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237874 ORIGINAL TO CITY CLHRK �_I�x�� • CITY OF ST. PAUL FIOE NCIL N�. � v ' OFFICE OF THE CITY CLERK O C UTION-GENERAL FORM PRESENTED BY � COMMISStONE DATF WHEREAS, The Council of the City of Saint Paul, by resolution, C. F. 235275, approved October 4, 196'7, did vacate the alley in Bloek 3, C. W. Youngman' s Second Addition to Saint Paul, between the easterly line of Snelling Avenue and the northerly line of Lot 7 of said Block extended easterly, said vacation reserving to the City of Saint Paul and other public instrumentalities the public utility easements contained therein and thereon; and WHEREAS, Frank M. Gaertner, Cecil J. Brussell and the Capitol City Holding Company, a partnership, have requested that the Council waive said retained easements� and the affected City departments, Northern States Power Company and Northwestern Bell Telephone Company have filed written certificate of intended non—use of reserved rights and easements, which certificate is attached hereto; now, therefore, be it RESOLVED, That the Couneil 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 contained in resolution, C. F. 235275, approved October 4, 1967, in the following described property: The alley in Block 3, C. W. Youngman' s Second Addition to Saint Paul, between the easterly line of Snelling Avenue and the northerly line of Lot 7 of said Block extended easterly; be it FURTHER RESOLVED, That the above—mentioned waiver of said easements is for the City of Sain.t Paul an.d for those persons for �` whom the Gi'ty has reserved easements in said vacated property for the installation, maintenance and operation of any sewer, water, gas or electrical main pipe or co uit of public instrumentality. FORM A ROVED �� COUNCILMEN qSSt. o oration C s Adopted by the Council 19— Yeas Nays �,,�� i�fi� Carlson � Dalglish Approved 19_.__ Holland �n Favor Meredith ' J Mayor Peterson Tedesco A gainst Mr. President, Byrne Pd�dLIS�iEO �PR g 1968 �o , r,� � . . . ,��{� . . * .� THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTENDED NON-USE The undersrgned hereby certify that they do not intend to exercise their utility easement rights in the following described realty: The entire alley in Block Three (3), C. W. Youngman's Second Addition to Saint Paul, according to the recorded plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, between the Easterly l�.ne of Snelling Avenue (vacated) and the Northerly line of Lot Seven (7) of said block extended Easterly, Dated � ��• �-- � , 1968. Commissfoner of Public W rk�!�1 r��- • City of Saint Paul C�. .� � f `.._.-�," � � �� , ,�, �.v ommissioner o Public Utilrties City of Saint Paul � � . C.=' �� Gene Manage , Water Department Ci f Saint Paul Northern State s Power Company ..- ,�� By�..C%?'`�:� --�-�--�� (SEAL) General Superintendent, St. Pau1 Division Northwestern Bell Telephone Company By / `'"� (SEAL) � A resi �r�; An d -Zr�� • . . . -�,..' -, '. � � � * i � : STATE OF MINNESOTA ) f/�=zti�P�.� ) s s. COUNTY OF-��.'Y ) On this / day of `�G�-1 , 19 � � , before m.e, a notary public within and for said County, personally appeared C G� ` to me personally known, who, being by. me c�uly aworn, did say that . he is the_��' t�,c�� S7�',ullk�of NORTHERN STATES POWER CON1PANY, a corpora ion, named in the foregoing instrument, ` , , , � rr• a •.� ...a-,�.,.�•�,,...�. a-1,t- -°---- ..1... and that said instrument was signed and sealed in behalf of said corporation said C � ��-�� acknowledged said instrument to be �he free act and deed of said corporation. ' �� , - Notary Public, R��a�e��County, Minn. , RAIPH J. `?�"AUN �y COIt1I1118S101� eX��9��ubiic,Hennepin Cou�ty, Minn. MY C� .,.� � , '9,-�l STATE OF MINNESOTA ) HENNEPIN � ss' COUNTY OF �$�d( ) On 'chis 18� day of March , I9_�,$,__, before me, a notary public within and for said County, personally appeared w. C. Huffman and E. C. Gladman to me personally known, who being by me duly sworn, did say that theyX�r�he Vice Pres. & Ass ' t Sec. of NORTHWESTERN BELL TELEPHONE CONiPANY, a corporation, named in the foregoing instrument, and tha�t the seal affixed to said instrumenic is the corporaie seal of said corporat.ion, and �cha-� said insi:rument was signed and sealed in behalf of said corpora�cion by authority of its Board of Directors and said W. L. Huffman & E. C. Gladman acknowledged said ins�rument to be the free act and deed of said corporation. a � �� M�rilyn K. Nienkerk Notary Public, X�t��X County, Minn. , � Hennepin My commis.sion expires June 14, 1973. 2 . ^ ��6121 612 ��lTV �'' y� THOMAS J�STEARNS o � �'.+ JON R. DUCKSTAD ` �°ia��!v,�^ ab ARTHUR M. NELSON ��, "` ' ti� JEROME J.SE6AL THOM/15 M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY Firrt Assis4anf CITY O� SAINT PAUL KENNETH J. FITZPATRICK GERALD H.SWANSON DANIEL A.KLAS GORDON C. MOOSBRUGGER Spsctal AuiataM LE6AL DEPARTMBNT PAUL F.McCLOSKEY,JR. 316 City Hall. St. Pa�l, Mi��seta 55102 .IOSEPN P. SUMMERS Corporation Counsel March 29� 1968 Mr. J. William Donovan �-�'I „r"-J � . Valuations En ineer L� i � { `�� g � I, J�� -��? , �" . Bureau of Valuations ;'�� ` ��;i, � _ .� � 1�,,.s�`� y" '� !;; i Attention: Mr. Paul F. Desch :,,_��_�:,,� a.�..,,....,�._�.. _ .. _. Subject : Waiver of easements in vacated alley in Block 3, C. W. Youngman' s Second Addition to Saint Paul. Dear Sir: Attached please find resolution releasing and waiving easements in the vacated alley in Block 3, C. W. Youngman' s Second Addita�n to Saint Paul. In your letter of March 27, 1968, you inadvertently referred me to vacation resolution, C. F. 190321, approved February 3, 1959, which resolution vacated a different alley in said Block 3. Will you please check C. F. 235275 approved October 4, 1g67, page 1030, 196'7 Council Proceedings, by which the City Council vacated the subject portion of alley in Block 3. If the request of the owners for release and waiver of easements in that alley vacated by the Council in 196'7 meets with your approval , please prepare a letter to the Mayor and the City Council summarizing the vacation proceedings, the request for waiver of easements and the recommendations of all departments concerned. Attached please find original Certificate of Intended Non- Use executed by the Commissioner of Public Works , the Commissioner of Public Utilities, General Manager of the Water Department , Northern States Power Company and Northwestern Bell Telephone Company dated February 21 , 1968, which original certificate should be attached to the enclosed resolution f submission to the Council. Your very truly � ome J. Se sistant Co poration Counsel JJS�mlp Enclosures �� - , ,�� ' � � � ' ' ' TELEPHONE:227-7861 WILLIAM W.FINK FIRESTONE, FINK,KRAWETZ,MILEY AND O'NEILL LINNJ.FIRESTONE ATTORNEYS AT LAW ISRAEL E.KRAWETZ 60 EA8T FOURTH STREET JAME3 P.MILEY JoSEPHT_O�NEILL ST.PAUL,MINNESOTA 55101 KENNETH J_MAAS�JR. OF COUNSEL JAMES C_NOONAN STAN J.DONAHOE PATRICK H_O'NEILL March 21, 1968 �" � �'��'��°�I� To The Honorable Mayor and City Council of the City of Saint Paul Court House Saint Paul, Minnesota 55102 Gentlemen: This office represents Messrs. Frank M. Gaertner, Cecil J. Brussell and the Capitol City Holding Company, a partnership, who together are the owners in fee of Lots 5, 6 and 7, Block 3, C. W. Youngman's Second Addrtion to Sarnt Paul, according to the recorded plat thereof on frle and of record in the office of the Regi- ster of Deeds in and for Ramsey County, Minnesota, which property rs located generally at the intersection of West Seventh Street and St. Paul Avenues. On October 4, 1967, under Council File No. 235275, the City Couneil vacated Snelling Avenue from the northwesterly lrne of West Seventh Street as widened to the northerly line of Lot ?, Block 3, C. W. Youngman's Second Addition, and also the alley in said Block 3, but in that ordinance, utility easements were re- served in the entire street and alley vacated. Utility service does exist in the vacated portion of Snelling Avenue, but no part of the alley has been used for utility services, nor is it likely that, because of the small area involved, there ever will be any use for any utility purposes of this alley. In order to permit a proper utilization of this property, it was necessary to use the land formerly occupied by the alley as vacated for a por- tion of the building on the property, whereas the vacated street has been used as part of a pa.rking lot and will remain open and otherwise unimproved. The owners have determined that neither the City nor Northern States Power Company nor Northwestern Bell Telephone �a � J ' ' The Honorable Mayor and City Coun�il, City of St. Paul -2- March 21, 1968 Company will ever have any need for the utility easements reserved in the alley portion. We, therefore, on behalf of our clients, re- spectfully request that you vacate the reservation for utility ease- ments in the alley area described in Council File No. 235275, and would appreciate your attention to this matter at your earliest con- venience. Yours respectfully, FIRESTONE, FINK, KRAWETZ, MILEY, �.�AS, ND NOONAN . �� __ By ,-,��7 �;,�� Lin�n-J. Fire stone J LJF:aj s