208584OArinal to- City Cleric
Council'FilelNo. 208.584— Ordinance No.
12266 —B3; -Milton Rosen-
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N n ordinance granting permission
and authority to Minnesota Land De-
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velopment ?:,.nber 3 Corporation, a
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PRESENTED BY
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AN ORDINANCE GRANTING PERMISSION AND AUTHORITY TO
MINNESOTA LAND DEVELOPMENT NUMBER 3 CORPORATION,
A MINNESOTA CORPORATION, TO GRADE AND SURFACE,
ACCORDING TO PLANS AND SPECIFICATIONS THEREFOR
APPROVED BY THE COMMISSIONER OF PUBLIC WORKS, THAT
CERTAIN SECTION OF SUBURBAN AVENUE, A PUBLIC STREET
WITHIN THE CORPORATE LIMITS OF THE CITY OF SAINT
PAUL, EXTENDING FROM THE WEST LINE OF EARL STREET
A DISTANCE OF 290.58 FEET WESTERLY FROM SAID WEST
LINE OF EARL STREET. '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 hereby are granted to
Minnesota Land Development Number 3 Corporation, a Minnesota
corporation, to grade and surface, according to plans and
specifications therefor approved by the Commissioner of Public
Works; that certain section of Suburban Avenue, a public Street
within the corporate limits of the City of Saint Paul, extending
from the west line of Earl Street, a distance of 290.58 feet
westerly from said west line of Earl Street.
SECTION 2
That the Commissioner of Public Works hereby is
authorized io issue a permit to said Minnesota Land Development
Number 3 Corporation, to grade and surface said section of public 4
street subject to its compliance with the following provisions,
terms and conditions of this ordinance:
1. Said permittee shall grade and surface said section
of public street entirely at its own expense, under the supervision
and to the satisfaction of the Commissioner of Public Works, and
in accordance with plans and specifications therefor approved by
said Commissioner.
2. Said permittee shall be obligated to fully reimburse
said City on account of all costs incurred by said City therein
and for necessary engineering and services and inspectional work
pertaining to the aforesaid grading and surfacing of said section
of public street hereunder and said permittee shall be further
obligated to fully reimburse said City on account of said City's
cost necessarily incurrted for the publication of the ordinance.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1111 6-62 22
Passed by the Council
Approved:
Mayor
Tn Favor
Against
- XIs —
-2_
3. Said permittee shall properly protect all
excavations made both day and night, so as to avoid all
damage or injury to person or property, and to fill and
tamp same to avoid settling.
4. Said permittee, after the inception of said
work, shall prosecute said work continuously, with diligence
and fully complete said work to the satisfaction and approval
of the Commissioner of Public Works on or before the first
day of February, 1963.
5. 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. Said permittee shall furnish a bond to the
City of Saint Paul in the sum of $10,000, conditioned to com-
ply 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 said improvement
or arising out of the same.
7. Said permittee shall not proceed to grade or
surface said-section of public street unless and until said
permittee has 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, as amended,
Section 1.44 and found on pages 1 -13 through 1 -17 of said
Specifications applicable to contractors. For the purposes
of this ordinance, the aforesaid section of said Specifications
numbered 1.44 shall be read as though the word "permittee"
were substituted for the word "contractor" wherever the same
appears in the aforesaid Section 1.44. Said Section 1.44 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 1.44 shall be in such form as the Corporation Counsel
of the City of Saint Paul may direct, and the documents re-
quired by the aforesaid Section 1.44 shall, after the submission
to the Corporation Counsel, be filed in the office of the
Comptroller of the City of Saint Paul.
Original to-City Clerk
•r
PRESENTED BY
ORDINANCE
-3-
COUNCIL FILE NO
x!08584
ORDINANCE NO. I - 4
8. Said permittee, prior to commencement of such
grading and surfacing of said section of public street hereunder,
shall procure necessary easements in the land abutting thereon
for slopes, cuts and fills required by the aforesaid plans and
specifications and shall-obtain written releases from the owner
or owners of such abutting land releasing and discharging said
City from any and all damage claims connected therewith or
resulting from such grading and surfacing of said section of
public street hereunder.
9. Said permittee shall convey, or cause to be con-
veyed, by sufficient Deed of Conveyance unto said City for
public street purposes, particularly for the opening, widening
and extending of said section of public street, the following
described tract or parcel of land situated in the City of Saint
Paul, County of Ramsey, State of Minnesota, to -wit:
The North 30 feet of Lot Twenty (20), Block Thirty (30),
Suburban Hills, according to the recorded plat thereof
on file.and of record in the office of the Register
of Deeds in and for said Ramsey County.
The operative effect of the permit hereunder shall be deferred
until said Deed of Conveyance shall have been delivered to said
City and the hereinabove described land, hereby provided to be
the subject of the conveyance thereunder, shall have been dedicated
by resolution of the Council of said City to said Public Street
purpose.
10. Said permittee shall, within 30 days after the
passage of this ordinance, file with the City Clerk its Written
Acceptance approved by the City Council.
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 upon
its passage, approval, and publication.
Yeas Councilmen
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest:
City Clerk
1M 6-62 X22
Nays Passed by the oil AUG 3 0
Favor
Against
Approv 4E AUG 3 0 1962
Mayor
GOTTLIEB AND SHAW
City Clerk
City of Saint Paul
Court House
Saint Paul, Minnesota
Dear Sir:
2,-,2
CA 7`8266
Re: Minnesota Land Development Number 3
Corporation
Delivered to you herewith please find surety bond in the sum of
$101000.00 naming Minnesota Land Development Number 3 Corporation, as
principal, and The Aetna Casualty and Surety Company, as surety, in con-
nection with Council File No. 208584 involving the grading and surfacing
of a certain portion of Suburban Avenue extending from the west line of
Earl Street a distance of 290.58 feet.
This letter will also serve as acknowledgement by Minnesota Land
Development Number 3 Corporation of its acceptance of all of the condi-
tions expressed in the pending ordinance covering said street improvement.
As you know, the Council gave its informal approval to the ordinance in
order to permit us to proceed with the street improvement work. Certain
tenants are moving into the building premises at 1034 Suburban Avenue
within a few days and we therefore desire to immediately commence street
work. I understand that we will be able to do so at this time and if
there are any further requirements prior to our proceeding I will appreciate
your advising.
I have been in contact with Mr. Gregg Beckett of the Department
of Public Works and apparently his department is preparing the necessary
plans and specifications. The contract for the work is being let to
Northern Asphalt Construction Co., 1648 Rice Street and Mr. D. C. Loye
of said firm will be checking with the Department of Public orks to
t
ATTORNEYS AT LAw
WEST 886
FIRST NATIONAL BANK BLDG
ST. PAUL 1, MINNESOTA
JAMES E.GOTTLIEB
IRVING SHAW
PETER C.ANDREWS
August 23, 1962
GERALD E.FRISCH
City Clerk
City of Saint Paul
Court House
Saint Paul, Minnesota
Dear Sir:
2,-,2
CA 7`8266
Re: Minnesota Land Development Number 3
Corporation
Delivered to you herewith please find surety bond in the sum of
$101000.00 naming Minnesota Land Development Number 3 Corporation, as
principal, and The Aetna Casualty and Surety Company, as surety, in con-
nection with Council File No. 208584 involving the grading and surfacing
of a certain portion of Suburban Avenue extending from the west line of
Earl Street a distance of 290.58 feet.
This letter will also serve as acknowledgement by Minnesota Land
Development Number 3 Corporation of its acceptance of all of the condi-
tions expressed in the pending ordinance covering said street improvement.
As you know, the Council gave its informal approval to the ordinance in
order to permit us to proceed with the street improvement work. Certain
tenants are moving into the building premises at 1034 Suburban Avenue
within a few days and we therefore desire to immediately commence street
work. I understand that we will be able to do so at this time and if
there are any further requirements prior to our proceeding I will appreciate
your advising.
I have been in contact with Mr. Gregg Beckett of the Department
of Public Works and apparently his department is preparing the necessary
plans and specifications. The contract for the work is being let to
Northern Asphalt Construction Co., 1648 Rice Street and Mr. D. C. Loye
of said firm will be checking with the Department of Public orks to
t
City Clerk - 2 - August 239 1962
obtain the grade and other specifications. Accordingly, I am forwarding
to Mr. Beckett a copy of this letter so that he knows that the surety
bond has been filed and we wish to thank you for your many courtesies
in this matter.
Very truly yours$
MINNESOTA LAND DEVELOPMENT
NUMBER 3 CORPORATION
By: Irvi Shaw, Secretary
IS/mk - -
Enc.
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ORIGINAL
TO. PAYOR
RECEIVED OF
FO
500 Fs. V
CITY OF SAINT PAUL
OFFICE OF THE COMPTROLLER
RECEIPT,
. :�r3 64. _C'� -90 P
No 1389
CITY COMPTROLLER
BY / y /
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Yeas Nays Yeas Nays
Dalglish Dalglish
Holland Holland
- Loss Loss
Mortinson Mortinson
Peterson 0 Peterson
Rosen Rosen
Mr. President Vavoulis Mr. President Vavoulis
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PUBLISHED-