207538ORIGINAL TO CITY CLERK
PRESENTED BY
COMMISSIONE
CITY OF ST. PAUL COUNCIL NO.
` OFFICE OF THE CITY CLERK "T
COUN RESOLUTION — GENERAL FORM .Flle No. 207538 — By miltonl
_a§, The City of Saint Paul)
is 1 that part of Atlantis Street,
DATE F ,V geld Avenue, lying between
Yor .;:,ye of Pascal Street and a!
�.: M, ra lel to and 180.67- feet
lin- of PV rkw..�
J, cots .Jo .&
WHEREAS, The City of Saint Paul vacated that
part of Atlantis Street, now Canfield Avenue, lying
between the east line of Pascal Street and a line drawn
parallel to and 180.67 feet west of the west line of
Parkway Addition, subject to the conditions, reserva-
tions and provisions contained in Council File No. 3875,
approved February 25, 1915; and
WHEREAS, it is now determined that no public
instrumentalities will be constructed in the above va-
cated street; therefore, be it
RESOLVED, that the reservation to construct,
maintain and operate sewer,. water, gas and other public
instrumentalities in or upon that part of Atlantis Street,
now Canfield Avenue, lying between the east line of Pascal
Street and a line drawn parallel to and 180%7 feet west
{ • .
of the west line of Parkway Addition, under C. F. 38759
approved February 25, 1915, is hereby waived.
COUNCILMEN
Yeas AT ays
_P, e, G��J 4 14 -1-1
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
S M 6_61
JUN 6 1962
Adopted by the Council 19—
JUN 6 1962
proved 19—
n Favor P.
Mayor
` gainst LL --- .�
DUPLICATE TO PRINTER 2 753
(1J7
- CITY OF ST. PAUL COUNCIL V NCIL NO. _
- OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
WHEREASO The City of Saint Paul vacated that
part of Atlantis Street, now Canfield Avenue, lying
between the east line of Pascal Street and a line drawn
parallel to and 180.67 feet west of the west line of
Parkway Addition, subject to the conditions, reserva-
tions and provisions contained in Council File No. 38715,
approved February 25, 1915; and
WHEREAS, it is now determined that no public
instrumentalities will be constructed in the above va-
cated street; therefore, be it
RESOLVED, that the reservation to construct,
maintain and operate sewer, water, gas and other public
instrumentalities in or upon that part of Atlantis Street,
now Canfield Avenue, lying between the east line of Pascal
Street and a line drawn parallel to and 180.167 feet west
of the west line of Parlaiay Addition, under C. F. 38759,
approved February 25, 1915, is hereby waived.
COUNCILMEN
Yeas Naffs
arty df
Holland
Loss —In Favor
Mortinson
Peterson
Against
Rosen
Mr. President, Vavoulis
aM G-G1
u
JU% 61%?-
Adopted by the Council 19—
JUN 6 1962
Approved 19—
Mayor
OFF "I,QE OF CITY CLERK
BUREAU. OF RECORDS'
386 City Hall and Court House
St. Paul 2, Minnesota
Mr. Robert J. Swords,
Corporation Counsel.
Dear Sir:
April 279 1962.
v s
APR 3 0 7962
CORPORA11,L1 L.
MRS. AGNES H. O'CONNELL
City Clerk
HAROLD J. RIORDAN
Council Recorder
The City Council requested that you draw a resolution
implementing the recommendation contained in the attached letter
of Eltor A. Dehn, and the attached letter of Lyngblomsten.
Very truly yours,
lr� /✓
City Clerk
CITY OF SAINT PAUL - MINNESOTA
s
ELTOR A. DEHN,
Valuation engineer'
CApital 4 -4612
J. WILLIAM DONOVAN
Assistant Valuation Engineer
FOREST W. CROWLEY,
Valuation Technician
CITY OF SAINT PAUL
BUREAU OF VALUATIONS
286 City Hall
Saint Paul 2, Minnesota
8
April 26, 1962
To the Honorable Mayor and Council
of the City of Saint Paul
Gentlemen and Madam:
Returned herewith is the application of Lyngblomsten to vacate
the easement for public utilities retained at the time Atlantis
Street was vacated.
The vacation was approved by Council File 3875_6n February 25,
1915, which date is prior to the adoption of Ordinance No. 3394,
which ordinance regulates the procedure and prescribes the con-
ditions for vacations. Said Council File 387_5 provided among
other things for the following conditions:
112. that the City of Saint Paul shall and does
hereby retain an easement in said vacated
portion of said street for sewer purposes;
3. that the said City reserves for itself and
for any public service corporations now
having instrumentalities in said street,
the right to maintain on the portion of
said street so vacated, any sewer, water main,
conduit, or public service instrumentality
therein and to enter on from time to time
for the purpose of inspecting, repairing,
removing, or replacing the same."
Neither the City Sewer nor Water Department requires the reten-
tion of any easement.
We have been advised by Mr. L. W. Anderson, District Plan Engineer
for the Northwestern Bell Telephone Company, that they have no ob-
jection to the vacation of the easement. The Northern States
Power Company advises that they are at present servicing homes
located on Midway Parkway, which abut the section of the vacated
street.
I, therefore, recommend that the utilities easement retained in
said council file be waived for the following described portion,
to -wit:
0
4
2 _
April 26, 1962
that part of Atlantis Street vacated, now
Canfield Avenue, lying between the east �b 1 +
line of Pascal Street and a line drawn
parallel to and 180.67 feet west of the
west line of Parkway Addition,
and that the matter be referred to the Corporation Counsel for
proper resolution.
jt
Respectfully submitted,
Ld'- o" V�L
E1tor A. Dehn
Valuation Engineer
i
MACKALL,CROUNSE,MOORE,HELMEY & HOLMES
LAW OFFICES
HENRY C. MACKALL
ROBERT M. CROUNSE
PERRY R. MOORE
THOMAS P. HELMEY
DONALD A. HOLMES
FLOYD E.NELSON
DONALD A. MORKEN
FREDERICK L.THORSON
JAMES B. HANNAH
WINSTON E. MUNSON
CLAY R. MOORE
CONNOR F. SCHMID
VAL M. HIGGINS
DAVID G. McGANNON
GLENN W. WHITE
JOHN L. BURBIDGE
Mayor
and
City Council
St. Paul, Minnesota
Gentlemen:
ONE THOUSAND
FIRST NATIONAL BANK BUILDING
1
FEDERAL 3 -1341
�� iblq Y ' f
AN PR 17196SOP, Pic
t�
MINNEAPOLIS 2
MINNESOTA
pril 16, 1962
This is an application to vacate a public
easement over property of Lyngblomsten. The property of the
applicant was at one time crossed by a platted public street,
then known as Atlantis Street. Our information is that the
street was never.laid out or used. The street was vacated
in 1915. The vacation retained a public easement for sewer
purposes in the vacated part of the street.
There is no sewer or other public facility
in any part of the vacated street now owned by the applicant,
and the applicant asks that all public easements retained in
the vacated street be now vacated or terminated.
Lyngblomsten has secured a rezoning of its
property for enlargement of its home for aged and infirmary.
A building permit has been granted for this construction. As
a matter of fact the building sits across the vacated street.
The presence of the public easement was discovered when
application was made by Lyngblomsten for a loan to finance
this construction.
The legal description of the applicant t s property
is as follows:
All of the Northwest Quarter of the Southeast Quarter of the
Southwest Quarter (NW' of SE4 of SW4) , Section Twenty -two (22) ,
Township Twenty -nine 129), Range Twenty -three (23) , except the
East one hundred eighty and sixty -seven hundredths (180.67)
feet of that part of the East Half of the Northwest Quarter
of the Southeast Quarter of the Southwest Quarter (E2 'T
of N
of SE4 of SW4) of said Section lying North of the center line
Of Atlantis Street, vacated and subject to rights of the
public in streets.
The legal description of the Certificate of
vacation of street in which the public easement was reserved is
as follows: Certificate , dated March 9, 1915, filed March 9, WY
MACKALL,CROUNSE,MOORE,HELMEY & HOLMES
Mayor and City Council
Page 2
April 16, 1962
1915 as Registerts File No. 472737 and recorded in Book 70 of
Miscellaneous, page 350.
This application has been made at the suggestion
of Mr. Elton Dean as a means of curing this title defect raised
by the lenderts attorneys.
We sincerely hope thatit may have your approval
and that we may have the necessary waiver or vacancy certificate
for filing with the Register of Deeds.
Yours very truly,
LYNGBLOMSTEN
By.
Its
t
April-17., 1962
Mayor o9obire A. G. Lewis brought this
letter in.
He says to notify him at
MI 4 -3235 if he should be
at the meeting when this
matter is brought up.
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