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215412Original to- City Clerk PRESENTED BY L 0 n, U LLJ C: o cu 0 CL a Q U V: o iL 'ORDINANCE 15412 / COUNCIL FILE NO. •-7 ORDINANCE NO.- Al File No. 215412— Ordinance W. 38—By Milton Rosen— Ordinance waiving provisions oi/ ter 228: of the Legislative Cody pY - i9 Ordinance No. 3394p, AN ORDINANCE WAIVING PROVISIONS 32. �s F OF CHAPTER 228 OF THE LEGISLATIVE CODE, WHICH IS ORDINANCE NO. 3394, AS AMENDED, RELATING TO RETENTION BY THE CITY OF SAINT PAUL OF CERTAIN UTILITY EASEMENTS IN VACATED PUBLIC STREETS, ALLEYS AND GROUNDS. WHEREAS, the Council of the City of St. Paul has enacted Ordinance No. 339+ which is presently codified as Section 228.04 of the Legislative Code of said'City, which Ordinance retains certain utility easements in the mme of said City for persons or corporations having public instrumentalities in vacated public streets,'alleys and grounds, and WHEREAS, pursuant to Council File No. 144553, approved June 18, 1948, the Council of said City by resolution did vacate and discontinue that particular public alley described as follows: The alley lying within the boundaries of Lots 21 to 27 inclusive, Block 8, Burling- ton Heights Division 2, and-; WHEREAS, the Department of Public Works by H. J. Goldberg, its Office Engineer; Northwestern Bell Telephone Company, by W.M. Johnson, its manager, Northern States Power Company,-by George W. Marboun, its Superintendent, and the Water Department of the City of St. Paul, by Clifford W. Hamblin, its General Manager, have each of them stated in writing, attached, that said Departments and Corporations do not intend using said vacated alley for purposes contemplated in Section 228.04 of the Legisla- tive Code, also known as Ordinance No. 3394, as amended, NOW THEREFORE, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: I. That the provisions of Section 228•.04 of the Legisla- tive Code of the City of Saint Paul; also known as Ordinance No. 3394, as amended, are waived as to the following described vacated I alley, viz: Yeas Attest: the alley lying within the boundaries of Lofts 21 to 27 inclusive, Block 8, Burling- ton Heights Division 2, i Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 1M 8-82 X22 Passed by the Council Approved: Tn Favor Against Mayor f - pew. � ':#F.•`. `.t _,�1�'1- '`�'�•;' •"`„i.3�� _ �•..t'' ..� OdBinal to City Clork _z - ORDINANCE COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Page 2. , upon the presentment to and approval by said Council of state- ments of intent to abandon and not use utility and other public easements in the aforesaid vacated public alley. �`• ' ' # . That said waiver of provisions of the afro ae"a d pr�rtlons. . ,�; k zG of the Legislative Code and said Ordinance shall�o- o — construed x , in waiver or relinquishment of any rights or prviege�sJ.heretofore i retained by said City, whether retained for itself or for others, save as is'herein specifically set forth? nor shall this Ordinance be construed as waiving any part or portion of Resolution No. 144553 as aforesaid. III. The costs of publication of this Ordinance shall be paid to said City by the owners of record title to said vacated public alley. IV. This Ordinance need not be published as a part of the Legislative Code of the City of Saint Paul but shall be filed and recorder) in all other respects as is required by the Charter of said City, including publication in an appropriate legal newspaper. V. This Ordinance shall take effect 30 days from and after the date of final approval, adoption and publication. Yeas Councilmen Nays Holland Loss - A&A3`ti1TSilII_ Peterson Rosen Mr. President (Vroulis) Attest: ' City Clerk IM a -so s DEC 26 199 Passed by the Council -In Favor Approved: X261963 V ' Mayor orlrinal to -city clerk PRESENTED BY �ORDINANC 2 CO NCIL FILE NO. �� ORDINANCE NO. Page 2. upon the presentment to an appr ments of intent to abandon and n easements in the aforesaid vacat That said waiver of the Legislative Code and in waiver or relinquishment retained by said City, whe save as is herein specific be construed as waiving /n, 144553 as aforesaid. The costs paid to said City by public alley. This 0 Legislative Code recorded in all said City. / X by said Council of state - use utility and other public public alley. f provisions of the aforesaid portions aid Ordinance shall not be construed f any rights or privileges heretofore r retained for itself or for others, y set forth; nor shall this Ordinance part or portion of Resolution No. publica ion of this Ordinance shall be e owner of record title to said vacated IV. inance need not be published as-a part of the f the City of S t Paul but shall be" -filed and ther respects as s required by the Charter of Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk 1114 6-02 22 Passed by the Council Approved: Mayor Tn Favor A gainst L V , DupUeate to Printer `ORDINANCE "'15412 y COUNCIL FILE NO. f, PRESENTED BY ORDINANCE NO. Pared 2. No.. upon the presentment to and.ap, ments of intent to abandon and easements in the aforesaid vac That said waiver of of the Legislative Code and sa in waiver or relinquishment of retained by said City, whether save as is herein specifically be construed as waiving any p 144553 as aforesaid. 0 The costs of publica paid to said City by the owner public alley. This Ordinance need Legislative Code of the City o recorded in all other respects said City. Yeas Councilmen Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) Attest: City Clerk I&1 6-62 22 oval by said Council of state - ot use utility and other public ed public alley. ovisions of the aforesaid portions Ordinance shall not be construed ny rights or privileges heretofore etained for itself or for others, et forth; nor shall this Ordinance t or portion of Resolution No. on of this Ordinance shall be of record title to said vacated t be published as a part of the Saint Paul but shall be filed and s is required by the Charter of Passed by the Council Approved: Mayor Tn Favor Against L� �s :e i CITY OF SAINT PAUL ROBERT E. O'CONNELL LOUIS P. SHEAHAN SPECIAL AEEIETARr - LEGAL DEPARTMENT DIRECTOR OF LAW DONALD L. LAIS CORPORATION COUNSEL January 23, 1964 City Clerk 386 City Hall St.' Paul, Minnesota Attention: Mr. Harold J. Riordan, Council Recorder Dear Mr. Riordan: We have received a letter from the office of the City Clerk regarding Ordinance No. 12626, a copy of which is hereunto attached. The letter requested the name and address of the owner of the aforesaid property in order that a bill for costs of publication may be presented to him. Please be advised that the owner of said property is William E. Ryan, whose address is 529 Burlington Road, St. Paul, Minnesota. Yours_ truly, Robert E. Faricy Assistant Corporation Counsel REF:bf r Jantaary 244 1964 H'. Villiam E* Ryan 529" Burlington Road St. Paul, Minnesota - Dear Siri Enclosed is a copy of Ordinance _6, provisions of Cbaptei 228' of the Legislative Code$ rela ti the City of Seim. Fau1 :of . certain utility easements in alley d ri in the ordinance. We call your attention to Be 'on TII se out that the costs of publication ' of this ordinance shall be pa to the c by the owners of record title tor. said vacated public w t of enclose a bill in the stmt of $17.40 , to cover the cost cation ordinance* very fly yourss - a City alerk ' F < F F!5 E O.F CT7Y CLERK BU AU OF RECORDS 1 386 City Hall and Court House St. Paul 2, Minnesota Mr. Donald. L. Lais Corporation Counsel Building Dear Sir: MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder Jan. 2, 1963 co qN 3 � ' � *4 6'f �Y With reference to the attached Ordinance No. 12626, you will note that Section III provides that the cost of publication shall be paid by the record owners of the vacated public alley. We will appreciate your advice as to the name and address of the record owner so that we may send him a bill. We have no record in the file indicating who handled this matter. i Very truly yours, // 114-6 1 City Clerk C\ RED BILL NO. 9_196 sent 1-24-64 CITY OF SAINT PAUL — MINNESOTA 8_ GEORGE M. SHEPARD �,� I T Y ". STREET AND HIGHWAY ENGINEERING COORDINATOR DEPART • �r21S4— a Mr. Robert Brandt 1832 E. Iowa Avenue St. Paul 19, Minnesota •Dear, Mr. Brandt: ••A• SAINT P';�'J jog$yE�I�I R�adIt i_� gad 40161 of Vinnesota - ��.�E�I, � Ya. Y =OF PUBLIGWORKS _ K Court Hou e�_(2_)' - M I LT ON R O Mg n ; 99 ' i±I lm . ...:�1 C. missione ; _1 s'•�u DMAM P. BEHRENS� - r r Depufy,Commi's1iottir' --- i ; x.22 _ 4 _-5- +J E V. AVERY ENGINEER :OTTER' '°+k INTENDENT 6 SANITATIONi, �• `!fir I February 15, 1963 This is written in response to your request for the release of those certain easements in the alley that was vacated under Council File 144553, Ordinance No. 1201, approved June 18, 1948. Under Ordinance No. 3394 as amended regulating the procedure and pres- cribing the conditions for the vacation of public grounds, streets,a1leys, and highways in the City of St. Paul, approved March 16, 1915, the City re- serves certain rights. However, if the release of those certain rights comes before the Council, the Department of Public 'Works plans to recommend said release inasmuch as present plans do not contemplate the use of such easements. A HJG/j d cc:, Comr. M. Rosen Mr. E. U. Avery Yours truly, 1 �r H. Goldberg Of ce Engineer Approved: v- Eugene U. Avery Chief Engi 'e r x ` Y B ■� Milton Roserpeputy Commissioner -� Commissioner of Public Works i .i • I _ i C E R T I F I C A T I O N The under signed hereby certifies that they are not presently using, that they have not used in the past, nor do they intend to use in the future those certain easements in the vacated alley situate in the following described premises to wit: Lots Twenty -six (26) and Twenty -seven (27) and those parts of Lots Twenty -one (21), Twenty -two (22), Twenty - three (23)9 Twenty -four (24) and Twenty -five (25) North - erly of a line parallel with the Southerly line of Lot Twenty -eight (28) from the Northeasterly corner of Lot Twenty -five (25) to the Westerly line of Lot Twenty -one (21), all in Block Eight (8), Burlington Heights, Divi- sion No. 2 Ramsey Co., Minn., together with vacated alley which accrued thereto by reason of the vacation thereof. Said easements are those retained pursuant to the terms of Ordinance 3394 approved March 16, 1915. Dated this Day of 1963. 'I NORTHWESTERN BELL TELEPHONE COMPANY C E R T I F I C A T I O N The undersigned hereby certifies that they are not presently using, that -they have not used in the past, nor do they intend to use in the future those certain easements in the vacated alley situate in the following described'premises to wit: Lots Twenty-six (26)�and Twenty -seven (27) and those; parts of Lots Twenty -one (21), Twenty -two (22)9 Twenty- three (23), Twenty -four (24) and Twenty -five (25) North- erly of a line Ia rallel with the Southerly line of Lot Twenty -eight (28) from the Northeasterly corner of Lot Twenty -five (25) to the Westerly line of Lot Twenty -one (21), all in Block Eight (8), Burlington Heights, Divi- sion No. 2 Ramsey Co., Minn., together with vacated alley which accrued thereto by reason of the vacation thereof. Said easements are those retained pursuant to the terms of Ordinance 3394 approved March 169 1915. Dated this day of 1963. i NORTHERN STATES POWER COMPANY Superintendent, Electric Distribution St. Paul Division Northern States Power Company 360 Wabasha St. Paul, Minnesota • r I ' a C E R T I F I C A T I O N The undersigned hereby certifies that they are not presently using, that they have not used in the past, nor do they intend to use in,the future those certain easements in the vacated alley situate in f the following described premises to wit: Lots Twenty -six (26) and Twenty -seven (27) and those parts of Lots Twenty"one ('21)9 Twenty -two (22)9 Twenty - three (23), Twenty -four (24) and Twerity -five (25) North- erly of a line parallel with the Southerly line of Lot Twenty -eight (28),from the Northeasterly corner of Lot Twenty -five (25) to the Westerly line of Lot Twenty -one (21),, all in Block Eight,(8)9 Burlington Heights, Divi- sion No. 2 Ramsey Co., Minn., together with vacated alley which accrued thereto by reason of the vacation thereof. Said easements are those retained pursuant to the terms of Ordinance 3394 approved March 16, 1915. i Dated this /::E day of e!2; a , 1963. WATER DEPARTMENT a I By r CLIFFORD W. HAMBLIN General �,T[4- LEONARD 50 _..' a . {►rFi:AC � fw* rRSS 44I till- Sl ggy 1�to/ R S�Q`J W!' TE.R DEP RTME T AINT P IJI�wMINt�IESOT -- i n- i M1 9ES.�t �-A`.!. A-1 r _ TREATMENT 14 February 1963 Mr. Robert A. Ar.andt Brandt -Quinn Company 1832 E. Iowa Avenue St. Paul 19, Minnesota Dear Mr. Brandt,: We return herewith the original and one carbon copy of a form of certification in respect of'uses of certain easements in an alley situate in Block 8, Burlington Heights, Division No. 2 Ramsey County. The original of this certificate has been executed on behalf of the Water Department by Clifford W. Hamblin, its General Manager. Yo y, v - Shpt. of WatXr Supply FWG:lm Enclosure t #ROY . HOLZER 7A Su. of Distribution F.- ALLAGHER•_� esident gb �. of GLISH ROSS A. THUM w $4 Filtration i k 0 _ • x PUMPING DISTRIBUTION 14 February 1963 Mr. Robert A. Ar.andt Brandt -Quinn Company 1832 E. Iowa Avenue St. Paul 19, Minnesota Dear Mr. Brandt,: We return herewith the original and one carbon copy of a form of certification in respect of'uses of certain easements in an alley situate in Block 8, Burlington Heights, Division No. 2 Ramsey County. The original of this certificate has been executed on behalf of the Water Department by Clifford W. Hamblin, its General Manager. Yo y, v - Shpt. of WatXr Supply FWG:lm Enclosure t It is ° I 2n r�> i �-Laid over to 3rd and app d'opted C 1� �y '� Yeas Nays Yeas Nays Dalglish H land ,v \.y Loss Mortinson Peterson 4�y Rosen Mr. President Vavoulis Dalglish Holland Loss llE inse , Peterson Rosen Mr. President 8 4�U�.2