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257594 . .O�jns�to Cit�Ctert � , � . �� ORD, INANCE �5� �A � � `Y COUNCIL FILE NO PRESENTED BY ORDINANCE NO- � �� � AN ORDINANCE GRANTING PERMISSION TO JOHN ADAM AND SON COLONIAL FUNERAL HOME TO MAINTAIN ITS PRESENT BUILDING WITHIN THE CITY STREET ABUTTING LOTS 10, 11 AND 12, BLOCK 2, J. F. EISENMENGERS ADDITION TO SAINT PAUL. WHEREAS, The Council of the City of Saint Paul , by its resolution, C. F. 252667, approved February 24, 1971 , vacated a portion of Magnolia Avenue adjoining Blocks 1 and 2, J. F. Eisenmengers Addition to St. Paul lying south of the following described line: All that part of Magnolia Ave, adjoining Lots 1-13 incl . , Blk, l , and Lots 1-10 incl . , Blk. 2, J. F. Eisenmengers Addition to St. Paul , lying south of the following described line: Com- mencing at a point on the northerly extension of the east line of Rice St. 18.53 feet south of the north line of S�, of NW�, Sec. 30-T29N-R22W, said north line also known as the dedicated centerline of Magnolia Avenue. ; thence easterly to a point on the northerly extension of the west line of Sylvan St. 22.65 feet south of said north line. and WHEREAS, A condition of said vacation required the owner of John Adam and Son Colonial Funeral Home to apply for an ordinance permit covering the _ portions of its building �K►er6aching into Magnolia Avenue beyond the limits referred to in the description above pertaining to the portion of Magnolia Avenue vacated. and WHEREAS, Said building also encroaches into Rice Street as determined by a survey conducted by C. E. Coulter and Associates Inc. , and certified by John A. Peterson R.L.S. No. 6267 on March 10, 1g69; now therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l . That permission and authority are hereby granted to John Adam and Son Cotonial Funeral Home, its successors and assigns, to maintain for the life of the present building the existing building encroachments into Magnolia Avenue and Rice Street adjacent to Lots 10, 11 and 12 of Block 2, J. F. Eisenmengers Addition to St. Paul , said encroachments including but not limited to the following known encroachments: Yeas Councilmen Nays Passed by the Councii Butler Carlson Tn Favor Levine Meredith Sprafka Against Tedesco . President (McCarty Approved: A t: Ci rk r �� A Form approved Corporation Counsel By 1 .� ` ' • - . �5'�59� I ��> �-�- _2_ 1 1. The encroachment of an eave into Magnolia Avenue, 4.9 feet north of the above described line and ex- tending from 0.5 feet west of to 19.0 feet East of the East line of Rice Street. 2. The encroachment of an eave into Ma.gnolia Avenue, 1.4 feet north of the above described line and ex- tending from 19.0 feet east of to 105.2 feet East of the East line of Rice Street. 3. The encroachment of two 4.5 foot wide concrete foundations for Pillars, into Ma.gnolia Avenue, 0.95 feet north of the above described line, centered 35.0 and 46.0 feet East of the East line of Rice Street. 4. 'The encroachment of an eave into Rice Street, 0.5 feet west of the east line of Rice Street and abutting lots 10, 11, and 12 of Block 2, J. F. Eisenmengers Addition to St. Paul, extending from 4.9 feet north of to 90.0 feet south of the line described above. this permission and authority being expressly limited to the exist- ing building and termina.ting automatically upon the removal of the existing structure. Section 2. The permission and authority granted herein is ma.de expressly subject to the conditions stated in Section 1 above and to the following terms and conditions : A. That said permittee sha.11 ma.intain said encroachment entirely at its own expense; B. That said permittee shall furnish and deliver to the City of Saint Paul a surety bond in the amount of Five Thousand Dollars ($5,000.00), to be in force for so long as the existing building encroaches upon the public right-of-way; and said bond conditioned upon the permittee complying with all the terms and conditions of this permit and to indemnify, hold ha.rmlessand defend the City of Saint Paul, its agents, officers and employees from any and all dama.ges, claims, losses, judgments, suits or expenses of wha.tever na.ture for injury to person and/or property arising out of or connected with the ma.intena.nce and/or removal of said encroachment; C. Tha.t said permittee sha.11 pay the cost of publication of this ordina.nce; D. Tha.t said permittee sha.11 pay the actua.l costs of admin- istration incurred by the Department of Public Works because of this undertaking; said costs not to exceed a sum of $200.00 to be accounted for under Department of Public Works Project Number E-1132; and Orlainal to City Clert • �� � � � 2�'7�94 . � � � 1� DINANCE , COUNCIL FILE NO PRESENTED BY ORDINANCE NO ��' -3- E. That said permittee shall within thirty (30) days after the passage of this ordinance file a written acceptance thereof with the City Clerk. Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its passage� approval and publication. MAR 1? 197r9 Yeas Councilmen Nays Passed by the Council B�er- � �C��' �n Favor Levine Meredith �� � A gainet S� MAR i ? 197Z Mr. President (McCarty) Approved• A � Ci Cler Mayor �� Form approved CorporatioM Coun�el By __, PUBLISHED MAR 2 5 1�T� D�'rOwM'•�ahUw .. , ' . - l'� RDINAN � E �'7594 ' COUNCIL FILE NO PRESENTED BY ORDINANCE NO I�LS �� , AN ORDIMANCE 6RANTIN6 rERMiSSiOM TO .IONN AOIW AND SON COLONtAL FUNERAL t�EfME TO MAINT/IfM fTS rRESEMT QlIIL�tN6 YITNlN TME CITY STREET A�T'r111G IOTS 10, 11 I�10 12, BLOCK Z, .1. F. EISEIMENCERS Ae0fT10M T0 SAINT 'AtlL. YNEREAS, Tbe Co�ci1 of the City of Siint Padl, bp its nsolatio�, C. F. I5Z667, s�rer�nea fabrusry 2�►� 197i � �scated s port�� of Na�tfa A�renw s�iJotatng dlecks 1 a�d 2, d. F. Eis�sn IWttion to st. �sM1 iYi�g sorth of the folivwta� d�scribe� 1ine: Al l th�t psrt o# Ms9AOl ia J�w. ai�ota.i�g Lots 1-13 i�cl., elk. 1, s�d Lots 1-t�! 1�1., elk. 2, J. F. fisremnMgers Adiitioo to St. Psr1, tyin� sartb of ths foi 1a�wiug deseribsd i i�: Car �s�ci�� at s potnt aw ths Asrtthsrl� sxt�to� of the ssst {i� of Rtcs St. 1a.53 fMt sai�a of the �ortb ties o� s�r, o�` MM}, s�c. 3�-7Y9M-R22M. sa i d norta i i as sl so fa�+n as tise d�d t+cat�d c,�n�eri t�t of M�I ta Arrwe.; th�c� east�rly Eo a poiat an ths Aortherlr axt�usioA of tbs �wst i�ut af S+ylran St. 22.6y f�st s�tl+i of said +iortb 1 fur. a�d MiEREAS, A e�onai t ioa of sai d racat Tai r�qa t ni t!r e�ar of .loh� A�ds� �d Sa� C�#vnial F'w�s�al No�e to a'ply for aa ordi�oe pa�tt co�nar#� t� pct io�s of 1 ts iwtl/i i u9 eacr�o�cl�f�y i nto ll�g�a�i• � bs�ro�d th� l t�t�s nf��nd to i� th. +r.sa�iptiou a�ew.�p.rtal�lu� to ths p�rtto. of �ar�s.l is Ihraw� wcst�d. � MltEREAS, Sa Id �11 d ing a 1 ss �neroacl+�s i�to Rtot S�n�t as ��Md . b�r s surwy ��t by C. E. Co+�ltar a�l Assa�iat�s in�., a�d o�tifi�d b�r .bba A. rst�rsoAi R.L.i. ib. 6267 on p�rch 10, 1969; aow th�rsfors T!� COWIC 1 L OF TE� '�C 17'Y OF S111 NT �A�1t DOES OR6AiM s S�ct te� i. Ti�t per�i ss ioa a�cf wtlw�i t�r are i�r� ��rant� to .1ohu ll�a� s�N Se� Co1a��a1 FwMrsl Mo�■s, its wcc�s�ors a�t asst�s, to Mti�tatn for ttw 1 i h o� t� pnsa�t bu i i d tag the s�ct st i ng bni 1 d i�g' s�ee9osch�spts , �At@ Mig110��i I�MW alld R�C! stl'�AL idjaCallt �O �+OL3 ��� �� i� �Z sf slotk 2, J. F. Eisel�neqg��s Additioa to St. Paul , said racrria�hse�ts i�1�iiM � brt �ot l 1�t ta! to the foi towf�g ke�ow� �ero�dra�ts: Yeas Councilmen Nay� PaBSed by the Council Butler ��Qn Tn Favor Leviae ��� A�n;� ��e8C0 Mr. Prea�aent �M�csrtq) APpronea: Attegt: City Clerk Mayor �� Form approved �orporatioa Counsel By , y b � � � 25�`�5�4 -2- l. The encroachment o£ an eave into NIa.gnolia Avenue, 4.9 feet north of the above described line and ex- tendin� from 0.5 feet west of to 19 .0 feet East of the East line of Ri.ce Street. 2 . The encroachment of an eave into Magnolia Avenue, , l04 feet north of t�ie ��bo�,re described line and ex- tending from 19 .0 feet east of_ tc 105 . 2 feet �ast of the Fast line of Rice StYeet. 3. The encroachment ot two 4. 5 foot wide concrete foundations for Pillars, into Magnolia Avenue, 0.95 f_eet north of the above described line, centered 35 . 0 and 4G . 0 feet East a� the Ea.st line of Rice Street. 4. The encroachment of an eave into Rice Street, 0.5 fe�t west of the �ast line of Rice Street and abutting lots 10, 11, and 12 of Block 2, J. F. Eisenmengers Addition to St. Paul, extending from 4.9 feet north of to 90. 0 feet south of the line described above. this permission azid authority being expressly limited to the exist- ing building and terminating automatically upon the removal of the existing structure. Sectian 2 . The permission and authority granted herein is made expressly subject to the conditions stated in Section 1. above and to the following terms and conditions : A. That said permittee shall ma.intain said encroachment entirely at its own expense; B. That said permittee shall furnish and deliver to the City of Saint Paul a surety bond in the amount of Five Thousanci Dollars ($5,000.04) , to be in force for so long as the existing building encroaches upon the public right-of-way; and said bond conditioned upon the permit�ee complying with all the terms and con.ditions of this permit and to indemnify, hold harmlessand defend the City of Saint Paul, its agents , officers and employees from any and alI dama.ges, claims, losses, judgments, suits or expenses of whatever nature for injury to person and/or property arising out of or connected with the ma.intenance and/or removal of said encroachment; C. That said permittee shall pay the cost of publication of this ordina.nce; D. That said permittee sha11 pay the actual costs of admin- istration incurred by the Department of Public Works because of this undert�king; said costs not to exceed a sum of $200. 00 L-� be ' i r� .F T ?�"i T l,- J *� 1 cl.�COU7it�Cl fOi: uliQEi Uc��ciZ'i.:CGCTlt OL �'l:iu11G tivtjii.S �'i'O�LC� l�t_liii�:C.�' E-1132; and �+ Saint Paul, Minnesota March 27, 1g72 To the Honorable� the City Council Saint Paul� Minnesota Gentlemen & Ma.dam: We, .the undersigned� do hereby accept and agree to abide by a11 the terms and conditions of Council File No. 25759�, being Ordinartce No. 15046, adopted by the Council on March 17� 1972. JOHIY AIIAA� AND SON COIANIAL FUNERAL HOME BY 1�.��� � ��.� � `��� � � , .c CG c� � c� � ORIGINAL CITY OF SAINT PAUL TO PAYOR OFFIC�E Or 7C-lE Ca;�7�TFtOLL�r^z ' � � -� � � � � �° 33�� . ��� � �, i9� t�c��v�� o� �,�>s (? �`��►_��� � ,00 �.�� � ,/�—. 1 ' , y � �� ,;,,,:t.� ��� -- � ' � r , r J '� M ,I�. y„fi A /�/ ^ , ` . � � � � � � ' F� ' n.2� � �! .�ti _ /���'X� � �. / � (�'i,r�G� ,.'1<.A,J � '�.',/„✓n, �?.� ����� CITY COy19A�'����L�R f9`s"' �� sv__ �, i�.�t�tsr� , � _. `3 , . � ' �3 I st �- ' . 2nd 'Caid ouer to ' .� � 3rd and app � _._Adopted Yeas Nays Yeas Nays Butler B�•�CT" Carlson CacJco�., Levine 25�594 �evine Meredith �eredith Sprafka �� rafka p f > L/ Tedesco T.�des�e— Mr. President McCarty �r. Presidenf McCarty O