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236458 ORIGINAL;O CITY CLERK 236458 � CITY OF ST. PAUL FOENCIL NO. � - OFFICE OF THE CITY CLERK COU R OLUTION ERAL FORM PRESENTED BY COM M I551 ON E � pTF __ - WHEREAS, The Eoun.cil of the City of Saint Paul, by resolution, C. F. No. 165635, approved September 17, 1953, did vacate an alley in Block 2, Dawson' s 5th Addition to the City of Saint Paul Ramsey County Minnesota, said vacation reserving to the City of Saint Paul and other public instrumentalities the public utility easements con— . tained therein an.d thereon; and WHEREAS, Terrence M. Smith has requested that the Council waive said retained easemen.ts, and the affected City departments, Northern States Power Company, Northwestern . Bell Telephone Company and the Western Union Telegraph Company have filed written. certificates of intended non—use " of reserved rights and easements, which certificates are attached hereto; be it RESOLVED, That the Council of the City of Saint Paul, pursuant to Section 228.05 of the Saint Paul Legislative Code, as amended, does hereby waive the retained easements con— tained in resolution, C. F. No. 16�f35, approved September 17, 1953, in the following described �roperty: r' Block 2, Dawson' s 5th Addition to the City of Saint Paul Ramsey County Minnesota; be it FUR,THER RESOLVED, That the above—mentioned waiver of said easement.�- is for the City of Saint Paul and for those persons �� for whom the City has reserved easements in said vacated pro— perty for the• installation, maintenance and operation of any ' sewer, water, gas or electrical main;: pip or conduit f public instrumentality. FOR APPROVED t. C�rporati n ou se .� � COUNCILMEN Adopte by the Council �r;�`,� � ����ig_ Yeas Nays Carlson ���� � ����� Dalglish � Approved 19.^ Holland In ,Favor Meredith • Peterson � Mayor " Tedesco A 8$�t Mr. President, Byrne PUBLISHE� ���� � ���i� �22 • ' , . . �'"� _. . . . �s� . . THE HONORABLE NIAYOR AND M,EP�IBERS OF THE COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTENDED NOAT-USE 'i'he undersigned hereby cert;fy �cha� they do not intend to exercise their utility easement rights in the following described realty: The Westerly forty�-nine and seven tenths (49.7) feet of Lots Four (4) , Five (5�; , Six (6� and Seven �7� , and all of Lots Eight (8}, Nine (9) , Ten (10, and Eleven (11) ` except the Westerly ninety-five (95) feet th�reof, and the vacated alley adjoining all of said Lots� �l.l in Block Two (2) , Dawson` s 5th Addition to the City of Saint Paul Ramsey County Minnesot�., according to the plat thereof on file and of record in the office of the Register of Deeds within and for said County. Subject to the rights of the public in Wheelock Parkway. Address: 354 East Wheelock Parkway Lot Size: 100 by 190 feet Dated , lg Commissioner of Public Works City of Saint Paul Commissioner of Public Utiiities City of Sain�c Paul General Manager, Water Department City of Saint Paul Norther Sta�es Power Company g � (SEAL) Northwestern Bell Telephone Company gy � (SEAL) � , .. . . r � • , . �s v . S TATE OF M`�TA � ) ss. COUNTY OF P�' ) On this ,�_ day of � 19�, before me, a n tar ublic within and for said County, personally appeared . , to me personally now w , being b� e duly s�rornr did say that he is the of NORTHERN STATES POWER COMPANY, a corporation, name 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 corpo at'on by authority of its Board of Directors and said � . � acknowledged said instrument o be the f e act and deed of said corporation. . Notary Publ.�.c, County, Minn. Niy commission expires ��:Zl�" DONALD `J. KILCHER, Notary Pubiic, Dakota County, Minn. �Iy Commission Expires July 5, 1974 STATE OF MINNESOTA ) j ss. covrT� oF �s� ) On this _______ day of � 19 , before me, a notary public within and for saa.d County, pers no ally appeared to me personally known, who being by me duly sworn, did say that he is the of NORTHWESTERN BELL TELEPHONE CONIPANY, a corporation, named in the foregoing instrument, and that the real affixed to said instrument is the corporate seai of said corporation, and that said instrument was �igned and sealed in behalf of said corporation by authority of its Board of Directors and said acknowledged said instrument to be the free act and deed of said corporation. No�ary Public, Ramsey County, Minn. ' My commission expires 2 . .. � �w_ `. � ' � � r �� � THE HONORABLE MAYOR AND MEMBERS , OF THE COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTENDED NON-USE 'I'he undersigned hereby cert�.fy that they do not intend to exercise their utility essement rights in the following described realty: Ts� N�aterl�► lorty-Airxe _and s� t�ntbs i49.7� #�t Q� Lot� lro►u�r (4} , �"i� (S) , aix (b? and i+wen �9) , �r►� sli ot Lot� B�qht ;6� E �ia�r �9j, T�sn t10) at�d Bl�wrn �111. �ocospt th� 1�+�►���rly ni�ty-tiw (!S} fa�et th�ree�f` aaad tb� v�cst�d ali�y ad�oiniug all o! said Lots, all in D1QCk T�o t2) , �•s 5th l�ddition to the City o! 8aint paul Ra�rey C�►ty Nin�•�ota, �rs4laq to tba plat thk��rrs�! oA fil• snd o� at�cvsd in th� o!lic� of th� R�rqiwtsr o! DMd� xitwhin a��1 �or said �om�ty. Sub,��ct to kbrr sighte ot th� p�btic in ylharlock p�rkray. 1W�dr�s: 3S4 saut �lock p�tway Lot sis�: 100 by 1!0 ta�t Dated • 1; Commissioner of Public Works City of Saint Paul Commissioner of Public Utilities City of Saint Paul General Manager, Water Department City of Saint Paul Northern Sta�es Power Company gy (SEAL) Northwe tern B�l Telephone Company By ��<'' �� �f� ^ sEAL) : o �►?. � , . B� (s�L) Assistant Secretary t. . .< < � ... � . . ' • . `_ }�7 ' . ��. i . � STATE OI' MII�NESOTA ) � ) ss. . � COUN'I'Y OF RAMSL'Y ) On this day ot • 19 , before m.e, a notary public tirithin and for said County, personally appeared to me personally known, who, being by. me duly sworn; did say that he is th� . of NORTHERN ST�1TE5 POWER COMPANY, a cor.poration, named in the foregoing ins:�umez�t, � � and that the seal affixed to said instrument is th� corporaf.e seal of said corporation, and that said instrumen'� was signed and sealed in behalf oi said corporation by authority of its _ Board of Directors and said acknowledged said instrum�nt to be the free act and deed of said corporation. Notary Public, Ramsey County, Minn. My commission expires STATE OF MINNESOTA ) ) ss. COUNTY OF �arr:sey � On this «� day of , 19�, before me, a Notary Public within and for said county, pe_sonally appeared 2• F. Flerr;in� �d H. U. Christenson , to me personally known, who being each by me duly sworn did say that they are respectively the �iv. GSP & Ping Eng�g�q$� and the t�ssistar:t Secretary of the corporation named in the foregoing instrument and that the seal affixed �o 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 T. F.. Flemin� and �I. 0. Christens�n acknowledge said instrument to be the free act and deed of said corporation. 00.�.��• � � Notary Public, f�amse�__ Goun y, Minn. My Commission expires 11-26-7l� - 3 - � , �A ' THE HONORABLE MAYOR AND MEMBERS OF THE COUL�IL OF THE CERTIFICATE 4F CSTY OF SASNT PAUL INTENDED NON-USE �i'he undersigned hereby cert�fy that they do not intend to exercise their utility easement rights in the following described realty: Alley located in Block 2, Dawson's 5th Addition to the City of Saint Paul, lying south of Wheelock Parkway Dated � � - i' , 19 G -' Commissioner of Public Works City of Saint Paul ommissioner o Public Utiiities City of Sain�t Paul / `� . �' Gen M nag , Water Department C ' of Sai Paul Northern States Power Company gY (SEAL) Northwestern Bell Telephone Company sy �5�� A � • r � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this � day of • 19 , before me, a natary public within and for said County, personally appeared to me personally known, who, being b� me du�.y �hrorn, did say that he is the of NORTHERN STATES POWER COMPANY, a corporation, named in the foregoing instrument, and that the seaZ affixed to said instrument is the corpora�e 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 acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Ramsey County, Minn. My commission expires _ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On 'chis � day of • 1g , before me, a notary public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the _ of NORTHWESTERN BELL TELEPHONE CONIPANY, a corporation, named in the toregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said insi:rument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Ramsey County, Minn. My commission expires 2 � � �heet�, �reen�tein, �ertnin�� �' ._/d'o��ah ATTORNEYS AT LAW TWIN CITY FEDERAL BUILQING 112 EAST 6TH STREET ST. PAUL, MINNESOTA 55101 CONRAD A. SHEETS 224-5318 JAMES F. GREENSTEIN ROGER C. HENNINGS DENNIS J. HOLISAK D. MICHAEL NOONAN November 29� �.967 Mayor and City Council City of Saint Paul Saint Paul, Minnesota Re: 354 East Wheelock Parkway The W'ly 49.7 ft. of Lota 4, 5, 6, 7, and all of Lots 8, 9, 10 and 11, except the W'ly 95 feet thereof, and the vacated alley ad3oining a11 of said Lots, all in Block 2, Dawson's Sth Addition to the City of Saint Pau2 Ramsey County Minnesota Dear Honorable Mayor and Council: The undersigned represents Mr. Terrance M. Smith, now af Huntington Beach, Califoraia, the contract purchaser of the above captioned premises. Mr. Smith is in the process af selling the property and the mortgage company handling the financing thereof has objected to the utility reservation in the vacated alley adjoining the premises as above described. That reservation is contained in Ordinance #3394. It is our understanding that there are no utilities in the vacated alley, ' and this is to respectfully request that the City release any interest it may have to construct and maintain utilities in the uacated alley above described. Your prompt attention would be greatly appreciated as the closing date is rapidly approaching. Yaurs very truly, SIiEETS, GREENSTEIN, HENNINGS � flOLISAK ,�.,,,,.�.2-'�'1.�,�'.�:�_ �, _� . --____. t� James F. Greenst�.r� r �� F�, i�'r�°"��'� F �` �"� JFG:jm �a�3 ��D '� C�RPQ ����� G(.,a. ��ri�ry ��NSE�1 i f S'aluut�un Lnginaer . ROY E. BREDAHL, ��. C I T Y O F S A I N T PA U L A55�f vai�ano� e�9���ea. BUREAU OF VALUATIONS 286 City Hall Saint Peul, Minnesote 55102 '�'O December 12, 1967 Mr. Jerxy Segal Asst. Corporation Counsel Building RE: Utility easement release in Block 2, ' Dawsons 5th Addition - James Greenstein Dear Jerry: . The alley referred to above was vacated per C.F. No. 165635, approved September 17, 19j3. It is iqy recommendation that the utility easements be released by action of the City Council upon re- . " ceipt of signed releases �om the public and private utility companies concerned. - �erY� �Y Yours, , � �� ' , �� Pa.ul . Desch Valua.tion Technicia.n . ��Jt - . � . RF� c ��c �� V!r �R,,o�T�Q,�196� � ' N c�V�SE�, • • `l1•y �� Ana Cod�612 �� � ,P PAUL J. KELLY � 223�121 ���-I��'�. THOMAS J.STEARNS =( JON R. DUCKSTAD = ARTHUR M. NELSON �,� '�. ���' .:' JEROME J.SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY First As:istant CITY OF SAINT PAUL GERA DHHJ SWA SONCK DANIEL A.KLAS GORDON C. MOOSBRUGGER Sp�cial Auista� LE6AL DEPARTMENT PAUL F. McCLOSKEY,.1R. 316 Ci�•y Hail, St. Paul, Mineesota 55102 JOSEPH P. SUMMERS Corporotion Counsd January 2� 1968 Mr. Harry E. Marshall City Clerk Dear Sir: Attached please find resolution releasing and waiving utility easements in Block 2, Dawson' s 5th Addition to the City of Saint Paul Ramsey County Minnesota, which release was re- quested by Mr. James F. Greenstein for Mr. Terrance M. Smith. The Council , on November 30, requested that our office and the Valuation Engineer investigate this request and pre- pare the necessary waiver of utility easements. Upon adoption of this resolution by the City Council , please forward certified copies of the same, one to Mr. James F. Greenstein and the second to Mr. Gerald Isaacs, All State Properties, 490 North Dale Street, Saint Paul , Minnesota. Yours ery truly , � � me J. 5eg As istant Co orati Counsel JJS�mlp Enclosures cc: Mr. J. William Donovan Mr. Gerald Isaacs �