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255313 OR�INAL TO CITY CL6RK � • ' Y CITY OF ST. PAUL F,OENCIL NO. ���� � OFFICE OF THE CITY CLERK COU RESOLUTION—GENERAL FORM PRESENTED BY �i COMMISSIONE ATF WHEREAS, The Council of the City of Saint Paul, by resolution, C. F. 676101, approved August 31, 1926, did vacate a portion of Ha.zel Avenue, said vacation reserving to the City of Saint Paul and other public instrumentalities the public utility easements contained therein and thereon; and WHEREAS, Walter J. Ebertz and Joseph J. Mitchell have 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 on file in the Office of the City Clerk; therefore, be it RESOLVED Tha.t the Council of the City of Saint Paul, pursuant to Section 22�.05 of the Saint Paul Legislative Code, as amended, does hereby waive the retained easements contained in resolution, C. F. 6761Q1, approved August 31, 1926, in the following described property: �3 That portion of vacated Hazel Avenue which extends = southerly from the Upper Afton Road to the south � �� line of the northwest qua.rter of Section 2, Town- � � ship 28, Range 22, and that pa.rt of the east half " of Ha.zel Avenue which lies south of the south line � of said northwest quarter of Section 2, and east of the easterly line of the new opening, extended , southerly to the east line of Hazel Avenue; � � � and be it � FURTHER RESOLVED, That the above-mentioned waiver of said ease- ments is for the City of Saint Paul and for those persons for whom the City ha.s reserved easements in said vacated property for the installation, maintena.nce and operation of any sewer, water, gas or electrical main, pipe or conduit of public instrumentality. AU6 13 1911 COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler A!,;� 1 3 1971 �scna Conway 19— �— —�n Favor Meredith Sprafka � Mayor Tedesco A Sainst Mr. President, McCarty AU 6 2 � 1971 �41t���� — � � �� � ♦ � , . ► . I. � ' 1 � STATE OF MINNESOTA) ) ss C OtTNr!'Y' OF E�IVNEPIN) On this �t� day of 3"�Y, � , 1971, before me appeared Arthur V. Dienhart and Harriet Ro��P , to me personally known, who, being by me du]�y sworn, did say that they are respectivel,y the Vice President- Il�gineerin� and the Assistant Secretary of NORTI�RN STATES FOWER COMPANY, the corporation named in the foregoing instr�ument, that the seal affixed to said instru- ment is the corporate seal of the corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and said Arthur V. Dienhart and Harriet Rogge acknawledged the instrument to be the free act and deed of the corporation. R, �. ��e.,t.�T'vv1 �Wl � Notary Public, Hennepin County, Minn. 1�y commission expires Feb. to �9'1� i--- STATE OF MINNESOTA) HENNEPIN) ss cou�rY oF ��x ) On this 23rd day of Julv , 1971, before me appeared Garfield E. Lovaas to me personal],y known, who being by me duly sworn, d.id say that he is the General Attorney, of NORTHWESTERN BELL TELEPHONE COMPANY, a corporation, named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Carfield E. Lovaas acknowled.ged said instrument to be the free act and deed of said corporation. //���c/ " d� �1 , ��.C-�'.f�.f�,C., f�.� Hennepin Notary Public, ��eg County, Minn. My commission expires June 14, 1973. 2 (". � � _ ��' ♦ � . , �' .'i r� _ � � �";ws T� E l�E� ��`�..��� THE HONORABLE MAYOR AND MEMBERS � �,� ,�y �,l�1��, CERTIF ICATE OF OF THE COUNCIL OF THE r:..,� � CITY OF S1�INT PAUL �"a �����S 0,�����' INTENDED NON-USE C1��5.��;h�}��P',1�,;1• The undersigned hereby cert�.fy that they do not intend to exercise their utili�y easement rights in the following described realty: That portion of vacated Hazel Avenue which extends southerly from the Upper Afton Road to the south line of the northwest quarter of Section 2, Township 28, Range 22, and that part of the east half of Ha.zel Avenue which lies south of the south line of said northwest quarter of Section 2, and east of the ea.sterly line of the new opening, extended southerly to the east line of Hazel Avenue. Dated � u-,ti¢�,.�_ � , 19 7 � Commissioner of Public Works Cit f Saint Pau1 Commissioner of u i ilities City of Sain� Paul � Gene Ma ger, ater Department Cit Sa�nt aul Northern Sta�tes P wer Company . - By . ts�} Assistant S tary Vice President-Engineering Nort es rn Bell TeZephone Company B (S�) Gen al Attorney From the office of � ' JEROME J. SEGAL Special Assistant Corporation Counsel � 316 City Hall �r'"��� Saint Paul, Minnesota 55102 `j'[�� ,i F'� 'w_ � V�' . � I�M��� �,�!� �-,I , - �.� � -�.� ,