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189836Original to MY CJerk , y ,ORDINANCE 189836 ' COUNCIL FILE NO. PRESENTED BY ORDINANCE - NO_�Li - —� C i lmeil Filr;:_a. ?89836 Ordinance No. Yrs- .S t'd13L +.,rT T An ordinance amending the Zoning Code, Chapte f 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. 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 Legislative Code, pertaining to Use Districts, Height'Districts and Rezoning of certain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the "west 35 feet of Lot 75 and all of Lot 74, Union Park Addition, located on the north side of Feronia,Avenue between Fairview and Dewey Avenues, from t!C" Residence District to Commercial District, subject to the following express exceptions and conditions: 1. That, subject to any further reclassification of the hereinabove "msµ described real estate by virtue of proceedings therefor hereafter instituted, conducted and completed according to applicable provisions of the Zoning Code, Chapters 60 to 64 inclusive, of the Saint Paul Legislative Code, as amended, and applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate hence6orth is restricted and limited to the following specified uses, to -wit: (a) Residential District uses permitted by the regulatory provisions of said Zoning Code, as amended, in "A" Residence •District, 911 Residence District, and "C" Residents District, thereby established, and (b),Commercial uses which shall include no more than the use of said property for offstreet motor vehicle parking as the use for offstreet motor vehicle parking shall'be permitted by the_regulatory_provisions of said Zoning-Code, as amended, in Commercial District thereby established. 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 ,ful-ly'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 limita- `" 01 tions upon the employment and use of the hereinabove described real estate, ap- z proved as to-form and execution by the Corporation Counsel and recordable in 0 the office of the Register of Deeds. 0 3. That, in addition to other requirements therefor, said written 0 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 C 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 passage, approval, and publication. NOV 2 6 1958` Yeas Councilmen Nays Passed by the Council DeCourcy Holland Mortinson h In Favor Peterson 6 Rosen Against — Win1YeY — Mr. President (Dillon) NOV 2 1958 Approved• Attes City Clerk Mayor y 1 X67 7.QGWI�,8 PUBLISHED -.;f9 --5 l +.�. DEED OF NEGATIVE EASEMENT AND ACCEPTANCE OF ORDINANCE THIS INDENTURE, made and executed this day of December., 1958, by and between Har- Mar,_Incorporated, a Minnesota corporation, of —the County of Ramsey,.State of Minnesota, herein- .:. after designated' "the first party ", and City of Saint Paul, here- inafter.designated "the second party ": WITNESSETH: WHEREAS, the first party, on and for a considerable period of time next preceding the 29th day of November, 1958, was and ever since said date has-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: 4=,-The West < Thirty- five (35) - feet - of-�Lot- ---_ _-. -: -- " Seventy -five (75) and all of Lot Seventy- , four (74), Union Park Addition, according to the plat thereof on file and of record in the office. of the Register of Deeds of Ramsey County, Minnesota, ; located . on the i North side of Feronia Avenue between Fair - view and Dewey Avenues; } WHEREAS., said real estate'on said-date and for a con- siderable periodHof.time next'wpreceding the same, was zoned and classified "C" Residence District under and by virtue of the Zoning Code, Chapters 60 to 64 inclusive, Saint Paul Legislative Code, as x amended,. and pursuant to the petition of the first party, the Council of the second.parrty, according to the,-provisions of said Zoning Code ° N and the statutes of the State of Minnesota, in such cases made and provided,-with the written acquiescence of the owners of two - thirds c,o of the several descriptions of real estate situated within 10O.feet of said real estate, duly enacted City of Saint Paul Ordinance No. #► 11373, approved November 26th, 1958, and published in the Official Newspaper of the second party on the 29th day of November, 1958, l r � amending the said Zoning Code, so that said hereinabove described real estate was:'thereby and thereunder rezoned and reclassified from "0 Residence District to Commercial District, subject to express exceptions and conditions in the nature of special re- strictions,upon,the use of the same whereby the use and employment of said "her -einabove 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, and completed, according to applicable provisions of the 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 Building'Zone Or- dinance and said Zoning Code, in "A" Residence District, "B" Residence.District and "C" Residence District, thereby established., and_ (b) Commercial uses which shall include no more than the use of said property for off - street motor vehicle parking as the use for off - street motor vehicle parking shall be permitted by the regulatory provisions of said Zoning Code, as amended, in Commercial District thereby established. WHEREAS, the.first party, for itself, its successors and assigns,'intends,.hereby to accept said Ordinance No. 11373, approved November 26th, 1958, and to provide for the imposition, maintenance and enforcement of such special 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. 11373, a negative easement therefor: NOW THEREFORE, the first party, as such owner.of said hereinabove described real estate, for itself, its successors and assigns, does hereby covenant and bind itself, its successors and assigns unto the second party that, in accordance with said Zoning -2 - Y c� Code, particularly as the same has been amended by said Ordinance No. 11373, 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 .furt,her reclassification of the hereinabove described`real_.,estate,by. virtue of pro'ceedings;therefor hereafter instituted,sconducted. and completed according to applicable - provisions of the Zoning Code, Chapters..60 to 64 inclusive, of the, Saint Paul Legislative Code .as- amended; and appli cable 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 said Zoning .Code, as amended, in "A "-Residence District, "B" Residence District, and - "C" Residence District,,there- by,established, and (b) Commercial uses which shall include no more than the -use of said property for off - street motor vehicle parking as the use for offstreet motor vehicle parking shall be permitted by the regu- latory provisions of said Zoning Code, as amended, in Commercial District thereby established: and the said first party, for itself, its sucdessorsWand 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 des- cribed 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: FURTHER, the first party makes reference to'said Zoning Code, as amended, and by reference incorporates the same herein, as part hereof, with the same intent, purpose, and effect as if said Zoning Code, were fully set forth herein; and makes further reference to said amendatory Ordinance No. 11373 and to the duly certified -3- r copy of the -same hereto attached and hereby incorporated herein by reference as part hereof; ,and said first party, for itself, its successors and assigns, hereby accepts said amendatory- _. Ordinance No. 11373 and every provision, term, and condition of the same,` without, +reservation or 'exception. . IN TESTIMONY WHEREOF, said first party has caused its corporate name to be subscribed and its corporate seal to be affixed by its officers 'duly authorized thereto as of the day and year first above written. In.Prese of:, HAR -MAR, INCORPORATED By An a1), STATE�OF MINNESOTA ss COUNTY OF RAMSEY On th is day of December, 1958, before me a Notary Public within and for said County, personally appeared Harold J. Slawik and Marie O'Brien Slawik to me personally known, 1 who, being each'-by me duly sworn did say that they are respectively the President and the Secretary of the corporation named in the foregoing instrument,yand:,that the seal-affixed to said instrument r -4- f . f is the corporate;'seal of said corporation, and that said instru- ment was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Harold J. Slawik and Marie O'Brien Slawik acknowledged said instrument to be the free act and deed.of said corporation.`., ? Notary —Public, Ramsey County, Minn. 44 �dr��a My Commission Expires ' - {� +` °b a MARIE SULLIVAN ' # '; 9.v'',• +�+'`r• Notary Public, Ramsey County, MlA1W Commission Expires Mar. 20 19664 Approved.as to f rm nd exec ion this day of -5- Council, File No. 189836 — Ordinance No. 51373 -By Bernard T. Holland- Code, :thapters 60 to 64; ,O*Lciusive, or the ;Saint Paul Legislative .bode, as amended, pertaining tb 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 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, pertaining to Use districts, Height Districts and Rezoning of cer -' tain_ properties in the City of.Saint Paul, as' amended, be and the same is hereby further amended so as to rezone the west 35 feet of Lot 75 and all of Lot 74, Union. Park Addition, located on the north side of Feronia Avenue between Fairview and Dewey Avenues, from . "C" Residence District to Com- mercial District, subject to the follow- ing express exceptions and conditions: 1: That, subject to any further re- classification of the hereinabove 'de- scribed real estate by virtue of pro - ceedings, therefor hereafter instituted, conducted and completed according to applicable provisions of the Zoning Code, Chapters 60 to . 64 inclusive, of the Saint Paul Legislative 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, do -witr. (a) Residential District uses permitted by the regulatory provisions of said Zoning Code, as amended,; in "A" Residence District, "B" Residence District, and "C" Residence District, thereby established,' and (b) Commer- cial uses which shall include ,no more than the use of said property for off - street motor vehicle parking as the use for offstreet. motor vehicle- ,parking shall be permitted by the :regulato.m ± provisions of said Zoning Vod.,--I 2. That the owner of said real estate, within the period of 60 days next suc -. ceeding the publication of this' orel dinance, 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 ease- ment affecting said real estate for the Imposition, maintenance and- enforce- ment of the aforesaid restrictions and limitations upon the employment and use of the hereinabove described real estate, approved as to form and ex- ecution by the Corporation. Counsel and recordable in ` the office' of the Register of Deeds. - 3. That, in addition to , other re- quirements therefor, said written in- strument 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 counter- parts thereof to be filed of record in the office of the Register of Deeds' in and for Ramsey County, Minnesota. i 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. 1 Passed by the Council November 26, 1958. Yeas '- Councilmen DeCourcy, Hol- land, Mortinson, Peterson, Rosen, Mr. President (Dillon) -6. Nays -0. _ - Approved November 26,1958. t JOSEPH E., DILLON, .Mayor Attest.4 ' JOSEPH R. OKONESKIy' "! ' City - Clerk -n.,. _ j . (November 29, 11 58) t -• STATE OF MINNESOTA J. County of Ramsey ss. CITY OF SAINT PAUL Joseph R. Okoneski, City Clerk I� -- ----- - - - - -- -- - ----- - - - - -- -- - - - - -- of the City of Saint Paul, Minnesota do hereby certify that I have compared the attached copy of Council File No -----1----89836, 73 01 • No. - - --- --- 113 as adopted by the City Council ------------------ N�•--- ?61!------------------- 19 --- 58 -------- and approved by the Mayor - - - - -- Nov. -- 26 r ---------- - - - - -- ---19..5$-- - - - - -- with the original thereof on file in my office. I further certify that said copy is a true and correct copy of., O said original and the whole thereof. s. WITNESS my hand and the seal of the City of Saint Paul, Minn., m W Duplicate to Printer I PRESENTED BY ORDINANCE COUNCIL FILE NO. 189836 ORDINANCE NO. 5 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 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 Legislative Code, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the west 35 feet of Lot 75 and all of Lot 74, Union Park Addition, located on the north side of Feronia Avenue between Fairview and Dewey Avenues, from TMCtt Pesidence District to Commercial District, subject to the following express exceptions and eonditionsi 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 the Zoning Code, Chapters 60 to 64 inclusive, of the Saint Paul Legislative 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 usee, to —wits (a) Residential District uses permitted by the regulatory provisions of said Zoning Code, as amended, in "A" Residence District, MB" Residence District, and "Cn Residence District, thereby established, and (b) Commercial uses which shall include no more than the use of said property for offstreet motor vehicle parking as the use for offstreet motor vehicle parking shall be permitted by the regulatory provisions of said Zoning Code, as amended, in Commercial. District thereby established. 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 fully executed counterparts, said otimer"s written acceptance of this ordinance, incorporating, among other things, said ownerl"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 limita- tions upon the employment and use of the hereinabove described real estate., ap- proved as to form and execution 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 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 Fnd be in force upon its passege, approval, and publication.. Yeas Councilmen DeCourey Holland Mortinson Peterson Rosen �e Mr. President (Dillon) Attest: City Clerk 1M 12 -67 qW 8 N oV 2 8 7058 Nays Passed by the Council 6 In Favor Against(, _. Approved: KI0V 2 6 9958 Mayor �t(� W � O�F.P.ICE OF CITY CLERK BUREAU -OF, RECORDS 386 Cify Hall and Court House Sf. Paul 2, Minnesota October 30, 1958 Mr. Marshall F. Hurley Corporation Counsel �r JOSEPH R. OKONESKI Cify Clerk HAROLD J. RIORDAN Council Recorder OCT 3t) 1958 Dear Sir: CORPORATION GOUNS . The City Council requested that you prepare a resolution granting the attached petition to rezone from Class "C" Residence to Commercial District the west 35 feet of Lot 75 and all of, Lot 74, Union Park Addition, located on the north side of Feronia Ave. one lot west of Fairview Ave., subject to the condition that the property be used for parking only. Ve truly s ty Clerk MINNESOTA 8 � 1 ........ : ;;:;:itktANi`b►i: 251.252.233.- ZONING, - CITY 1313 CITY HALL. AND COURT HOUSE OF SAINT PAUL SAINTPAUL 2, MINNESOTA f October 29, 1958 Mr. Joseph Okoneski 1 City Clerk \ Building Dear Sir: This is in the matter of the petition of Harold and Marie'Slawik to rezone from "C" Residence to C.•mmercial, property located on the north side of Feronia "Avenue, one 'lot west of Fairview Avenue. This property is described as the west 35 feet of Lot 75, and all of Lot 74, Union Park Addition. The owners of fifteen out of a possible nineteen, or 79 per cent of the several'descriptions'.located wit1iin 100 -feet of the area sought to be re- classified have acquiesced in this petition.' The property is presently developed with two residential structures and has a frontage of 85 feet along Feronia Avenue and extends northerly to an average depth of approxi- mately 89.1 feet..' The total area is approximately 7,573 square feet. The applicants propose to develop,this site with off-street parking to be used in connection with their automobile sales and service operation 'located across a 10 foot.- alley,to the north and fronting on University Avenue. This site may properly be developed for off-street parking within all existing' yard and area requirements of the Zoning and Building Codes. Field investigationidisc'loses , tbat this site is in an area of mixed land uses with the frontage to the north.'on University Avenue being developed for commercial purposes as well as the lot immediately to the east which is a converted residence used as -a telephone exchange service and a con- tractor's office. There are residences to the west which ,are owned by the applicant; also residences and an apartment building across Feronia Avenue to the south. By virtue of the existing 'land uses in the area, the Board of Zoning finds that the proposed.development provides a proper transitional zone , is a westerly,extension of commercial zoning, and will provide a needed faci- lity for this area,. > In consideration of the above factors, the Board of Zoning recommends that this petition be granted. Sincerely, IICW: FGI p I i Encl . PUBLISI�D Herbert C. Wieland Planning Director t 1 Adopted by the Council 195— Yeas Nays eCOURCY HO/LLAND PRESIDENT (DILLON) Owner Fee:J Contr Fee:A Fee :N •� Fee: S] 6 dA City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE a. The signer should appraise himself of the use' sftp.ermitted ' a/ D 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) , 1829 Feron a est -35 -ft .f_of: hot _75 -� „Union Park Addition 1837 Feronia 'Lot 74,- Union Park Addition from a Class "CHResidence District to a commercial %?District, for the purpose of installing, constructing.and /or operating the following: (describe briefly the proposed facility) A parking lot for service department of Midway Ford Company. Enlargement of present parking facilities* RECORD OWNER SIGNATURE LOT BLOCK ADDITION :Eleanor M.Warkentin ,. o a a aaggh KasprsykDonald J Ro `tt n n a act urchaser- net ki $.os tt Dnald A.& Gloria F i p) 73 Union Park Additi lo.-Mar Ina i- S t'4: _ _. _ _ .; .. Uni -on -Park Addi t i ` est 5 ft. 6f jax "Yar %nc= - fit- -._ - 7�_._ �. - Uni on- Park -Add -_t . ewton�Z.Rol ert 76. Union Park Addit awik Realty Inc. 177'i icl ud ad Hinkela 3rd Amens ►14i{VG Vi Pl1ilLG75V 4iiJ County of Rap4y )ss Maur cp Bing first duly sworn, deposes and states that he 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 namezAthat 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 andall of the parties so described. Subscribed and sworn to before me thi y otary ublic, Ransey County, Minn. My Commission expires GENT K ROSENBCUM .° Notary Public, Ramsey County, Minn. iji Commisslon Expires July 11, 1962. J. 4• �r •'• �f ••Sk y3 Z -1 7/2/54 f. r on ion on on • on- i an tment Page 1 of 2 pages. Approved as to form 7/2 54 Office of the Corporation Counsel P • S S t G;q 9 Earl I Fee :PE 3'Q Fee :Ct Contri `0 Fee: Dc Sc V Fee: l� John Contra 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) 1829 Feronia�- dt ;35 f-E: ofi Lot-:_75 = -Union Park Addition 1837 Feronia A t 74 - Union Park Addition from a Class Ca ResidentiAl District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) A parking lot for service department of Midway Ford Company. Enlargement of present parking facilities. RECORD OWNER RTGNATTIRE TILT RTI)CK ADDITION .� Annabelle L.Patient fi 33' Union Park Additi� rthold M.Aldes & Donna. A. Brochin 34'. Union Park Addi rist Hannah Bergh Union Park Addit� ct:Arthur F.Gutz Jr. 7` ald H Schloer & Tena 6. 36 Union Park Additi hloer 37 Union Park Addi ti l at Parchaser :John C.Koikla, 34 Union Park Additi( )n A on on )11 )n in bzaze o= minnesoza) .County of Ram ) ss Maurice Ro lug Bing first duly sworn, deposes and states that he 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 of each and all of the parties so described. Subscribed a sworn to before m ryl th' a da of l9ffr r o ary Pu ac, Ransey C unty, Minn. My Commission expires GENE W ROSENBL'UM Notary Public, Ramsey-County, Minn. MY Commission Expires July i 1, 1962. Z -1 7/2/54 Page 2 of 2 pages. Approved as to form 7/2/54 Office of the Corporation Counsel a• j .., "Friendly Service Since Igog" Rosenblum Company 1692 GRAND AVE. ST. PAUL 5, MINNESOTA Office Phone: Midway 8 -5505 August let 1958, Real Estate — Insurance Maurice W. Rosenblum - Manager Appraisals — Mortgage Loans Investment Properties Residence Phone: Midway 8-3561. Care and Management of Prop To Whom It May Concern Wes the undersigned, record owners of the following described real estate, namely, Lot seventy.- three(73) Union Park Additions hoe previously made an objection in writing to rezone the following described real estate from Class "Cn residence to commercial: This is to advise the parties concerned that we, the undersigned hereby withdraw our objectionss to said proposals and also want to advise the parties concerned that we are agreeable to the said proposal of rezoning said real esta ID nald A,K Gloria B.Kuhlman Bonded and Licensed by the State of Minnesota "Friendly Service Since .z9o9" `Rosenblum Company - 1692 GRAND AVE. ST. PAUL 5, MINNESOTA Office Phone: Midway 8 -5505 Maurice W. Rosenblum - Manager August 22 y 1958 Residence Phone: Midway 8 -3561 To Whom It Mav Concern Real Estate — Insurance Appraisals — Mortgage Loans Investment Properties Care and Management of Properties We, the undersigned, record owners, of the following described real estate, namely, Lot 33, Union Park Addition, have previously made an objection in writing to rezone the following described real estate from Class °Cn residence to commercial: This is to advise the parties concerned that we, the undersigned hereby withdraw our objections to seidproposal, and also want to advise the p artier conuerned.that we are agreepble to the said proposal of rezoning said real estate, Earl L,Patient Annabelle L. ati ent Bonded and Licensed by the State of Minnesota J • � t O "Friendly Service Since .z9o9" `Rosenblum Company - 1692 GRAND AVE. ST. PAUL 5, MINNESOTA Office Phone: Midway 8 -5505 Maurice W. Rosenblum - Manager August 22 y 1958 Residence Phone: Midway 8 -3561 To Whom It Mav Concern Real Estate — Insurance Appraisals — Mortgage Loans Investment Properties Care and Management of Properties We, the undersigned, record owners, of the following described real estate, namely, Lot 33, Union Park Addition, have previously made an objection in writing to rezone the following described real estate from Class °Cn residence to commercial: This is to advise the parties concerned that we, the undersigned hereby withdraw our objections to seidproposal, and also want to advise the p artier conuerned.that we are agreepble to the said proposal of rezoning said real estate, Earl L,Patient Annabelle L. ati ent Bonded and Licensed by the State of Minnesota r >l 4\ ,Q APPLICANT: Harold & Marie Slawik FILE NO. s 3968 HOUSE NUMBERS: 16.0 PURPOSE : To. rezone from "C" res to WMTH Commercial �• i 1O° DATE September 10, 1958 PETITION SIGNERS : 0 (1-5 of possible 199 79%) AREA UNDER CONSIDERATION: PREPARED BY THE CITY PLANNING BOARDS SP.TAST PAUL, MINNESOTA i IA 4 - r , i I 1 1 f 1 I APPLICANT: Harold & Marie Slawic FILE NO. : 3968 HOUSE NUMBERS: 1940 PURPOSE : To rezone from "C" res to D.toe:rM Commercial f DATE September 10, 1958 PETITION SIGNERS: 0 (15 of possible 19a 79 %) AREA UNDER CONSIDERATION: PREPARED BY THE CITY PLANNING BOARD, S-4 AZT PAUL9 MINNESOTA . r i I 1 1 f 1 I APPLICANT: Harold & Marie Slawic FILE NO. : 3968 HOUSE NUMBERS: 1940 PURPOSE : To rezone from "C" res to D.toe:rM Commercial f DATE September 10, 1958 PETITION SIGNERS: 0 (15 of possible 19a 79 %) AREA UNDER CONSIDERATION: PREPARED BY THE CITY PLANNING BOARD, S-4 AZT PAUL9 MINNESOTA ys: TERRANCE S. "O'TbOLE THOMAS J. RYAN ROBERT E. O'CONNELL DONALD L. LAIS JOHN J. M.NEIL 9 BERT E. FARICY ASSISTANTS THEODORE J. COLLINS INVESTIGATOR, CITY OF SAINT PAUL . LEGAL DEPARTMENT MARSHALL F. HURLEY CORPORATION COUNSEL 'QW8 Mr. R. E. Kyle Attorney at Law W -2162 First National Bank Bldg. Saint Paul 1 Minn. Dear Mr. Kyle: LOUIS P. SHEAHAN SrEGIAL ASSISTANT j698s 6 December 23, 1958 Re Ordinance No. 11373, adopted by City Council November 26, 1958, rezoning certain property .upon.petition of Har -Mar, Inc. I acknowledge receipt of your letter of the 17th inst, concerning said matter, and a copy of the proposed Deed of Negative Easement and Acceptance of Ordinance No. 11373, approved November 26, 1958. I have examined said document and find same satisfactory as a form of easement grant and acceptance of the subject ordinance. You s y, �1.ouis P. Sheahan LPS -S Special A sistant Corporation Counsel R DEED OF NEGATIVE EASEMENT `. AND .ACCEPTANCE uF .ORDINANCE. . THIS INDENTURE; made and executed this •?y day of December's, 19581 by and between Har -Mar, Incorporated, a Minnesota corporaton, of _the County of Rinsey, State offi nnes ©ta;, herein after des gnated' ',the first party ", and City of Saint Paul, here - nafter doaignated..` "the second party,: WMEAS WITNESSFTHO- the first parts on and for a considerable period of time next preceding-the 29th day of November, 1958, was:: and ever..si,nce said date has. , been the owner, ` lb fee simple.,. P of a11,of the followIng.deoeribed real estate situate In the City of Saint. !Paul, County of' Ramsey, .-State of 14innesota, to-wit: The West Thirty-five f � � ` � Lot - • - ; i35 t�et of 6;everity ;,fiv r e �7`? and'.,a11 of Lot Sever�y. `our t7I, `Union Park`'Addit on, aocordz to the,, ]gat ,ther6of on ,file;,and „of „record . i.n . the Offica of the Register of Deeds of Ramsey C ...t i'nneso':ta� 1,acated� on' the. North aide of Feron38 :,venue betweenFair— view and Dewey Avenues; WH'E AS-$ -said real estate ..on said date and, for aeon- - siderable period ,of time next. preceding the .same,- was zoned ' and . claseifie'd "C.” Residence District. under and by virtue of the Zoning Code, Chapters 60!: to 64 inclusive,. Sai:,nt Paul ILegislative , Code, as amended.. Arid pursuant' to-,the petition of the ' first par. ty, the Council of- the second party, sceord ng: to the provisions o €, said ;Zoning Code and the ' statutes of the State of "Minnesota- in. suds cages made and prov.ded, with the-written acquiescence_ of. the owners of two - thirds of the several descriptions of real estate. situated within 100 feet of said real estate; duly enacted'City of Saint Paul Ordinance No. 11373, approved November- 26th, 1958, and published In.the Official Newspaper of -the second.party on the 29th day of November, 1958 amending the..said Zoning Code, so that said hereinabove described real estate WAS,,-. thereby and. thereundes� rezoned and reclassified from_ "C "` Residen"de District to Commercial District, subject-to. express `exceptj.ons and conditions in tie nature of speoial re.. st.riGtions upon ,the• use of, 'the- same, Whereby the use and `employment of said.. herelnabove described ,reap estate 'w'as restricted to the following uses and exnp3ayments; subject to Further rezoning and reclaselficatlon of the same by virtue of proceedings,Therefor thereafter instituted, conducted., and completed, 'according to applicable provisions of the said Zoning Code, and of,statutes of the State of Minnesota .4 -to -wits (a) Residential District uses permitted by the regulatory provisions of the said Building Zone Or- dinance and,- said Zoning -Code, in "fit " Residence District,, t "B" - Residence `District and` "'C" Residence District., thereby established. and, (b) Commeroial uses.:which shall Include no more than the use of said property for . ©ff- street motor vehicle-parking as the use for off- street motor .vehicle- parking shall be permitted,by the regulatory provisi.orig -of 'said Zoning Code, as amended, , in Commercial District thereby' established. t!JHEREA3, the First party, for _itself, its successors and . essigns;;intends hereby.to accept said Ordinance No. 11373A approved November 26th, 1058, and to provide for_ the imposition, maintenance -.and enforcement :of.. such special restrictions upon the use of" said. heretnabove described real estate to run with.the lan6 and to grant unto, the second party, in further tzomplianoe with the conditions of said Ordinance 'No .'11313$ $. negative .easement therefor NOW THE -ORE* the first party, As such owner 6f said Y her® nabove described real estate,,, for itself,- its successors and assigns., does "hereby covenant and bind itself, its- sucdessors and.-. . assigns unto the second party that,,..;in accordance with said'.Zoning Code, 'particularly �as the:, same 'has "been amended b . ` y 'sai:d; Ordinance No.. 1.1373, said real estate has been effeeti.vely �- stridtdd and limited 'in respect of . its use and employment and shall henceforth and limited i n such _ particulars as follovis f do -wit be restricted-and, . That, $ubjeot to any further reclassl €ication f the,- hereinao . described real estate. by`. virtue of proceedings therefor he'reaf'ter instituted, conducted and completed. according to applicable provisions of the. 'Zoning Coded' Chapters 64 to 64 inclusive, of the , Saint Paul,'Legislative Code; as amended,: -and apply . cable provielons of the statutes_ of the. State of Minnesota., hereby;, 'the- employment - of said real estate henceforth ig restricted'and limited to the following specified uhesA - to� -wit. (a��. Residential District uses permitted by the regulatory provisions of 'said Zoning bode, as 'raiiei'1deCi,, in -side Residence' District, „H„ -Residence. District and _ „C,, Residence District,, there -, by established; and (b) Commercial uses which shall' include no more than the use of said property for off.= - •. street motor. vehicle parking as the use .for offstreet motor vehicle -parking 811611,be permitted by the re latory provisions of, said Zoning 'Code, as amended, in CommereUtl Di6trict thereby established *; end the paid first party, For itself, its 'successors ;and assigns, hereby grants} conveys-'and warrants unto the:. second partyr, said City . of faint I'aul, .a8 . such municipal .corporation, in ' trust for the benefit *of, the public, a perpetual negative easement in and to said here nabove.de.scri.bed real estate and all thei6ot, for the imposi.ti.on,# Maintenance* and enforcement by the second party, as ivah. municipal corporation, :'of the aforesaid restr ctions. and limitations upow the use and employment of said hereinabOve ddsw Oribed real estate, to run with the land, and for good and valuable : Cor18:Weret on -; 'the receipt and sufficiency whereof by-.the first” . party hereby are,soknowledged VMTHERj the first party makes reference - to said Zoning Code, as amdndedi -;and. by reference :inoorporates the same herein, as part' hereof, with the same intent, ,purpose, and effect as if said Zoning Cade, ,were ful�,y set forth herein; and 'makes further reference . to said amendatory OrdInance.No..11373 and to the duly - certified 1st � 2nd. Laid over to , 3rd and app dopte v tl I Yeas Nays Yeas Nays DeCourcy DeCourcy Holland Holland 1V>A*Kggx NL*amg= Mortinson Mortinson Peterson Peterson �{ N T 11nrel R se Mr. President Dillon Mr. President Dillon 4 -89836 ORIGINAL - CITY OF SAINT PAUL TO PAYOR _ OFFICE OF THE COMPTROLLER - Ij,,, N° 953 RECEIPT -;;j/2 --------- - - - - -- 19r RECEIVEDOF ------------ - - - - -- C------------------------------------------------------------------------------- - - - - -$ goo FOR - - - -- r i C'� -7c =..-G. - - ;--- ----------- - - - - -- ---------------------------------------------- - - - - -- ----------------- CITY COMPTROLLER 600 6 -61 ®Y----------------- - °-- ° ----- -----