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218016Original to City Clerk PRESENTED BY ORDIN Council File No. 218016— Ordinance No. 12731 —By Frank L. Loss, by request — An ordinance granting permission to Leonard W. Bisanz and Wallace M. Mailand to construct a public storm sewer in a certain perpetual public easement provided to be granted or caused to be granted by said peil eittees to the City of Saint Paul and r" r,ribed as follows: a 15.0 foot wide W, 'p anent easement for the purpose o 'ruct- ing and maintaining public :N� ewer on under, across and thn* ti.r.triV feet in width,' ; -_.,- on ' 'erlinee 1 „An ordinance granting permission to Leonard W. Bisanz and Wallace M. Mailand to construct a public storm sewer in a certain perpetual public easement provided to be granted or caused to be granted by said permittees to the City of Saint Paul and described as follows: a 15.0 foot wide permanent easement for the purpose of constructing and maintaining public storm sewer on, under, across and through a strip of land 15.0 feet in width, the centerline of said easement t being described as follows: the centerline of said easement being anrE -W line, a distance of 78.25 feet north of and parallel to the north line of St. Paul Avenue and extending across Lots 5, 6, 7, 8 and 9, Block 4,�Granport Addition, from the terminus of the existing sewer easement in Lot 9, Block 4, Granport Addition to 5.0 feet east of the west line of Lot 5. This is an emergency ordinance rendered necessary for the preservation of the public peace, health, and safety.- �- - 21-801-6 ” THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 1� Section 1. That permission and authority, subject to the provisions, terms and conditions of this ordinance hereinafter set forth, hereby are granted to Leonard W. Bisanz and��Wallace M. Mailand to construct a public storm sewer in that certain hereinafter described perpetual public sewer easement hereby required, as a conditionilprecedent to the effect of such permit, to be granted or caused�to be granted by said permittees to the City of Saint Paul. That 'such public storm sewer shall serve the following described tract or parcel of land: West 1/2 .of Lot 3, all of Lots 4 and 5, Block 4, Granport -Addition and such public storm sewer shall be constructed and maintained in such perpetual public sewer easement described as follows: A 15.0 footl' wide permanent easement for the purpose of constructing and maintaining public storm sewer on, under, across and through a strip of land 15.0 feet in width, the centerline of said easement being described as follows: the centerline of said easement being an E -W line, a distance of 78.25 feet north of and parallel to the north line of St. Paul Avenue and extending across Lots 5, 6, 7, 8 and 9, Block 4, Granport Addition, from the terminus of the existing sewer easement in Lot 9, Block 4, Granport Addition to 5.0 feet +east of the west line of Lot 5. ll - 21801 -6 14 fa13( Section 2. That the Commissioner of Public Works hereby is authorized to issue a permit to Leonard W. Bisanz and Wallace M. Mailand for the construction of such public storm sewer upon and subject to the following provisions, terms, and conditions: 1. That said permittees shall construct said sewer entirely at their own expense, under the supervision and to the satisfaction of the Commissioner of Public�Works, and in accordance with the plans and specifi- cations prepared by hiui: 2. That said permittees shall pay the cost of engineering and inspection of said work;, and for the publication of this ordinance. 3. That saU permittees 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 original condition. 4. That said permittees, after the inception of said work, shall prosecute same continuously with diligence, and fully complete said work to the satisfaction and approval of said Commissioner on or before November 1, 1965. 11r 5• That saidj'ipermittees expressly agree and undertake 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 outl!of or occasioned by the performance of the work contemplated by this permission and authority. 6.-- -That saidl�permit "tees shall furnish a bond to the City of Saint Paul in the sum of $10,600 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. 7. That saidjipermittees shall not proceed to construct said sewer unless and until said permittees shall have fully complied with the provisions regarding insurance andi;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 f said Specifications, as amended, iapplicable to contractors. For the purpose, of this ordinance, the aforesaid section of said Specifications numbered 1.44, as amended, shall be read as though the word "permitt'ees" were substituted for the word "contractor" wherever the-same appears in the aforesaid Section 1.44, as amended. Said Section 1.44, as amendedl, of-the Specifications for Street and Sewer Construction in the City of Saint Pali is hereby incorporated herein by reference asffully and as completely as if 'set forth herein verbatim. Proof of compliance with the provisions of 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. • {' ], 8. That said 'permittees shall, within thirty days after the passage of this ordinance, file written acceptance thereof with the City Clerk. \4Q;. a 1r -2 1 �1 �r Original to City Clerk , "ORDINANCE 218016 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 9. That1`said permittees shall, at their 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 for the construction,.maintenance, and operation of such public sewer on, under, across and through that strip of land hereinbdfore- diescribed. 10. Thad! said hereby authorized public storm sewer, particularly i in respect of its--c�knstruction,.is described as follows: Beginning at the terminus of the existing storm sewer in Lot 9, Block 4. Granport Addition, thence continuing easterly a distance of approximately 150 lin. ft. to the west'�property line of Lot 5, Block 4, Granport Addition, saidi� sewer alignment being parallel to and 78.25 feet north of the north line of St. Paul Avenue; and that the same, as aforesaid, shall be installed, maintained, and operated within the lines of'�the aforesaid public sewer easement. Section 3 ordinance rendered health, and safety. Section 4 and after its passa This ordinance is hereby declared to be an emergency essary for the preservationcof the public peace, This ordinance shall take effect and be in force from approval, and publication. Yeas Councilmen Nays Dalghsh � I Holland f V Loss f san ' Fetamon- Rosen Mr. President (Vavoulis) +I �I Attest: Wy Clerk 1111 8-82 22 Form approved Counsel JUN 3 196 Passed by the Council 4 Tn Favor DoDllute to Printer o ORDINANCE W 8 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. ,.An ordinance granting permission to Leonard W. Bisanz and Wallace M. Mailand to construct a public storm sewer in a certain perpetual public easement provided to be granted or caused to be granted by said permittees to the City of Saint Paul and described as follows: a 15.0 foot wide permanent easement for the purpose of constructing and maintaining public storm sewer on, under, across and through a strip of land 15.0 feet in width, the centerline of said easement being described as follows: the centerline of said easement being an E-W line, a distance of 78.25 feet north of and parallel to the north line of St. Paul Avenue and extending across Lots 5, 69, 7, 8 and 9, Block 4, Granport Addition, from the terminus of the existing sewer easement in Lot 9, Block 4, Granport Addition to 5.0 feet east of the west line of Lot 5. 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, subject to the provisions, terms and conditions of this ordinance hereinafter set forth, hereby are granted to Leonard W. Bisa 7, and Wallace M. Mailand to construct a public storm sewer in that certain hereinafter described perpetual public sewer easement hereby required, as a condition precedent to the effect of such permit, to be granted or caused to be granted by said permittees to the City of Saint Paul. That such public storm sewer shall serve the following described tract or parcel of land: West 1/2 of Lot 31, all of Lots 4 and 5. Block 4, Granport Addition and such public storm sewer shall be constructed and maintained in such perpetual public sewer easement described as follows: A 15.0 foot wide permanent easement for the purpose of constructing and maintaining public storm sewer on, under, across and through a strip of land 15.0 feet in width, the centerline of said easement being described as follows: the centerline of said easement being an E -W line, a distance of 78.25 feet north of and parallel to the north line of St. Paul Avenue and extending across Lots 5, 6, 79 8 and 9. Block 4, Granport Addition, from the terminus of the existing sewer easement in Lot 9, Block 4, Granport Addition to 5.0 feet east of the west line of Lot 5. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk IAI "2 22 Form approved Corporation Counsel By Passed by the Council Approved: Mayor Favor A, nst _Af • -t. - - _ �S� -_ ,. .i_ ]k l -r- _ Jar �.. _.�' _ -Y c _ _ Y _ .�i . 'J1• _ - rtG _ �•f • - � 4 +•�. - __ 3r� °� - _.�'yz kC - -`_kA •lea, - - _ r, - • ;`. •j,.. - `. .T �' ♦ - `if,. l•. .� •f`. _ _S _- _ -J. - 4. _ Jam/ /��J A`r__� ti - - - �4•'- •• ''s'- - tea- - _ - - - Se¢ti_on' 2 i.` T_# -.the 'Comm ss3oner' iot'`Publia.4lorica herabyr authorized to, :�.sduo -a ,permit to- _Leonat'd -W - Bisanz ' and - Wallace M: Aailand f > fox- the;,constructiori' ofjL'sueh -- tiAblie ,:stdrm•seKer, 'upon erid subj ee ''to, the. _Y : followi_ ng',provisioris;` °erms -:an' d ;donditians i vr- t e re ,pieridtes lshnl `eonstruct`sa s w r = • °` . - �.. at`- tibiedwn .expori's_e.,. ='iinQer =.the; supervision and 'to the.eatWisfaction .o Ggmm ss3bner of� Pu�ilic or�ts' .'snc it aacordanca ,With t iaPplaiiA amd spec 2'i- catiope - prepared by;.hity That sai.4 permii"t -ii _shall'pay�th- cost oi' ®ngineeri ::and - -� ins�rsetion-', of _ said, � 6'A- sad. nor the publicat�`ori of., tbie ^ ordi Cana$ - k . - ; +- - '-.• -._ - _ die -•., _ + i �' Vii:- '..•r• - -. ' ''; .3:.• +_ '., �.,.r- "_f _, :" _ n 3:' 'that esid permitteea :shaTY- prolierl protect;.all= excavations `made i - 'in' the' streetg both day, and xiight sv. as. to ;avoid all damage or in�ui-y td ,persons '• or, ;pxoperty; shall. 'propefly ,fill said ,tamp' skid 'street $ -to "-•void -settling and • - shall x"tore said- stre6is 'to' their.• -`grig nal condition .4 -._ That - _,send pernittees.; aft or, =the inc apt io of -said,Wdrk shall ;prosecute saigA oontin�uouslywith,ci3ligeiice ,andully'eompletQ _ seic xor'k to • : " the .sati- sPa.ction and eppr -oval -of -, said 'Conunissidiaer on or',b6fore :I�oYamtier 1-,,-1965' = ';•••c~ - !•' •: .its r._•." ;� � - - •�. - �. w ... -.. That said peraittoee expressly .agree and undertake. to = indeitn arid., hold hexial ess ,t a -Eit of Bain ,Fully ` - . _. • h_ y` t'" -Paid; ,its sgegte, offloers; _ and' dmployees frot ,.4 and all damag ®s, • �claimii, losses:; 'judgments;. •suits, - t { ` o"r expenises arid ng• out of or Qcde•si' ti "th • erformane the ork - ' coin plated ,by. t y o 'p .. f e flf �. ` ex hls eruiiswioii arid' authority. -- � t -`6: -That #did, permitteei e1�a11 furnish 'a boiid =to the City. of Saint �• • haul in,the '.sumtof - 10;06Q:ognditionea to- comply with';el�. the terms. of: this' - „ordinatzce " ricl" to ,indemnify, and•• sa'va rharm 'City from all liability, _ 1 _ los;e,, jidgm6ilts, sufrta,, cost's;: charges and expeds ;that may accrue, to - persona' ,or property oGCaaioried by-.t_ he sicking, of the improvement , or '- +rising :out .of " the • 1,{ , l acts - ... { t • FAF - _ .r "- • . - M1, �.J _ ! _ ^'• - _ ' • • That jsaid'•permitteae_° shall.'- 'u6t- proce-ed-to''construct'seid sewer. ' uiliess, and. until• °sefd perip tteea shall have'fc11y complied with -tile roirisionp' _ + Y • regerdiiig lnsuranca!' and, indemniFiaation ' contai ned' iia the 'City of Saint " Paul; Department of Publira Works $isecifieatioii's" i'or 'Street -and: Sewer Construction -, dated Apr ik -- 1, 19S9,= Section, iumbered.: 1;44" said -SiSeQificatYc_ na se •ainerlseil; F t.applioable to'contr,'aciors. For the. purposes.of' this 'ordinance,'the -,afoiesa_id_' sectio" of said Spdcifications ni bered'1 k4 as `ameiided,..shall be " read.' as a thou h.- t ,, "`' n. - g he_, -fiord- , pei►mittees • were substitiiteci Yqr the` void .contractor" " avberever .thy: 'sane appears, iii:the, aforesaid Section' .'44 as suiendedc- .` Soid Section- 1`. $4; as augende of _the Spcifioations f or Street 'and Sealer .Construction''a:' ' • in the City. of.= Saint' ;Paul- is hereby, incorporated- - hereiiT eby reTerence• asffully t 1 aud_aa''completBly ;as::zif set �,. ,forth here n'•werbatiin S.wP oof' of a.otaplianCe- with ti the - `provisioSns of a the' aforesaid Section .4 =ae .amended, shall, `after submission to. - the,Cor ration dounsei a filetT in the, , Fo ,' t siffiae of th ®: Cotsptroller' of the City of Saint' Paul:.. !w ' y .. i1� ` r' •t _`,'' _ a ._ ? i -J±�f r� a:rr .'.. ..t •'r. v +Y i' ' ' `... a The saki' permittees shall; within: thirty days -eifter :the !passage ; of .thiss ordinance; vnl accepta_ nco thereof -.with .tYie City',=Clerk. - +•�.�- wl,: _. •, '__n- `. f' T J 1- 'iii., � _ r .. /- ''�. fib- • :. -, .'3'� • _. 1 .. - ,•• "i " •"}- .•5, - , _ sir• Y�, ` a ,• _ - + _ .. - _ _ a .. .. :_ ` ','� rrF ri�,'•.''•,r _•_""}' _YY ' "- C }'. - •kip•, ". `'1L - •_'' ' _3 •a f._ - . _ , t Duplicate to Prtnter ORDINANCE 1-806 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 9. That said permittees shall, at their 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 for the construction, maintenance, and operation of such public sewer on, under, across and through that strip of land hereinbdfore,�despftbed. 10. That said hereby authorized public storm sewer, particularly in respect of its construction, is described as follows: Beginning at the terminus of the existing storm sewer in Lot 9, Block 4, Granport Addition, thence continuing easterly a distance of approximately 150 lin. ft. to the west property line of Lot 5, Block 4, Granport Addition, said sewer alignment being parallel to and 78.25 feet north of the north line of St. Paul Avenue; and that the same, as aforesaid, shall be installed,'maintained, and operated within the lines ofthe aforesaid public sewer easement. Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservationcof the public peace, health, and safety.' Section k. This ordinance shall take effect and be in force from and after its passage, approval, and publication. I FA Yeas Councilmen Nays Dalglish Holland Loss wrrtinsa Rosen Mr. President (Vavoulis) Attest: City Clerk inz "2 22 Form approved Corporation Counsel By —3— JUN 3 19H Passed by the Council Tn Favor Approved: Against c Mayor 4 o �4 June 9,- 1964 . To the Honorable, the City, Council, Saint Paul; Minnesota. Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File 218016, being Ordinance No. 12731, adopted by the Council on June 3, 1964. r ONARD W. BIS Z jk E M. MAILAND I t _ .-.. _.r.- r -_•-- _ -. :v :�. .' -.. ..� : �` - -' :- "" *]S � �. .�.yY is .. -fy — - - •, _ .. _ •�_ - -'_ * _ _ - -' _ _ _ - 3f I _ `�- - - -_ - _ fin_ ,r - �- ,� _ `- 1�• - 'June 9;-1964r jr Xr.'Leonard W. Bisanr, 1050 S. Cleveland St.' Paul. Minn. _beer, Sire, k'e enclose. A copy of Ordi No. '12731,_ granting you permission - ,to _ construct a public a _ sewer_ described thereont 6 so bill in the sum of, t vdr the st- of ublicati on - -of - ,. � X33.75 �? _ , • this ordinance. ' We call'>your spec. tent n to Paragraphs 6 and 8 .of ' Section 2 which Vequire t f _a in the amount specified and -the filing .ofa�an ac ance 'of a fie of-this ordinance. Both must be filed in this o ice, Roam , City Hallj_within 30 days. - j If not so fi1,ed , ' ,,the ' o nance bed void. We' also call your - attention to Section -9 requiring filing a warranty'deed. -. • , as _ - ' - - - . -• r - iy _a Yery truly yours. City Clark ^',- - - r _ fir. •4". r _• r w - > - t,GEOF2GE M. SftPARD' C I T Y ^STREET AND HIGHWAY ENGINEERING COORDINATOR L .. aa. 9 DEPAF y�yr. _234.,C �t !�� �, I N4'n !6• 1 � 1 1 { 'O ,h S AA N T oPAXIJ f�Minnesota !c rM 1' 0 WBUC WOR''S5 sc i F u F c. e - :851:02' - -�- • ,.1.,"Q'`�, m ission r._ Im 0 e M- BE "§V& r ,ta rar _ - .D.pufyL 4:FrWi tone -- { 1 X22 _ E V.� AVERY � ENGINE[R ESTER NTMI ENT F SANITATION' a Lr Ililf i 1 May 8, 1964 �D Mr. Donald L. Lais{ MAY $ 1964 Corporation Counsel CQ:ZPO 316 City Hall PQTjoN �V � U1V►�,�L i, Re: Request for Ordinance Bear Mr. Lais: 1� Attached is the original letter of Wallace M. Mailand and Leonard W. Bisanz requesting to build a public storm sewer privately. The description of the property to be served by such sewer is described as follows: 1i W. i of Lot 32 all of Lots 4 and 5, Block 4, Granport Addition to St. Paull. The description of the storm sewer is as follows: Beginning at the terminus of the existing storm sewer in Lot 9, Block 42 Granport Addition, thence antinuing easterly a distance of approximately 150- -tin. ft, to the west property tine of L'o`t 5, Block 42 Granport Addition, said sewer alignment being par {allel to and 78.25 feet north of the north lire of St. Paul 1Avenue. 1� The description of the sewer easement is as follows: 1 A 15.0 foot wide permanent easement for the purpose of constructing and maintaining public storm sewer on, under, across and through a strip of land 15.0 feet in width, the centerline of said easement being described as" follows: "The centerline of said easement being an E -W line, a distance of 78.25 feet north of and parallel to the north line ofjESt. Paul Avenue and extending across Lots 5, 6, 7, 8 and 9, Block 4, Granport Addition, from the teminus of the existing c' Mr. Donald L. Lais -2- May 80 8 1964 o sewer easement An Lot 9, Block 4, Granport Addition to 5.0 feet east of the west line of Lot The permittee agrees to comply with all the conditions•o.f, the ordinance and I request that theordinance be prepared. If you have any questions referring`tq,;this matter you may call me on extension 446. Yours very truly, 3 John A. DesLauriers Sewer Engineer JAD /j h Approved: lr• Eug ne V.1I Avery Chief Engineer attached (1) 3 , f 1 a; o w`i ,r LEONARD W. SISANZ 1050 CLEVELAND AVE. SO. I' ST. PAUL 16. MINN. j! April 28, 1964 0 Honorable Milton Rosen Commissioner of Publlic Works Room 234, City Hall,, St. Paul 2, Minnesota 1' Re: Request for Ordinance for build - j: ing storm sewer in an easement in Block 4, Grandport Addition. Dear Commissioner: a - We hereby request on behalf of Wallace M; Mailand, 1722 So:. Missy issippi River Blvd.!, and Leonard W. Bisanz, 1392 So. Cleveland Ave- nue, that the St. Paul City Council pass an ordinance to permit us to construct a public storm sewer privately. Said sewer is as follows: From thel�terminus of the present storm sewer constructed recently by Bisanz�fBros. Construction Company. The sewer is to s erly one -half of Addition to St. P I agree to deed I agree to fully ment incurs for the following described real property: West - 3, and all of Lots 4 and 5, Block 4, Grandport the City the required easements. e the City for all costs that your depart - ng and construction inspection. I also agree to play the publication costs for the ordinance. I further intendjto comply with all the requirements of the ordi- nance and understand that I must file with the City Clerk a writ- ten acceptance of the terms of the ordinance within the time spe- cified. 1 Yo s xery truly, Leonard W. Bisanz Wallace M. Mailand �f LWB/v j cc: Wallace M. Mailand a �i II 1� ORIGINAL TO"PAYOR RECEIVED OF FOR�tin�/y _ Soo 5-41II 22 1 CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER `RECEIPT N° 1644 1 Ui' i� CITY COMPTROLLER BY ion ISt( ✓ 'Laid over to d . 3rd and app.__ 1 2nd j (I Yeas Nays 9E \ s Nays r M Dalglish Dalglish f olland Holland i; Loss i Loss Peterson 1 1'ete�sefl -. CJ �.� Rosen �UBLISIII;D Rosen I. Mr. Pres4dn,t avoulis 2 ' 80169 -7 -r