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224521 �% ' �� ' ' CITY OF ST. PAUL COUNCIL FILE N0. � •� B Resolution Ratifying and Confirming y -� Condemnation and Awards of Damages File No. I:fr71� ` and Assessment Therefor �`-------- -- ---�- � -- -- - - --- - - - ------ —- -- - --_ In the matter of � ___ _ -- - --- ... - - Openi ng, wi deni ng and extendi ng t1NIVERS I7Y AVEt•:UE by condemni ng an��ni vers i t�cAvenue ' , fo] lowing- cie�cri.bed .prooerzy.. Starting at the northeast corner or Y and ;•i9 ssi ssi ppi �S�r�e�, tk�ence 15 fect ��ndh2°�gl ocl<cal� Dayton°sMAddi �i onpto ��p i�ti , t hence s o u t hc a s t e r i y t h r o u gh Lots 5,4,3 171 feet east o� the poi nt of begi nni ng mc4sure:d on a�� ih�r hof� 1 oca�ed nwi thS n ttl�eveast thence a�est �o �he poi n't of begi nni ng; except �ha� p _ . _ _ � 1 foot of said Lo� 3, and Lot 2, except zhc east- 53 fee� thcreof; aiso starting at the southeas�.corn�r of Univcrsity A�h`"westdlMn�so{S��p�� Street, �hcnce three�feete ' ' so�rtf� iine of �University Avenue to thenca �.est�rlji through Lots 1,=�,5, and 'o, Block south on th� wes� �inQ of Pine Street, 2, Dayton's Addit'ion to a point � neIIofeMiss�ssippi Sttreet,Ythenc� souLhwesterly tiocaue ' and 20.3 f�� =a�� of th� �ast 1� , � poi nt 3�+�7 :'�e�� 5outh of the poi nt of bcyi nni ng measured on the �:ast l i ne of Hi ssi ssi ppi ' Street, thence 'nartti to tha point of bossnthat9par�so�cthQeeasti9�afootaofn�oan3,��ndent for highw:y purposes on9 over, and ac � Lot 2, except the east 53 fect thereof, �1�the�northeast corner�of Univ`ersity tAve�:�e ; tne fol I o�,i ng ciescri bcd tract= StartZ ng and Mississip�i StreQt; thence 15 f��andr2, Eil ckela�Dayton�s�Add,itionstio�a Po�nttl7l �hence southeGsterly thru Lots $,493: fect east of th� poi nt of begi nn�ng meaasr Je��ast�c ndE;rnni�y�andf acqui ri ng�thevri ght � thence west toi �he poin� o� beginning, � which shall be in tF�e natura of an easement to alt�r the grada ?o0eveetreast�oftJohnd . i n Uni versi ty Av;,nue from t1i ssi ssi ppi Street to approxi matel y F �treet, whi ch �condemnati on and acqui si t�on �na��rade14�eret'ofore`<estabi i shedrorhexi sti rg� oor interesti of� abutting property owners y 9 ' in said Universlty Avenue; and providiny therefor a�ated�Januaryg7,hlgb>rn°n �� f�r1`'�the accorciance wi th flrau:i ng Noa 94i , pavi ng drawer 12, g where Department of�Pub2ic «ort<s; and, further, providing therefor and authorizin s � ;�ate _ appropriate, awards to compensatc ab�tting owners f or ail taking or d�maging ot ,��' propzrty re�ulting to subject Po�Pbecone entitled,po¢aaRYg antOSacs}nglecaward witn ; vrnich an abutting owner may be . ; respect to each parcel, 'of abuttinc�. property. .. . � � � �su�o o e is rict Court for confiimation. '��t93'{'}}E'Y-�vp6E?�;Le�—t�t t�1@ S�3L� SSSC'S5mnnf ha anA it ic harah� APi-arminari }n ha nav�hln ;� ..� ..�..11..,. „+.. +n n•,nh n�rnnl nf l�nrl rinerrihnrl +l�o.+oi., i � . , ." " - � COUNCILMEN -. ' , Yeas Dalglish Nays . ��11 � � H'olland i ` " ' , Loss ' � . Adopted by the Council- - - Meredith =P � . �� Peterson � ,� A- • e ��' 2� � �, Rosen . • �� Vavouli5 Tn Favor � : , ) . ' Mayor -Against� �� 4, Fo� R-3. '�� ' .PllBLISHED JUL �4 1��5 . .,. . - �• . . . , - . , . -� t . , - h r , -� 1 z . CITY OF ST. PAUL �� •� � • Report of Commissioner of Finance � on Condemnation of Lands File No.—��,� . � 3 � Iri �110 llla,tt@T 0� `-` __ — �T 4 -- -- � � Openi ng, ,.�;deni nc and extendi ng UNTVERSITY AV�t•!UE Uy condemni ng and taki ng tha , ; fo1--l-owinq descri b.e d pro per$y: Starting at the northeast corner of �niversity Avanue and +Si ssi ssi pp.i Straet, tlZence 15 feet north on the east 1 i ne�of-Mi ssi ssi ppf Strect - �- -�; B1 ocl<'• 1, Da ton's Addi�i on to a po�nt `! thence southcasterly through Lots 5,4,3 a�d 2a y ' 171 feet east o�� the point of beginning r�casured on a�� thereof7loca�ednwithinttheveast ' I�? thence a�est to the noin� o� beginning; except tha p 1 foot of said !o� 3, and Lot 2, excvPnuehand�MississippitSL'i eet, tchence�eastnonathe � 'r the south�ast.corn.^.r of.Universi ty A , �; soutt� 1 i ne of �University Avenue to the U:est 1 i ne: of �i rie Strcet, thence three f eet �, south on t�� west line of Pine Street, thenco �,es�erly through Lots 1 ,4,5, and o, i3lock ; `� ,_ 2, Dayton's addition to a point 14.II �eM1SSOSSI �i Street,�thence souL•hwesterly tocaue ` , ' and 20.3 fee� eas� of the east line of PP , � point 34.7 t�eet south of the point of bcyn�;nn9 mA�s�rcondemningeand taking�an�easGment{ ,1, ' Street, thence� nort� to the poi nt of b..g ,1a z�,d • � . for highw�y purposes on, over, and across that part ��o��s�Aclditiony�whicl l�es3within � Lot 29 except the east 53 feet thcreof, D1 cc lc:,1 , D�Y i' ' the follo�ling 6describEd tracts Starting at the northeast corner of University Ave^ue ; � anci Mississipp�i Stre��; thgo�s ,�4f 3,*andr2, Block�l ,aDay�on�'soAd�ditionsto�a pointt171 ; .- thence southeasterly thru L 5a 9 , fee� cast o` the point of beginn{ng measured on tt�e north line of University Avenue; thence west to �he point o` beginning, as we1 ) a� cond��nniny and acquiring the right �,hi ch j►ai l be�i n t}�e nature of an ea1eS�reet°to1 approxematel y 200ef eetreast�of� Johnd i n Universi ty�Avenue from t�li ssi ssi pp Street, whichicondemnation and acownersi�n ana,gradelheretlofore`cestabiishedrorhexisting� or interesY of abu�ting property Y in said Univei-sity Avenue; and providiny therefor and authorizing thj 5'�a�on fileri�2the accordance wi�th Dra�:ing Noa 94i , �aving drawer 12a dated January 7, 9 Sr Department of� Pui�l i c �'�Orom9 ensate�abutti ngpownersnf orhai 1�taki ng ortdamagi ng9orhprevate appropriate, award� to c p praperty resulting to subject propertics and incorporating ail such compensat�on to . which an abutting owner may be or become entiYled, if any, into a single award witn respect to elch parcel, 'of abutting property. _,. -. _ , . . `'�; x. . " � :�•�- 3�=� � - Commissioner of Finance _ .x.r _ ' � . , � - t }, . - � - ti �I r � NOTICE OF OBJE CTION .� .In the matter of opening, widening and extending UNIVERSITY AVENUE � by condemning and taking the following described property: Starting at the northeast corner of T7niversity Avenue and Mississippi Street, thence � 15 feet north on the east line of Mississippi Street thence southeasterly through Lots 5, 4, 3 and 2, Block 1, Dayton's Addition to a point 171 feet , east of the point of beginning measured on the north line of University Avenue thence west to the point of beginning; except that part thereof , , located within the east l�foot of said Lot�3,�•and Lot 2, .except the east 53 feet thereof; also starting at the southeast corner of University Avenue and . Mississippi Street, thence east on the south line of University Avenue to ' the w�est line of Pine Street; thence three feet south on`tHe west�line of Pine Street, thenc,e. westerly through Lots 1, 4, 5 and 6, Bloek 2, -�Dayton's Addition to a point 14. 8 feet south of the south line of University Avenue and 20. 3 feet east of the east line of Mississippi Street, thence south- westerly to a point 34, 7 feet�south of the point of beginning measured on the east line of Mississippi Street;_ thence north to the point of beginning; , . � also condemning and taking an easement for highway purposes on, over and across that part of the east 1 foot of Lot 3, and Lot 2, except the , east 53 feet thereof, Block 1, Dayton's Addition, which lies within the following described tract: Starting at the� northeast corner of University Avenue and Mississippi Street; thence 15 feet north on the east line of . Mississippi Street, thence southeasterly through Lots 5, 4, 3 and 2, Block 1, Dayton's Addition, to a point 171 feet east of the point of beginning measured on the north line of University Avenue;. thence west to the point � of beginning, as we1T as condemriing and acquiring the right which shall be in the nature of an easement to alter the grade heretofore established in University Avenue from Mississippi Street to approximately 200 feet � east of John Street, which condemnation and acquisition shall include the - taking of all right, claim, or interest of abutting property owners in any grade heretofore established or existing in said University Avenue; and providing therefor and authorizing the change of grade in accordance with Drawing No. 941, paving Drawer 12, dated January 7, 1965, on file in the Department of Public Works; and, further, providing therefor and , authorizing where appropriate, awards to compensate abutting owners for all taking or damaging of private property resulting to subject properties and incorporating all sucYi compensation to which an abutting owner may be or become entitled, if any, into a single award with respect to each parcel of abutting property. ` PLEASE TAKE NOTTCE that the undersigned, on behalf - of the owners of Lots One (1), Two (2), and Three (3), Block One (1), Dayton�s Addition, hereby serves notice of objection to and appeal � from the proposed order in condemnation proceedings and the assess-� � � � ' ' ment;`-if ariy;lagain"st tYie"p"roperty-of°the undersigned-arising�-out of the� ° - ` --- - ' ��a �cn , taking of the property and the alleged improvement in connection there- with descrilIDed in the caption above. � � . i . � s 2G �:f1 � '�, � - 6� �lU� , . - - - ca�� .�.c;�.�� ,�� ;�,� - . ��r �-.�u�., ��i!�� . t . . � . t � . - A ,_ z. � ;- Said objection and appeal �are made upon the basis that the proposed award in condemnation and the proposed assessment o£ benefit to be offset against the same, if any, are or will be con- ! fiscatory, unreasonable and arbitrary, and represent less than the 4- , r fair market value of the property taken and less than the difference i in fair market value of the owner's property before the taking as .� � compared with the value after taking, and that the proposed assess� . r r • ment,to be levied against the remaining property, if any, is more than the � b enefit to said property. , ' The undersigned alleges that in fact he will have no benefit to said property from any alleged improvement and that the difference t in the value of the entire trac� before the taking and the value of the - . ? . . � - : remainder after taking is not less than $10,�000. 00. - � , „ , _ _ � �r -` Signed and dated at St. Paul, Minnesota, on this 19th day of July, 1965. � . � . � i � - _ ' ' ` JOHN BER -by.- � �,_ • � � nneth E. Tilsen of _ ' ROBIlVS, DAVzS & LYONS � � Attorneys for� John Berkman , � ; 1210 Minnesota Building � St. Paul, Minnesota 55101 1 i - � - . ,�' - - ' - • __ _ • -. : - - - --- -= - •- --�- - -- - - --- - - F 4 ' - 1 � 1 f � -�2_ . i • ' � ' r a ' � � �� . , . . I . � . � . � . �0�06� o� ��c� o� g��d�� J 0 . � � Q�g��c�o�� , . ; - . . , In the ma.tter of Opening, widening �nd extending UNIVERSITI' AVENiTE by condemning and taking �he - fol7.owing described properCyt Starting at thc� not�theas� corner of University Ave- nue and Mississippi Street, �hence 15 feet norCh on Che easC ].ine of M3.ssiasippi Street thenc� southeastesly thsough Lo�s 5, �, 3 and 2, B1ock 2, Day�on°s Addition to a point i71 feet east o€ the point of beg3nning measured on the north line of , University Avenue r�hence wesC �o the point of beginning; except that part thereof located within �he east 1 foo� of• said Lot 3, and Y.ot 2, except the east 53 feet tihereof; also atarting at �he southr�ast cornQ� of UniversiCy Avenue and Missiasippi ' Street, thence east on the south line of University Avenue to the wesC line of Pine . Street, thence thrae feet 8outh on the west line of Pine Street, �henca westerly through I.ots 1, 4, S a�d 6, Block 2, Dayton's Add3.�ion to a poin� 14�.8 feet south of the south line of University Ave�ue and 20.3 £ee� �ast of �he east line of Missi'ss- ippi Street, thence sou�hwesterly to a point 34.7 feet south of the point•of beginn- ing� measured on the east line of Mississippi Street, thence north to the point of ba- ginning; also condemning and taking an easemen� for highway purposes on, over and • ac�oss that part of the easC 1 foot of Lot 3, and Lot 2, except tha east 53 feet , Chereof, Block Z, Dayton's Addition, which li�s withia the following described tract: Starting at the norChess� coraez of Univereity Avenue and Mississippi Street; thence • , 15 feet north on the easC Iine of Miss3.ssipp3. Street, thence southeas�erly through � Lots 5, 4, 3 and 2, B1ock 1, Day�on's Addi�ion, to a point 173. feet.east of the po�nt . of beginning m�asuzed on the north line of Universi�y Avenue; thence west to the point of beginning, as well as condemning and acquiring the right which shall be in the nature of an easea�ent to alter Che grade heretofore established ia University Avenue from Mississ3.ppi Stree� to approximately 200 feet eaat of John St�eet, which - condemnation��at�d acquisikion sha11 include the tiaking of all right, cla3.m, or ,inter- ' est of abutting prc+rerty owners in an� grade heretofore establiEhed or existing in � said Univ�rsity Avenua; and providing therefore and authorizin� the change of grade in accordance with Drawing I�o. 941, paving Drawer 12, dated Januarq 7, 1965, on file in the Dapartment of Public Wo�ks; and, further, providing therefore and suthorizf.ng where appropriate. , awards to compensa�e abutting owners for all taking or damaging of private property resulting to sub�ect properties and incorporating alY such cam- pensation to which an abutt3.ng owner may be or become entitled, if any, iato a single award with respec� to each pa�cel of abutCiag propertq. • - - - - � ; FI ! F4� " . July 20, 1965 � . � . � � � , City Council . � . . • ' City of Saint Paul ' 965 �j�� ZO �}� � 51 , St. Paul, Nlinnesota •, � " -- . . . ' , CITY C�.t��`,'S �t'�� Gentlemen:� , . � ; SA1�iT ��UL� �1��. . I hereby object to the taking of my lands and the award of damages for the taking. . ,, . - [ ' . � � ��1 - G�7.c�Gl.�CL/f � a� ' - Ntichael Marchek �