORDAN
Council Recorder
Will you please approve the attached Deed of Negative Easement and Acceptance
of Ordinance and copy thereof in connection with rezoning of S. 5 ft. -of Lot 24
and exc. S. 30 ft. of Lot 22, and all of Lot 23, Block 14, Edwin M. Ware's Cumber-
land Addition, P}at 1, at 1478 Cumberland St., by Ord. No. 11866, attached, and
return-to this office so that we can file same with Register of Deeds?
`3
JM
DEC 2J KO
I
CORPORATION COUNSEL
N.
........:::
,.
I ..
11111..
tilt
ii0
1
I_T_V_ P_1 C C A .1 1�IZT D A— IX-1
Very truly yours
Ze
City Clerk
MINNESOTA P
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V-) EL
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DEED OF NEGATIVE EASEMENT AND (�
ACCEPTANCE OF ORDINANCE
THIS INDENTURE, made and executed this 1st day of December, 1960,
by and between Eleanor Reins and John J. Reins, husband and wife, of the
County of Ramsey, State of Minnesota; -hereinafter designated "the first party ",
and City of Saint `Paul,- hereinafter-designated- "the second party ":
W'ITNESS -ETH: _ -
WHEREAS, the first - party,, onand for a considerable period of time
next preceding the 1st day of December, 1960, were and ever since said
date have" been the owners; in,fee simple, of all of the following described
real estate situate in the City of Saint-Paul, County of Ramsey and State '
of Minnesota, to-wit:
The south five (5) feet of Lot Twenty -four (24) and except
the South thirty (30) feet of Lot Twenty-two (22), and all of
Lot Twenty -three (23), -Block Fourteen (14), Edwin M:
Ware!s Cumberland Addition, Plat 1, Ramsey County,
R . = Minnesota.
Commonly known• as 1478 .Cumberland- Street, St. Paul,, Minnesota
WHEREAS,.._ said real estate on.said date and.for a considerable period
of time next preceding the same, -was zoned and classified in "A" Residence
District under-'and by virtue of the City of Saint Paul Building Zone Ordinance
No. -5840, as amiended; 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 provisions of said Building`Zone
Ordinance and said Zoning Code and the- statutes of the State of Minnesota, in
such cases made and provided, with the written acquiescence of tiyq- thirds of
the several descriptions of real estate situated within 100 feet of said real
estate, duly enacted City of Saint Paul Ordinance No. 11866, approved
November 23, 1960, and published in the official newspaper of the second
party on the 26th day of November., 1960, amending said Ordinance No. 5840
EXEMPT FROM STAVE DEED TAX
WILLIAM M. KILLEEN, Go. Treas
Sy n ate 0
as amended; and said Building. Zone Ord#ance and said Zoning Code, so that said
hereinafter described real' estate was thereby' and thereunder rezoned and -
reclassified from "A" Residence district to Commercial District, subject to
-� especial exceptions and conditions in the nature of especial: restrictions upon
max the use of the same whereby the useb -and employment of said hereinabove
described . real estate was restricted.to the following uses and employments,
r y •
subject to" further rezoning and reclassification of the same by virtue of
proceedings therefor thereafter instituted-{ conducted,' and completed,
according to applicable provisions °of said Ordinance No. 5840, and said
Building Zone Ordinance and said Zoning Code, and of statutes of the State
of Minnesota, to -wit:
(a) Residential District uses permitted by the regulatory
provisions of the said Zoning Code"' as amended, in ,
"A.'.' Residence District, "B�' Residence District,
Residence District, 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 ad..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.
WHEREAS, the first'party,' for,themselves, their heirs, `
admi.ni.strators.. executors,, and assigns, intends hereby to accept said
' Ordinance No. 11866,' approved November 23, 1960, and to provide for'the
imposition, maintenance,, and enforcement of such especialrestri,ctions
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. 11866;• a negative easement therefor;
r •
- NOW, - THEREFORE; the_first party,. as such owner of said
'hereinabove described real estate, for themselves,- their heirs, administrators,
yc{ executors, and, assigns,, do hereby covenant and bind_themselves, their heirs,
j
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. 11866, 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 particulars as. follows,• to-wit:
"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 Building Zone Ordinance and
said Zoning Code, 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
"A" Residence District; - "B" Residence'District- "C" Residence -
`District, thereby established, and (b) Commercial Uses which
_ . shall inelud_ -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 pre-
scribed and promulgated by governmental agencies having
cognizance, and without the use or employment of any advertising
sign or placard pertaining to the same: _ r
and the said first party, for themselves, their 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 perpetual 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 corporation, 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.
L i r
FURTHER, the first party makes reference to said Building Zone
Ordinance No.- 5840 and said Zoning Code, as amended,- and b - 'reference
incorporates the same herein, as_ partyhereof, 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 'amendatory Ordinance
No., 11866 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
them s elve spatheir heirs, - 'administrators; executors, and assigns, hereby -
accept -said amendatory, Ordinance No. 11866 as -amended, and every provision,
term, and condition of the same without reservation or exception.
IN TESTIMONY WHEREOF, said first party, Eleanor Reins and
John J. Reins,' have set their hands to this instrument as of the day and year
first above written..' ,
In es nce of- '
_ Eleanor Reins
ohn J. k, eins
STATE OF M[NNESOTA )
ss..
COUNTY OF RA.MSEY •., ,.
On this $ day of December 1960, before me„ a Notary
- Public within and for'- said-County; persona.11yappeared Eleanor Reins and
• ' - husband and �ife -- '
John J.- Reins, / to me known o -be the persons described in, and who executed
the foregoing instrument, and acknowledged that they executed the same as
their free act and deed.
ar�' ► otat�j �u�lic; IRaSrt 4yjCb{inty, IMAM,
ni'sion kxpire4 l ug:19, 1966,
• - - �Grryrijii1liit.►ltSll +�' - .
?.•l.;_•:. }: ;: ;:.i: {tii'•i'•i'i ice•
iii +iii {a.... •i i :c..
RD OFZONING, CITY OF SAINT PAUL
#i'il'N:sl`aN; 1S1- aa1:93S 1313 CITY HALL AND COURT HOUSI SAINT PAUL 2, MINNISOTA
Mrs. Agnes H. O'Connell
City Clerk
Building
Dear Madam:
October 31, 1960
x.99582
This is in the matter of the petition of Mrs. Eleanor Reins to rezone from
"A" R��id�nce .cozl .certain property located on the east side of Cumberland
Street between Arlington and Nebraska Avenues for the purpose of conducting
a beauty - parlor in the home. The property is described aslthe south five feet
of Lot 24, all of lot 23, and except the south 30 feet, Lot 22, Block 14,
Edwin M. Ware's Cumberland Addition, Plat 1.
On September 28, 1960, the Commissioner of Finance reported the petition
sufficient with the owners of 16 of a possible 17 (94;b) tracts of land within
the prescribed 100 foot radius having signed the petition. In a letter attached
to the petition dated September 26, the Superintendent of Schools stated that
the petition was signed by the Board of Education solely for the purpose of
qualifying the petition to be considered by the City Council.
The property under consideration is developed with a substantial single - family
residence and a two -car garage. At the Board meeting, the attorney for the
applicant stated the beauty - parlor use in the home had been functioning for
about ten years, and the purpose of the petition was to rezone in order to
legalize the existing use. The property under consideration has a frontage
of 55 feet along Cumberland Street and extends to_a depth of 124 feet, resulting
in an area of 6,820 square feet. The surrounding area'is developed with single -
family residences except across Cumberland Street to the west which is the site
of the Arlington Elementary school grounds.
Field investigation discloses that the rezoning of this property would con-
stitute "spot zoning ", would deviate from the purpose and intent of the Ordinance
and would have a detrimental effect on the adjoining properties. From the
Standpoint of sound planning and land use principles, a use of this nature should
be established in a commercial zone. In addition to the filing of the rezoning
petition, a petition signed by 97 people urging the City Council to rezone this
property was filed. In itself, this indicates the magnitude of the operation
and the need for its location elsewhere.
In consideration of the above factors, the Board of Zoning recommends the denial
of the petition to rezone the above described property for the purpose of con-
ducting a beauty parlor business in the residence.
Sincerely,
/. . 4
H.. C.
Board
HCW :FGI
Encl.
Z.F. 4523
tf
Wieland, Secre
of Zoning
CITY OF SAINT PAUL
CAPITAL OF MINNESOTA
DEPARTMENT OF FINANCE
BERNARD T. HOLLAND, Commissioner
WILLIAM W. ROONEY, Deputy Commissioner
113 Court House, Zone 2
CApital 4-4612
September 28, 1960
ELTOR A. DEHN
Valuation Engineer
CLIFFORD M. NYSTROM
Chief Cashier
To the Council
City of St. Paul
Gentlemen:
I have checked the attached petition, filed in the matter of
rezoning the
South 5 feet of lot 24 and except the South
30 ft. of lot 22 and all of lot 23, block
14, Edwin M. Ware's Cumberland Addition Plat
1. 1478 Cumberland Street.
from a Residential District to a Commercial District, and
find that said petition is sufficient.
C. C. - Mr. Schroeder
City Architect
CH :cp
Yours very truly,
0
Bernard T. Holland
Commissioner of Finance
) IN Z
THE. SAINT PAUL PUBLIC SCHOOLS
615 CITY HALL
SAINT PAUL 27MINNESOTA
OFFICE OF THE SUPERINTENDENT
September 27, 1960
To the Honorable Mayor and Members of the
City Council and the Zoning Board of the
City of Saint Paul:
The attached petition has been signed on behalf of
the Board of Education for that portion of the
property described therein which is owned by the
City for school purposes. It should be understood,
however, that in signing this instrument the Board
of Education is not petitioning the Council or the
Zoning Board for either favorable or unfavorable
action, but enters into the petition only in order
that the petitioners may be eligible for hearing in
the pending matter.
Sincerely yours
Forrest E. Conner
Superintendent of Schools
�- C
� . I e . A
a "/
o J ,�
CITY OF ST. PAUL, MINNESOTA
PETITION TO AMEND ORDINANCE NQ. 5840 p
THE BUILDING ZONE ORDINANCE.
To the Honorable Mayor, and City Council
c/o The City Clerk
City of St. Paul, Minnesota
Dated. at St. Paul, Minnesota
this 29 day of August, 196.0
U)
rn
Gentlemen: F
0
Pursuant to Section .23, Ordinance No. 5840, we, the undersigned, -o tners.
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 to rezone the
following described property:
TheSouth Five (5) feet of Lot. Twenty -four, (24) and except
the South Thirty (30) feet, Lot Twenty -two (22) and all of
Lot Twenty - three- (23), Block Fourteen (14), Edwin. M.
Ware's Cumberland Addition Plat 1. r1
Commonly known as 1478 Cumberland Street t-t.
from a residence district to a commercial district for the purpose of installing,
constructing and /or operating a beauty shop in a. single family home:
U
��r Z
Record Owner Signature Lot
City of St. Paul 32 4, 5,
Superintr ent of 5c oois'
6, 7, 8,
9, 10 &.
11
Kenneth N. Kreuser
U Patricia A. Kreuser
3
Block Addition
Edwin M.
Ware's
Cumberland
13 Addition
Plat 1
14
Record Owner
Norman L., Clark
Marianne L. Cl rk
Vernon J. Kroening
O Irene J. Kroening
Kenneth Wilbert
Kellerman
JMary O. Kellerman.
See
below
d/,�,
Alfred J. Zieglmeiez
Lillian E. Zieglm.eie
� f f
Lot Block Addition
4 &N.
30 ft of
5 14
_
loft. of
and all of
6 14
7 14
A
( Sven' E. Nelson �� 10
(Esther Ellen Nelson' a� 1-12�
John F. Baloga' 4K, 20 & S.
20 ft of
Lorraine P. Balog`a 21
Margin C. Webber �L_1A_ �f 12_e2z84_N. 20 ft of
M � 21 and .S. 30
Margaret Webber � O- a
ft. -of 22
John J. Reins
Eleanor Reins
14
14
Edwin M.
Ware's-
Cumber-
land Add.
Plat I
n
n
n
rr
14 "
14
N. 10 ft of
22, all of
23 & S. .5 ft "
of 24 14
Donald G. Thalhuber _D� 20 ft of 25
&N 35 ft of
m
24 14 if
Nadeau M. Hruby
,� N. 20 ft of
�523�Ci� /. �.'i 2 5 and all of
Richard D. Ives 26 14 it
*Sven E. Nelson andEsther Ellen Nelson are deceased and Gordon Earl Nelson
and Lois Mae Nelson are the heirs of this property and are now the owners
thereof.
3
STATE -OF MINNESOTA )
) ss.
COUNTY -OF ,RAMSE.Y
ELEANOR REINS, being first duly sworn, deposes and states that she
is the person who circulated the within petition. consisting of three pages, with
this page;, 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.
Subscribed .and sworn to before me
this � day of August, 1960.
1
ARY C. NEWCOME
Notary Public, Ramsey County, Minn.
My commisssion Expires July 9, 1966
MEMORANDUM
The attached four pages of signatures are submitted to the Honorable Council
of the City of St. Paul in, connection- with. the petition of Eleanor Reins -dated
August 29, 1,960 for the rezoning of;
The South Five (5) feet of Lot Twenty -four (24) and except
the South Thirty (30) feet, Lot Twenty -two (22) and all of
Lot Twenty -three (23), Block Fourteen (14), Edwin M.
Ware's Cumberland Addition Plat 1.
Commonly known as 1478 Cumberland Street
from a residence district to a commercial district for the purpose of installing,
constructing and /or operating a beauty shop in a single family home:
While the attached 97 signatures are not people within 100 feet of the effected
real estate they are the only neighbors in that area as can be seen from the
addresses and are joining in the request for the granting of Mrs. Rein's petition.
STACKER & STACKER
Attorneys for Eleanor Reins
938 Minnesota Building
St. Paul 1, Minnesota.
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Council File No. 199582 — Ordinance No.
11866 —By Frank L. Loss—
An brdinance amending the Zoning
Code, Chapters 60 to 64 inclusive of
S
the aint 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 preservation
o. the public peace „health and safety.
The Council of the City of Saint Paul
Does Ordain:
SECTION 1'
That the Zoning Code,' Chapters 60
to'64 inclusive of the Saint Paul Legis-
lative Code, as amended, pertaining to
Use Districts, Height Districts and
Rezoning of certain properties in the
City of Saint Paul, be' and the same
Is hereby further amended so as to
rezone the f ,)llowing described property
from "A ". Residence District to Com-
mercial District:
"The south five feet of Lot 24,
all of Lot 23, and except the south
thirty feet; Lot 22, Block 14, Edwin
M. Ware's Cumberland Addition,
Plat 1, according to the plat thereppf
on file and of record in the offihe
of the Register of Deeds in and
for Ramsey County, Minnesota" i
subject to the following, express, ex-
ceptions and conditions:
1. That, subject to any further reclassi-
fication of the hereinabove described
real estate by virtue'of proceedings
therefor hereafter instituted, .con -
ducted and completed according to
applicable provisions of said Zoning'
Code, ds amended, and applicable
provisions of the statutes . of the
State of Minnesota, heiteby, the em-
ployment of said real estate hence-
forth , is restricted and limited to
the following specified uses, to wit:
(a) Residential District uses germit-
ted - -by the regulatory provisions of
the said Zofling Code, as amended,
in "A” Residence District, "B" Resi-
dence 'District and "C" Residence
District, thereby established, and (b)
Commercial uses which shall include
no more than the establishment,
maintenance and conduct of a beauty
shop, subject to all applicable stat-
utes, ordinances, rules and regula-
tions prescribed and piomulgated. by
governmental agencies having cog-
nizance, and without the use of em-
ployment 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
succeeding the publication of this
ordinance, shall file with the City
Clerk, ip two -(2) fully executed
counterparts, said owner's written
acceptance of this ordinance, incor-
porating, among other things, said
owner's grant unto said City of Saint
Paul of a negative easement affect-
ing said real estate for the imposition,
maintenance and enforcement of the
aforesaid restrictions and limitations
upon the employment and use of
the hereinabove described real estate,
approved as to' form and execution
by the Corporation Counsel and re-
cordable in the dffice of the Register
of Deeds.
3. That, in addition to other require-
ments therefor, said written instru-
ment 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 coun-
terparts thereof to be filed of record
in the office of the Register of Deeds
in and for Ramsey County, Minnesota.
SECTION 2 01
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
be in force upon its passage, approval
and publication.
Passed by the Council November 23,
1960. -
Yeas — Councilmen DeCourcy, Holland,
Loss, Mortinson, Peterson, Rosen, Mr.
President (Vavoulis) -7. r
Nays -0.
Approved November 23, 1960.
_GEORGE J. VAVOULIS,
Attest: Mayor.
-
AGNES H. O'CONNELL, '
City Clerk.
(November 26, 1960)
STATE OF MINNESOTA
County of Ramsey Ss.
CITY OF SAINT PAUL
Mrs. Agnes R. 01,Connell, City Clerk
I +------------ -• - - -- ------------------------------------------ ••--- - - - - -- ty
of the City of Saint Paul, Minnesota do hereby certify that I have
199582, being
compared the at ac copy of Council File No-------------------------------------------
Ordinance No. 11991
November 23rd, 60
as adopted by the City Council-------------------------------------------------------19----------------
November 23rd,------ - - - - -- --1960
and approved by the Mayor______ _________ __________ _ _ _ -_ _ _ ,
with the original thereof on file in my office.
I further certify that said copy is
said original and the whole thereof.
WITNESS my hand and the seal of the City
this-- - - - - -- 29th------- - - - - -- -day of - - --
r
Minn.,
An
I
gist - ,
Laid over to-
3rd and app
Yeas Nays
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President Vavoulis
199582
Yeas Nays
'-N"',DeCourcy
olland
`Loss
ortinson G
\-Peterson
\ 'N,-. Rosen
M2�. President Vavoulis