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246273 OR161NAI.yTf�CITY CL[RK 2461�73 _ , CITY OF ST. PAUL COUNCIL • OFFICE OF THE CITY CLERK F��E NO. C NCI RESOLUTION—GENERAL FORM PR�ENTED EY � COMMISSIONE AT WHERBAS, the Council of the City of Saint Pa�1, by resolu�ion C.F. 228666, approved May 19, 1966, did vacate various seetions of streets aMd alleys in the Riv�rvie�r zr�a.�atr�.ai Park, said vac�.tior� re�erving to th� Ci�g of Saint Paul and other publ3c instr�amentalities certain easement� and r3.ghts speeified �herein; a�.d ti�IIiEREAS, tTpo� applieation of the Port A�zthorit� of th� City of Saint Paul, the f�o�ncil, bp i�s resolution C.F. 2290�F0, ap- proved June 9, 1966, wai�red the pr�ovisions of section 228.O�F of the Saint �'aul Legislativ� Code as to those streets and alle�s vaeated pur�uarit to �he above referenced resolution, and certain oth�r vacation resolutions, and said resolution C.F. 2290�#0 further prov3.ded that the sa3ri waiver of portions of the Legi�- lative Code shall not be con�tr�ued 3n waiv�r or reli�qui�hment of any righ�s or privileges Meretofore retained £or the citp or for otheP�, nor �raiv3ng an� pa.�t or portion of' resolution C.F. 228666; a.r�d W�R�l�.i, tY�e Por� Au�hority of the C3�ty of Saint Pa�al does now request that the �ity Council waive ce��ain specif3ed ease- m�nts and rights retained by the citg for its Wa.ter D�partm�nt and its Depar�tment of Publie Works, and �he Por� Autho��.�y has �ubmit�ed and filed written eertificates of ir�te�.ded non-u�e of reserved rights and easements exeeuted oM behalf of Depart- ment of Public Utilities, �epa�tment of Publie Works, Wa.ter Depar�r�ent a.nd Northwe�tern Be11 Telephone Compang; now ther�- for� be �.t> ' RBSOL�FD, TYiat the Council of �h� Citg of Saint Paul, pursuant to Seetion 228.Og of the �ain� Fat�l Legi�lative Code, a� �.naended, does hereby waive the follo�i�. r�tained eas�meMt a.nd right con�ained in re�ol�ztiofl C.F. 228666, approved May 19, 1966: "a. A specific ease�ent be retained in State Street from �°lato Street to the north right-of-�ay� line of Chieago and Great Western Railway Company to p�otec� COUNCILMEN Adopted by the Councit 19— Yeas Nays Carlson Dalgliah Approved 19—_ Meredith �� Favor Peterson Mayor Sprafka Tedesco A Sainat Mr.President, Byrne �� � 246��3 OR161NA�TQ CITY CL6RK , � CITY OF ST. PAUL F,OE NCIL NO. • OFFICE OF THE CITY CLERK COUNCI RESOLUTION—GENERAL FORM PRESENTED 6Y COMMISSIONE DAT� `fl th� interests of the Wat�r Depar�m�nt, saifl ea�ement to embrace a strip of land 30 f�et in wid�h parallel to and cen�ered on the existing 16-inch wat�r maira and to be for ma3ntenance purposes, with the stipu- 1at3on that the present grades be ma3.ntained and no bui3ding be permitted within the easement area. "b. The petitioner allow the Department of Pub13.c Works unrestricted access along p�esent State Street to serve their stora�e yard deseribed as - portions of Block 2, A�orrison s Addition to We�t St, Pa�l - until such time as the p�titioner has provided the Cit� xith a new operational storage yard, including wate�, sewer, and electrical service utilities, acceptable to the Department of Public Works. " be it � FUR�FIER RESOLVED, 3'hat the easements re�ained in said resolution C.F. 228666, on behalf of the I�or�hern States Power eompany, ir� Minnetonka Street from Alaba�a Stree� to F3.11more �lvenue ar�d ir� State Street from Fillmore Avenue to approximately 250 fee� south, is continued in fu�.l force until such �ime as the City Cour�cil �na�r speeifically waine a,r�d release �he same pursuant to the terms of section 2�8.05 of the Sa3nt Paul �,e�isla�ive Code. . L�R AP_PROV t, �rr�or� � � �� NOV 13 1969 COUNCILMEN Adopted by the Counci� � 19— Yeas xays NOV 13 1969 Carlaon Dalglish A roved 19—_ Meredith �1n Favor Peteraon Sprafka v Mayor Tedesco Against Mr. President, Byrne PU�tISt�� NOV 15 1969 �� J. WILLIAM DONOVAN 223-5317 Valuation Engineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L Ass't Valuation Engineer BUREAU OF VALUATIONS 286 City Hell ���,��3 Seint Paul, Minnesota 55102 ��� November 7, �g69 To the Honorable Mayor and Council of the City of St. Paul Gentlemen: Per the atta.ched correspondence, submitted by Ken Fitzpatrick on behalf of the Port Authority, the City Cauncil passed C.F. 228666 on May 19, �g66 vacating certain streets and alleys in the �i.verview Industrial Paxk, sub�ect to the retention of two specific easements. The ea.sement reservations specif`1.ca11y reserved are described as: l. A specific easement in State Street from Plato Street to the north right-of-way line of the Chicago and Great Western Railway Company to protect the interests of the Water Department, said easement to embrace a strip of land 30 feet in width parallel to and centered on the existing 16-inch water main and to be for maintenance purposes, with the stipulation that the present grades be maintained and no building be permitted within the easement axea. 2. That the petitioner allow the Department of Public Works unrestricted access along present State Street to serve their stora.ge yaxd described as - portions of Block 2, Morrison's Addition to West St. Paul - until such time as the petitioner has provided the City with a new operational storage yaxd, includ.ing water, sewer, and electrical service utilities, acceptable to the Department of Public Works. Certificates of Intended Non-Use have been executed on behalf of the Water Depaxtment easement which was specifically retained, and the Public Works Department has released that certain condition of access, as des- cribed above. A11. public sewers, water, gas and electric mains, pipes, conduits and other public instrumentalities in the above streets and alleys, other than those in the specific easements above mentioned, have been abandoned as part of the development of the Riverview Industrial Paxk axea. All other conditions imposed by the applicable resolutions have been coraplied with. In view of the foregoing, as well as the attached copies of the executed certificates of intended non-use, it is hereby recommended that the City Council approve the attached resolution granting the release of utility easements and conditions of vacation a.s previously described. ours,v� � �� __.._ J. William Donovan JWD:PFD:lo Valuation Engineer s ' ' • � ���z�� Honorable Mayor and Members of the Council of the City of Saint Paul CERTIFICATE OF INTENDED NON-USE Gentlemen: The undersigned hereby certifies that the Public Utilities Department of the City o'f Saint Paul does not intend to exercise utility easement rights in the vacated streets and alleys described in the Application of Waiver and Release of Easements of the Port Authority of the City of Saint Paul , dated May 23, 1g66, and specifically waives such rights with respect to the following retained easement : That a specific easement be retained in State Street from Plato Street to the North right-of-way line of the Chicago and Great Western Railway Company to pro- tect the interests of the Water Department , said ease- ment to embrace a strip of land 30 feet in width parallel to and centered on the existing 16-inch water main and to be for maintenance purposes , with the stipulation that the present grades be maintained and no building be permitted within the easement area. Yours truly, PUBLIC UTILITIES DEPARTMENT OF THE CITY OF SAINT PAUL B � , Commis ione \ J . , . . Honorable Mayor and Members of the Council of the City of Saint Paul CERTIFICATE OF INTENDED NON-USE Gentlemen: The undersigned hereby certifies that the Water Department of the City of Saint Paul does not intend to exercise utility easement rights in the vacated streets and alleys described in the Application for Waiver and Release of Easements of the Port Authority of the City of Saint Paul , dated May 23, 1966, and specifically waives such rights with respect to the following retained easement : That a specific easement be retained in State Street from Plato Street to the North right-of-way line of the Chicago and Great Western Railway Company to pro- tect the interests of the Water Department , said easement to embrace a strip of land 30 feet in width parallel to and centered on the existing 16-inch water main and to be for maintenance purposes , with the stipulation that the present grades be maintained and no building be permitted within the easement area. Yours truly, WATER DEPARTMENT OF THE CITY OF SAINT PAUL By ���c2� �� -ct'�P� . ASSit,General Manager .. . , . ; � NORTHWESTERN BELL TELEPHONE COMPANY 70 WEST 4TH STREET, ST. PAUL, MINNESOTA 55102 Tetephone Area Code 612 222•4211 Room 1220 SEP 19 1969 Mr. Kenneth J. Fitzpatrick Assistant Corporation Counsel Port Authority City of St. Paul 316 City Hall St. Paul , Minnesota Dear Sir: Attached is the executed Certificate of Intended Non-Use, received with your letter to our Mr. J. Berigan dated September 11th. Yours truly, ,.-� �Di is' n Engineer i Attach: DRN:jma � ���� � R P M �`�,A�' `� �`� ,�a� �op�,a�9�j��,���g�� �"l:J: ��! . � �-6 a�3 �,r„{}'�F h ,'f.,... ��X � ��r, �2 �� } � � `, C��Z: �� '� � . � a .,,�,�,�,,. STATE OF MINNESOTA � � � � � County of Ramsey se. �"� � CITY OF SAINT PAUL , , ,, . ,. j I Harry_E. Marshall}---------------------------•--........City Clerk . �y 4. 7'"""'""""""..."""""'... D/�►. d. �� I ,i J �� ; �r� ''�i �� of the City of Saint Paul, Minnesota do hereby certify that I have ,, , ,� � �� � � ��� , �� A� 2�+6273 � < f . w � compared the attached copy of Council File No........-•--•------------------------------ c.o ..�; w �, s � :, : _ � rrov. i �......................i9.....69__...._ a , , � ,. � as adopted by the City Council__.__......................� . � N _ w 4 �,. , „ ;. ` � . ' and approved by the Mayor--------------------Nov.__l�x------•-----------•---19....69_------ _ } , . /y� � ' .- � _ ' ' " with the original thereof on flle in my office. VYI ,A'.�. �-i � ^i ��. ':� � .��...�.��.�����.�����.�..�.��..�.��.���.�����.��_�.�������������������������.����.�����..�.�.....�.�.�..�....��.�.��.���.���.���������� ... � .�Y, . . ` '� �K i'� I� : _ I '� y ... j,. .��...��..������...�����"�������'���'�������������'���'��.���"���.���.'�'�'..�.._��..�"�.'���.'���....��..�.�..���.�.......�.�'��_�... �� � 7 VMI�Y 4e ,;�« _ : _ . , �� . ................°-------...--•-•------�---•------•---°•------------------•-------------------......_._..-----------•-•--•-----..__.... �� �Ca: a�,<,.� '. �' , • - , � , � � 4r y� ..."'...-"""'-"""--'-"-"""•-""""'-"-""--'.._..."""""-•'-""'-"........""""'..." ""''" ' ' ... . . . :.. - ... �� •"--"""""-"'--•-"-••"""""-"""-"-"'-"...'-'....""-""'-"-'--'-'-'-"""'-"""..."""......-""-"'--"...." t'1 -., � F=�. � �::� ,�y��y�, ! � } �' ��� �l�: """'...�.....""""""�'""""'...""""...""""""""""..."""""""'"""""'"""""""'"""'""""'"..."""""""""" {F �� 5e . � 9 {�.".'!. '���...�..�..��'�.����.'��.�"'.'"""""""��"'"'.""""".�.�"..�.�"'""."""'""".�'..��.."�'.'..�.....�.............�...�."""' ��r �♦y. ;`' . ...+N( '�.�"'�'_.'�.��"� �'."""�""""'""""'_"".�..."..".'...."...."'."""'""""'""".�.." . '.'�'.»�.."�...".'.""""'.._. ` ".�� ...�. I�. �' 1 � ��� ' . � . .. q " � r,z .. � � * .�i �������.�.._.�.'�.���"'�""."'"'"".""..."'_".' . '.�'...._...."'"'"�'"'...».�"""'"'.'..'"."'�"�"�............"""""""""" ' W �16�; .6 ,� a7a n� ;:�� ��I """"""""""'""'"""""'"""..._......'""'"""'"""'"""'""""'......"'""""""""....'"'"""'"'""""....."""'"""""'""" - p 4, � �;��,����,,�a���'" ,�,,) I further certify that said copy is a true and correct copy of ��.p z,t.ttu - � �� � ,��,��� • �"�` said original and the whole thereof. cat ����� . � �"'�' � �=i, `` WITNESS m�+hand and the seal of the City of Saint Paul, Minn.. o �����' �L 25th. xov. 69 ..� � I�$�� �� �r... ' � � '. ul;s----•---------------------------day of------:----- --------...---- -•---A• _.._.._. • � �� �Y���.,.`�� , - -...-- •-�%:'-��/� -- --•- --...-- � , i.. `-. � , � »�� � Citq Clerk. /^� . ��,. ' � ��b' • � ��'•� t_.} � �t;i �,' µ '7e�y' d�" � t-' � i i_ s � � p 1 / � � t 1 11 � i11'� !� �.' [ � � v• . Jn�C i� � � i ' .` ' Honorable Mayor and Members of the Council of the City of Saint Paul CERTIFICATE OF INTENDED NON-USE Gentlemen: The undersigned hereby certifies that the Northwestern Bell Telephone Company does not intend to exercise utility easement rights in the vacated streets and alleys described in the Appli- cation for Waiver and Release of Easements of the Port Authority of the City of Saint Paul , dated May 23, 1966, and specifically waives such rights with respect to the following retained easements: 1 . That a specific easement be retained in State Street from Plato Street to the North right-of-way line of the Chicago and Great Western Railway Company to protect the interests of the Water Department , said easement to embrace a strip of land 30 feet in width parallel to and centered on the existing 16-inch water main and to be for maintenance pur- poses , with the stipulati�n that the present grades be main- tained and no building be permitted within the easement area; and 2 . That specific easements be retained in Minnetonka Street from Alabama Street to Fillmore Avenue and in State Street from Fillmore Avenue to approximately 250 feet south to protect the interests of the Northwestern Bell Telephone Company. Yours truly, NORTHWESTERN BELL TELEPHONE COMPANY .�-...._ - B�� DI ION ENGINEER STATE OF MINNESOTA ss. COUNTY OF RAMSEY On this aa� day of , 19 69 , before me a Notary Public within and for said County, personally appeared V. J. Cross to me personally known, who being by me duly sworn, did say that he i s the Di vi si on Engi neer 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 U. J. Cross acknowledged said instrument to be the free act and deed of said corporation. � (%d-D-�� � � JOYCE S. COOK Notary Public , Ramsey County, Minn. � My commission expires September 2, 1976 . � ; � Honorable Mayor and Members of the Council of the City of Saint Paul CERTIFICATE OF INTENDED NON-USE Gentlemen: The undersigned hereby certifies that the Public Works Department of the City of Saint Paul does not intend to exercise utility easement rights in the vacated streets and alleys described in the Application of Waiver and Release of Easements of the Port Authority of the City of Saint Paul , dated May 23, 1966, and specifically waives such rights with respect to the following retained easements : 1 . That a specific easement be retained in State Street from Plato Street to the North right-of-way line of the Chicago and Great Western Railway Company to protect the interests oY the Water Department , said easement to embrace a strip of land 30 feet in width parallel to and centered on the existing 16-inch water main and to be for maintenance purposes , with the stipulation that the present grades be maintained and no building be permitted within the easement area; 2 . That specific easements be retained in Minnetonka Street from Alabama Street to Fillmore Avenue and in State Street from Fillmore Avenue to approximately 250 feet south to protect the interests of the Public Works Department of the City of Saint Paul ; and 3. That the petitioner allow the Department ef Public Works unrestricted access along present State Street to serve their storage yard described as - portions of Block 2 , Morrison' s Addition to West St . Paul - until such time as the petitioner has provided the City with a new operational storage yard, including water, sewer, and electrical serv- ice utilities , acceptable to the Department of Public Works. Yours truly, PUBLIC WORKS DEPAR,TMENT OF THE CITY OF SAINT PAUL � �(// f -- By � � � V � �, ,/ �� , ti Commissioner