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194659{\ 00riginal to City Cjrk ' ORDIN ` /e- PRESENTED BY Winkel 42' Council File No. 194659 — Ordinance No. 11624 —By Adrian P. Winkel — An ordinance granting permission to Aagard Building Company to construct a public sewer in an easement to be granted by said Aagard, Building Com= pany to the City of Saint Paul, said easement being in Lot 1, Block 5, Scenic Hills. This is an emergency or- dinance rendered necessary for the preservation of the public peace, health and safety. The, Cour�i� of tb- C itv n{.'K�},Nt :Paul 194659 if � 4 An ordinance granting permission to Aagard Building Company to construct a public sewer in an easement to be granted by said Aagard Building Company to the City of Saint Paul, said easement being in Lot 1, Block 5, Scenic Hills. 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 the Aagard Building Company to construct a public sewer in easements to be granted by said Aagard Building Company to the City of Saint Paul, the southerly line of the varying width easements being described as follows: A 24 foot wide easement beginning at a point on the west line of Lot Block 5, Scenic Hills, said point being 97.57 feet north of the southwest corner of said Lot 1; thence easterly at right angles to said west line a a:jistance of 79.41 feet to a point; thence on a curve to the left on a radius of 170 feet for a central angle of 430 04' 30" to a point; thence along a e: line tangent to the-last described curve for a distance of 76.22 feet to a point; thence on a deflection angle of 300 22' 40" to the right for a dis- tance of 197.64 feet to a point; thence on a deflection angle of 180 42' 30" to the left a distance of 0 feet to a point at which said 24 foot wide ease- ment ends; thence beginning a'20 foot wide easement on a curve to the right on•a radius of 531.06 feet for a central angle of 170 08' 40" to a pointj,on the east line of said'Lot 1, said point being 51.80 feet southerly of the northeast corner of said Lot 1, Block 5, Scenic Hills; the following described property to be served by_said sewer: All of Lot 1, Block 5, Scenic Hills except the triangular portion of Lot 1, Block 5, Scenic Hills, being described as follows: Beginning at the northwest corner of said Lot 1; thence southerly a distance of 192.0 feet along the westerly line of Lot 1; thence a deflection angle of 1020 41' 50" to the left a distance of 541.53 feet to the north line of Lot 1, said point being 535 feet from the northwest corner of Lot 1; thence along the north line of Lot 1 to the point of beginning. SECTION 2 The Commissioner of Public Works is hereby authorized to issue a permit to said Aagard Building Company for the construction of said sewer, upon its compliance with the following conditions, viz: _ o `TrA ,ter_ rCpp. coi:t:CFL Yeas Councilmen Nays KXMXdM DeCourcy # Rosen o an lKtiM Winkel Mortinson Peterson Mr. President (Dillon) Attest: City Clerk 1000 12 -54 $65j;.8 Passed by the Council Approved: Mayor Tn Favor Against Orlainal to City rk u • • ORDINANCE 4 COUNCIL FILE NO. PRESENTED BY -2- 194659 ORDINANCE NO. b 1. ' -'Said permittee shall construct said sewer entirely at its own expense, under the supervision and to the satisfac- tion of the Commissioner of Public Works, and in accordance with the plans and specifications prepared by him. 2. Said permittee shall pay the cost of engineering and inspection of said work, and for the publication of this ordinance. 3. The said permittee shall properly protect all exca- vations made in the streets both day and night so as to avoid all damage or injury to person or property; shall properly fill and tamp said streets to avoid settling, and shall restore said streets to their original condition. 4. Said permittee, 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 or or before June 1, 1960. 5. Said permittee expressly agrees anrd 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 authoriiy. 6. Said permittee shall not proceed to construct said sewer unless and until said permittee shall have fully com- plied with the provisions regarding insurance and indemnifi- cation contained in the Specifications for Street and Sewer Construction in the City of Saint Paul, said provisions being numbered 1.14 and -found on pagesl -13 through 1 -17 of said Specifications, copies of which Specifications are on file in the Department of Public Works and are incorporated into the terms of this ordinance by reference as if the same had been fully set out and recited herein. Said proof of compliance with the aforementioned provisions shall be in such form as the Corporation Counsel of the City of Saint Paul may direct and said evidence of compliance shall be filed with the City Clerk of the Ci* of Saint Paul together with a copy of this ordinance. 7. Said permittee shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars ($102000) conditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all e '09 - liability, loss, judgments, suits, costs, charges.�Iandrex�nse that may - accrue to persons or property occasioned by -the making of the improvement or arising out of same. Yeas Councilmen Nays Passed by the Council DeCourcy Holland Mortinson In Favor Peterson Rosen A gainst Winkel Mr. President (Dillon) Approved: Attest: City Clerk Mayor iM 8 -59 8 5 Original to City Clerk o ORDINANCE COUNCIL FILE NO. PRESENTED BY . ORDINANCE NO. 8. The said permittee shall, within ten days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. 9. That - saaid permittee shall immediately file with the City an instrument granting to said City an easement with respect to the areas hereinbefore described, said instrument to be in form satisfactory to the Corporation Counsel of the City of Saint Paul. I - -3{r" Section 3 This ordinance is.hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health, and (safety. �.. y Section 4. This ordinance shall take effect and be in force from and after its passage# approval, and publication. ' b D�Co Yeas ncilmen '�urcy /Holland _Mortinson Peterson --5i n inkel President (D• 1 Attest: City Clerk ina s- .,.ms8 Nays DEC 3 1959 Passed by the Council Favor d A gainst DEC 3 1959 Approved: Mayor PUBLISI�ED ?— 94659 ■ Dwlicate to PrWW ° ORDINANCE 194659 PRESENTED BY Minkel COUNCIL FILE NO. ORDINANCE NO. An ordinance granting permission to Asgard Building Company to construct a public sewer in an easement to be granted by said Asgard Building Company to the City of Saint Paul, said easement being in Lot 1, $lock 5, $conic Hills. 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 doss ordaRin: $SCTION 1 ThAt permission and authority are hereby granted to the Asgard Building tompany'to construct a public sewer in assoments to be granted by said Asgard Building Company to the City of Saint Raul, the southerly lire of the varying width esse0snts being'described _ as follows; A 24 foot 'wide easement beginning, at a point on the weft line of Lot 10 Block 5, $qen14 Hills, said point being 97.57 foot north of the southwest corner of said Lot 1; thence easterly at .right ahgless to said west line a distance of 79.41 feet to a point; thence on a curve to the'left on a radius of 170 feet for a central angle of 430 041 301 to a point; thence along a line tangent to the last described curve for a distance.of 76.12 feet to a point! thence on a deflection angle of 300 22' 40" to. the right for a dis- tance of 197.64 feet to a point; thofte on a deflection angle of 180 421 30" to the left a distance of 0 feet to a point at which Sold 24 foot wide ease - ment ends; thence beginning a 20 foot wi.de'sss.ement on a curve to the right on a radius of 531.06 feat for a central angle of 170 081 4011 to a point on the east tine of said, Lot 1, said point being 51.50 feet southerly of the northeast corner of Maid Lot 10 Block 5,4conic Hills; the following described property to be served by ssid sewers All of Lot, 1, Block S, Scenic Hills ,except, the triangular portion of Lot i, Block 5, Scenic H1fISO being deSciribed as follows: Beginning at the northwest corner of said Lot 1$ thence southerly a distance 6f 192.0 feet along the westerly line of Lot 1; thence a deflection angle of 1020.41' 50" to the left 'a distance of 541.53 feet to the north line of Lot 1, said point being $35 fo6t from the northwest corner of Lot i;, thence .along the north line of Lot 1 to the point of beginning. SECTION 2 The Commissioner of Pubiio Works 1s hereby authorized to issue a permit to sold Asgard Building Company for the construction of said sewer, upon its compliance with the following conditions, viz; Yeas Councilmen Nays Uu( DeCourcy o an Rosen NOLVOW Winkel Mortinson Peterson Mr. President (Dillon) Attest: City Clerk 1000 12 -69 8 Passed by the Council_ Approved: Mayor Tn Favor Against DaplimU to Prtnty ORDINANCE .94659 PRESENTED BY COUNCIL FILE NO. ORDINANCE NO. -2- 1. Said permittee shall construct said sewer entirely at its own expense, under the supervision and to the aati.afac- tion of the Commissioner of Public Vorks, and in accordance with the plans and specifications prepared by him. 2. Said permittee shall pay the cost of engineering and inapection of said work, and for the publication of this ordinance. 3. The a:dd permittee shall properly, protect all exca- vations nude in the streets both eqr and night so as to avoid all damage or injury to person or property; shall properly fill and t:.mp avid streets to avoid settling, and shall restore said streets to their original. condition. 4. Said permittee, after the inception of said work, shall prosecute same continuously with diligence, and folly complete said.work to the satisfaction and approval, of said Commissioner or or before June 1, 1960. 5. Said permittee expressly agrees and undert!A- ee to fully inden- nify and hold hermlees the City of Saint Paul, its agcnte, officers.. and employees from any aae all damages, claims, losses,, Judgments., suits, or expenses ari,sin; out of or occasioned by the performance of the work contemplated by this permission and authority. 6. tiaid permittee shall not proceed to construct said se'Jer unless and until said permittee shall have fully com- plied with the provisions regarcing insurzn.ce and.indemnifi.- cati.on contained in the Specifications for Street and Sewer Construction in the City of Saint Paul., said provisions being numbered 1.4/+ and found on pagEsl --13 through 1-17 of said Specifications, copies of which Specifications are on file in the Department of Public 'Forks and are incorporated into the terms of this ordinance by reference as if the same had been fully set out and recited herein. Said proof of compliance with the aforementioned provisions shall be in such form as the Corporation Counsel of the City of Caint Paul may direct and said evidence of compliance shall be filed with the City Clerk of the City of Saint Paul, together with a copy of this ordinance. 7. Said permittee shall, furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars (110,000) conditioners to comply with all the torms 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 peoperty occasioned by the making of the improvement or arising out of same. Yeas Councilmen Nays Passed by the Council DEC 1959 DeCourcy Holland Mortinson Tn Favor Peterson Rosen A gainst Winkel Mr. President (Dillon) 1959 Approved: DEC 3 Attest: City Clerk Mayor 1M 8 -59 AW8 i Duplicate to Printer, G ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO w� 6. The said permittee shall, within ten clays after the passage of this ordinance, file a written ucceptrnce thereof vi.th the Citi7 Clerk. 9. That acid permittee shall immediately file with the City an instrument granting to said city an eaeement with respect to the areas hereinbefore described, said instrument to be in form satisfactory to the Corporation Counsel of the City .of Saint PAIii. 94659 Section 3 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation 6f 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 DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 8 -59 a®u8 Passed by the Council DEC 31959 Tn Favor Against Approved: DEC 3 1959 Mayor Saint Paul, Minnesota December 8, 1959 To the Honorable, the City Council Paint Paul, Minnesota Gentlemen & Comsr. DeCourcy: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 19+659, being Ordinance No. 1162+, adopted by the Council on December 3, 1959• R r ORIGINAL ' y CITY OF SAINT PAUL TO PAYOR JIM, OFFICE OF THE COMPTROLLER RECEIPT NQ 1154 19— RECEIVED OF �� �'-� ��` ���1 goo FOR &i�24 no M!/ CITY Cr ROLLER BY r p r is J 2nd d Laid over to 3rd and app Adopted—)--A Yeas Nays <N, D Nays ` epeGoarcy eConrcy \ Holland \ Holland Al tinso Mortinson Peterson Peterson Rosen \Rosen \ Winkel \ Winkel Mr. President Dillon M President Dillon 8 ��9