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CITY OF ST. PAUL COUNCIL FILE N0.
Resolution Ratifying and ConSrming By
Condemnation and Awards of Damages File No. �'�?'*�
and Assessment Therefor
In the matter of ��� � �� � � � #� �,� �r � �
s�rs. s�Nts a� lil�s, #as'� �c�: of s�r■r�a! �! � �t fr�e ���tt
l��i �t e�3awir�r �,, ��ri ir�► �tl�rs � �at' �rr�rat#+Mt asf s�s {
#rk �s � ar�i aisla�s� rr�Y ir� �#� 1t. ��+r�s �ss. !rw � �.
� 1M�■�#�e iw�.; �ss' �. �tart �. lr�l� #w�. � �. t�i�rs �.. arr�i J�ne! �.
!�t �ds� �s, #as � �. �-!�1}
7��#�4 d�� tt� 1!�!
2�1A4i �► 22, 1lir!
under Preliminary. Order ��+� —, approved a� �* 11� ,
Interxnediary Order �� , approved �ti_ � �!�
�
Final Order : �l� , approved ��!� Il7r .
A public hearing having been had upon the taking and condemnation of the lands or easements
therein, for the above improvement, and the awaxd of damages therefor, and also upon the assessment
of benefits therefor, and the Council having duly cox�sidered the same, now therefore be it
Resolved, That the taking and condemnation of the lands described in the annexed assessment roll,
identified by t'•he signaturE of the Commissioner of �'inance, and made a part hereof, and the awards of
damages to tlie own�ers of such lands for said takin� and condemnation a.s set forth in said assessment
roll, be and the sam�e is hereby in all respects ratified and confirmed. , �
Resolved further, that the said assessment of:benefits, be and.the same is hereby•in a,ll respects
ratified, and the same is hereby ordered to be sub�nitted t4 t�e�Di��rict Court for confirmation.
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COUNCILMEN
Yeas ��.1TL= �vays ^ NOV 1 a 1970
�AP,' ,
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:,�v; Adopted by the Council
,�:�L�; _ NOV 1 � 1970
� Ap
. :`f�l`,i=�<A
����SCO �In Favor
�:�n���TY ;� �
—Against
Form �3 �� PUBLISHED NOV 211970
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CITY OF ST. PAUL
��� Y ������
Report of Commiaaioner of Finance
on Condemnation of Lands File No. �'�.�i
In the matter of ,�� � � � �; � � � y�t � �
���Ml� #� � �'3� � � � � �1�` � #�# � !�R
�! i�' Y+�1�1�ir! �� i��i �' �Y�i � 1�" ���+� � �
� � � �� �� '� �M� � �. � �a � � �
� � �I►.� �t �. 1��. �� �. !�I► �� � �., +� � �
� �r+��r �, ri�► l�r�r �R: �i+►��}
�M4 �!' �s �
� ,i�ws�► 7�� 1�ifr!
under Preliminaxy Order � , approvecl � � �
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Intermediary Order , approved ���_� ,
Final Order ��1 , approved ����� �� .
TO THE COUNCIL OF THE CITY OF SAINT PAUL:
The Commissioner of Finance hereby reports:
That he has fixed and determined the value of the land, lands or easements therein taken and ap-
propriated for the above improvement and the amounts of the awards of damages therefor to the own-
ers thereof, and the persons to whom such awards are payable; that he has also fixed and determined
the amount of benefits to property, from the making of said improvement, not exceeding the cost
thereof, and that attached is an assessment roll entitled as above and identified with the signature of
the undersigned, containing the undersigned's finding on said matters.
�%�',�-... r�� � � k, �,�' I%°'ti
Co�G��ner o� F,�'��a
(�/ ¢�.'�,e�(�7""'�
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. . � ���� ��
� BURLINGTON NORTHERN
�
176 East Fifth Street
INDUSTRIAL AND ECONOMIC St. Paul, Minnesota 55101
DEVELOPMENT DEPARTMENT Telephone (612) 222-7773 or 224-5588
Honorable �embers of November 18, 1970
th� City Couacil
City of Ssint Paul �
City Hall
3�int Paul, Minnesata 551�2
Deetx Council �e�bers:
Tt�e Burlington Nortt�ern t�as received 1W�TICS OF �AARINIG IN tJ���'ION
PROC�EDIl+iGS dated October l�, 1970, for tsking an �►s�ent in� land
necessary fox slopes, cuts, and Yills iia 'the gr�►dinB and s�Facing o�
' � West Jes�am3.ne l,lvenue, City Fi1.e Pio. 17�97-5.
.,`
s This is � advise that Burl�ngton l�ortttern ta�� no ob�ection tca tM�e
conde�ation proceedings and is willia.g to doria'te t�ie ease�nt right�
takera tt��reuader. Our cooperation iu Working xitk� the City in this
area is f'urther evideaced by Q�aitelaim Deed d,e►'ted April 6, 1970, grant-
i�g a fi�'ty-Yaot strip of land in tbis �sme v3.ein,ity for etorni se�r
ease�ent.
�Te do bave spme coneern with f�tare as�essments x�ich might be levied
a�yainst Burlingtc�n �orthern property as a result of' #,he progression of
3mprovements for sewer, �rater, curb, gutter, pavin8, etc., in. the
develop�ent of properties ly3ng 'to 'the no=''th oP our ownership between
Hamline and 3ne11ir� Avenues.
In 1968 the Norttl�rn. P�cific Railway Company, predeeessor in interest
to tb�e Bwrlington Nortt��ra� fo11o'win8 several meetings wi'tti the d�reloper
and City represent�atives� �o3aed with other parties in filing a petition
of r�monstrance, submitted to forestall �t we considered to b� unfair
assessments sesultiag f°rom s3milarly proposed develop�nent at that tfine.
Oux present use of the ad�oiniag property, coupled witl� a great disparity
in elevatio� between the Burling�on I�orthern owner�hip and the prope�ty
to tt�� north, leads us to the strong conviction ttiat theae particu]sr
publie 3mprovements for utilities, streets, ct�rb and gutter are not
benefieial to �ur property.
Tt►erefore, wt�ile xe do not ob�ect to tt3.eir placeaodent, the cost of same
sl�o�al.d be �saessed against the benefited property owner or otirners.
'3'his is the 'basis on which the petition o� rem�nstrance was �'iled in
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Hoa. D�bers oY City Co�n�il
. City Af Saint Paul �ove�nber 18, 1970
1968, and xe �ant at this time �t;c> Ee►11 the Couneil's attention to
o�r aoatinuing be13.e�' tt�t We sho�ld nat be asked to h�lp pay for
de�velopment of the ad�acently tield private property. We xill oon-
tinr�e to �ork witla t,�e various City Depsrtments 3a seeking amicable
and Yair solntions to these prabl�s.
Youre very truly�
er .
Director - �t 1 Estat�
$AJ md
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BURUNGTON NORTHERN
176 East Fifth Street
INDUSTRIAL AND ECONOMIC St. Paul, Minnesota 55101
DEVELOPMENT DEPARTMENT Telephone (612) 222-7773 or 224-5588
Honorable Members of Nova�ber 18, 1970
ttie City Council
City of Saint Paul �
City Hall
Saint Paul, Minaesote► 55102
Dear Council Members:
The Burlington Northern he►s received 1�TICE OF H�ARING IN (70NDENIl�IATIO�
pROC�BDIl�iGS dated October 14, 1970, for taking an �sement in land
necessary for slopes, cuts� and fills in the grading and surfacing of
�Iest Jessamine Avenue, City File No. 17�497-5. �
This ia to advise that Burlington Rorthern hs►s no ob�ection to ttie
condemnation proceedings and is rri.11ing to dotia'te the easement righte
te�ken therevnder. Our cooperation ia tircrking rrith the City in this
ar� is fl:irther evideaced by quitc]aim Deed dated April 6� 1970, �e►nt-
ing a fifty-foot strip of land ia this same vicinity for storni seWer
easement.
pe do have some concern with future assessmente �hich might be levied
a�e►inst Burlington Northern property as a reBUlt of the progression of
improvemeats for sever� xater, curb, gutter, paving� etc.� in the
development of properties lying to 'the north oP our oxnership betWeen
Ham.line and Snelling Avenues. �
In 1968 the Northern Pacific Railwe.y Company, predecessor in interest
to the Burlington Northern� following several meetings iri.th the developer
and City representatives, �oined with other ps�rties in filing a petition
of remonstrance, submitted to forestall xh�at We considered to be unf'air
asseasmeats resulting from eimilarly proposed development at that time.
Our present use of the ad�oiniag property, coupled yrith a great disparity
in elevation betWeen the Burliagton Northern o�aership and the property
to the north, lee►ds us to the strong conviction that these pe�rticular
public improvements for utilities, streets, curb and gutter are not
beneficiel to our property.
R�,erefore, while we do not ob�ect to their p]ace�ment, tlie cost of sam�e
should be assessed ag,aiast the benefited property oWner or o�ners.
This is tiie 'be�sis on r�hicti the petition of remmonstraace �s filed in
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Hon. Members of City Council
City of Saint Paul Nove�mber 18, 1970
1968, and �e �rant at th�s time to call the Council's attention to
our continuing belief that xe ahould not be ssked to help pay for
development of the aci�acently tield private propertY• We xill con-
tinue to �rcrk �rith the various City Departmente 1n seeking amic�►►ble
and iair solutions to these pa�oblems.
Yours very truly,
,
A er .
Director - 1 $8tste
RAJ nd
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