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260637 WH17E� - CITV CLERK 1 (��1/'1�A� PINK - FINANCE COl1CIC11 �n •� BLIYERY- MAYORTMENT GITY OF SAINT PAITL File NO. �r"� _� ' `� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date � WHEREAS, The City has awarded a contract for the construction of a storm sewer in and the paving of Berry Street from University Avenue to Pearl Street, in accordance with plans and specifications prepared by the City and designated as Public Works Project Number P-0286; and WHEREAS, Certain of the railroad trackage and auxiliary facilities in said street and affected by the construction of said sewer and paving of said street have been located, constructed, operatesi and maintained within the City dedicated right-of-way of Berry Street by permission of the Conanon Council of the City of Saint Paul under the terms and provisions of the following documents: l . Ordinance No. 8642, Council File No. 13�+221 , passed and approved September 25, 1g45, in which L.H. Harvey Associates was named as permittee, and 2. Ordinance No. 9896, Council File No. 158905, passed and approved March 6, 1952, amending Ordinance No. 8642 by changing the name of the permittee from "L.H. Harvey Associates" to "Campbell- Stenson Company"; and WHEREAS, Under the provisions of the aforesaid ordinances, the permittee agreed that, upon order by the City Council , the permittee would remove its tracks and restore the street to its original condition, at the permittee's own cost and expense; and WHEREAS, The City desires that the permittee remove its tracks and ancillary facilifiies as necessary to allow for construction of City Project Number P-0286, under the inspection and to the satisfaction of the Department of Public Works of the City of Saint Paul ; and WHEREAS, The City desires to resurface the track area to allow for a uniform traveling surface over the whole of the Berry Street pavement con- struction limits; and COULVCILMEN Requested by Department of: Yeas Nays Hun t Konopatzki In Favor Levine f Meredith Against BY Sprafka Tedesco Mme.President Butier Form Approved by City At ney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Maxor: Date Approved by Mayor for Submission to Council By . By ���� � WH17E6 - CITY CLERK COl1C1C11 ��!�'��� PINK - FINANCE � CANARY - DE�ARTMENT GITY OF SAINT PAITL �� �•I BLUE - MAVOR File NO. ' ` Council Resolution Presented By Referred To Committee: Date Out of Committee By Date �2) WHEREAS, Distributors Service Company appears to be the successor in interest of the aforesaid permittee, Campbeli-Stenson Company; now therefore be it RESOLVED, That Distributors Service Company is hereby ordered to remove all its railroad spur trackage, including auxiliary facilities, from within the construction limits of said Project No. P-0286, upon due notice from and to the complete satisfaction of the Department of Public Works Construction Engineer, all at the sole cost and expense of Distributors Service Company; and be it FURTHER RESOLVED, That all materials comprising the facilities herein ordered to be removed shall be promptly disposed of by Distributors Service Company outside the limits of the Project in whatever legalty acceptable manner it elects. COUIVCILMEN Yeas Nays Requested by Department of: Hunt Pub ' W Konopatzki In Favor Levine Daniel J. Dun ord, Ac ing Dire tor Meredith J Against BY Sfsraf�n80�1e� (DOL) Tedesco Mme.President Butler FE8 81973 Form Approved City tto ey Adopted by Council: Date Certifie P ssed by Council Secretary BY By Appro by Maxor: Date � Approved by Mayor for Submission to Council By BY PU�L1SHfD FEB 171973 I , ,r ��,���,.�,, � C�TY O,> i ab � �. i r ,�a 0 <�e '��^e +.• CITY OF SAINT PAUL Capita) of Minnesota DEPARTMENT OF PUBLIC WORKS 234 City Hall & Court House 55102 DANIEL J. DUNFORD Acting Director of Public Works January ) � y 1973 The Honorable Lawrence D. Cohen Mayor of the City of St. Paul 347 City Hall BUILDING Re: BERRY ST. - University Ave. to Pearl St. , City Project No. P-0286 Dear Mayor Cohen: Attached is a proposed Resolution for your consideration, prepared to formally order removal of unused spur trackage to facilitate construc- tion of the captioned Project. The Department has been in communication with Mr. T. H. Stokke of Distributors Service Company, owner of the tracks. He has verbally agreed to the removal and does not wish to replace the tracks after the street has been paved. The intent of the Resolution is to for- malize the removal request, in accordance with rights retained under the original Ordinances. Yours very truly, lc�-��� - Daniel J. D ford Acting Director of Public Works WAH/DOL/ck Attachment cc: Richa�d A. Schnarr Claude L. Thompson Walter A. Hurtley O r - � ' r P-0286 BERRY STREET - University Avenue to Pearl . This is presently an oiled street which the Council has directed to be improved. The contract has been awarded to Shafer Contracting Company. To improve drainage, it is necessary to change the grades on this street. In addition track areas should be improved at this time. Therefore, all tracks must be removed and adjusted to the new grades. According to the Ordinance permitting these tracks in Berry Street, this work must be done by and at the expense of the owner. Burlington Northern has elected to replace their tracks, and has a contract with the City for the resurfacing work. The spur line owned by Mr. T. H. Stokke will be removed for him by Burlington Northern. He has elected not to replace these tracks. We are, therefore, proposing a Resolution formalizing our agreement with Mr. T. H. Stokke that these tracks be removed and not replaced. i�%c,� �%/�3