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237985 �� ' ' 23 ��� � ORIGINAL TO CITY CL6RK CITY OF ST. PAUL F,OENCIL N�,. ` '� OFFICE OF THE CITY CLERK COU SOLUTIO GENERAL FORM PRESENTED BY COMMISSIONE DATF WHEREAS, The Gouncil of the City of Saint Paul, by resolution, G. F. 236012, approved December 6, 1967, did vacate that part of the alley in Block 6, Ware and Hospes Addition to St. Paul, Minn. , lying between the east line of Grotto Street and the northerly extension of the east line of Lot 23, in said Block 6, said vacation reserving to the City of Saint Paul and other public instrumentalities the public utility easements con— tained therein and thereon; and WHEREAS, The Housing and Redevelopment Authority of the Gity of Saint Paul has requested that the Council waive said retained easements, and the affected City departments, Northwestern Bell Telephone Company and Northern States Power Company have filed written certificates of intended non—use of reserved rights and easements, which certificates are attached hereto; now, therefore, be it RESOLVED, That the Gouncil of the Gity of Saint Paul, pursuant to Section 228.05 of the Saint Paul Legislative Code, as amen.ded, does hereby waive the retained easements contained in resolution, C. F. 236012, approved December 6, 1967, in the following described property: That part of the alley in Block 6, Ware and Hospes Addition to St. Paul, Minn. , lying between the east line of Grotto Street and the northerly ex— tension of the east line of Lot 23, in said Block 6; be it FUR.THER RESOLVED, That the above—mentioned waiver of said easements is for the City of Saint Paul and for those persons for whom the City has reserved easements in said vacated property for the installation, maintenance �.d operation of any sewer, water, gas or electrical main, pipe or conduit of public instrumentality. FG�i���� PF�cU'v`ED � � 1968 COUNCILMEN i Adopted by the Council � 19— Yeas Nays _ , orporatia ou s �� � ���$ Carlson Dalglish Approvec� 19—__ Holland 1� Tn Favor � Meredith pQ�_ V �;;�, _ Mayor A gainst Tedesco :���, Pd��L1S�iE� APR �.� 1�� � a��.. . ..::.:���:�:�� .- -- Mr. Vice Preeid�nt (Pe:�Wz:�.�:,;.' �� , • , � J. WILLIAM DONOVAN � ��223-5317 Vduatian Engineer �7� ROY E. BREDAHL, Jr. C I T Y O F S A I N T PA L � �c.� a55�r Valuation Engineer BUREAU OF VALUATIONS 286 City Hell Seint Paul, Minnesote 55102 � A�'� �� '-� RECEIVED, APR 41968 Mr. derome Se�al CORPORATfON COUNSEI] Asst. Corporation Counsel Building Deax Jerry: Attached is the executed certificate of intended non-use, as pertains to city utilities in the alley in Block 6, Wa.re and Hospes Addition to Saint Paul, to- gether with a copy of the certificate of intended non-use, as signed by the �orthern States Power Company, but not from the P�ortln�restexn Bell Telephone Campar�y. � Sub�ect vacation was approved per C.g. No. 236012, d.a,ted Dec�mber 6, 1967, and it is, therefore, �y recomunendation that said certificate be approved by the City Council. The attached is forwaxded to your of- fice fo� p��paration of a resolution for Couneil action, to be rstm�asd te this office for submission to the City Council. Council File No. 236012—By Victor J. Tedesco— �@�T t�,"LL�„y' yOUY'3� Resolved, That upon the petition of 1 ,i I the Housing and Redevelopment Au- /� � !' � thority of the Cit of Saint Paul, that �'� / � �� section cf public alley hereinafter de- } [� 'L� U�'��`� j�' �?-Ced`�`�.�_ scribed be and the same hereby is J'. W3,uiam Donovan vacated and discontinued as a publie G°� „ allev: Valuation Engineer That part of the alley in Block 6, `7� � � i Ware and Hospes Addition to St. ,r"��� Paul, Minn., lying between the east y «� line of Gro�to Street and the north- erly extension of the east line of Lot 23, in said Block 6; subject expressly to the following con- ditions ancl reservations: 1. That the vacation be subject to alll the terms and conditions of Section 228 of the Legislative Code, as amended, regulating the procedure and prescribing conditions for the' vacation of public grounds, streets, alleys and highways in the City of Saint Paul. 2. That the owners af the property described as Lots 14 and 15, Block 6, Ware and Hospes Addition to St. Paul, Minn., acquiesce or join in the petition to vacate said alley. 3. That a specific easement be retained to protect the interests of the Bell Telephone Company. 4. That petitioners pay to the City the sum of$850 as compensation for the vacation. I 5. That in lieu of a bond the City of Saint Paul be provided with a writ- ten covenant conditioned to indem- nify and hold the City harmless from any and all damages, claims for damages, costs, charges, judg- ments, and expenses of every kind and nature arising or growing out of the vacation of the alley de- scribed in the petiti�n. Adopted by the Council Decemher 6, 1967. Approved December 6, 1967. (December 9, 1967) 1 . THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CERTIFICATE OF ' CITY OF SAINT PAUL INTENDED NON-USE T'he undersigned hereby cert�,fy �hat they do not intend to exercise their utility easement rights in the following described realty: That part of the alley in Block Six (6), Ware and Hospes Addi�ion to St. Paul, Minn. , lyin� between the East line of Gro�to Street and the Northerly extension of the East line of I,ot Twenty-three (23) in said Block Six (6), ac- cording to the plat thereof on file and of record in the office of the Re�ister of Deeds within and for Ramsey County. Datecl i�rch �7, , 19_ 68_ Coun^il Fi!e No. 236012—BY Victor J. � �� Tedesco— 7� Resolvecl, That upon the petition of Commissioner 0� P11iJ1�-C Works the Housing and Redevelopment Au- 1 thorit,y of the City of Saint Paul, that C1'ty of Saint paul section cf piiblic alley hereinaTter de- scribed be �nd the same hereb,y is vacated and disconl.inued as a public alley: '' That part of the alley in Block 6, � Ware and Hospes Addition to St. Paul, Minn., 1�>ing between the east � line of Groi;to Street and the north- CQmml$$10ne�, �f puJJllC Uta.lities er1,y extension of the east line of Lot 23, in said Block 6; • sub7ect espresslY to the following con- Clty' of Sain�t Paul ditiors and reservations: 1. That the vacation be subject to all w the terms and conditions of Section 228 of the Legislative Code, as 6 amended, regulating the procedure and prescribing conditions for the Gene � 3CJ , Water Department vacation of public grounds, streets, alleys and highways in the City o� `+1 f Sain Paul Saint Paul. 2 de cribed asWLots 14 and 15r Block 6, Ware and Hospes Addition to St. Paul, Minn., ar.quiesce or join in the I petition to vacate said alley. 3. That a specific easement be retained '� Northern Sta�tes Power Company to protect the interests of the Bell Telephone Company•to the City the 4. That petitioners pay I sum of $II50 as compens�tion for the Bc' �S �, L� vacation. s 5. That in lieu of a bond the City of ", Saint Paul be provided with a writ- ten covenant conditioned to indem- ` nif,y and hold the City harmless � from any andcosts,d charges,ejudgs for damages, ments, and expenses of every kind Northwest�lil B@1�- Telep OI1G Company and nature arising or growing out o� the vacation of the alley �e- B �S �, L� scribed in Lhe petition. y Adopted by the Council December 6, 196Z Approve Dnecember 9 6196767 �-----' � Ana Cod�612 �tiTx �R pAUI J. KELLY 223-b121 ������ THOMAS J.STEARNS o � JON R. DUCKSTAD � �_�° ; ARTHUR M. NELSON �s ' �� JEROME J.SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY Flrsf A:sistanf CITY OF SAINT PAUL KENNETH J. FITZPATRICK GERALD H.SWANSON DANIEL A.KLAS GORDON C. MOOSBRUGGER Sp�cial Auistant LE6AL DEPARTMENT PAUL F. McCLOSKEY,JR. 316 City Hall� St. Paul. Min�osota 55102 JOSEPH P. SUMMERS Corporation Counse� Ap r i 1 8� 19 6 8 Mr. Albert B. Olson Council Recorder City Clerk' s Office Subject : Waiver of Utility Easements in that part of the alley in Block 6, Ware and Hospes Addition to St. Paul , Minn. , lying between the east line of Grotto Street and the northerly extension of the east line of Lot 23, in Block 6. Dear Sir: Attached hereto is the resolution pertaining to the above waiver of utility easements and three Certificates of Intended Non- Use. Upon passage of the resolution, would you please send two certified copies of the same to Mr. John F. Bannigan, Jr. , Assistant Staff Counsel , Housing and Redevelopment Authority of the City of Saint Paul. Yours very trul , . me J. a A� istant C rporation Counsel JJS�mlp Enclosures � � � � THE HONORABLE MAYOR AND MEI�ERS OF THL COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTLNDED NON-USE The Northern States Power Company certifies that it does not intend to exercise its utility rights in the follawing described realty; That part of the alley in Block Six (6) , Ware and Hospes Addition to St. Paul, Minn. , lying between the East line of Grotto Street and the Northerly extension of the East line of Lot Twenty-three (23) in said Block Six (6) , accord- ing to the plat thereof on file and of record in the office of the Register of Deeds within and for Ramsey County. Dated at Saint Paul, Minnesota this ,�'��day of �=�Y � ,/ , 1968. NORTHERN STATES POWER COMPANY �� ----- gy �,,..^�%�i/ G�z..-.t-----� � Its General Superintendent In St. Paul Division STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) On this (S� day of h� ��� , 1968, 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 General Superintendent In St. Paul Division of Northern States Power Companq, a corporation, named in the fore- going instrument and that said instr�ent was signed and sealed in behalf of said cor- poration and said � ; �, , ��c.;�rc� acknowledged said instrument to be the free act and deed of said corporation. � Notary Public, Ramse (, u ty Minnesota �y Commission e��i;a�e�s , �: � y v i a,�. �•.. ,:�ry Pi.�i,.;, ;i�.•: � Ci�ar My Got�'1mis,sion Exp�res Ctit. 3� � � M � ' �• , � • ♦ � r / • �_ � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CERTIFICATE OF CITY OF SAINT PAUL INTENDED NON-USE The Northwestern Bell Telephone Company certifies that it does not intend to exercise its utility easement rights in the following described realty: That part of the alley in Block Six (6) , Ware and Hospes Addition to St. Paul, Minn. , lying between the East line of Grotto Street and the Northerly extension of the East line of Lot Ttaenty-three (23) , in said Block Six (6) , according to the plat thereof on file and of record in the office of the Register of Deeds within and for Ramsey County, Dated at Saint Paul, Minnesota this �7 tl'day of � o..�..��� , 1968. (SEAL) NORTHWESTERN BELL TELEPHONE COMPANY f,.-- � By � Its D i Engin�er By � Its Assi a t Sscretary STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) On this a�� day of M , 1968, before me a notray public within and for said County, personally appeared V. �. Cross and E. C. Gladman to me personally known, who, being by me duly sworn, did say that they are the Division Eagineer and Assistant Secretary of the North- western Bell Telephone Company, a corporation, named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seaZ of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and that said V. J. l:ros8 and E. C. Gladman acknowledged said instrument to be the free act and deed of said corporation, � Notary Pub ic, Ramsey ount , Minne ta My Commission Fxpirss Novsmber 26, 7Et