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271910 WHITE — CITV GLERK COUIICII ����p���� PINK — FINANCE GITY OF SAINT PAiTL CANARV — DEPARTMENT BLUE - — MAVOR File NO• RE��RN h�'SBPY TO Vi�,TAT ION BU.REAU . . C uncil Reso�ution e Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the Council of the City of Saint Paul, by Resolution, Council File No. 153227, approved August 2, 1950, did vacate the following described public alley: The north-and-south alley adjoining Lots 31 to 39 , Block 1, Hayden Heights, and also that part of the east-and-west alley in said block lying Westerly of the Easterly 30 feet of Lots 30 and 40 in said . block, said vacation reserving to the City of Saint Paul and other public instrumentalities the public utility easements contained therein and thereon; and .•� � WHEREAS, �the Council of the City of Saint Paul, by Resolution, Council Fi1� No. 174971, approved September 13, 1955, did vacate the following described public alley: The north and south alley adjoining �,ots 29 and 41 in Block l, Hayden Heights, and that paxt of the east and west alley lying easterly of said north and south a11ey and westerly of the west line of the easterly 29 feet of Lots 27 and 43 in said Block, said vacation reserving to the City of Saint Paul and other public instrumentalities the public utility easements contained therein and thereon; and WHEREAS, tYie Council has been requested to waive certain retained easements, and the affected City departments, Northern States Power Company and Northwestern Bell Telephone Company have filed written � COUNCILMEN Yeas Nays Requested by Department of: Butler FIlV�4NCE & MANAC� SERVICES Hozza [n Favor � � Hunt � `"` Levine __ Against BY D��� Roedler Sylvester Tedesco Form A roved by City Attorney Adopted by Council: Date — , � / • Certified Passed by Council Secretary B � B� t Appro��ed by ;4layor: Date App v d by Mayor for Subm' o C ncil By BY WHITE - C�TV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council ��'`��_�� GANARV - DEPARTMENT File NO. LUE - MAVOR �� �� , I l+Y1171T rtY\ t/�/r 1 1V Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- certificates of intended non-use of reserved rights and easements, Northern States Power Company having provided that its existing gas and electric distribution facilities be allowed to remain in their present locations until no longer needed, and Northwestern Bell Telephone Company having provided that its existing underground telephone facilities be allowed to remain in their present locations until no longer needed, which certificates are on file in the Office of the City Attorney; and WHEREAS, all of the terms, requirements , covenants, and conditions contained in the Resolutions , Council File Nos. 153227, 174971 and 216004 have been completely satisfied; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul, pursuant to Section 228.06 of the Saint Paul Legislative Code, as amended, does hereby waive the retained easements contained in Resolutions , Council File No. 174971, approved September 13, 1955, and Council File No. 153227, approved August 2, 1950, in the following described property: The north and south alley adjoining Lots 29 and 41 in Block 1, Hayden Heights, and that part of the east and west alley lying easterly of said north and south alley and westerly of the west line of the easterly 29 feet of Lots 27 and 43 in said Block, an d The north-and-south alley adjoining Lots 31 to 39 , Block 1, Hayden Heights, and also that part of the east-and-west alley in said block lying westerly of the Easterly 30 feet of Lots 30 and 40 in said block, and COUNCILMEN Requested by Department of: Yeas Nays Butler Hozza [n Favor Hunt L.evine _ __ Against BY Maddox Showalter Tedesco Form ov d by Cit ttorn Adopted by Council: Date / • ` �c[�GC..� Certified Passed by Council Secretary BY � By � tlpproved by il4avor: Date _ App d y Mayor for Sub 'ss o to ouncil BY - – — BY WHITE - CITV CLERK � !� � �. PINK - FINANCE COUIICII � � °"� 4� CANqR ' - DEPARTMENT GITY OF SAINT PAUL � 0L'UE ���`MAYOR File �O. � °°� � `�"'�� �" Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -3- BE IT FURTHER RESOLVED, that the above mentioned waiver of said easements is for the City of Saint Paul and for those persons for whom the City has reserved easements in said vacated property for the installation, maintenance and operation of any sewer, water, gas, or electrical main, pipe or conduit of public instrumentality, provided, however, that as to said vacated properties that existing Northern States Power Company gas and electrical distribution facilities are allowed to remain in their present locations, until no longer needed, and, that existing Northwestern Bell Telephone Company underground telephone facilities are allowed to remain in their present locations until no longer needed; and BE IT FURTHER RESOLVED, that all of the terms, requirements, covenants and conditions contained in Council File Nos . 153227, 174971 and 216004 have been fully complied with and satisfied. COUNCILMEN Requested by Department of: Yeas Nays HoZIZa In Favor F Hunt B DIRECTOR Levine _ � __ Against Maddox Showalter - Adopted ouncil: Date � � � 1978 Form d by�Attorn y . B � t� �� Cer ied Pas y Cou .il Secrttary � 8 � t�pproved by iVlavor: Date Ap r ved by Mayor for S i ion to Council By � _ BY QUBL4SHED 0 CT Z 1 t9� � ~ • .�^A � � � r , • • . � . . TI� HONORABLE MAYOR AND �ERS ������� OF THE COUNCIL OF TIiL CERTIFICATE OF CITY OF SAINT PAUL INTENDED NON-USE The undersigned hereby certify that they do not intend to exercise their utility easement rights in the follorring described realty: The North ancl South alley adjoining Lots 29 and 41 in Block 1, Hayden Heights, and that part of the East and West alley lying Easterly of said North and South alley and Westerly of the West line of the Easterly 29 feet of Lots 27 and 43 in said Block, Ramsey County, Minnesota Provided that existing NSP Company gas and electric distribution facilities are allowed to remain in their present locations, until no longer needed. Dsted )vLy �� , 19 78. irector of ic ks City of Sa.int aul :/ � �� i / ��5��General Manager, Wat Department City of Saint Paul , Northern States Power Compa.ny gy (SEAL) North�,restern Bell Telephone Company By (SEAL) � 6-, s} - � , • �'��.��� 4 ' , T!� HONORABLE MAYOR AND I�MBERS OF THE COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTENDED NON-USE The undersigned hereby certify that they do not intend to exercise their utility easement rights in the following described realty; The North and South alley adjoining Lots 29 and 41 in Block 1, Hayden Heights, and that part of the East and West alley lying Easterly of said North and South alley and Westefly of the West line of the Easterly 29 feet of Lots 27 and 43 in said Block, Ramsey County, Minnesota Provided that existing NSP Company gas and electric distribution facilities are allowed to remain in their present locations, until no longer needed. Provided that existing Northwestern Beil underground telephone facilities are allowed to remain in their present location, until no longer needed. Dated _„)vL'� �� , 19 78. , �2Director of P�li ic ks City of Sa.int aul ; � , 1���I =�-�����, � ���`�General Manager; Water Depaxtment City of Saint Paul �' Northern States Power Compa� By (SEAL) Northwestern Bell Telephone Company .� $Y �5�� "�► �,, ,/" • , � � � STATE OF MINLVESOTA ) ) ss. COUNTY OF RAMSEY � ) On this � day of . 19 , before me, a notary public within anc3 for said County, personally appeared to tae : personally known, who, beinq b� me �uiy ar,zorn, did say that -'� he is the ' of NORTH£RN STATES POWER COMPAlv"Y, a corporatiqn, named in the foregoing instrument, and that the seal affixed to said instrument is the corporate . seal �f said corporation, and that said instrument was signed and sealed in behalf of said corporation by� authority of its Hoard of Directors and said acknowledged said instrument �o be the free act and deed of said corporation. Notary Public, Rams$y County, Minn. My c�mntission expirea __„_ _� STATE OF MINNES�TA ) ) ss. : CouN� oF �s�t ) On this � day of � i9 7� , before ms, a notary public within and or aid County, personally appeared � � E- L vG�� __ to me personally known, who being by me duly sworn, d3d say that he is the ��S 7`R/C T �N6iNE��- of 1�ORi�iWESTERN BELL T`ELEPHONE CONIPRL�IY, a corporation, namsd in the foregoing instrument, and that tha seal affix�d to said instrumenL is the corporaice s�al of said co�aoration, ari� �hat said ins�rum�nt was signed and sealed in behal€ of said corporati4n by authority of its Board of Directors and said .DisT.Q�cT �^'� '^����- acknowledged said instrument to bs the free act and deer� of said corporation. '� � _ -__ � Notary Public, Ramsey County, Minn. My commission expires '�- `z �-d� ____..__.___. il1A�GAR�T NUTZMANN No*zr�� 'r'ub!ic, Ramsey County 1�Ainn. (� .,,,._ . r���,, ?4, ?.982 y ,�:�-,r^s 2 r .'�'-�`'' - . - � � ��'���� THE HONORABLE MAYOR A1�ID MEMBERS OF THE COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTENDED NON-USE The undersigned hereby certif�r that they do not intend to exercise their utility easement rights in the follawing described. realty: The North and South alley adjoining Lots 29 and 41 in � Block 1, Hayden Heights, and that part of the East and ;� West alley lying Easterly of said North and South alley and Weste�'ly of the West line of the Easterly 29 feet of Lots 27 and 43 in said Block, Ramsey County, Minnesota Provided that existing IvSP Company gas and electric distribution facilities are allowe3 to remain in their prese�t locations, until no longer needed. � Dated � )vL� �S , 19 78. . , ,2Director of ic ks City of Saint aul y a'✓ , , ,��� �C��� �1 ,�5`�General Manager; Water Department City of Saint Pa.u1 �'� Northern States Power Compa�y � . gy�,, ,�„1 (SEAL} Northwestern Bell Telephone Co�pany `. By (SEAL) , � ,'.� _ � � � �r . � ' . �i��,.��� STATE OF MINNESOTA ) ) ss- COUNTY OF RAMSEY ) On this �� day of �, . 19�, before me, a �°t�ar�pu li within and f said County, personally appeared W. �'• to me personally own, w being b� me c�uly sworn, did say that -' he is the of L�TORTHERN STATES POWER CON,.PAi�TY, a corporation, name in the foregoing instrument, and that the seal affixed to said instrument is the �orporate seal of said corporation, and that said instrsunent was signed and sealed in behalf of said orpo�ati n b - authority o� its Hoard of Directors and said �' " acknowledged said instrument �co be the fzee act and deed af said corporation. � \ . Not r,��, �1�O��tv6G�t��y. l��nn. �� NOTARY PUBLIC-bNNN&SOTA My �m�E�� � .....�.— STATE OF NiINNESOTA ) ) ss. COUNTY OF RA1tiiSEY ) On this � day of , 19 , before me, a notary public within and for said County, per ally appeared to me personall.y known, i�ho being by me duly sworn, did say that he is the of 1�ORtHWESTEFtN BELL TELEPHONE CONiPANY, a corporation, nzm�d in the foregoing ins�rument, and t�at tha seal affix�d to said in�trument is th�: �orpora�ce seal of said coraoration, an� �ha'c said ins�ru�n�nt iaas �igned and sealed in behalf oi said corporat=�n by authority of its Board of Directors and said acknowledged said instrum�n� to b� t:�e free act and �e�d of said corporation. � � Notary Public, Ramsey County, Minn. b1y eoccunission expires_ 2 (z�s) � �fu�du¢o� auo�daTas Ttag u,za�.saa►u�..zoK ('Id�S) �g AtzBdruo� .za�od sa���.g uaau�..zoK Tn'�d �uiaS .�o ���� �.ua��.�Ba�Q sa���l `.za8�u�y� Ts,zau�� � � m'�d �u�'�S �o ��T� . s�.zoM �iTQ'nd 30 .zo��a.z�Q . gL 6T ` Tz �Tnt' Pa��Q •�aTT� �saM pu�e �.s�ea pzes sso.z�� pa�npoad x�oZq pt�s uz pt� pue p£ s�.oZ ,�o �.aa.� 0� 1�T.za�.s�a au� .�o .�Z.za�.saM �u�T x�ota Pz�es uz �aZ-�� �.sar�.-pu�e-�.sea au�. �o �,xed �.�eu�. osZ� pu� �s�.�zag uap��g `Z X�oTg `6£ o� T£ s�.oZ �uzuzoCp�e IaTT'� u�nos-pu�e-u�..zou aus •x�oTg Pzes uz �t� pue Lz S��'I �o �aa� 6z �T�a�s�a au� ,�o auzT �.saM au� ,�o �Zaa�.saM pu�e �aTt�e u�.nos pue u�..zou p-c�es �o �T.za�.s�a �u�T �SaT-Ce �.saM pu�e �.s�a au�. ,�o �a�d �.eg�. pu� `s�.�zag uap�S�eg `Z ��oTg uz Zt� pu� 6Z s�.o2 �uzuzo�'p� �aZT'� u�nos pu� u�..zou aus :R�ZBa.z paqt.z��aP ��F�TTo3 aq� ui s��8�a �uaucasBa ���Tz�.n .z�aq� as�a.xaxa o�. pua�.u� �ou op �au� ��u� �i�.za� �qa.zau pau8�saapun auZ :�Sfl-u0N Q�QAI�.I,�[I 'Ifldd �IIHS .�0 1C�I� ` •t y3 •�d0 Zy�"JI�II��� �HZ 30 'II�ISl100 �IZ 30 �� �� sx�� ;:an�e xoxdw �g�ouox �s t � , o :, . � � � . d � . � . " � , _ . ` • • • . �'�����:� THE HONORABLE MAYOR AND ME�ERS � OF TI� COUNCIL OF THE CERTTFICATE OF CITY OF SAINT PAUL INTENDED NON-USE The undersigned hereby certify tha.t they do not intend to exercise vacated alleys and streets legally described as follo� their utility easement rights in the ��� 1. Public alley over the East 30 feet of Lots 30 and 40 in Block 1, Hayden Heights. 2. The East-West a71ey lying between the West line of the ,� � East 30 feet of Lots 30 and 40 and the West line of the East 29 feet of Lots 27 and 43 in Block 1, Hayden Aeights. 3. The North- and - South alley adjoining Lots 31 to 39, _ Block 1, Hayden Heights, and also that nart of the � East - and - Wesfi alley in said block Iying Westerly of the Easterly 30 feet of Lots 30 and 40 in said Block. . Dated �,� July , 19 �g• � 'rector of bl' orks City of Sai Pa �}SS �T, General Me.nage , Wat Department City of Saint Pa.u1 Northern States Power Campa.x�y By (SEAL) Northwestern Bell Telephone Company , � (SFAI,} � - .� � s' � . • • ��r����.� � THE HONORABLE MAYOR AND A�MBFgg OF THE COUNCIL OF THE CERTIFICATE 0� CITY OF SAINT PAUL INTENDED NON-USE The undersigned hereby certify tha.t they do not intend to exercise * vacated alleys and streets legally described as follo� their utility easement rights in the ��.1�#.�� 1. Public alley over the East 30 feet of Lots 30 and 40 in Block 1, Hayden Heights. 2. The East-West alley lying between the West line of the � � East 30 feet of Lots 30 and 40 and the West line of the East 29 feet of Lots 27 and 43 in Block 1, Hayden Heights. 3. The North- and - South alley adjoining Lots 31 to 39, Block 1, Hayden Heights, and also that vart of the East - and - West alley in said block lying Westerly of the Easterl.y 30 feet of Lots 30 and 40 in said Block. , Dated July ( `� � 19 78. . �Provided that existing NSP Company Gas and Electric Distribution Facilities are allowed to remain in their present locations, until Director of Publi� Works no longer needed. City of Saint paul General Me.nager, Water Department City of Saint Pau1 Northern States Power Company � BY r " _ ��` -_-____-- (SEAL) Northwestern Bell Telephone Company BY �/�� ✓����1� (s�r,) ,� � r . � • . . • �. J y + Y r A STATE OF M3NNESOTA ) } ss. COUN'I''Y OF RAMSEY . � - On this � day of � 19�, before me, a ota�pu lic ithin and r s id C�'ounty, personally appeared . 7r� to me � personally own, w , being � me c�uiy awor•n, did say that � � he is the of I�*QRTHLRN STATES POWER CON�PANY, a corporation, n d in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said inst�ument was sigr�ed and sealed in behal£ of said orp at'on �b�'• authority of its Board of Directors and said �� ,� �j�,�d�r acknowledged said instrument ico be the free a�t and deed of said carporation. �e��� No ' ��n�.�Nw�� y� Minn. My ��w���r�.� STATE OF NiINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this �� day of �`� � � ,�._„^ _,_,._„_,_, 19 l' , before me, a notary ublic within and for said County, personally appeared C' - � �c�� � to me personally known, who being by me duly sworn, did say that he is the �QA.,�,� _ f��F� of 1�'ORiHWESTERN B�LL TELEPHONE CONiPANY, a corpor tion, n ec� in the foregoing inst�ument, and that tY:� sea3 af�ix�d to sa�d instru:r.en�c is t�e cor�orate seal of said co��ooration, an� th�t said ins�rum�nt w�� s�gned and sealed in behalf o£ said corporation by authority of its Board of Directors and said � -�. ��.�� acknowledqed said instrum�ntc to b� the free act and deed of said corporation. � >� � �t� �uz� .� � �� ���� � Notary Public, Ramsey County, Minn. H1y comnzission expires �5� �?�-�� � MARGARET NUTZMANN Notary PubGc, Ramsey CounYy, Minn. z My C::m:��i�s;o,^,C;i-JIP4J P„��y 2�:, 1982 ors o�: �Z/���s . � • � � Rav. s 9/8/?6 E�LANATION OF ADM?NIST:RATTVE ORDERS, .—..RE 0 UTIONS, AND 4�NANCES—� 2�� (]�,� '� J �ECEIVED � SE�2 31978 D3ta: Segtember' 27, 1978 �� � T0; MAYC?R GEORGE LATIMER . �W� FR: J. Williaa Donovan, Va�luation & Asaeesment �ngineer, De�t. I�in�aace & M�ge�a� 3ervieee _ � (�ct. 5317) �; Va�cation of certain �se�ata in the Hil].crest Sbopping Centeir - A.& D. l�esltg Co. A�TION R£�STED: Mayor's app�aval to submit to Council. pLTRPOSE A�1D RATIONALE FOR TfiIS ACTION: � _ Wsive the retained easements. contained iu Re��olution Cauneil �'ilea #174971, apprrn►ed _ 8eptember 13, 1955 and Council File #1�3�'l, apP�� Av6�t 2, 1950 vacating �sr'ta,it� public a�ll�ys. . . ATTAC�&MENTS: . l. Ccuncil Resolution 2. Me�o to J. Wm. Donovan f'ron R. H. Zel�ing, A�sistant City Attarn�y. 3. 1 set _aY Certific�ates of Tx�te�nded Non�se 4. Area Map • _ ���.�9�� -..:,,:.. t'�. �f'� �.a xa srta"+�f f"i�ff.�,..r.,� ,.: .. � . � � �' -` �• ' CITY OF SAINT PAUL _-�'2'4`ITY oP y�'-', . . . '� .�� a;. OFFICE OF THE CITY ATTORNEY : nitie�iw t� `,�; IIFI s.3 � �� �� r�� �7 � , ,ljy� SUZANNE E. FLINSCH, CITY ATTORNEY �.5. �� � - .__.___.___._,,,��� 647 City Mall,Saint Paul,Minnesota 55102 George Latimer 612-298-5121 Mayor September 26, 1978 To: William J. Donovan ��� �� � � . From: Richard H. Zehring-��-L� � t-__,, �� // Re: Hillcrest Shopping C�en er �� A & D Realty Co. Enclosed are the complete original set of Certificates of Intended Non-Use and a final draft of the proposed Resolution for the alley vacations at the above referenced. cc: Larry Neilson �O -----� ; . . -, w . , i • j ; . _ ; : o `� - ; ; ! - � w _ # - -----`�-}_�.—� 6o L__��_it4 . .)so �_�2��_� 6c ! � 1K �:o �_ un : 60 � --- -_ �. _ . 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