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244227 ` � 24422� O�viNAL TO CITY CLERK " ' CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK COU CIL SOLU -GENERAL FORM PRESENTED BY COMMISSIONE DATF WHEREAS, Upon the petition of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the City of Saint Paul, by its resolution, C. F. No. 2414'77 , adopted and approved December 27, 1968, did vacate and discontinue as public� streets the following streets, to—wit: Ethel Street from the west line of Bellows Street and the north line of West Delos Street to the southeasterly line of Ohio Street; Daniel Street from the northwesterly line of West Indiana Avenue to the southeasterly line of Ohio Street; and � West Indiana Avenue from the northeasterly line of Ethel Street to the southerly line of Plato Boulevard; and WHEREAS, The City of Saint Paul did vacate and dis— continue the above—described property as public streets expressly subject and conditioned upon condition 2(d) of C. F. No. 2414'77, that an easement be granted in Ethel Street for a 12—inch replacement water main; and WHEREAS, The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, on January 9, 196g, did grant to the City of Saint Paul a public utility easement � in or on the following described property: FORM PPRC3V �►D COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson Dalglish Approved 19—_ Meredith ��n Favor Peterson Sprafka � Mayor Tedesco A gainst Mr. President, Byrne �PUBLISHEI ,�.(�N � �.��� O OF'GINAL TO CITY CL6RK . 24422'7 - ..� ' CITY OF ST. PAUL �OENCIL N�,. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF A thirty (30) foot strip adjoining to the west of the original center line of Ethel Street, now vacated, which is located in the vacated part of Ethel Street and Ohio Street lying north and easterly of Lot 1, Block 198, Irvine' s Addition to West St. Paul; said Easement Agreement having been filed as Document No. 532029; and WHEREAS, The Committee on Lands informs the City Gouncil that all of the terms and conditions of the said vacation resolution, C. F. No. 241477, have been fully complied with and does recommend that the Council hereby acknowledge said fact by resolution; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul does hereby concur in the recommendation of the Committee on Lands and does hereby determine that all of the terms and conditions of Saint Paul City Council vacation resolution, C. F. No. 241477, approved December 2'7, 1968, have been complied with and more particularly condition. 2(d) of said vacation resolution has been satisfied by the granting of a public utility easement to the City by the Housing and Redevelopment Authority as evidenced by the easement agreement which was filed in the Office of the Registrar of Titles and recorded as Document No. 532029. JUN 3 1�69 COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson J U N 3 1969 Dalglish � Approved 19—_ Meredith Tn Favor Peterson Sprafka O Mayor Tedeaco A gainat Mr. President, Byrne PU�LISHE, ,,.(�:N: 7 196g 0 J. WILLIAM DOTIOVAN• 223-5317 • Vo:uation Engineer ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA U L ass�f Valuation Engineer BUREAU OF VALUATIONS 286 Ci1y Hell ��� �Seint Paul, Minnesota 55102 a� '� ^��� MaY 29� 1969 To the Honorable Mayor and Members of the Council of the City of 5a.int Paul Gentlemen: The Committee on Lands has considered the request of the Housing and Redevelopment Authority that the City Council adopt a resolution indicating tha.t all of the conditions, including in particular condition 2(d) of vacation resolution C.F. 241�77, adopted December 27, 1968, have been completed. The Valuation Engineer has reported that condition 2(d) of subject Council Resolution required the Housing and Redevelopment Authority to �rant an easement to the City of St. Paul for replace�ment of a 12 inch water main. The easement agreement was executed by th Authority and filed on Certificate of Title No. 227556 and is shown thereon as Document No. 532029• Therefore it is the recomnuendation of the Cammittee on Lands to approve the attached council resolution which clearly states that all conditions of Saint Pa.ul City Council vacation resolution, C.F. 241477 approved December 27, 1968 have been complied with and more particula�r, condition 2(d) of said vacation has been satisfied. Resp tfully submitted, May r � asin� Agent Corrnnissioner of Public Wor s � , ommiss' er of F' nce ✓ . Arsa Cod�612 ' - ��� PI�UL J. KELLY 223-5121 THOMAS J. STEARNS . . , . � JON R. DUCKSTAD ARTHUR M. NELSON ;' JEROME J. SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY F``St,�``'td°' CITY OF SAINT PAUL AUL FT McCLOSKEYR RK DANIEL A. KLAS LOUIS E.TORINUS Special Assistant LEGAL DEPARTMENT JOSEPH E. CARTWRIGHT 316 Ctty Hall, S+. Paul, Minnesota 55102 JOSEPH P. SUMMERS `� 1 6 Corporation Coun:el May �-� 9 9 � .; ; `/�, 1 � �, ' ,1 .:J ��.� . �i I /f-, Mr. J. William Donovan � _. � � Secretary Committee on Lands Dear Bill : Attached please find a copy of a letter addressed to the undersigned signed by David S. McClung , Assistant Staff Counsel of the Housing and Redevelopment Authority, request— ing that the City Couneil adopt a resolution clearly stating tYiat all of the conditions, inclttding in particular condition 2(cl), of vacation resolution 241477 have been complied with. I enclose also resoluti.on �,rhich has been approved as to form by me , which I believe will satisfy the requirements set out by Mr. McClung in his letter. Would you please investigate the matter, prepare a letter and report of the Committee on Lands , and , if satisfactory, have the same adopted and presented to the City Council . Would you please notify Mr. McClung of the action whieh the Comini_ttee on Lands will take. If you Yiave any questions , please call me or Mr. McClun� at �23-4'752. Yours ery truly, r� Jero J ' Segal Assi an Corporation Counsel JJS�mla Enclosures cc : Mr. David S . McClung Assist,ant Staff Counsel fIous in� and Reclevelopment Authority `�; % � ��� ` � �,t r� ' ��" / � ��O .- ---� 421 Wabasha Street, Saint Paul, Minnesota 551 0?. Eclward N.Helfeld,executive director.phone 223 5218 r� . , . � �' � �. � ��� � �� @•' ���2 c�1g6gc��,, p �c, �., ,' HOUSING AND REDEVELOPNEI`�T AUTf-IOf�lIY OF TI-IE CITY O�c�,�Yf�N��PAUL, MINNESOTA Mr. Jerome J. Segal April 25, 1969 Assistant Corporation Counsel Room 316 City Hall and Court House � Saint Paul, Minnesota 55102 Re: Riverview Industrial Project, Minn. R-26 . Petition to Vacate Street, No. ?V City Cour:cil F'ile �'o. 241477 Dear Mr. Segal: On Dece*.nher 27, 1968, the Council of the City of Saint Paul ado�ted a*:c� approved Council File No. 2[►1477 yacatir.g a portion of Etnel Stre�t, Daniel S treet and West Indiana Avenue in the Riverview Industrial Project. Gondition 2(cl) of Council File 2.41477 required the Authority to grant an easen�nt to the City of Sa_int Paul in a portion of previously varn- ted Ethel Str�et for a 12-inch replace:��nt water n,ain. On January 14, 1969, I transraitted to you an e_c?cuted E�.sement AGreement wherein the Auth- ority granted utility eas�;;ent ri�hts in a porticn of the previously vacated Ethel StreLt and Ohio Street to the Cit; of Saint Paul, a cerrified copy of the resolution of the Auth- ority�s CO!iI.i11SS10P.°�S which approved the ;rantir�g of this e�sement, and Certificate of Title No. 2?.7�Sb, so that this ease:^ent aoree-�t;�t cc�uld be menzorialized thereon. You filed said Eas�ment A�reQment a�ainst Certificate of Tit1e PIn. 227556 aad it is shosm thereon as Docunlent ►io. 532029. The St. Paul Abstract and Title Guarantee Compzny has prepared several Title Binders in order that k�e might dispose of property a�uttin� that portion of vacated West Indiana Ave- nue. On all of these Tit1e Binaers, there is an exc�ption which states that the location of this ease..:,�nt is vaoue and indefinite and which questions w`zether or not said easennr.t has, in fact, been granted. �s I mentior.ed to you on the telephone, it will be necessary to file se;ne document which wi11 indicate that this ease�nent has been granted to t'ne City of Saint Paul, and that' Con�ition 2(d) of Council File �o. 241�:77 has bePn conplied with. I agree with your su�gestion that t�-�is matter can be hanclled by a Resolution of the Citv Council which would b� filed in th� office of the Register of Deeds. I would suggest �hat the form of the Reso?utioci include the followino: 1. "WHER�:.AS, upon the Petition of the Housing �nd Redevelopr,,ent Authority of the City of S2int Pau1, Minnesota, the City of Saint Pau1 , by its Resolution, Council File No. 2[s1477, ad�pted and approv�d Dece:,�ber 27 , 19bS, did vacate and di.scor.tinue as public streets the following streets, to-wit: ' lawrence J. fl��;�e�, Harr� P. Stm��n, Jr., Or�iille E �nrl.�r��on, Nenry R. Thr,mss, K�nneth J. Lynch, James J Dalylis�h, Vic�or J. Tedesco c,a.��,T,, � � . ,JG AND. REDEVELOPMENT AUTFIURITY OF TEIE CITY OF SAINT PAUL, MINNESOTA � �r. Jerome J. Segal -2- April 25, 1969 Ethel Street from the west line of Bello;as Street and the north line of West Delos Street to the southeasterly line of Ohio Street; Daniel Street from the northwesterly line of West Indiana Avenue to tt�e sout�ieasterly line of Ohio Street; and West Indiana Avenue fro:n ttle northeaster`ly line of Ethel Street to , the southe_rly line of Pl�to Boulevard, and 2. WHEREAS, the City of Saint Pau1 did vacaCe and discontinue the above-described proper ty as public stre�ts expressly subject and conditioned upon Cor,dition 2(d) of Council File i.o, 2l�1�s77, that an ease,nent be granted in Ethel Street for a 12-inch replacemnnt water rnain, and 3. 4�lERFAS, the Housin� atid F�develop-ient Authority of the Gity of Saint Paul, Minnesot?, on Jan��ary 9, 19b9, did $zant to the City of Saint Paul a publi.c uti.lity ease�:ent in or on thc following-described proper ty: A thii ty (30) foot strip a.djoir.ing to the �:�st of the original center line of Ethel Street, now vacated, which is loczted in the vacated p�rt of Ethel Street an3 Ohio Street lying r,orth and Easterly of Lot 1, Block 198, Irvine's Addition to k'est St. Paul, said Easetnent A�re�rient ha.ving been fi led as Document No. 532029. RESOI.V�:D, that by the filino of the Ease�ent Aoree:n�nt, recorded as Document No. 532029, the Housin� anc� Redevelo�ment Authority ot the City of Saint Paul, Minnesota, has fully cot,lplied with Candition 2(d) of Cou�cil File No. 241477, �pproved Decer�iber 27, 1968." After you have had an op��ortunity to direct yot�r attention to this matter, and h2ve pre- pared the Resolution to b� suL�itt�d to the City Council , if you would like to talk to me regarding the contenC of the Resolution, please call me at 223-/�752. Thank you for your assistance in ttiis mattzr. Very truly yours , �\ ; - r , ` "; _ �-�: �;�, a � ( � ,'�� - --�� �''�� � � � __�••- �- Davicl S. McClung ' \, Assistant� St�zf Counsel