258439 Ori�fnel to Citp Clerk `
� � � O �RDINANCE
. 258439
. COUNCIL FILE NO
PRESENYED BY ORDINANCE NO �d �
�
AN ORDINANCE GRANTING PERMISSION TO ROHLWILL DEVELOPMENT
CORPORATION, 605 MINNESOTA BUILDING, SAINT PAUL, MINNESOTA, 55101
TO CONSTRUCT, OPERATE AND MAINTAIN AN ENTRANCE DRIVEWAY AND
PERIMETER PARKING LOT DRIVE ON THE EASTERLY � OF AN EXISTING 30
FOOT PERMANENT SEWER EASEMENT ON HAZEL STREET PRODUCED,
APPROXIMATELY FOR A DISTANCE OF 440 FEET NORTH OF SUBURBAN AVENUE.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
SECTION 1
That permission and authority are hereby granted to Roh1wi11
Development Corporation, 605 Minnesota Building, Saint Paul ,
Minnesota 55101 , to construct, operate, and maintain an entrance
driveway and per�i�neter parking lot drive on the easterly � of an
existing 30 foot permanent sewer easement on Hazel Street produced,
approximately for a distance of 440 feet north of Suburban Avenue.
SECTION 2 �
That the Canmissioner of Public Works of the City of St. Paul
is hereby authorized to issue a permit to Rohlwill Development
Corporation, to construct, operate, and maintain an entrance
driveway and perimeter parking lot drive on the existing 30 foot
permanent sewer easement, upon and subject to the following
provisions, terms, and conditions:
a. That said existing permanent sewer easement be described as follows:
An easement, 30 feet in width for sewer purposes, the center
line of said easement being described as the east line of
the West # of the Southwest � of Section 35, Township 29,
Range 22, between Suburban Avenue and State Truak Highway
No. 12-108, now Interstate 94.
b. That said permittee, Prior to and during the construction of the
City of St. Paul , Department of Public Works Project Number S-1434,
Pedersen-Third Relief Sewer System,=shall be authorized to encroach
only onto the easterly � of said existing sewer easement. Subsequent
to said sewer construction, the said permittee will be allowed �o to
encroach upon_ said 30 foot easement east of the line described as
commencing at a point on the north property line of Surburban Avenue
at the west line of said easement and running North-easterly to
a point 7.5 feet east of the center line of said easement and 120
feet north of the center line of Surbur'ban Avenue.
Yeas Councilmen Nays Passed by the Councii
Butler
Carlson Tn Favor
Levine
Meredith
Sprafka A gainst
Tedesco
Mr. President (McCarty) Approved•
Atteat: �
City Clerk ; , ayor
��
Form approved Corporatior► �ounsel By
Ori�inal to Cit�Clerk '
�� � ' � O`RDINANCE 258439
,
• COUNCIL FILE NO
PRESEN7'ED BY ORDINANCE NO �
k. That said permittee shall give advance notification to the Traffic
Bureau of the Department of Public Works if the construction of said
improvement shall make necessary the closing of Suburban Avenue or part
thereof, and that all expenses incurred by the Traffic Bureau in
furnishing, installing or removing of barricades, signs and other
control devices shall be paid by the permittee and shail also be
accounted for under Department of Public Works Project Number E-1141 .
l . That said permittee shall , during the term of this permit,
restore and repair all property, whether public or private, damaged
or which may be damaged due to the construction of said work.
m. That during the construction of City Project Number 5-1434 and
all future work required by the City of St. Paul to be done in the
existing 30 foot sewer easement area, all damages to existing items,
as shown on the plan submitted by the permittee's agent and approved,
identified, and on file in the Department of Public Works, and all other
damages caused by any work done by the City of St. Paul to future
amenities shall be replaced or repaired by the said permittee, at
his own expense.
n. That said permittee shall furnish a bond to the City of Saint Paul
in the sum of Ten Thousand Dollars ($10,000.00) conditioned to comply
with all the terms of this ordinance and to indemnify and save harmless
said City from all liability, loss, judgments, suits, costs, charges
and expense that may accrue to persons or property occasioned by the
making of the improvement or arising out of the same.
o. That said permittee and its successors and assigns shall fully
indemnify and hold harmless and defend the City of Saint Paul , its
agents, officers and employees against all liability on account of
all claims, aauses of action, suits, and judgements on account of
injury to persons and or property arising from or connected with the
performance of said work contempleted by this permission and authority.
p. That said permittee shall submit the required bond and insurance
documents to the Office Engineer of the Department of Public Worka.
The Office Engineer shall submit said documents to the Corporation
Counsel of the City of Saint Paul for review, and if said bond and
insurance are sufficiPnt said documents shall be filed by the Office
Engineer with the Office of the Comptroller of the City of Saint Paul .
q. That the Council of the City of St. Paul hereby expressly reserves
the right to revoke this permit whenever the permittee or its successor
in interest is in default, or whenever, tn said Council 's opinion, the
public interest will be served by such revocation.
SECTION 3.
That said permittee shall , within thirty {30) days 8fter the passage
of this ordinance file a written acceptance thereof with the City Clerk.
SECTION 4.
This ordinance shall take effect and be in force thirty (30) days
from and after its passage, approval and publication. �IAY 1 7 1972
Yeas Councilmen Nays Passed by the Counci�
Butler
Lev�� Tn Favor
Meredith � � Againat
Sp� � 1972
Mr. President (McC y) A
A
Ci erk Mayor
��
Forn2 approved Corporation �ounsel By
PUBLISHE.D MAY 2 0 �972 �
C�flPP � I I 10111SS�11 Cjo. REALTORS • 605 Minnesota Building
St.Paul,Minnesota 55101•Phone 222-7311
June 15, 1972
To the Honorable, The City Council
Ramsey County Courthouse
St. Paul, Minnesota 55102
Gentlemen & Ladies :
I , the undersigned, do hereby accept and agree to abide
by all the terms and conditions of Council File No.
258439 , being Ordinance No. 15097, adopted by the Council
on May 17, 1972.
OHLWILL DEVELOPMENT CORPORATION
'��_�� �-��,
. _ �y,�t ,
By
W. D. Clapp, President
cc : Mr. Karl E. Streed
r
Daplieste.�Prht�r • �
� J � OF� DINANCE ��8��
� covNCi� r��No
, ; ,��
PRESENTED BY ORDINANCE NO
AN 0lt01NA1�CE 6RANTIN� PEitNIS510N TO Rf1!lLVILL DEYEtOPlIENT
COIIrORAT10N, 605 M11�iESt�TA Bt�iLDt11G, SAINR PAUL,. MIMi9E58TA, 5,5381
TO COMSTR�lCT, OPERAT� AMD MAItITAiN AN ENTRAIiCE ORiVE1�lAY AlfD
'ERIMIETBR �ARKIN6 4l1T aRiYE ON THE EA�iTERLY � OF A11 EXISTliI� 30
f00T lE�MAMEtIT SfMER'EASEMEI�T ON HAZEL STRIEET PR@Q�CED,
APMtOXIM1ITELY FOR A DtSTItNCE OF 440 FfET NORTN OF �6tiltBAN AYEI�.
TIlE COflNC i L OR TNE C t TY OF SAI IIT PAW. D�E� QR�A 1 M s
SECTlOM 1 .
T�t pir�issio� a�! 'aatfioritp a�e l�e�ebr g�anted to Roh�i�vi 1 i
Dswalop�sat Ca►tparatio�, 605 Minaesota 8uiiding, Saint �aui,
Mian�sota 55i41, to coas��u�t, operate, aa�f a�atntain an eAtra�xc�
d�ivaay aad per�ste� p��kiAg tot drivs on Lbe easLerir � of m
eacistiug 30 fabt ps�a�at saKer �aseme�t oa Mazs1 Strest p�o��d.
�proxtwat�Ir for a dlatanu of �0 f�st. �wrth of Subucbaa Aw�w.
, SECTION 2 . _ �
Tt�t tiM Co�wissta�a� of P�rbltc alorks of tia City of St. Tani
is h�r�by anttwri�ed to issde a parr�it to R�iwtil Devele�p��nt
C�+rporatioa, to eoAStruQt, operate, �ad �atatain sa �utcaaca
drive�war aad psrinetar ,park{ag lot drlva cn t�e sxtsti�g 30 foot
p�rw�aw•.r s�� �ase��nt, apvsi aad st�Jtact tc tbe foilerti�g
prov i s i ons, tenis, md oond i t toRS:
a. Tbat said existiu� psr�t se�+er ieas�weat be d�scrib�d as folla+ss
An eas�se�t, 30 fe�t i� widtb for sa+�r pucpo�es, tha c.�ate�
lit� of said eas�nt bai�g d�scribed as tha east liNa af
tbt Y�t � of th� So�thaest } of S�ction 35, Tcwnship 29,
Raa9s 22, bstw�n tuburb�n Ave�w a�d Stats Trwrk 11i91�raJ►
No. 12-108. noir laterststs 9�. _
b. That r,a1d p�tiitt�e, prior to snd da�t�g th� construction of the
Citx of St. �sul, Oepsr�,t of n�t tc wo�cs rn►je�t Nu■ber.S•i�i34,
�alersarThird Rs1 i�f Sa+er SystM, s�11 ba sutbartze� to �r+o�cb
oaly o�to tt� �sste�l� � of sai� existisg sewr �as�t. SYbseqw�nt
to said seMer e�atruction, tbe said penaitt�s wl ti be a11�d �dso to
�cnach �poa sPid 30 foot eas�snt east of t�e ltne described as
ca�encing at a po�nt oA tlie �o�th proper'�y itna Qf Su�burbaa Avenue
st tbs wast tine of satd aasewent aad �u�ln9 Ibrttr-easteriY to
..
__________ a_poiRt_Z.� f�et_east of_the unt��_l ine of sald easa�+t an� 12a
. - . . y.._�.�;:.. ..
\ '
Da,Heate�o Prh�t�r � ` ,
� I
' ORDIN � NCE �g�� '';
• COUNCIL Ht,� IVO '
, ., ,� D
PRESENTED BY ORDINANCE PIO
k. That saJd pe�aitt�e shall give adva�a notifiutior� to tt�e 7�affic
Bu�een of tbe Depart�dit mf Pub�1c Yorks if the oo�st�uctioa of srid
ia�pro�rea�ent stwl i wke r�stessary tt�a clos��g of S�wNian Averwe or part
tNa�aof, a�d that all sxpenses iacurr� by tba Trsfftc Buseau ta
furaishing. instailiag or rewovi�g of barricades, sigas aad othtr
co�trol devices st�ll be �istd `y the penaittea an� sbsli aiso be
accoe�ted for uader Depart�+t of Publ ic bbrks �roJ�t Nd■ber E-1 i�t.
i. That said psrwitte� sball, during the taro of this �natt,
restore and �epatr atl p�ropertr, �hatbe� p�b11c or p�ivate, da�sged
or ah i ch may 1� ciawged dna to the ooas tn�c:�ion of sa l d wrrrk,
m. That dnriAg tha constructtor, of City Project Il�bar S-l#34 and
aiI future wotk reqaired by tbe Citr of St. Paul to be dc�ne in the
eucisting 30 foot s�we� e�saw�at area, all daw�ges to �xisting it�ws,
as sbo�w+ cu� the plan suba�itt�d b�r tl�e paratttee's aga�t aRd approved,
i dee�t i f i ed, aad oa f i l e ;n the Depa�ta�eat of Pub�i c Mbrks, and a i l other
dap�ages c�wsed by �r work dvae br tbe Cttp of St. Paui to f�ture
aoeaities shall bs ceplacad o� r�str�d br the' satd parwlttee, at
h i s a+n expeas+e.
n. Tt+at said per�ittl�e shail fdrnish a bo�d to th� City ot Satnt Paat
in tt�a suw of Tsn T�iousapd Doliars (�10,00@.00� ca�dttiawd to coiaplr
wfth ai l the tens of this ordi�sac� aad to teul+a�nify a�l save barwiass
sald Clt�r fraa all ttability, loss, ,�ud�ts, sults, costs, chargas
and axpe�sa that msr accrae to persons or prope�ttY occasloasd b�r tha
aiak i Ag of tha iaip�ovr�nt or a�i s i pg out of tbe sawe.
o. ThaL satd penrit�� aad its succasso�s a�d assigns sb�li fully
i nde�w i fr and hol d tia rn�ass a�d eefa,a tb.' c t ty of sa i n� �su l , t ts
agents, o�'ficers sAd aa�p►�cyess agsinst ail liabillty ou accow�t of
all claiss, e�wsss of acttoA, snits, and judgaaents va accro�t of '
_ inJury to par�ons aad ol' property artsi�g frc� or ��tad with th� �
perforaRance of ssid work ca�te.�l•t� by e�is prn�issioa snd autbortty. • �a` '
p. That said pennitRps shall subatt tt� �equi�od bond aad iasuranca
docu�aeats tq tt�e Off ica' Engiosar of ths Depart�a►t of h�b1 ic 4orks.
Tbe Off ice Eagtr�r sha11 s�nit said �cw�ts to the Corporatton
Counsei of ths C i ty of Sa i at Pan i for e sv t o�►, and i f sa i d boad a�!
issu�sacs a�e suff icier�it said docuw�ts �hsl l �e f i lad br tt� Off tce
En9Tneer �ith the Offfce of tha Ca�ptcoiler of tl�e City of Salat Panl.
q. That t� Council of tba City of St. tsc�1 l�ere�y �xpres:ly reservas
------ --__f6�_.t1a�LSn_ r�vn4� *k1e n�r`i t rrFu�wrvw�;�� i+.e�aj_t_��e�r i te e�a�r�een� ___
. .. �:I- !..�i::: . � ...
- . � . . . .... . .. .. .
r. : ,
-2- ��.�4_�' ��d��'°�
�y C±.
c. That said permittee shall pay whatever costs are incurred by
the Department in administration, engineering, and inspection of the
total project or any part thereof completed, said costs shail be
estimated as $350.00 and to be accounted for under the Department of
Public Works Project Number E-1141 , and partial monthly billings or
total billings for services rendered shall be at the discretion of
the Department of Public Works
d. That said permittee shall pay the cost of publication of this
ordinance and all resolutions or ordinances passed in relation to this
ordinance.
e. That said permittee, after the inception of said work, sha11
prosecute the same cantinuously, with diligence, and fully complete
said wark to the satisfaction and approval of the Department of
Public Works on or before November 1 , 1972.
f. Construction must be performed by a Contt'actor app�oved by the
Department of Public Works.
g. That said permittee shall not proceed with construction unless
and until said permittee shall have fully camplied with the provisions
regarding insurance and indemnification contained in the City of Saint
Paul , Department of Public Works Specifications for Street and Sewer
Construction, dated April l , 1959, Section numbered 1�+4 of said
specifications, as �mencied, applicable to contractors. For the purpose
of this ordinance, the aforesaid section of said specifications,
number 1 .44, as amended, shall be read as though the word "permittee"
was substituted for the word "contractor," wherever the same appears
in the aforesaid Section 1 .44, as amended; said Section 1 .44, as
amended, of the Specifications for Street and Sewer Construction in
the City of Saint Paul is hereby incorporated herein by reference as
fully and as completely as if set forth herein verbatim. Proof of
compliance with provisions of the aforesaid section shall be in such
form as the Corporation Counset of the City of Saint Paul may direct.
h. That said permittee shall properly protect all excavations made
in the streets, sidewalks, and boulevards both day and night so as
to avoid all damage or injury to persons or property.
i . That said permittee shall furnish the DepartmeAt of Public Works
all documents of record that are a part of this project or incidental
to its execution including, but not limited to, addendums, "as built"
plans and profiles and tracings.
j . That said permittee shall notify the Construction Engineer of the
Department of Public Works five (5) working days before starting work,
and not start until receiving notice to proceed from Construction
Engineer after all the requirements of the resolution and ordinance
have been satisfied. The project shall be subject to inspection during
the construction of the improvement, and the Construction Engineer
shall be notified when the improvement has been completed to allow for
a final inspection.
�
� �
Ma,y 22, lg'T�
Rohlwil]. Developr�ent Carporatioa
505 �Linr�esota Building
St. Paul� Minnee�ota ,
(.�entlemen:
We em�lase a copy of Ordinsace l�o. 1509'Tw �'az��in�
you perm3ss3on to canstruct, opera��y; �d maain'te�in
an en�rance rlriveway and peximat�r p�rrking lat
drive aa d�scribed ther��.n� A� a c�npy of the
resoluticuz Cowncil Fils Ma. 2.$$�+�0, granti�r�g
inFormal apprr�vva�, for thde eeune; also bill in the
awa of $52.6� to cover the eost of publicatian
of the ord3xtaaae and resolu�ion.
We ea11 your special atteatioa to Pedragr�ph n
a�" Section 2 and to Section 3�, which requir�
the filing of a bQnd in the amcaunt specified and
the filin,� of � acc�ptance of the terms of this
ordiaxance. Th� acce�tance magt be filed in this
of�'i�e3 Rc>om 386, City Rall, within 30 day�. If
no� sb F32ed, the ord�tsance bect3m�a� v+did.
Very truly yours,
City Cierk
T��
.:�? �} ;e.� � ���"'
�*ai�e,��°"�,��
��a
c. TF7id� s�-�6�i �,�rr,nitt�e shail pay whaCever costs are tncurr�d by
the Department tn administr�tion, �ngineering, and inspection af �h�
total proje�t ar any �s��rt th�:reof completed, sai�' CC?5t5 shall b�
f�stinatecl �s $3�0.�0 �n�1 to b�: accounted i�r�r und�:r the De��rtrE��r�t �r
Fubl ic b�larks @rc�j�:ct Nur;�i��r �-i �41 , ancl partia1 ni�rthly f�i 11 iri�s Ur
tc�ta i l,i 1 1 's n�;� f�r �erv i c�:s rer��er�d sh�1 1 be aC L-4ae d i scr�:t i Un uf
t�i� D��,�rtar�ent �f Put�l ic WorR:.s
c_!w 1°tr�t s�3 i� p�rm 3 Ctec; sha 1 i pay the cc�s� of �ub 1 i ca�i oc� a�t ti�i s
c3r��ir�ancL� anci <�11 resoiutit�ns or orcfinaraces passc:d in reiation to this
ard tn�nce..
�. Tt��t s�id permitt�e, after th� in�c�ptiors of s�ic! v�r�rlc,= sha11
,�ra���:ut�.° ts`�e sarr� cc�ntinuvusly? wi t(t di 1 i�t:r�Ce> and ful iy com�iett:
said �vark to the satisfact�on and approv�l c�� the Dep�rtr7���t �'f
i��bl ie 4•larks or� ar b�Er:sre fyov�mla�a- 1 , ly)2.
f. Constructton ���t ��e kacrfar,r+�c? �y � ;ucatractor �p�arev�d �y t�}�
�e�artr�ient of PJ[�] i� iv�r:cs.
r�. �"hat saici ��e.rm'stt�e s���ll n�at �rnc�:�� v�ith cans�ructic�n unt�ss
and until said perm3ttc�e shall ha�� fully corriplded witi� the provisir�r�s
rega rd i nc� i nsu rance a�;+� i ndemn i f i ca t i on �onta i ncd i n the C i fiy o F 5�i rat
P�ul , Department of Public W�rks Specifi�cations for �tree;t and 5ew�r
�onstruction, da�eci April 1 � 19�9, S�ction nurnber�d 1?F4 of said
speciFlcatioris, a� ��:��� ::_'.�;�} applicaSl� to contractors. For the �u�pos�
caf this ordinanc�, irie aforesaid section af said speeificatdcanS,
number 1 .44, �� am�nd�d, shall be r�ad �s thou�h tk�e wortl "�a�:rr.tiittee"
was suUst i tuted for thr� word 11contr'actor,'1 wherever the ��s�ae app�tars
in the aforesai�i S�ction 1 .�4, as amend�dy said Secti�n 1 .���N a�
amended, c�f the SPeciflc��tions for Street and Sewer Cc�nsLruction tea
the City of S�int Pa«1 is h�reby inr.orporated h�rein by ref�r-enc� �f
f�a11y �-�r,d as �c�n��iefiel� as i� seC forth herein verbatdn. Pra��f of
cc�mpl iarac� with p►-ovis�ors of the aforesaid sectian shs�l l be in such
farm �s the vorporatie�n Counse� of the City of 5aint Paul may direct.
h. That s�ic1 �s�:r�ritt�e sl�all �roperly taratect a11 excarr�7tion� made
in th� �treet�, sidewalks, and boulevards bath day and nigl�t �� �s
t� ave�B�f �11 d�rnz�gs' c�r inju�y to �erso�s or prop�rty.
i . That sa�d permittee sh�ll furnish the D�p.�rtm�nt o� Public �lc�rks
�all cfocuments of r�carci that are a �•art af this prcajE�ct c�r tncidental
to its �xecution including, but not limite�! to, ��!�;�r,da�m;�, "as built"
plans and profiles and tracings.
j . 'fhat said permittc:e shall notify th� Constructinn En�ineer af the
Departm�nt oF Public Works five (r} warkinc� days before starting work,
and rzot start unti 1 rec�iving notiGe to prc�ce�d �roa� Cc�nstruction
Engineer after all the rec�uirements of the resolution ancl ardln€�nce
have been satis�3ed. The project shall b� subject to inspection during
th� construction of the lmprovement, and th� Constructiora �ngineer
shall be natifieci when the imprnvement has been completed to allow for
a final insp�ction.
, � �i � ' ' ' 2nd �
Laid over to
' 3rd and app � _Adopted �`�
Yeas Nays Yeas Nays
Butler �u+ler
Carlson �' -yz-�.
Levine �Levine
25�439
Mered i+h �vlered ith
Sprefka �Sprafka �
Tedesco �lesse—
Mr. President McCarty r. President McCarty
O