191654Original to CitrClerk' N
R - ORDI
PRESENTED BY al!!!�
Council Fide No. 191654— Ordinance No.
11466 —By Adrian P. Winkel—
An Qrdinance pertaining to a drive- 1916 -4
way easement across the City property
immediately abutting Lot 6, Block 19,
Desnoyer Park. This is an emergency
ordinance rendered necessary for the 10.
preservation of the public peace, health
i and safety.
The Council of the City of Saint Paul 0•
_ _ ._.
An ordinance pertaining to a driveway easement
across the City property immediately abutting
Lot 6, Block 19, Desnoyer Park. This is an
emergency ordinance rendered necessary for the
preservation of the public peace, health and
safety.
TIE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That a permit to installc-a driveway across
City property as hereinafter described:
The driveway shall commence on the Mississippi River
Boulevard, 10 feet east of the intersection cf the existing curb
line and the extension of the northwesterly line of-Lot 6, Block 19,
Desnoyer Park, 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 said driveway shall not exceed 20 feet in width,
nor shall it be less than 6 feet from the extension of the aforesaid
northwesterly line of Lot 6.
(2) At the southerly property line of Lot 6, the driveway
shall be elevated at least 3 feet higher than the top of the presently
existing curb.
(3) The cut through the boulevard shall be established
with a rolling grade or berm, with a sufficient slope when sodded to
prevent any erosion, and said slope shall be sodded by the permittee.
(4) That said driveway permit and said driveway may exist
subject to any future widening, grading or other improvement of the
Mississippi River Boulevard by the City of Saint Paul.
Section 2. Provided, that the owner of said Lot 6, Block
19, Desnoyer Park, within the period of 60 days next succeeding the
publication of this ordinance, shall file with the City Clerk in two
fully executed 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
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 recordable in the office
of the Register of Deeds
Section 3. In addition to pother requirements therefor,
said written instrument of acceptance and grant, the owner, his
heirs and assigns shall forever hold and save the City harmless
1
Yeas Councilmen Nays
DeCdurcy
Holland
Mortinson
Peterson
Rosen
Winkel
�
Mr. President (Dillon)
Attesri: / / „ X2 ,e l /%
1M p$_r,+r 8
City Clerk
Passed by the Council
Tn Favor
Against
Original to City Clerk
ORDINANCE 9 6
A
c
COUNCIL FILE NO. 1-`
PRESENTED BY ORDINANCE NO.-d
Page 2.
from any and all claims arising as a result of the installation
and maintenance of the aforesaid driveway, and said driveway shall
conform in all other respects to-the rules and regulations of the
various departments of -the City of - .Sai-nt Paul affecting said con-
struction and maintenance, and Lot 6 add Lot 7, Block 19, Desnoyer
Park, presently owned by the "!Fame. party, shall be subject to the
satisfaction of any and all claims- arising out of the operation
and maintenance and,construction , of the aforesaid driveway.
Section 4. That in addition to the other requirements
therefor, said written instrument of acceptance and grant shall in-
corporate 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 5. This ordinance is hereby declared to be an
emergency ordinance rendered necessary for the preservation of -the
public peace, health and safety.
Section 6. This ordinance shall take'effect and be in
force upon its passage, approval and publication.
APR 2 11959
Yeas Councilmen Nays Passed by the Council
'DeCourcy' -
Holland
Mortinson Tn Favor
Peterson 0
Rosen Against
Winkel
W. President (Dillon)_ Approve: APR 211959
i PP _ — —
Attest:
ity Clerk Mayor
AM 12� .8
y. 4
ACCEPTANCE OF ORDINANCE �
a► s
CROWN BUILDERS, IN2:, a' corporation under the'laws of the
State of Minnesota, acting by its; duly authorized officer, for itself, its
successors and assigns, being the owner of the following described property
lying and being in the County of Ramsey and State of Minnesota, described as
follows, to wit:
The Southwesterl,y.,One -half (SW'ly 1/2) of vacated alley
adjacent and Lots Six -(6) and Seven (7), Block Nineteen
(19), Desnoyer Park, - Ramsey County, Minnesota, according
to the plat thereof oil file and of record in the office
of the Register of Deeds in and.for said.County,
Subject to reservation to the State of Minnesota, in trust for the
taxing districts concerned, all minerals and mineral rights, as pro-
vided in Section 10, Chapter 386, Laws of 1935,
hereby accepts Ordinance No. 11466 of the City of Saint Paul as approved
April 21, 1959, according to its terms and conditions.
Crown Builders, Inc. further agrees that in the _event the City
of Saint Paul at some future date damages the driveway erected and maintained
by Crown Builders, Inc., or any of its successors or assigns, on the public
property of the City of Saint Paul, said Crown Builders, Inc. and its suc-
cessors or assigns will bear the cost of rectifying the damages to the drive-
way situated on public property, and agrees forever to hold and save the City
of Saint Paul harmless from any and all claims arising as a result of the in-
stallation and maintenance of the driveway on the property owned by the City
of Saint Paul, and further agrees that said driveway shall conform in all other
respects to the rules and - regulations of the various departments of the City
of Saint Paul, and agrees that the property described in Paragraph 1 hereof
shall be subject to the satisfaction of any and all claims arising out of the
operation and maintenance and construction of the aforesaid driveway.
IN TESTIMONY WHEREOF, Crown Builders, Inc. has caused these
presents to be executed in its corporate name by its President- Secretary and
.� ,w.
its Corporate Seal to be hereunto affixed on this ��j 'da of
Y
1959.
A certified cola of Ordinance 11466 is attached hereto and made a part hereof.,
PRESENCE CROWN BUILDERS1, INC.
B
Its President- Secretary
STATE:OF MINNESOTA) _
)SS'
COUNTY OF RAMSEY )
F On this day of , 1959,
x
before me, a Notary Public'within and for said County, ee�rsonally appeared
Howard H. Gelb, to me personally- known, who,'being by me duly sworn, did say
that he is the President - Secretary of the corporation named in the foregoing
instrument, and that the seal affixed-to said instrument is the corporate seal
of said corporation, and that said instrument was signed and sealed in behalf
' S '
of said corporation'by authority of its Board of Directors, and said Howard H.
.Gelb acknowledged said instrument to be the free-act 'and deed of said corporation.
_ AURELIA K. PETERSON
Notary Public, Ran „sey County, Minn:
My. Commission ,Expires April 2,'1966,
The above Acceptance is approved as to form and execution
this day of , 1959.
Corporation Counsel
City f aint ul
By z
J
Council File No. 191654— Ordinance No.
11466 —By Adrian P. Winkel —
An ordinance pertaining to a drive-
way easement across the City property
immediately abutting Lot 6, Block 19,
Desnoyer ordinance Park. s
e de ed necessary fr emergency
the
preservation of the public peace, health
and safety.
The Council of the City of Saint Paul
Does Ordain:
SECTION 1
That •a erini install
as hereinafter
aacross City property
described:
The driveway shall commence on the
east of the intersecttiion of the existing
curb line and the extension of the
northwesterly line of Lot 6, Block 19,
Desnoyer Park, 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 said driveway shall not ex-
ceed 20 feet in width, nor shall it be
less than 6 feet from the extension of
the aforesaid northwesterly line of
Lot 6.
(2) At the southerly property line'
of Lot 6, the driveway shall be elevated
at least 3 feet higher than the top of
the presently existing curb.
(3) The cut through the boulevard
shall be established with a rolling
grade or berm, with a sufficient slope
and said sodded shall be soddedeby ithe
permittee.
(4) That said driveway permit and
said driveway may exist subject to any
future widening, grading or ississip im-
provement byfthe City Saint pi
SECTION 2
Provided, that the owner of said
Lot 6, Block 19, Desnoyer Park, within
the period of 60 days next succeeding
the publication of this ordinance, shall
file with the City Clerk in two fully
executed 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 real estate fot the imposition,
)maintenance and enforcement of the
aforesaid restrictions and limitations
upon the employment and use of the
hereinabove described real estate, ap-
proved as to form and execution by
the Corporation Counsel and record-
able in the office of the Register of
iiif Deeds.
SECTION 3
In addition to other requirements
therefor, said written instrument of
acceptance and grant, the owner, his
heirs and assigns shall forever hold
and save the Cityy, harmless from any
and all claims atising as a result of
the the aforesaid idriv way,\ maintenance ive-
to the shill ules and in regulations respects
the Cit 01
dertments of SaintuPaul affecting said t onstruction
and Block maintenance, 19, D Desnoyer Park, ap es nt Y
owned by the same party, shall be arind
all claims arising tout c f of the peratior.
and maintenance and construction of
the aforesaid driveway.
SECTION 4
That in addition to the other re-
quirements therefor, said written in•
strument of acceptance and gran
shall incorporate a certified copy pp o:
thethis aforesaid filing ofl the same theuCit�
cause Clerk shall h
parts thereof to be filedsofrecordei
the Office of the Register of Deeds it
and for Ramsey County, Minnesota.
SECTION 5
This ordinance is hereby declared to
be an emergency ordinance rendered
necessary for the preservation of the
public peace, health and safety.
SECTION 6
This ordinance shall take effect be in force upon its passage, approval
and publication.
Passed by the Council April 21, 1959.
Yeas — Councilmen DeCourcy, Holland,
Mortinson, Peterson, Rosen, Winkel,
Mr. President (Dillon) -7.
STATE OF MINNESOTA
County of Ramsey as.
CITY OF SAINT PAUL
Joseph R. Okoneski,
I+------------------------------------•-----•----••------------------------- •- •-------------------- - - - - -- -City Clerk
of the City of Saint Paul, Minnesota do hereby certify that I have
191654, being
compared the attached copy of Council File No-------------------------------------------
Ordinance No. 11466
as adopted by the City tounciL.____.___Apri1 21,---------------------- 19--- 59_-- - - - - --
and approved by the Mayor------------- - - - - -- April _2--I _______.____--- - - - - -- 19 ... 59--------
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------- - - - - -- 5th day
is �' 2nd
Laid over to
3rd and app ''r / dopted
Yeas
eConrcy
Holland
Nays --Yeas Nays
�DeConrcy
Holland
\ - orunson
Peterson
Rosen
\` Winkel
Mr. President Dillon
.191 E)-
1
Mortinson
\Peterson �
V \� Rosen -7
Winkel
Mr. President Dillon
s