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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. 1 i .� ....EPT n��hr�j� 4PI? OFF, 11962 / a_ _ a. - % T(P �t