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224577Original to City Clerk ORDINANCE COUNCIL FILE NO.� PRESENTED BY ORDINANCE NO.— `� 6 An ordinance granting permission to Kieffer Brothers Investment and Construction Company, a Minnesota corporation, to construct a public sanitary sewer and public storm sewer in a certain perpetual public easement provided to be granted or caused to be granted by said permittee to the City of Saint Paul, said public sanitary sewer and public storm sewer to serve a tract of land described as Lot 7, Block 2,Wardell Addition and Lot 8,Fulton's Subdivision of Block 4,Gilbert's Montcalm Place. This is a>, emergency ordinance rendered necessary for the preservation'of the public peace, health and safety. THE COUNCIL OF THE GITY OF SAINT PAUL DOES ORDAIN: Section 1. That permission and authority are hereby granted to Kieffer Brothers Investment and Construction Company, a Minnesota',corporation, to construct a public sanitary sewer and public storm sewer in and through a certain perpetual public easement herein provided to be granted br caused to be granted by said permittee to the City of Saint Paul as a condition precedeq to the effect of such grant of permission and_.authority hereunder, such public- sanitary sewer and public storm sewer to serve a tract of--land described as Lot 7 Block 2 Wardell addition and Lot 8 Fultonls Suu ision- of Block 4 Gilbnrt's Montcalm Place,and such public sanitary sewer and public storm sewer to be constructed in such perpetual public sewer easement in lands described as follows'; "A permanent easement 30.0 feet in width on Lexington Park Plat 10, Block 2, for the purpose of constructing and maintaining a public sanitary sewer, a public storm sewer and public water main, on, under, across and through a strip of land 30 feet in width,. D/C the centerline of said easement being described as follows: n 'Beginning at a point on the west property line of Lexington Avenue / that is 466.0 feet south of the south line of Randolph Avenue, thence, in a northwesterly direction on a line making an angle of 55 0001 with the west line of Lexington Avenue a distance of 208.0 feet to a point; thence in a westerly direction a distance of 70.0 feet on a deflection angle of 350001 to the left, said point being the point of ending." Section 2. That the Commissioner of Public Works hereby is authorized { to ,issue a permit to Kieffer Brothers Investment and Construction Company for the -construction of such public sanitary sewer and public storm sewer, upon and subject to the following provisions, terms and conditions: 1. That said permittee shall construct said sewers entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specification prepared by him. 2. That said permittee shall pay the cost of engineering and inspec- tion of said work, and for the publication of this ordinance. - Page 2. 3. That said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp said streets to avoid settling and shall restore said streets to their.oxiginal.condition. 4. That said permittee, after the inception of said work, shall prosecute the same continuously with diligence, and fully complete said work to the satisfaction and approval of said Commissioner on or before January 1, 1967. 5.- That said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul, its agents, officers, and employees from any and all damages, claims, losses, judgments, suits, or expenses arising out of or occasioned by the performance of the work contemplated by this permission and authority. 6. That said permittee shall furnish a bond to the City of Saint Paul in the sum of $10,000 conditioned to comply with all the terms of this ordinance andiD indemnify and save harmless said City from all liability, loss, judgments, suits, costs, charges, and expense that r may accrue to persons or property occasioned by the making of the improvement or arising out of same. 7. That said permittee shall not proceed to construct said sewers unless and until said permittee shall have fully complied 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 1, 1959, Section numbered 1.44 of said Specifications, as amended, applicable to contractors. For the purposes of this ordinance, the aforesaid section 6f` §aid Specifications numbered 1.44, as amended, shall be read as though the word " permittee" were 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 vtrbatim. Proof of compliance with the provisions of the aforesaid Section, as amended, shall be in such form as the Corporation Counsel of the City of Saint Paul -may direct, and the documents required by the aforesaid Section 1.44, as amended, shall, after submission to the /Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. original to 13ty Cleric PRESENTED BY ORDINANCE COUNCIL FILE NO, 22�� ORDINANCE NO. o ✓ Page 3. 8. That the said permittee shall,within thirty days after the passage of this ordinance, fi16 a written acceptance thereof with the City Clerk. 9. That said permittee shall, at its own cost and expense, grant or cause to be granted unto said City of Saint Paul, by sufficient warranty deed, approved as to form and execution by the Corporation Counsel such perpetual public sewer easement fnr the construction, maintenance and operation of such public sanitary sewer and public storm sewer in, through, and covering that strip of land hereinafter described: "A permanent easement 30.0 feet in width on Lexington Park Plat 10, Block 2, for the purpose of - constructing and maintaining a public sanitary sewer, a public storm sewer-and public water main, on, under, across and through a strip of land 30 feet-in width, the centerline of said easement being described as follows: Beginning at a point on the west p-mperty line of Lexington Avenue that is 466.0 feet south of the south line of Randolph Avenue, thence, in a northwesterly direction on a line'making an angle of 55 000' with the west line of Lexington Avenue a' distance of 208.0 feet to a point; thence in a westerly direction a distance of 70.0 feet on a deflection angle of 35 000' to the left, said point being the point of ending." Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety. Section 4.- This ordinance shall take effect and be in force from and after its passage, approval, and publication. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson (f Rosen Mr.President (Vavoulis Attest: City Clerk . tr w S7� i t IM "2 Form approved Corporation Counsel By Passed by the Council AUG 6 1965 Tn Favor 0 A gainnt � �,1�6� Approved -"'mil O=V Mayor r ED AUG 14 1999 . rivALICATE TO PRINTER PRESENTED BY ORDINANCE COUNCIL FILE ORDINANCE NO. C) C) NO. An ordinance granting permission to Kieffer Brothers Investment and Construction Company, a Minnesota corporation, to construct a public sanitary sewer and public storm sewer in a certain perpetual public casement provided to be granted or caused to be granted by said permittee to the City of Saint Paul, said public sanitary sewer and public storm sewer to serve a tract of land described as Lot 7 Block 2 Wardell Addition,and Lot 8 Fulton's Subdivision of Block 4 Gilbert's Montcals Place. 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 permission and authority are hereby granted to Kieffer Brothers Investment and Construction Company, a Minnesota corporation, to construct a public sanitary sewer and public storm sewer in and through a certain perpetual public easement herein provided to be granted or caused to be granted by said permittee to the City of Saint Paul as a condition precedent to the effect of such grant of permission and authority hereunder, such public sanitary sewer and public storm sewer -to serve a tract of land described as Lot 7 Block 2 Wardell addition and Lot 8 Fultonts Subdivision of Block 4 Gilbert's Montcalm Place,and such public sanitary sewer and public storm sewer to be constructed in such perpetual public sewer easement in lands described as follows" "A permanent easement 30.0 feet in width on Lexington Park Plat 10, Block 2, for the purpose of constructing and maintaining a public sanitary sewer, a public storm sewer and public water main, on, under, across and through a strip of land 30 feet in width, the centerline of said easement being described as follows: Beginning at a point on the west property line of Lexington Avenue that is 466.0 feet south of the south line of Randolph Avenue, thence, in a northwesterly direction on a line making an angle of 55 *001 with the west line of Lexington Avenue a distance of 208.0 feet to a point; thence in a westerly direction a distance of 70.0 feet on a deflection angle of 3SOOOt to the left, said point being the point of ending." Section 2. That the Commissioner of Public Works hereby is authorized to issue a permit to Kieffer Brothers Investment and Construction Company for the construction of such public sanitary sewer and public storm sewer, upon and subject to th%v following provisions, terms and conditions: 1. That said permittee shall construct said sewers entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and in accordance with the plans and specification prepared by him. 2. That said permittee shall pay the cost of engineering and inspec- tion of said work. and for the publication of this ordinance. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk 1M "2 Form approved Corporation Counsel By Passed by the Co I Approved: Mayor Tn Favor A o�inat • 224577. Page 2. 3. That said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp said streets to avoid settling and shall restore said streets to their omiginal.condition. 4. That said permittee, after the inception of said work, shall prosecute the same continuously with diligence, and fully co7.plete said work to the satisfaction and approval of said Commissioner on or before January 1, 1967. 5. That said permittee expressly agrees and undertakes to fully indernify and hold harmless the City of Saint Paul, its agents, officers, and employees from any and all damages, claims, losses, judgments, suits, or expenses arising out of or occasioned by the performance of the work contemplated by this permission and authority. 6. That said permittee shall furnish a bond to the City of Saint Paul in the sum of: $10,000 conditioned to comply i;}ith all the terms of this ordinance andto 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 malting of the improvement or arising out of same. 7. That said permittee shall not proceed to construct said sewers unless and until said permittee shall have fully complied 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 Anril 1, 1959, Section numbered 1.44 of said Specifications, as amended, applicable to contractors. For the purposes of this ordinance, the aforesaid section of. said Specifications numbered 1.44, as amended, shall be read as though the word "permittee" were 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 the provisions of the aforesaid Section, as amended, shall be in such form as the Corporation Counsel of the City of Saint Paul may direct, and the documents required by the aforesaid Section 1.44, as amended, shall, after submission to the Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Paul. DUPLICATE TO PRINTER u �, • v ORDINANCE 224577 PRESENTED BY COUNCIL FILE NO ORDINANCE NO. ') 0 Page 3, 8. That the said permittee shall,witlim thirty days after the passage of this ordinance, filb a written acceptance thereof with the City Clerk. 9. That said pernittee shall, at its own cost and expense, grant or cause to be granted unto said City of Saint Paul, by sufficient warranty deed, approved as to form and execution by the Corporation Counsel such perpetual public sewer easement fiDr the construction, maintenance and operation of such public sanitary sewer and public stoma sewer in, through, and covering that strip of land hereinafter described: "A permanent easement 30.0 feet in width on Lexington Park Plat 10, Block 2, for the purpose of constructing and maintaining a public sanitary sewer, a public storm sewer and public water main, on, under, across and through a strip of land 30 £eet'in width, the centerline of said easement being described as follows: Beginning at a point on the west prperty line of Lexington Avenue that is 466.0 feet south of the south line of Randolph Avenue, thence, in a northwesterly direction on a line making an angle of 55'001 with the west line of Lexington Avenue a distance of 208.0 feet to a point; thence in a westerly direction a distance of 70.0 feet on a deflection angle of 35 000' to the left, said point being the point of ending." Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary forthe preservation of the public peace, health, and safety. Section 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) Attest: City Clerk 1M "2 Form approved Corporation Counsel By Passed by the Coun I Approved: AUG 61965 in Favor A gwn-at AUG 6 19965 Mayor - y s .August 16; 1965 - - Mr. Stuart'Radsom. ° Attorney at Law Minnesota Building -. St. Paul, Minnesota _ Y _ Dear Sirs - - We enclose a copy of Ordinance No. 3 gr ng- permission to Kieffer Brothers - Investment and Const;i6t Co. to struct a public sanitary sever and public storm sewer as mor scribed in the -ordinance; also bill-in the gum of $34.13 to cov cost of publication of this ordinance:._ _ We call your special at Lion to P aph and 8.of Section 2 which - require the filing of 'a nd in the unt' specif'ie'd and the .filing of' - an acceptance of the' to of this -o inanee. Both must be filed in this office, Room 386, `C Hall;. n�30.days of the passage of this ordinance. t a a ordinance becomes. void.. —"'`- - - Very truly yours $ _ -City-Clerk ng . - ` _ ` • - R a f - • R .,' a •'' - - r - .. - r . , _ i• - •- '. KIEFFER BROS, Investment & Construction Co., Inc. 222 -4004 380 Robert St.,. St. Paul 1„ Minn. Oct. 13, 1965 City Clerk City Court H6use St. Paul,55101 Dear Sirs This letter is to notify you that our com any accepts the conditions and specifications of Ord. ;13035, 8ouncil file #2,247 and agrees to have the work per- formed in accordance with all requirements. Yours Truly president skj/ljk ORIGINAL 41 CITY OF SAINT PAUL TO PAYOR OFFICE OF THE COMPTROLLER RECEIPT RECEIVED OF N" 2060 91,0'. / 's;' 19�r --------- 100 'y � 4 - - I- 4g4� • I3 0 ,41� Q� i 500 3 -65 OW22 CITY 13 B, I st v 2nd �G Laid over to 3rd and app tv-- Adopted �7 Yeas Nays Yeas Nays �alglish Dalglish Tolland ` Holland Loss Loss Meredit ;r ' * ~ Meredith Peterso J Peterson �V \` Rosen Rosen Mr. President Vavoulis Mr. President Vavoulis