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198746L ^' OR161NAIn TO CITY CLERK COI PRESENTED BY COMM :)uncil File No. 198746 -13y Bernard T. Holland— AA I Resolved, Pursuant to the teport and CITY OF ST. Pay recommendation of the Valuation En- gineer in the premises, that all con - OFFICE O THE CITY raul rand tbetween e Appellants City hefMat Matter of the Appeal to the District Court by CI RES L TION— GlKenneth Victorson and Merle Ann Vic- torson, contract for deed vendees and occupants of the subject real estate. N 4-- ­198746 RESOLVED, pursuant to the report and recommendation of the Valuation Engineer in the premises, that all controversies between the City of Saint Paul.and the Appellants in the Matter of the Appeal to the District Court by Kenneth Victorson and Merle Ann Victorson, contract for deed vendees and occupants of the subject real estate, from the Award of Damages made, ratified and confirmed by this Council's 3rior Resolution, C. F. No. 195065, approved December 17, 1959, in the amount of $350.00 for said City's condemnation and taking of the following described easements: An easement in the land necessary for slopes, cuts and fills in the grading of Cottage Avenue in the following: South 36.93 feet of Lot 2, and north 12 feet of Lot 3, Block 1, Stone and Morton's 2nd Addition to the City of Saint Paul, Ramsey Co., Minnesota, said easement being in the land along the north line of the tract described and being immediately adjacent to the soaatb.line of Cottage Avenue, to be of variable width but not to exceed a maximum width of 12 feet, including right of removal of lateral support from subject land or remainder thereof occasioned by excavations thereof or construction of slopes, be fully and forever compromised and settled and said Appeal dis- missed, with prejudice, according to the following provisions, terms and conditions: (a) That said Award of Damages be increased so that the same shall be in the amount of $1425.00. (b) That said Award of Damages as so increased shall become and be payable to the .persons shown to be entitled to the payment of the same., as certified by the Corporation Counsel or as finally determined by the District Court, in the event that the amount of said increased Award of Damages shall be paid into said District Court, pursuant to the resolution of this Council and COUNCILMEN Yeas Nays {; DeCourcy Holland Loss Tn Favor Mortinson Peterson Rosen Against Mr. President, Vavoulis SM 5.60 0ep 2 Adopted by the Council 19— Approved 19— Mayor ORIGINAL -101 CITY CLERK a CITY OF ST. PAUL COUNCIL NO. 98746 OFFICE OF THE CITY CLERK FILE COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE upon the certification of said Corporation Counsel that he is in doubt as to whom same should be paid, as provided by the applicable State statute. (c) That stLid Appellants and the record'-fee owner of the subject real property shall forthwith make and deliver their effective warranty deed, approved as to form and execution by said Corporation Counsel, conveying unto said City said condemned easements, and there- with deliver to said City a partial release of mortgage, approved as to form and execution by said Corporation Counsel, effectively re- leasing said easements from the lien of any subsisting mortgage of record against said real property. (d) That said Appellants, at their own cost and expense, shall forthwith furnish and deliver to said City's Commissioner of Public Works ,plans and specifications for a retaining wall to be; constructed therefor and which shall be constructed within the ensuing six months by and at the expense of said Appellants in said real_. property on or parallel to the line -of the same coincident with the line of Cottage Avenue upon which the same abuts, of stone construction and adequate for the constant maintenance of the lateral support of the subject real property, such plans and specifications and such con- struction work to be subject to examination and approval by said Commissioner. (e) That said Appellants and their successors and assigns in respect of said real property shall be obligated unto said City for the perpetual maintenance of said retaining wall for said purpose and to fully indemnify said City against all liability, loss and expense occasioned by any default of said Appellants or their successors or_assio s in such connection. (f) That said Appellants shall forthwith, for themselves, their successors and assigns, file their written acceptance of this resolution and agreement to abide by and to perform all aforesaid obligations thereby made incumbent upon them as herein provided, in COUNCILMEN Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 6M 5.60 oQ0.2 —fin Favor a A gainst Adopted by the Council 19— Approved 19— Mayor OR161NAISTO�CWY CLERK � CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE the office of the City Clerk, in form approved by said Corporation Counsel. Said Appellants further shall serve upon said City and file with the Clerk of said District Court forthwith a dismissal of said Appeal, with prejudice, and furnish and delter to said City, as obligee, a surety bond with Appellants as principals and a corporate surety, in the penal sum of $2000.009 conditioned for said Appellant's full and :,ftIa.thful performance of their obligations as imposed by this resolution and their acceptance of the same. (g) That in the certain public improvement entitled: "In the Matter of Grading Jessie St. from Brainerd Ave. to Cottage Ave.; Bradley St. from Ivy Ave. to Cottage Ave.; Ivy Ave. from Jessie St. to Burr St.; Cottage_Ave. from Edgerton St. to Burr'St., "under Preliminary Order 192608, approved June 3, 19599 Intermediary Order 193899, approved September 8, 1959, Final Order 1942289 approved October 6, 1959, and which does or shall involve the grading of said sections of public street, the estimated special benefits resultant to the subject real property therefrom and the local improvement assessment to be levied therefor by said City, in each instance, represent the amount of $425.00, and as part and parcdl.hereof said Appellants, for themselves and their successors and assigns shall be deemed to waive and relin- quish any objection which they might otherwise interpose in the District Court to judgment-confirming such assessment against said real property. SEP 1. 1960 COUNCILMEN Adopted by the Council i 19— Yeas Nays -D o urey S_ E P 11960 Holland Approved 19— Loss In Favor Mortinson Peterson gainst Mayor Rosen A Mr. President, . SM 5.60 '2