221503fRIGQj�AL TO CITY CLERK
PRESENTED BY
COMMISSION
CITY OF ST. PAUL .
OFFICE PF THE CITY CLERK
CIL RE UTION— GENERAL FORM
` I -
221503
FOENCIL NO
r I
WHEREAS, Harry I. Shapiro is the owner of Lots 5, 6 and 7,
Auditorts Subdivision No. 67, which abut vacated Westerlo Street,
said Street having been vacated pursuant to a resolution, Board
File No. 16561, adopted by the Board of Aldermen on October 21,
'1902; and
WHEREAS, it has been determined that the City of
Saint Paul had not reserved any easement for public utility
purposes in said vacated Westerlo Street; and
WHEREAS, Harry I. Shapiro desires to have removed from
his Certificate of Title No. 213206, relating to the above des-
cribed property, a memorial reserving an easement to the City of
Saint Paul.; therefore, be it
RESOLVED, That the proper City Officers are hereby
authorized and directed to execute and convey to Harry I. Shapiro
a quitclaim deed releasing any easement interest the City may
have in that portion of vacated Westerlo Street abutting and
reverting to Lots 5, 6 and 7, Auditorts Subdivision No. 67
City of Saint Paul, Minnesota, 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.
1, N.W
COUNCILMEN
Yeas Nays
--- Dalglish
Holland
Loss
,---1 Meredith
Peterson
Rosen
Mr. President, Vavoulis
10M 6-68
In Favor
Against
JAN 151965
Adopted by the Council 19—
JAN 151955
Approved 19—
2
Mayor
PUBLISHED JAN 23 1965
Roberf B. Gerber, Jr.
City Clerk and
Comnissioner of Registration
,1` �. l
"•
OFFICE OF THE CITY CLERK
I
CITY OF SAINT PAUL
BUREAU OF RECORDS
886 City Hall
St. Paul, Minnesota 55102
Dec. 22, 1964
1
/W. Stephen L. Maxwell
Corporation Counsel
Building
Dear Sir;
Alberf B. Olson
Council Recorder
The City Council referred to you for investigation the attached letter
of Berryman, Fisher & Johnson, Attorneys, representing Harry I. Shapiro,
requesting the City of Saint Paul release by Quitclaim Deed public utility
rights which have been reserved by the City of Saint Paul in vacated
Westerlo St.
truly yours,
a�
C ty Clerk
ng
A .;
O
i
t
Paz
rk
BERRYMAN FISHER & JOHNSON
I
ATTORNEYS AT LAW
i
824 ENDICOTT ON FOURTH
SAINT PAUL. MINNESOTA 55101
TELEPHONE 222.8841
AREA CODE 812 1
VERN L. BERRYMAN
FRED W. FISHER
ROBERT W. JOHNSON
RICHARD A. GRAYSON
MARK J. VIENO December 18, 1964
1
The Honorable Council of
the City of Saint Paul
City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
Gentlemen:
I
OF COUNSEL
MAYER SHAPIRO
We are counsel for Mr. Harry I. Shapiro, owner of Lots Five, Six,
Seven and Twenty -one, Auditor's Subdivision No. 67. Mr. Shapiro
requests the City of Saint Paul to release by Quitclaim Deed public
utility rights which have been reserved by the City of Saint Paul
in vacated Westerlo Street, which right has been reserved on a Cer-
ti -ficate of Title, number 213206, dated October 19, 1964.
It is our understanding that Westerlo Street, as platted, was never
constructed in the area now known as Auditor's Subdivision No. 67.
Further discussion with the Department'of Public Works has disclosed
that there has never been an installation of or plan for installa-
tion of public utilities.
The vacated portion of Westerlo Street which affects our client'
property was vacated by Resolution adopted by the Board of Aldermen
on October 21, 1902, and adopted by the Assembly on November 6,
1902, and approved on November 7, 1902. (Bd. F No. 16561) The Reso-
lution itself does not contain the reservation of public utility
rights nor does it refer to any ordinance creating a reservation
by reference to such ordinance. In view of this, it appears that
there was not a reservation of public utility rights by the City
of Saint Paul at the time of the vacation.
Consequently, we request a release of;such public utility rights
as there may be in the vacated portion of Westerlo Street affecting
I
The Honorable Council of
The City of Saint Paul
December 18, 1964
Page 2-
the following described real estate:
Lots Five (5) , Six (6) , Seven (7) and Twenty -
one (21), Auditor's Subdivision No. 67, St.
Paul, Minn., according to the'recorde plat
thereof on file and of record In the office
of the Register of Deeds in and for Ramsey
County, Minnesota.
Lots Five through Seven are registered and Lot Twenty -one is Ab-
stract. Therefore, we would appreciate separate deeds.
Thank you for your consideration in this matter.
Very truly yours,
BERRYMAN, FISHER & JOHNSON
Fred W. Fisher
FWF:lrj
cc: Robert E. O'Connell
Special Assistant, Legal Department
City of Saint Paul
Eltor A. Dehn
Valuation Engineer
Department of Finance
City of Saint Paul