237986 OR161NAL TO CITY CLBRK 23�986
.. CITY OF ST. PAUL F,OE NCIL N�,.
. OFFICE OF THE CITY CLERK
COUNCIL RE LU ION—G N L FORM
PRESENTED BY
COMMISSIONE ATF
WHEREAS, The Council of the Gity of Saint Paul, by
resolution, G. F. 161345, approved September 24, 1952, did
vacate that part of Bellows Street extending from Indiana
Street south to the foot of the cliff, said vacation reserving
to the City of Saint Paul and other public instrumentalities
the public utility easements eontained therein and thereon; and
WHEREAS, The Housing and Redevelopment Authority of
the City of 5aint Paul has requested that the Council waive said
retained easements, and the affected City departments, Northern `
Statea Power Company and Northwestern Bell Telephone 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 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 contained
in resolution, C. F. 161345, approved September 2#, 1952, in the
following described property:
That part of Bellows Stree.t extending
'- from fadiana Street south to the foot
of �he cliff; --
be it
FURTHER RESOLVED, That the above.-mentioned waiver of said
�asements is for the City of Saint Paul an.d for those persons for
whom the Gity has reserved easements in said vacated property for
�he installation, maintenance and operation of any sewer, water,
gas or electrical main, pipe or conduit of public instrumentality. ,
FORM APPROVED
rporation el
�a� � 19�8
COUNCILMEN Adopted by the Counci� 19—
Yeas Nays
Carlson f�� `� ����
Dalglish � Approved 19—._
Holland Tn Favor
Meredith Mayor
n,.s.,.,...,.., U ���
A gainst
Tedesco
owm�������:.���� P���E�►E� APR 1� 1�
Mr, Vice Preeident (Yet�arson)
�O
4 •
J. WILLIAM DONOVAN � � 223-5317
Valuation Engineer
ROY E. BREDAHL, ��. C I T Y O F S A I N T PA L �� � �
Ass�t Valuotion Engineer BUREAU OF VALUATIONS
286Ci+yHell RECEIVED;
Seint Paul, Minnesota 55102
- � APR 41968
March 27, 1968 CORPORATION COUNSE�
Mr. Jerome Segal
Asst. Corporation Counsel
Building
Dear Jerry:
Attached is the executed certificate
of intended non-use, as pertains to city utilities in
Bellows Street extending from Indiana Street south to
the foot of the cliff.
Subject vacation was approved per
C.F. No. 1.61345, dated September 24, 1952, and it is,
therefore, rr�y recommendation that said certificate of
intended non-use be approved by the City Council.
The attached is forwarded to your
office for preparation of a resolution for Council a.ction,
to be returned to this office for submission to the City
Council.
Very truly yours,
� / / fn
�� �y(��,,,(�,.�L'i.L'�'�:.Ye..�iC.�,E"7eGtJ°✓�-G�iG/� .
. William Donovan
Valuation Engineer �✓�
/�
C. F. No. 161345—By Milton Rosen—
Resolved, That upon the petition of
The Villaume Box and Lumber Com-
P�/�'t pany and others, the street herein-
after described be and the same is
l.ereby vacated and discontinued as a
public street, viz.: that part of Bellows
Street extending from Indiana Avenue
south to the foot of the cliff; subject
expressly to the following conditions
and reservations: '
(1) All the conditions, reservations
and provisions contained in Ordinance
l�io. 3394, as amended, entitled "An
ordinance regulating the procedure
and prescribing the conditions for the
vacation of public grounds, streets,
alley and highways in the City of Saint
Paul," approved March 16, 1915.
(2) The bond provided for in said
ordinance, to be filed by said peti-
tioners, is hereby fixed'at the sum of
?2,000.00.
(3) Said petitioners shall pay to the
City of Saint Paul the �sum of $500.00,
touether with the costs of this vaca�
tior, proceeding.
Adopted by the Council September
24, 1952.
Approved September 24,1952.
(September 27, 1952)
THE HONORABLE MAYOR AND MEI�SBERS
OF THE COUNCIL OF THE CERTIFICATE OF
CITY OF SATNT PAUL INTENDED NON-USE
The undersigned hereby cert�.fy that they do not intend
to exercise their utility easement rights in the following
described realty:
That part of Bellows Street extending t'rom Indiana
Avenue south to the foot of the cliff
Dated March 27, , 19 68
�
�
Commissioner of Public Works
C. F. No. 161345—By Milton Rosen— C1tI7 Qf Sa�.1�1t PauZ
Resolved, That upon the petition of
The Villaume Box and Lumber Com-
pany and others, the street herein-
after described be and the same is �+ -�'�–•'" l
l�ereby vacated and discontinued as a ,/
public street, viz.: that part of Bellows �/
Street extending from Indiana Avenue
south to the foot of the cliff, subject Commissioner of Publie U�Cl�.l'tle
expressly to the following conditions
and reservations: (,'1t�7 of Sain� Paul
(1) All the conditions, reservations
and provisions contained in Ordinance
1�,'0. 3394, as amended, entitled "An
ordinance regulating the procedure
and prescribing the conditions for the ' � *
vacation of public grounds, streets,
alley and highways in t e City of Saint
Paul," approved Mar 16, 1915. Wa�er DePartment
(2) The bond vided for in said
ordinance, to filed by said Pet�- Gene M , age �
tioners, is hereby fixed'at the sum of
s2,000.00. Cit f Ssiri Paul
(3) Said petitioners shall pay to the
City of 5aint Paul the �sum of $500.00,
to�ether with the costs of this vaca-�
tior, proceeding.
Adopted by the Council September
za, rs5a. Northern Sta�es Power Company
Approved September 24, 1952.
(September 27, 1952)
By -- (SEAL)
Northwest�rn Bell Telephone Company
gY, (SEAL)
CERTIFICATE OF INTENDED
NON-USE
T0: THE HONORABLE MAYOR
and
COUNCIL OF THE CITY OF SAINT PAUL, MINNESOTA
The Northern States Power Company hereby certifies that it does not intend
to exercise its utility rights to the following described real estate, situated in
the City of Saint Paul, County of Ramsey, State of Minnesota, to-wit:
That part of Bellows Street extending from Indiana
Avenue south to the foot of the cliff, according to
the plat thereof on file and of record in the office
of the Register of Deeds within and for said Ramsey
County.
Dated At Saint Paul, Minnesota this 16th day of February , 1968.
NORT STATES POWER COMPANY
� �+• �.�..� -. F..
By
ts Superinten ent o Gener 1 Servfces
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
;..a^
On this_ ' ` day of ��_u �; , 1968, before me a notary public within
t ; j`,; C_ '
and for said County, personally appeared �-�;..-.._-;�rc �i�� ;, �., � `t�_ ✓ to me
5�� �
personally known, who, being by me duly sworn, did say that he is thec� �i�; �J Q_,,..{,����,.,
,;
of the NORTHERN STATES POWER COMPANY, a corporation, named in the foregoing instrument,
� .�..... ..�.,. .,, .,�.�• a } •� « .,. ..�. .. ,
� •a
�
and that said instrument was signed a,�.���i.�d on behalf of said cor�oration lwg••�ik��s
, c� �. ,
and said � �_�,.__�.,� �( �:'y � ( r `_a�,.�_..� acknowledged said
�' � (.
instrument to be the free act and deed of said corporation. �
� �� � ��� _ �i�,
;,., � ��
N t Pub],ic_. ` `
. _ ,1?!�„":K
; �a!r::;ai�.��,�ti;';.
. _...,�..__�i�ti l.x�:, :
CERTIFICATE OF INTE�lDED
NON-USE
T0: THE HONORABLE P�AYOR
and
COU�JCIL OF THE CITY OF SAINT PAUL, MTfdNESOTA
The Northwestern Bell Telephone Company hereby certifies that it does
not intend to exercise its utility easement rights to the following described
real estate, situated in the City of Saint Paul , County of P.amsey, State of
Minnesota, to-wit:
That �art of Bellows Street extending from Indiana
Avenue South tc the foot of the cliff, according to
the plat thereof on fil� and of record in the office
of the Register of Deeds wlthin and for said Ramsey
County. ,
Dated at i�inneapolis, h1innesota, this 1Gth day of February, 1968.
NORTHtnIESTERf�! BELL TELEPHON C biPANY�
By
Its� �ice P eside %
And Its � 1i1/�"%� -�-✓l�� °( �:%,�
STATE OF MI�lfVESOTA, Assistant Secretary
SS.
COUNTY OF HEN(�EPIN,
On this 14th day of February, 1968, befere me, a Notary Public within
and for said County, �ersonaily appeared !�. L. Huffman and J. M. Hornish �o
me personally known, who, being by m2 duly sworn, did say that they are the
Vice President and F?ssistant Secretary of the Northwestern Bell Telephone
Company, a corporation, named in �he foregoing instrument, and that the
seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was siqned and sealed on behalf of said corporation
by authcrity of its Board of Directors ard said l�f. L. Huffman and J. P�. Nornish
acknourledged said instrument to be the free acz and deed of said corporation.
/���� �/��r.�,�.��
Mari lyn �.. �li enkerk', Notary Publ i c
Hennepin County, i�innesata
My Commission Expires June 4, 1973.
�
3, CERTIFICATE OF INTENDED
�' NON-USE
T0: THE HONORABLE MAYOR �
and �._
COUNCIL OF THE CITY OF SAINT PAUL, MINNESDTA
The Northwestern Bell Telephone Company hereby certifies that it does
not intend to exercise its utility easement rigfi ts to the following described
real estate, situated in the City of Saint Paul�; County of Ramsey, State of
Minnesota, to-wit:
That part of Bellows Street extendingt�rom Indiana
, Avenue South to the foot of the cliff� ;according to
the plat thereof on file and of recor� �n the office
of the Register of Deeds within and fo� said Ramsey
County.
Dated at Minneapolis, Minnesota, this 14th�'day of February, 1968.
NORTHWESTERN;�ELL TELEPHO COMPANY
` By
Vi ce� resi
. ,
An d I ts �.�.;�".��r.����:�`i,f�r'�..a;%°r�i'
STATE OF MINNESOTA, �Assistant Secretary
SS.
COUNTY OF HENNEPIN,
On this 14th day of February, 1968, before tpe, a Notary Public within
and for said County, perso�ally appeared W. L. Huffman and J. M. Hornish to
me personally known, who, being by me duly sworn� did say that they are the
Vice President and Assistant Secretary of the Nol�thwestern Bell Telephone
Company, a corporation, named in the foregoing i�t-strument, and that the
seal affixed to said instrament is the corporate'seal of said corporation,
and that said instrument was signed and sealed Qi� .behalf of said corporation
by authority of its Board of Directors and said t�::. L. Huffman and J. M. Hornish
acknowledged said instrument to be the free act �nd deed of said corporation.
.
Ma i yn . i e , otary ub ic
Hennepin Coun��t, Minnesota
My Cormni ssi on Expi res June 4, 1973.
�. � .
�C�"2 ��G`7Y op`` THOMAS JE STEARNS
�121 R` y�
' � ..a ;....: � JON R. DUCKSTAD
� ���� �a AR7HUR M. NELSON
�s 1y " �� JEROME J.SEGAL
THOMAS M. MOONEY
ROBERT E.O'CONNELL JAMES W. KENNEY
Flrst Auistanf CITY OF SAINT PAUL KENNETH J. FI7ZPATRICK
GERALD H. SWANSON
DANIEL A.KLAS GORDON C. MOOSBRUGGER
Speelal As:istant LEGAL DEPARTIiAENT PAUL F. McCLOSKEY,JR.
316 Cify Hall. St. Poal. Mioaesota 5810Z
.IOSEPH P. SUMMERS
Corporetion Counssl Ap r i 1 8� 19 6 8
Mr. Albert B. Olson
Council Recorder
City Clerk' s Office
Subject : Waiver of Utility Easements --
That part of Bellows Street
extending from Indiana Street
south to the foot of the cliff.
Dear Sir:
Attached hereto is the resolution pertaining to the above
waiver of utility easements and three Certificates of Intended Non—
Use. I am also attaching the original petition for waiver of
utility easements.
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.
Your very truly,
.
r e J. S al
A stant C rporation Counsel
JJS�mlp
� Enclosures
���
PETITION FOR WAIVER OF RESERVATION OF
EASEMENTS IN THAT PART OF BELLOWS
STREET EXTENDING FROM INDIANA AVENUE
SOUTH TO THE FOOT OF THE CLIFF
T0: THE HONORABLE MAYOR
and
THE COUNCIL OF THE CITY OF SAINT PAUL
Your Honorable Body by its Resolution, Council File No. 161345 adopted and
approved September 24, 1952, did vacate the easement for street purposes in that part
of Bellows Street extending from Indiana Avenue South to the foot of the cliff, subject,
however, to the following, to-wit:
1. All the conditions, reservations and provisions contained in Ordinance
No. 3394, as amended, entitled "An ordinance regulating the procedure
and prescribing the conditions for the vacation of public grounds, streets,
alley and highways in the City of Saint Paul," approved March 16, 1915.
2. The bond provided for in said ordinance, to be filed by said petitioners,
is hereby fixed at the sum of $2,000.00.
3. Said petitioners shall pay to the City of Saint Paul the sum of $500.00,
together with the costs of this vacation proceeding.
Your Petitioner, the Housing and Redevelopment Authority of the City of Saint
Paul, Minnesota respectfully calls the attention of the Council of the City of Saint Paul
to its Resolution, Council File No. 218207, adopted and approved May 9, 1964, wherein it
approved the "Redevelopment Plan for the Riverview Industrial project" which provides,
in part, as follows, to-wit:
"The types of action proposed in Riverview Industrial Project is clearance
and redevelopment. Proposed public actions in the Riverview Industrial Pro-
ject Area comprise a combination of the following activities: acquisition of
properties, relocation of site occupants, property �anagement, demolition of
structures, site preparation, widening and reconstruction of streets and util-
ities, vacation of streets and alleys, perfectin� a fee simple title to pro-
iect land by mer�int� estates; elimination of easements and other subservient
interest, assembly of project lands into disposition parcels, disposition of
land for public and private use and enforcement of Redevelopment Plan require-
ments and other related redevelopment activities." (Emphasis added)
Furthermore, your petitioner respectfully refers the City Council to that
agreement entitled "Cooperation Agreement Respecting Riverview Industrial Project,
Minn. R-26" dated the 9th day of June, 1964 by and between the City of Saint Paul and
the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota wherein is
provided as follows, to-wit:
"The City, in the manner provided by law, in particular MSA Section 462.581
and Section 129 of the City Charter of the City of Saint Paul, Minnesota,
shall vacate public streets, alleys and oth�public ways as provided in the
Redevelopment Plan, all without cost to the Authority or effected property
owners, and shall accept dedication of streets and rights-of-way as provided
in the Redevelopment Plan without cost to the City."
- 1 -
. ' . _
In order to accomplish the goals as set forth in the Redevelopment Plan of
". . . . . .perfecting a fee simple title to project lands by merging estates, elimination
of easements and other subservient interests. . . ." it will be necessary to obtain from
the City of Saint Paul a resolution waiving all the conditions, reservations and provisions
contained in Ordinance No. 3394,as amended, as it pertains to the part of Bellows Street
extending from Indiana Avenue South to the foot of the cliff and also to show by said
resolution that the bond and compensation requirements conditioning the vacation have
been met by the previous petitioners for vacation.
WHEREFORE, your petitioner herein, the Housing and Redevelopment Authority of
the City of Saint Paul, Minnesota,respectfully requests your Honorable Body to waive the
provisions of the Saint Paul Legislative Code, as amended, pertaining to the reservation
of easements, rights and claims for the installation, maintenance and operation of any
sewer, water, gas or electrical main pipe or conduit of public instrumentality for the
City of Saint Paul and for other persons or corporations having public instrumentalities
in the vacated streets or levees be waived upon the presentation to and approval by the
City of Saint Paul of Certificates of Intended Non-Use of utility and other public ease-
ments in that part of Bellows Street extending from Indiana Avenue South to the foot of
the cliff. �/
f
Dated at Saint Pau1, Minnesota thi�day of January, 1968.
HOUSING AND REDEVELOPMENT AUTAORITY
(SEAL) OF THE CITY OF SAINT PAUL, MINNE TA
sy
Edward N. Helfeld
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
Edward N. Helfeld, being duly sworn, says that he is the person named in and who
executed the foregoing Petition in behalf of the Housing and Redevelopment Authority of
the City of Saint Paul, Minnesota, a corporation,. that he is the Executive Director of
said corporation, that the seal attached hereto is the corporate seal of said corporation,
that he signed and sealed said Petition by authority of its Board of Commissioners and
that he has read and knows the contents thereof, and that the same are in all things
true as set forth herein.
Edward N. Helfe
Sub ' � swo before me
, 1968.
oh F. Ban igan, tary P lic
__a� County, Mi esota
ommission expi es J . 9, 1971.
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