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273426 WHITE - CITV CLERK PINK - FINANCE ! CANARY - OEPAR7MENT GITY OF SA I NT PAITL COIlIlC1I BLUE - MAYOR Flle NO. ������}� � il lution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby determine that the six inch sanitary sewer located in Pearl Street starting from the manhole located at the center line of Bayless Avenue and then extending northerly for a distance of approximately 221 feet to a manhole located about 15 feet east of the center line of Pearl Street, is and shall be a public sewer under the care and maintenance of the City of Saint Paul and its Department of Public Works from and after the date of this resolution, pursuant to the petition of Cynthia A. Urman, and the City Clerk shall transmit a copy of this resolution to the Department of Public Works. COUNCILMEN Yeas Nays Requested by Department oE: �$tit�r � Hozza In Favor Hunt Levine _ � __ Against BY — Maddox es�o JUL 31 1979 Form Approved b 'ty Atto ey Ado ed by Council� Date ertified P• d by Counc' Secretary By Bl. 9 t�pp ov by 1�lavor. D _ Approved by ayor or Submission to Councii By -- BY p�t�� AUG 1 1 1979 . , a �;-- _ �::�:�� . . . , .Cx��,� �� ��z�;r.� ��.u�, .�- � -�� � f �I�! `� Of'FI�3� �.F+` Trll!: CI!L�t COiT�C?-T.� rs � :1�� �-� ,,: _- .,_� �: . � R�'� � � � Da t e : June 26, 1979 � � 'T ; ...�,�-� _ -. __ ���� Cflf3� �'u� �i� � � ` � � � t� � i � '� O : �ain� Pauf Cit� C��ncil . - - �� OI� � C0�71ii�!'���� O�'1 PUBLIC WORKS ROSALIE BUTLER , chairman, makes the fo[ lat,��ing report on C. F. [_] Ordinance [� Resolufion � . � Orher '�' t`�'L� ; Peti ti on s ubmi tted by Cynthi a A. Urman at 2367 Pearl Street ' requesting that her private house sewer connection be taken over as a public sewer . At its meeting of June 15 the committee recommended that : . the petition be granted. C1TY �L�LL SE�'i:N"iH FI,OO,Z S:1ItiT PA'JL, i�1I\`�:f;S7T�1 S�i02 , � � ' , , � " , , • ' � �, , ' , , � , � � . � � � ' I � � Aprf i 1t1� 19T� , , �E Mr. DonAld &y�;e.�tr�3 , D3re��or Fub1�C WO±'k�s � �. Roo�n 23�, City Hal.l � ' , � 3t. Paul, NLtn.nesrst,.a . D��~ $�Y= ' , The City Co�u�ci� z�r.s'�rreci.to you tor ac�t�siderat4oia and �e�ort, / , a �rtitian :�� (;rmthis� A. Ur�an, 23Ei7 l�.e�rl St.eet, s�akiny, aer�ar n�►f���nany:+� at �th�t adfd!r�tss. , " . , ' V�rv .truly y�u�a, � , ;<os�s Mi�t , , � , � , C�ty Clerk , . . . _ � , , llBO t1A � � , , , , .� , < . , .,. { � � � r' ' � � � � � ' r � - � , . � , � • ' , , � - , � . . . . � . � . . . ' ��\ � i � � ` �f � 9 �j? t�,9 t^ ' �cb, . % , , , , � , , , .�,i► 3, 19T9 , . . , � � Mr. Fd 3tsrr � ' CiLy Attorney � . , Room 61�7, City Hall St. Psul, Minneaota� Dear Si•r; , _ The City Council requssts that you prepare a proper reeolution • ' ,, or ordinence =;rantin� the petition o� Cynthia A. Urmein at 2�? Pearl 3t. requestin� thnt hcr prive►te bouse e�►er eanne�etion be taken over as a public eer+er. ; - � - � � � ' Very truly youra, � , Roea Mix t ' City Clerk ABOtIa ee s` Public Wirks Dept.. . � . ; . . , � , ' , , ; . , _ . , � � , � • , - � . , � � . � � � . � � � � . � � . . , . . . ,` . / .. . , . , � . . � � , .. � �.� � ' � ' 1 . ' t, ' � . ` . .. . � ' ��.� -��, � .� � . � . � � . � . . . � . � . � � � - � . �e _. • , .. . � - . . . . _' . � � . . . . . .� -. . . �`. .l V �� � . . � . � . ' � � . . . . ��� � . . .. , � . ' .. . � . . . � � � � � �� . � � � � . . � � . . . . . . . . e .. � .' . . . . � j . . . . . ' . . . . . . � . . � , . . . � • . � . . . � � �. � . , , � � . - �Y 31, 197'� � . ,. _ �Co�ineilwoman Rosalie Hut�.er , , Chaircnan, ,Pub2ic Works� Committee. . � xc,om.716, c�ty ��1 . St. Paui, Minnesota , , . _ , Degr Coc�n�cilwoigan �tler t , ` , The City Gouncil.today referrtd to the Fub�l�.c Warke Coromi�ttee " � . for consideration a report of the Public,Works De�artment on a . petition'submitted by CyntY��a A. Urman at 236'T Year�l Street, - . requestin� that her private house sewer conneetion be taken , � � 'over as a public sewe.;. , _ " ; Very tnuly yours, ' _ , � , Rose Mix _ , _ , � . ,' ` '- � City Clerk . . _ � ABO;la ec! Public i�orhs bepartme�t � - '•c . ' , � . . , . . ' � , . ' ;- � � � . " � z �. � . , . . , , . . � ,. . OAICES �t M I��ER ����� Attorneys at Law Park Square Court JUDITH L.OAKES 400 Sibley Street LINDA A.MILLER Saint Paul, Minnesota 55101 Telephone: 612-227-0804 April 3, 1979 Rose Mix, City Clerk 386 City Hall St. Paul, Minnesota 55102 Dear Ms. Mix: Enclosed for your attention please find the Petition of Cynthia A. Urman, 2367 Pearl Street, St. Paul, Minnesota, seeking sewer maintenance. Because my client's circumstances are some- what unusual, I ari uncertain as to where the authority to provide the requested relief lies. I have therefore forwarded the Petition also to the attention of Donald Nygaard, Director of Public Works and to the City Attorney, Suzanne Flinsch. I would be most happy to provide you with any additional necessary information. If I am improperly directing the Petition, I would appreciate your advising me as to where the Petition should properly be directed. Thank you for your cooperation in this regard. Very truly yours, , �--� C��k� Judith L. Oakes JLO:mn Enc. 6� � � � 1_� � t�:,�' `�„/�y D' ' ' � ' � � . • r ��:�rl2�:tolu TOs CITY COUNCIL, CITY OF ST. PAUL, and the DEPARTMENT OF PUBLIC WORKS. Petitioner, for her Petition seeking that the City of St. Paul, Department of Public Works maintains the sewer lines run- ning under Pearl Street from the manhole in front of 2367 Pearl to Bayless A�enue, hereby states that: 1. Petitioner Cynthia A. Urman is the owner of real prop- erty located at 2367 Pearl Street, St. Paul, Ramsey County, Minnesota, and legally described as follows: That part of Lots Fourteen (14) and Fifteen (15) , Bloek Sixty-five (65) , St. Anthony Park, an Addition to City of St. Paul, described as follows: Cammen.c- ing at Southeast corner of Lot 15; then Westerly along the Northerly line of Pearl Street Sixty (60) feet; thence Northerly to a point on the Northerly corner of said Lot 14; thence Easterly to the . Northeast corner of said Lot 14; thence Southerly along the Westerly line of the alley in said Block to the place of beginning, according to the recorded : plat thereof on file and of record in the office ot the Register of Deeds in and for said County and State. 2. Petitioner and William F. Urman purchased said property on August 4, 1972 from Elaine M. Mikutowski, James J. Mikutowski, Gordon R. Hultman, Ardella Hultman, Eldon Hultman, Betty Hultman, Lorraine U. Anderson, Willis 1�,nderson, Morris Hultman, Beverly Hultman and Sally Hultman. 3. $ally Hultman and her deceased husband John Hultman, who purchased such property in 1941, had previously owned said property in joint tenan�y from that date until October l, 1970, when they deed.ed the property tq their children, Elaine M. Mikutowski, Gordon R. Hultman, Eldon S. Hultman, Lorraine V. Anderson and Morris Hultman, reserving a life estate for the life of the last survivor. 4. Petitioner was awarded sole ownership of said property pursuant to the Judgment and Decree entered in In Re the Marriage of Cynthia A. Urman and William F. Urman, Ramsey County District Court Fi].e #414584, dated August 25, 1975. . � ' � ��. ��� ur auu u� ��,ul i. :� .�.�, .i..� ; 1 , .�aw �eway e baekecl up into the basement of petitioner's home. Petitioner reported the back-up to the Sewer Maintenance Division of the Public Works and asked for re- pair service. 6. At that time, petitioner was advised that her home was connected to the City sewer at Bayless Avenue, rather than on Pearl Street, and that she owned approximately 3S0 feet of sewer line pass- ing under Pear1 Street from the manhole on Pearl Street in front of her home to Bayless Avenue jointly with her neighbors, who reside at 2379 Pearl Street. The Sewer Maintenance Division accordingly refused to provide any repair except at petitioner's expense. 7. IJo ownership by petitioner of any interest in such sewer line appears of record in the office of the Ramsey County Recorder, nor was any ownership interest deeded to her at the time the property was purchased, as indicated on the Warranty Deed a copy of which is attach- ed hereto and incorporated herein as Exhibit A. 8. When the Sewer Maintenance Division refused repairs, pet- itioner contracted with Flush, Professional Drain and Sewer Services, Inc. to repair the sewer, since the home was not habitable with the raw sewage in the basement. Flush pumped out the basement, and spent ten hours over three days attempting to clear the obstruction, at a cost to petitioner of $482. 00, as indicated on the statement a copy of which is attached hereto and incorporated herein as Exhibit B. 9. F].ush was unable to clear the obstruction and its agents and employees advised petitioner that the line was collapsed or frozen. Petitioner, wit� the agents and employees, observed what appears to be a. collapsed pipe emerging from Pearl Street at the manhole on Bayless Avenue. 10. Sewage has not yet begun to back into petitioner' s base- ment, but she believes that it wi11 be only a matter of time until the sewer li�e is again filled with sewage and seepage into the basement begins again. - 2 - � , . . 11. Petitioner, through her attorney, has accertained that the sewer line from the manhole in Pearl to the manhole in Bayless was built in 1915 pursuant to Permit No. A28528 by C.W. .Ghase, at his expense. No sewer assessment has ever been l�vied against the pro- perty. 12. In 1916, C.W. Chase obtained Permit No. A29152 to con- struct a sewer from the premises at 2379 Pearl to the manhole in Pearl, thereby connecting that property to the sewer line running underneath Pearl Street at the expense of Mr. Chase. 13. Petitioner has paid water and sewer charges at the same rate paid by other homeowners in the City of St. Paul since she purchased said property. 14. By Council Resolution, File No. 268302, adopted Decem- ber 21, 1976, �he St. Paul City Council adopted a local public im- provements special assessment policy for the City of St. Pau1 which provides that reconstruction of local public improvements, including sanitary sewers, shall be done without assessment to the property owner. 1 5. Since the sewer running under Pearl Street has already been constructed at the expense of the benefitting properties, assess- ing petitioner for the cost of maintenance would violate such public policy. 16. Furthermore, since petitioner has paid her full and fair share of sewer use charges, equity requires that the Public Works Department of �he City of St. Paul assume responsibi].ity for mainten- ance of the sewer running under Pearl Street. WHEREFORE, petitioner requests that the City Council direct the Public Works Department to: 1.. Promptly evaluate the sanitary sewer line running under -3- . � � ' � ' . Pearl 5treet from the manhole in front of 2367 Pear1 Street to the main sewer line on Bayless Street to determine the necessary main- tenance and to perform all needed maintenance. 2. Acknowledge that the City of St. Paul is the true owner of the sewer line running under Pearl Street from the manhole in front ot 2367 Pearl Street to the main sewer line on Bayless Street. . • L._.C�i' ir� �. ���r���y�. Cy�ithia Urman STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) Cynthia A. Urman, being first duly sworn, on oath, deposes and says: That she is the petitioner herein; that she has read the foregoing Petition and J�nows the contents thereof, and that, the same is true of her own knowledge execpt as is therein stated on information and belief and as to such matters, she believes them to be true. . 6 _ C thia A. Urman Subscribed and sworn to before me on this � day of April, 1979. 1 r---, �c�kVes� ` Notary Public xa�n��,r.��i�,�.�.s�aa,�:��ra��a.n�,���,��a����( : :e;i�::::;. JIJDI7H L. OAKES � �: "`='.-",,:_";: fJOTARY PU6UC•�41��lfJESOTA � � � '�J=�f NENN�PIN COUNTY � � •�• Ny Commission Expires Feb.4,1981 s+�, y(�7'n'y'�G'G�'dV�9�G��G�WW'GG��'�/N/�'/b'�'tl"�5�i -4- r • • � ^ . . � /'.l l'U-�—�./ �- �.,,. ` _ .. . . . a . .. _ i i • � i . j � I . . � ' WARRANTY DEED � � . �.,r� � , � . i � `�y) f��-� THIS INDENTURE, Made this �l-'•� day of August, 1972, h�'�L � e� between Elaine M. Mikutowski and James J. Mikutowski, husband and wife; Gordon R. Hultman and Ardella Hultman, husband and DEED TAX �„�lf@; Eldon S. Hultman and Betty Hultman, husband and wife; ,�,.�_, ::._� ���^��i Lorraine V. Anderson and Willis Anderson, husband and wife; �a ,• `_�,' "'�''szo.ao Morris Hultman and Beverly Hultman, husband and wife; and o��as�x Sally Hultman, a widow, all of the County of Ramsey, State of ,-, , ;.. -;� (" « P�iinnesota, Parties of the First Part, and William F. Urmari and � \' __��';�:: -.:.} � �o.00 Cynthia A. Urman, husband and wife, o the Cou,nty of Ramsey, State of Minnesota, Parties of th c nd Part, DF[D TAX .,, � r��i,.;; I T H � �:,.i�_��; ,_. , .,,, � , , sa.ao That the sa ' Par i � f First Part, in consideration of the sum af 0 olla Z$ .00) and other good and valuable ' consideration, to t e in hand paid by the said Parties of the DEED TAX /'=`=° Second Part, the receipt whereof is hereby acknowledged, do �;��, ���;��� ��„ hereby Grant, Bargain, Sell and Convey unto the said Parties r�;� ' `�J�'�°""° of the Second Part�as joint tenants and not as tenants in com- �, �'r'�� mon, their assigns, the survivor of said parties, and the heirs �-�.- `"._� -•-- �� and assigns of the survivor, Forever, all the tract or parcel .��Z ,,,1 • � .�� of land lying and being in the County of Ramsey and State of ..,, `;� C.`-;� Minnesota, described as follows, to-wit: � �_ '�`•! � �� That part of Lots Fourteen (14) and rifteen (15) , �n � B1ock Sixty-five (65) , 5t. �nthony Park, an ndcliL-ion . w�� ���"""""`--•�""�� to City of St. Paul, described as follows : Commencing ��' ' ' � at Southeast corner of Lot 15; then Westerly along tYie � " '�= C7 �'' � Northerly line of Pe<-�r1 St.r.eet Six�y (60) f.er..�; thcr►ca ,• �.� , .� � �': ;.; `.; �- ;��r�.? � NorL-}ierly to a poini: oil tYie Nor L-llc�r_].y ].inc o E L'ot ].4 , ►I�:�;a!: `.; �^:, ':. '.; , r rifty (50) feet Westerly of Northe�-�st corn�.r of �aid ���':,; �_;� ,. r' �;-? � Lot 14; thence Easterly to the Northeast corner of �� `�� � 'i� " thence Southerly along the Westerly line ��� � i n -� � � said Lot 14; iR � 3, ;� 7 -' . of the alley in said Block to the place of beginning, ��� = '•�i r� � v according to the recorded plat thereof on file and of � z '; =;�' r� z�corc� a�n tl�� offic� of the R�;g�.stez of Deeds in and � 'a `� �or �s�id County end State, �►�..- -�-�----�..�..,... .! 3 -. -- - ,-_ - , - 3 o F ,.. �-. r, -: � .,�, ^- � ��x hereon due $ �' y�' . .. . I,JCCJ t0 I��{1�.1� r, � t � l , '�. • � � � � .."�J�7 i�r, .'I�1 . , ;i� .i„1: �. i � . . . . . � 1' })111tl.�. i y�l I'�. �Y�.111����.. .��i�� '. :J', . . � , � 1. 1 (1 / f� ;l r n n .� . � � ' � ' . � � . , . ; TO HAVE AND TO HOLD THE SAME, together with all the heredi- taments and appurtenances thereunto belonging or in anywise appertaining, to the said Parties of the Second Part, their assigns, the survivor of said parties, and the heirs and as- signs of the survivor, Forever, the said parties of �he Second Part taking as joint tenants and not as tenants in common. � And the said Elaine Mikutowski and James J. Mikutowski; �i � Gordon R. Hultman and Ardella Hultman; Eldon S. Hultn�an and �� �.� _� � Betty Hultman; Lorraine V. Anderson and Willis Anderson; ;'`'J `� Morris Hultman and Beverly Hultman; and Sally Hul.tman, Parties ,.�� p of the First Part, for themselves, their heirs, executors and n m administrators do covenant with the said Parties of the Second Part, their assigns, the survivor of said parties, and the heirs and assigns of the survi r, that they are well seized in fee of the lands and remi aforesaid and have good right to sell and conve��th� �hi i_�� i , ��r1- �nc.7 fr�i�tn e+fr�r.r�:a��ir�, nii��l ��I1�1�- � ,IN ��IIN �{41�;� 1�4 F�►; 1�'{ ���;11 K I ( F�lIF:1�{II�aE u11E.:E.;:9 . \` \. � And h abov l�'a gained and granted lands and premises, in quiet an ceable possession of the said parties of the Second Part, their assigns, the survivor of said parties, and the heirs a�d �ssigns di the gtt2-it.i_�tr1�-� �.�. ��{ ��a{� n 1.1_ X+r-�r�r+�i� lawfully claiming or to claim the whole or any part thereof, subject to enGUmbrances, if any, hereinbefore mentioned, the said Parties of the First Part will Warrant and Defend. IN TESTIMONY WH�REOF, the said Parties of the First Part it.�v� 1tr- a•r�u�i�i-� ��1; i�liei_i, 1»»c1�a t.l�c� �Ir�y �i�c7 y��rr 1'i_�-�t� abhv� 11'4� 41•1-Htilt .III �r.r:7f�nC� b�,; /� / � j - _. <<.4... ,r;4��.,' 1 ��; 'j �(v,t..1.c .� ��i�i� ��:�i..(..�(',�(.-(�l�l,U�lCt Elaine M. Mikutowski � a.. -2- . , , . � '1 � < • � • . .�1 � /�' � . . � � � , ��� � . . /, '' �J � ` w �. . ----�� �-� ,�;:.�:�--:� - � � , Z. .�,�--�, > � G�i��Gt� � �-C•- � � � �� - James . Mikutowslc� �. .� ` •� �.. . _ � ,,� -, �,� � ;�`GG- „ ✓.._..L, �a y'��%.�, f .�._ ;'' .sGr'� Gordon R. Hultman � � ,G�` I `��, .-c.L�-�G�-s—r�-"�a-+, �,,� ,/L.i�_. �.. � Ardella Hultman � Us.w.f /�* �.�.---� + .. .. � . . •�� y/ t (., l�^,"""1''t, � �C`� 1�.�1.1.'".,1/YY1.CA,..'y`, 5,x � Eldon S. Hultman n_ i �,.'� .�^ ^ �/ ... . . _,/�` ,����� �/p ' . C.,..� ll�;L�� �� / t �Ya �- ...c,. ��`i �� Bettyt% Hultman � / � / �� , i m i'; 1,/�� � Yi.t.d,<:✓ i aine V. Anderson � � i � � �;, - c� ` �'..L-�� ., Wi 1 ' s Anderson ; , r 1�,• �,.�;:;;,. ; � .`/ �"_.�.,�= "' .., : < �� t. e. .. _ / A4orris Hul�man , . , � � /� _. , .� , � � � ; C � �� ��s � �- �, f; - - ':...�,,.�:.�� � Beverly/Hultman c . . �,.. r�� , �' _ ) c�i' ��., " Sally H ltman � STAT� OF MINN�SOTA) ) SS COUNTY OF RAM5EY ) On this �f���/ day of August, 1.972, vef:ore me, a Ylotary , public, p�rsonal.ly appeared Elai.r�e M. Mikutowski a,nd Jamr-.s J. Mx.kutow�ki, husband and wifc; Cyor.dca� R. TIu1.�.man �anc'l nrdc:�]•1.a iiu��ri��an, huabanc� anc� wi��; ];lc�c�ix S. It�a].trna�z r�nc:� 11cwt;�.y Ilti:l,t�rn�an, � ' � � _3_ , y + ' � . � ., . : , . . ,.. � . . . . . . . . : I . . . hu:�k>��nd and wife; Lorrain� V. Anderson and Willis Anderson, husband and wife; I�iorris I�3ultman and B�verly Hultman, husband and wife; and Sally Hultman, a widow, to me known to be the persons described in a,d who executed the foregoing instrument, an�� asknowledged that they executed the same as their free act ��nd decd. . � � � �,.�._ �. �,/ �\,� � - _-- . ,,,. /� ,,�i%�; ���.���:.�����' . �����..;, . �=� � � - ` �,,... � � ... , ���.�`,i'�' . RICHAf2D E, A E,T '`<� - j� , , C� , Notary Public, Ramsey 9County, Minn.`� '��' ' �� � ' • M Commissfon Ex . ' _ �.�.f Y Plres Jan.6, 1974. !: ~ . ` - L ��-,t. - �.,..� . +:`�:�� r: . '4 C'`J �,�.��t� .�.�, ,:' , ':t3 � �, ,. � ° This instrumeflt was drafted by: I�ichard E. Aretz � 332 Hamm Building Saint Paul, Minnesot $10 � � \ � . .� TAX STATEMENT$ FOR THE REAL PROPERTY DESC<I�ED IN� IS INS i� ENT SHOULD BE SENT T0: NAME � � ADpRESS , -4- , , � • , , , . �` W� �" � �� � � , .._,: : �,i + ; `�' \ � '�' \ ' `}- - ' � �"�.�', � c3o 1'��°- p c�p � O � �a"� ., � �C�', � � ��, n u �\ ��� � � � � �0 O �'�>� c "i.� _' . +,. C; CL � C'' �� rh � - � � r. \\`C p �G 3' n' � � � � O � .+ (D � O � � v � � ��� 7p �."L7 i � .* .'O � � � � � '�. �p �cU c� f� ,.,. CD . 0�^ �� � O S ? C1Q D � � �-•�.`.i .J �' p� a. � �n � � �y .��� -�:ti « � � �'` i\ a: I \�� � � � N G.� � c o `� \� � f ?: � ,� rt '^ {`�1� �•• N 7 :�..` r�C1 � �� � Q , � r - `� � ��FU O ' ` n) �: -�, \ C C.�� � � � m ;•-" �.'p' � � � o, �, � � tn -, m . . � �� �, y� n. �±_c �� , � � �� � � � � :y T� v c y�' N :�'W°� --�� } (',�''w '"r :' -. v�� � � . � ,p ...���� � . . . . ' .�r . � � �'� , ��✓ �,.�' �r • --�, '�� . \ ' ' �+. ., . , . :�'� � �1 . ,� . . - /�� � r � J\� � � ,� i/.-,r� � t� `� _.� �yr`'" i __ . ... . .. ... . ..... ., , .,_ , . � :. . . _ , � ; ,, 4 • ' . � �_�!�?� ,�' � ' S�w� i a [[���'/{ � V.�'`, . �vu��rH: 5��-s��y , � �i ' � '� ��� �r,.r"° � � " " � . .., ._.. .. � . � � � � . . . ' . . . � . � � SOUTH: 338-7611 ,, � N �.�. �,,�i �^,- '� � '� , � • ,, �. ��,,, ; ;�" ! EAST: 571-7800 �� � ����� .�.� �''�..�����"'N.�.;�' �,.., .� �� ' � � �'�'� ,�!° ' PROFESSIONAL DR�IN & SEWER SERVICES;'INC.I � �I r WEST: 537-1132 . �,�,����,; Main Office: 6115 - 36th Avenue North, Mpis. 55422 �� � �"�;:����e�c�a � _ . N 1_,-' ; ,..";� ;� � '°'''� .;' � PROMPT, QUALITY SERVICE , ,,: -,, •'� , AGREEMENT ,, ,� ,: �� - - DATE �,�� . ..+r, ..f; 19 ' , _ " � ,�. . In consideration of the promise of Flush Drain&Sewer Cleaning Co., hereinafter called';the Company" to: . . , . . . •V . . . ' ❑ Ciean . � feet of ' inch main sewer from inside ihe buiiding on customer's premises to the (Leng[hJ. (Dia.) ...._ . main city sewer. . , , ❑ Clean feet of inch inside line (LengthJ (Dia.J (TypeofLinel ' ❑ Clean Describe othe�lines o�fixtures to be cleaned ❑ Clean �ten9rnl feet of� inch line from inside the building on customer's premises to ' (Dia.l � on customer's premises servicing the premises at- (✓ob Address) � which under normal conditions will take up to: hours. In the event additional time is needed to properly clean this line, because of unusual or abnormal conditions of the line,a charge of$ ~~per hour, per man after ' ' hours on the job will be added. , � :.•� <<'- Main Lines to � Feet: 'J ' OTH�R LINES Additional Footage: � �� .� , e---% ;' .�� ,` �' .._. �._ ��! � r � , r � i AdditionalTime: '�, ""' ' � " .� , . . Parts Installed: ' Tax � � , Other � `; � �� � ,� Tota I: � In accordance with the Conditions'$et forth on the reverse side hereof and above, the undersigned agrees to pay the � � sum of $ • �f .. ,y( tpay�able as foliows: � � ` � ... � 1,- � ; i, ! � ,, �' , ' � � ' Special TerPns: -''. , , •� �%` ` � ' � � � , �r , 1 , . ACCEPTED BY: By Authorized Representative Customer's Signa[u�e I :r�' ' � . � 'r�. . . .. ';� . � ' ,� , , . ,� _. , .. ' . � . . . .. `,t ,. �:�, , ',... Print Name , , . , . . , . �, � �'. .� � ... , �. . Billiny Address Zip ,, , ' , � : "� t '�i; , . . . ' ' r' � / . � , J. , ,. , . '� Owner's Tel. Ten:�nt's Tel. ❑NO. 1 GUARANTEE, 5 YEARS — 1st 2 years 100%, 3rd year 50%, 4th year 25°�, 5th year 10%. ❑ NO. Z GUARANTEE, 5 YEARS — lst 4 months 100%, 8 months 50%,, 12 rnonths ?53�, next 4 years 10^.;,. Commercial or Industrial Waste lines, lines through which Garbage Disposal Wastes are discharged, or toilet Uowl cleaning are not guaranteed. 5% per month fate charge "' ' � ' (The reverse side is a part hereofl � ; � . � �� fi^ z-�� �� � '� .�.R„u __. � C`TY °�°��� � CITY OF SAINT PAUL R�� '��` DEPARTMENT OF PUBLIC WORKS '4 � 2G �o .�"� "�: � i� II611NEl,11 C`� `�,� ^� DONALD E. NYGAARD, DIRECTOR ''`''„;R„�e°', � ` 234 City Hall,Saint Paul,Minnesota 55102 �c°� GEORGE LATIMER 612-298-4241 MAYOR � +� � 0 �. O a � � � p � a a�,�' � m � � � � � � —� � cu � � m � Qo • � n � � � _ � 3 � : r —• o a � � � m � � . � 0 I � � the Department of Public Works a :port on a petition submitted by ting that her private house sewer ions as requested, and our staff will further information at either a full Council . cnwn � rt ao N•o ' � rttn ro �`�c m a �- � � ��cm�� � ax �• � � � � � � 0 rt a ��� �� � � � /" � � �cnk � �� � �� . I :„ � , . � �` ��~�-�� \ ��y � ���.('}� . � �O • J . . �;i �� '3 . ` �. � � � � / 1 � REPORT ON PETITION OF CYNTHIA A. URMAN, 2367 PEARL STREET, ST. PAUL, MINNESOTA FOR THE CITY TO TAKE OVER MAINTENANCE AND/OR OWNERSHIP OF A PRIVATE SEWER CON- NECTION AS PUBLIC SEWER. The firm of Oakes and Miller, Attorneys at Law, has submitted a petition to the City of St. Paul from the above named property owner asking that sewer maintenance be performed by the City in what has served as a private sewer connection for a great many years. This report will attempt to background the various circumstances of said petition: 1 . Sewer History The trunk sewers in the vicinity of the Urman home extend down Bayless and Cromwell , since that is the way the platting for development of the blocks is laid out. This can be verified in Exhibits 5 and 6 attached. The 7' 3" diameter combined sewer in Bayless was constructed in 1908-09, as noted in Exhibit l , and there has been no sewer constructed up Pearl Street, nor does one show on our public sewer records. 2. House Sewer Connection History Even though Lots 14 and 15 were platted similar to the adjacent lots to front upon Cromwell , for whatever reason, the owner of those two lots decided to develop them by splitting them into three lots facing upon Pearl Street, as can be noted in Exhibit 6. House number 2367 was built in 1915 and connected to the public sewer in Bayless, as documented in Exhibit 2. This was a 6" line running down Pearl Street to the 7' 3" main sewer in Bayless. The same owner-developer later connected house number 2379 to the previously built private sewer connection in 1916, as documented in Exhibit 3• Thts was done using 4" diameter pipe. There are no public sewer mains in St. Paul of less than 8" diameter, because of extreme maintenance difficulties in dealing with such small diameter pipe. In 1964, the property owner at 2379 retained a Licensed Sewer Contractor to dig up and replace a 65' length of this 4" private connection with 6" diameter pipe after experiencing severe problems in its functioning. This is documented in Exhibit 4. 3. Quarterly Sewer Treatment Charges The so-called sewer treatment charges which are billed as an attachment upon the water bills are for purposes of payment to the Metropolitan Waste Control Commission for sewage treatment costs at the Metro Plant and also for maintenance for the main line conveyance sewers only (not private connections) and have to be paid regardless of the discharge point into the public sewer. Therefore, payment of such charges are irrelevant as to whether the particular portion of sewer in question is or is not a public sewer. . . .. -2- 4. Assessment Policies It has historically been City policy that private sewer connections ex- tending to the public sewer from business, industry or private homes, are built and maintained by the private owner and user. Private contractors, under license and bond to the City, perform the construction and maintenance of these connections. Were the City to perform this function, it would require different equipment than now possessed by the City, considerably more Maintenance personnel and larger sewer maintenance budgets. This is easily recognizable in view of the stated near $500 cost already expended on the one connection in question, plus future repairs needed to guarantee its satisfactory operation. The so-called assessment policy of the City of St. Paul relates to up blic used lmprovements, such as streets, alleys and walks, and not to private use facilities such as sewer connections. 5. Recommendations To our knowledge, there is no record of ownership of sewer connections ever provided in relationship to land transfer documents or deeds, and the sewer connection is an integral part of the land and/or property being conveyed. Also, every main sewer in the City is built in the middle of public streets or easements, and therefore, all sewer connec- tions must be constructed within public right-of-way, and this facet alone is not a criteria of ownership. This connection was originally built in 1915 as a private connection, and it has functioned as a private connection for 65 years, including mainten- ance in 1964 by the property owner immediately adjacent at 2379• Since the construction was of 6" diameter pipe with the extended connection being 4" diameter pipe, for which sizes the City is unequipped to main- tain (sewers less than 8" in diameter) , not to mention the impact in terms of personnel and budget, to now accept this as a public sewer, it is our recommendation that this connection continue to be considered a private house drain connection and that its maintenance responsibilities continue to be with the property owner, as are all similar connections in the City.