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263243 WH17E�. - CITY CLERK COl1t1C11 2632�3 PINK"` - FINANCE GITY OF SAINT PAUL �✓'ANAR�V•-(j�PARTMENT File NO. BLIiE -MIAYOR - � o cil Resolution Presented By � � 4�'-d�'r'C-� Referred To Committee: Date Out of Committee By Date WHEREAS� The Council of the City of Saint Paul� by resolution� C. F. 262591, approved November 23, 1973, did vacate a part of the present right-of-way of Pierce Butler Route� said vacation reserv- ing to the City of Saint Paul and other public instrumentalities the public utility easements contained therein and thereon; and WHEREAS= The Housing and Redevelopment Authority of the City of Saint Paul ha.s requested tha.t the Council waive said retained easements, and the affected City departments, Northern States Power Company and Northwestern Bell Telephone Company ha.ve filed written certificates of intended non-use of reserved rights and easements, which certificates are attached hereto; now� therefore, be it RESOLVED, Tha.t 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 resolution, C. F. 262591, approved November 23� 1973, in the following described property: That part of the present Right of Way of Pierce Butler Route; being part of the North 70 feet of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 26, Township 29, Range 23; and part of Seminary Avenue (formerly Ireland Street) as dedicated by the recorded plat of Winter' s Addition between Northerly extensions of the East and West lines of said Southeast 1/4 of the Southeast 1/4 of Southwest 1/4; and part of Mi.lton St. as dedicated by said recorded plat of Winter' s Add. be- tween said Seminary Avenue and Hubbard Avenue; which is described as follows: Commeneing at a point on the East line of said Southeast 1/4 of Southeast 1/4 of Southwest 1/4 distant 70 feet South of the Northeast corner thereof; thence West on the South line of said North 70 feet of COUIVCILMEN Yeas Nays Requested by Department of: Hun t Konopatzki In Favor Levine Meredith Against BY Sprafka Tedesco Mme.President Butler Form Approved by Ci Atto ey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approve by Ma Subm' ' n to cil By BY WHF'C°r, - CITV CLERK PINf' - F{NANCE COII11C11 s� IBLLLEP�- MAVORTMENT GITY OF SAINT PAITL File NO. � ���t1,�4•�— � uncil Resolution Presented By Referred To Committee: Date Out of Committee By Date 2 . said Southeast 1/4 of Southeast 1/4 of Southwest 1/4 a distance of 281.50 feet to the point of beginning of the land to be described; thence Northwesterly on a curve to the right, tangent to the last described course, of radius 6�0.00 feet, central angle 21° 40' � a distance of 245.80 feet; thence Northwesterly on a line tangent to the last described curve a distance of 79 .70 feet; thence Northwesterly on a curve to the right, tangent to the last described course� of radius 650.00 feet, central angle 5° 40' 30", a distance of 64.33 feet to the intersection of said curve with a Northerly ex- tension of the West line of said Southeast 1/4 of South- east 1/4 of Southwest 1/4; thence South along said Northerly extension and said West line to the South line of said North 70 feet of said Southeast 1/4 of Southeast 1/4 of Southwest 1/4� thence East along said South line to the point of beginning; and be it FURTHER RESOLVED Tha.t the above-mentioned waiver of said easements is for the G�ity of Saint Paul and for those persons for whom the City has reserved easements in said vacated property for the installation� ma.intena.nce and operation of any sewer� water, gas or electrical ma.in� pipe or conduit of public instrumentality. COUNCILMEN Yeas gutlp„r Nays Requested by Department of: l�D[ Konopatzki .�_ In Favor Levine Meredith � Against BY �c Roedler Tedesco Mme.President� HUri't �AR 1 4 1974 Form Approved by Cit Atto ey Adopted by Council: Date Certif' ed by Co 1 S ary BY By __ i Approve y Ma r e L� Approve y M or Submission to Council By By PUBLISHEQ MAR 2 3 197� , . . , 26�2�3 . r . � CITY OF SAtNT PAUL OFFICE OF THE CITY ADMINISTRATOR FRANK D. MARZITELLI T0: Mayor Lawrence D. Cohen r--�,�� FR: Frank D. Marzitelli ��� � � RE: Waiver of retained easements contained in Resolution C.F. 262591 . � - I have reviewed the above referenced resolution and am in agreement with same. Your approval and submission to the City Council for action is recommended. FDM/ca � Attach. � City Ha�l, Saint Paul, Minnesota ss�oz . ., ---- G"' • • G E R T, I F I C A T E 0 F I N T''E" N D E D N 0 N - U S E ������ The ucidersigned h�reby certifies that it doee not intend to exercise its utility easement rights in the following deecribed realty: ?h�t part of the pr�esent Right of Way of Pierce Butler Route; being part of ttrs North 70 feeC �rf the Soueheast 1/4 of the Southeast 1/4 of the South- w�st l/4 of Secti.an 26, Township 29, Range 23; and part of Seminary Avenue ($ormerly Irelan�'t Street) as dedicated by the recorded plat of Winter's Addition between Northerly exteasions of the East and West lines of said SouthQast 1/4 ouf the Southeast 1/4 of Southwest_ 1/4; and part of Milton_ - S�t. ad dedicat�d by said recorded plat of Winter's Add. between said - -, /-. - �eminary Avenu� and Hubbard �►venue; which is described as follows: Com- �aencing at a �oint .on the East line of said Southeast 1/4 of Southeast 1/4 of Southaae�t 1/4 distant 70 feet South of the Northeast corner thereof; thence West �n the South line of said North 70 feet of said Southeast 1/4 af Southeast T/4 of Southwest 1/4 a distance of 282.50 feat to the point of beginning mf the land to be described; thence Northwesterly on a curve to the rightx tangent to the last described course, of radius 650.00 feet, - central ang2e: 21° 40' , a distance of 245.80 feet; thence Northwesterly on a line tange�t to the last described curve a distance of 79.70 feet; thence Nort��resterly on a curve to the right, rangent to' the last described course, of �adius 650.00 feet,.central angle 5° 40' 30", a distance of - 64.33 feet �r the intersection nf said curve with a Northerly extension of the West li� of said Southeast 1/4 of Southeast 1/4 of Southwest 1/4; thence Sout� along said Northeriy extension and said West line to the South line of saic� North 70 feet of said Southeast 1/4 of Southeast 1/4 of South- west 1/4, tl�rence East along said South line to the point of beginning. , � ra�ed st Sa�nt Paul, MinneROta, this ,�_ day o� , 1974. (Se+al) NORTHERN STATES POWER COI�ANY By Its ��.� ��7y�L. � . � By Its � STATE OF MINNESOTA ) . ) ss COUNTY OF ) On thi� � day of , 1974, before me appeared '9 � --' , o me peraonally �n n, w o, bein each�by me dnly sworn, did say that �Chet af� respectively the � ' ,r.� � a� `ske of NORTHERN STATES PO�WER CO1� , e cor- poration named in the foregoing instrument, and said --� acknowledged eaid instrument t be the free act aAd deed of the corporation. <Seal) , . DON D �. KILCn��t. _otery i'ublic, Dekoh ���un!y, M3�+R My Cnmmission Fxnitu; J�Iv y 1'� �� " � . . . G'M } � 253��� CE RT IF I CATE 0F I N 'F-.�"-NDE D N0 N - U S E ' ' ._.;-� _ The ucderaigned hereby certifies that it doea not intend to exerciae its utility ea�went rights �n the following deecribed realty: That, p:�'t of the: �r.+esent Right�-rif Way of Pierce Butler Route; being part of the :io�th 70 fee:t of the Southe.�st 1/4 of the Southeast 1/4 of the South- we�t't '�:/4 of Se�ct�on 26, Tow�sh.�� 29, Range 23; and part of Seminary Avenue (for.�.:rly Ire3lgrni Street) as cre�icated by the recorded plat of Winter's Addi-tion betweeiY �iortherly e:st-�nsions of the East and West lines of said _ Soc�t:'�•east 1/4 of tne Southea�st. 1/4 of Southwest 1/4; and part of Milton, - . " St. .� c�edicat:�i by said re�o��ded plat of Winter's Add. between �aid- _ - - �. � Sesu�=�ry Aven��e 3r.d Nu�bard r'�.��enue; which is described as follows: Com- �ing at a p�imt ,on tne .:.as� line of said Southeast 1/4 of Southeast 1/,4 csf Southca€�st� 1/4 distar� 70 feet South of the Northeast corner thereof; t�keanx_e West on tE�e South l�nw of said North 7Q feet of said Southeast 1/4 of� 3autheast 1�4. of Southw�st 1/4 a distance af 281.50 feet to the point � o�� b�t:ginning ozf the land taa be described; thence Northwesterly on a curve to tae right, ts�ngent to t�F last described course, of radius 650.00 feet, c�ntral ang1� 21° 40' , a c��tance of 245.80 f�at; thence Northwesterly on a line tangem:_�o the last described curve a aistance of 79.70 feet; t.3�ence North�swerly on a c�rve to the right, rangent to the last described �onrse, of r.asld+as 650.00 f�et,.central angle S° 40' 30", a distance of f�+g.33 feet to-�t�e intersecs�ion of said curve wit� a Northerly extension of C'fi�e West line of said Sou.�:aeast 1/4 of Southeast 1/4 of Southwest 1/4; El�€er..ce South alon� said Rperr.therly extension and said West line to ttte South � X3Lne: of said Horth 70 feecr. of said Southeast lf4 of Southeast 1/4 of South- `west 1/4, thence East alo�x�� said South line ta the point of beginning. k�ted at Saint Paul, Minnesota, this �,3�_ dap ofC; � , 1974. (Seal�: .� 130ItTHWESTERN BELL TELEPHGNE COMPANY By Its Vi Presi nt and Chi E�c ve fficer - esota , By . `,�- .,-:,.,,,.-� It�: Assistant Secretary SrA3'L Cr.2lti.�:LSOTA ) ) ss COUNTY n�' 'RAMSEY ) On t�:is 3� .�a}� of �� , 1974, before me,, a Notary Public within and � for said Cdunty, pe rsanally appeare B. G. Schwartz and : G. A. Anderson , to me personally known, who, being by me duly sworn, dfd'. say that they are the Vice Pres. & Ch. Exec.Ofr.,�d the Assistant Secretary of the NOE�THWESTERN BE�I. TELEPHOIVE COI�ANY, a corporation, named in the foregoing instrume�t, ,anci that� ttze seal affixed to said instrument is the corporate seal of said cor�oratic,n, and that' the said instraument was signed and sealed in behalf of said oorporatio� by author3.-tp� of its Board of Directors, and that said B. G. Schwartz , and G. A. Anderson _ a�l:now3adbed said instrument to be the free act and d�ed of said corporati:i�a. �6ea:) ,e. � ��'-a-�C.—_ JOYCE S. COOK ot ry Public, Ramsey County, Minnesota My Commission Expires September 2, 1976 w � :. F.. . . � . . . . . . • � 2�3��� CE RT. IF I CATE 0F �: NT-U- NDE D NQN - U SE ' � . ��_ The undersigned heraby certifiea that it does not intend to exerciee its utility easement rights in the following �escribed realty: Thac p�rt of khe preasnt Right�`bf Way of Pierce Butler Route; being parz of ther North 7(� feet of the Southeast 1/4 of the Southeast 1/4 of the South- w�st 1/4 of Section �6, Townsl�ip 29, Range 23; and part of Seminary Avenue (;{�ormerly Ireland Str.eet) as dedicated by the recorded plat of Winter's A'd�dition between Northerly e�tensions of the East and West lines of said S,outheast 1/4 of the: Southea.st 1/4 of Southwest 1/4; and part of Milton � 3�. as, dedi.�ated tzy said recorded �plat of Winter�s.Add. between sai-d - _ - - Seminary Auenue ahd Hubbard. Avenue; wl�ich is described as follows: Com- • �2ncing at a point on the East line of said Southeast 1/4 of Southeast 1/4 of Southwest 1/4 dista�t 70 feet South of the Northeast corner thereof; thence Wes:t on the: South line of said North 70 feet of said Southeast, l/4 � of Southe�st l/4 af Southwest 1/4 a distance of 281.50 feet to the point of beginn�:ng of tt�e land tm be described; thence Narthwesterly on a curve ta the ri�,�t, tar��;ent to t�e last described course, of radius 650.00 feet, central angle 21° 40' , a distance of 245.80 feet; thence Northwesterly on a line tangent to the last described curve a distance of 79.70 feet; th�ence Nogthwestexly on a r.urve to the right, rangent to the last dascribed caurse, af radius, 650.00 feet, central angle 5° 40' 30", a distance of 64.38 feet to the intersection of said curve with a Northerly extension of the West line of said Southeast 1/4 of Southeast l/4 of Southwest 1/4; thence Sauth along said Northerly extension and said West line to the South line of said North 70 feet of said Southeast 1/4 of Southeast 1/4 of South- west 1/4, thence East along said South line to the point of beginning. Reserving to the City of St. Paul an easement for sewer purpo�es over that part of the above described land which lies within s strip of land 60 feet in width, being 30 feet on each side of the North line of said Southeast 1/4 of Southeast 1/4 of Southwest 1/4. ' +ti Dated at Saint Paul, Minnesota, this � day of � , 1974. , . By . . ' DBPARTMSNT PUBLIC ORKS CITY OF SAINT PAUL , __._ _ '�N � .,� 1����=`.cy �_ Q�f� � --�"` CERTIFICATE OF INTENDED NON - USE 2�3��3 The undersigned hereby certifies that it doea not intend to exerciae its utility easement rights in the following deecribed realty: That part of the present Right of Way of Pierce Butler Rout�; being part of the North 70 feet of the Southeast 1/4 of the Southeast 1/4 of the South- west 1/4 of Section .26, Townehip 29, Range 23; and part of Seminary Avenu� (formerly Ireland Street) as dedicated by the recorded plat of Wiater's Addition between Northerly extensions of the East and West lines of said Southeast 1/4 of the Southeast 1/4 of Southwest 1/4; and part of Milton St. ad dedicated by said recorded plat of Winter's Add. between said Seminary Avenue and Hubbard Avenue; which is described as follows: Com- mencing at a point on the East line of said Southeast 1/4 of Southeast 1/4 of Southwest 1/4 distant 70 feet South of the Northeast corner thereof; thence West on the South line of said North 70 feet of said Southeast 1/4 ' of Southeast 1/4 of Southwest 1/4 a distance of 28i.50 feet to the point of beginning of the land to be described; thence Northwesterlq on a curve to the right, tangent to the last described course, of radius 650.00 feet, central angle 21° 40' , a distance of 245.80 feet; thence Northwesterly on a line tangent to the last described curve a distaace of 79.70 feet; thence Northwesterly on a curve to th� right, rangent to the last described course, of radius 650.00 feet, central angle 5° 40' 30", a distance of 64.33 feet to the intersection of said curve with a Northerly extension of ,- , the Weat line of said South�ast 1/4 of Southeast 1/4 of Southwest 1/4; thence South along said Northerly extension and said West line to the South line of said North 70 feet of aaid Southeast 1/4 of Southeaat 1/4 of South- w�est 1/4, thence Bast along said South line to the poiat of beginning. � � Dated at Saint Paul, Minnesota, this��day of ���j , 1974. ��� . By � � o K WATBR T NT CIT 0 SA P