202703ORIGINAL TO CITY_rLERK
PRESENTED
COMMISSIi
j
''Council File No. 202703 —By Bernard T.
CITY OF ST. P ` frolland-
Whereas, By Council File No. 200504,
approved January 20, 1961, the alley in
OFFICE OF HE CI Block 2, Dayton's Addition, was va-
cated and the surrounding property
ESOL ION —
has been taken over by the Westing-
house Electric Corporation, and in said
Council File there is a reservation
J which provides as follows:
"The City shall reserve and hereby
does reserve to and for itself and
to and for any persons or corpora-
tions having }public instrumentalities
in the vacated property, the right to
r- 1s�t�a1_q m2i�tain „anti _aT'P- n2t_:�an'vJ
wr
2,02703
WHFRW, by Council File No. 200504, approved January 20,
1961, the Alll.ey in Block 2, Dayton's lddition, was vacated and the
surrouddipg property has been taken over by the Westinghouse
Electric Corporation,•and in said Council File there is:a reservation
which provides as follows:
"The City shall reserve and hereby does reserve
to .and for itself and to and for any persons or
corporations having public instrumentalities
in the vacated property, the right to install,
maintain and operate any sewer, water, gas or
electric main, pipe or conduit, or any other
public instrumentality in or upon the vacated
property and to enter upon such property or
any portion thereof at any time and from time
to time for the purpose of reconstructing,
inspecting, maintaining or repairing same."
;
WAE EA- S,-after thorough investigation it has been found
that the Saint Paul Sewer Department, Saint Paul Water Department, -
Northern States Power Company and Northwestern Bell Telephone Company
:Eft making no use of the easterly 14$.75 feet of said alley; therefore,
be it
RESOLVED, that the City waives said provision of said
Council File No. 200504.) with respect to the easterly 145.75 feet
of said alley.
COUNCILMEN
Yeas Nays
DeCourey
Loss
Mortinson
Peterson
Rosen
Mr. President Wis
ISM 5.60 Q10.2
Adopted by the Cioull477 N 2 2 KQ 19—
JUN 22 133111
J Approved 19-
J _.
In Favor
Mayor
Against /
PUBLISHED.I — 9Co
OFFICt 'OF CITY- CLERK
BUREAU OF RECORDS
386 City Hall and Court House
St. Paul 2, Minnesota
Mr. Robert J. Swords,
Corporation Counsel.
Dear Sir:
MRS. AGNES H. O'CONNELL
• City Clerk
HAROLD J. RIORDAN
Council Recorder
RECEIVER 202, 03
'J U N 16 1961
CORPORATION COUNSEL
June 16, 1961.
The City Council requested that you draw a resolution
releasing the possible retention of certain easements for utilities
which may have been retained by the City under the provisions of
C. F. 200504, approved January 20, 1961, vacating the alley in
Block 2, Dayton's Addition.
Attached is a letter of Eltor A. Dehn making a recommen-
dation in the matter, also a letter of the attorneys for Westinghouse
Electric Corporation and various other letters.
Very truly yours,
,:: � f7 � 7 1jz -" e
- -- rk C \,�
INNESOTA
LEONARD G. SEAMER,
Valuation Engineer
ELTORA.DEHN, CITY OF SAINT PAUL
Atss; r.,rs;•-� I Valuation Engineer
FOREST W. CROWLEY,
BUREAU OF VALUATIONS
Valuation Technician 266 City Hall
Saint Paul 2, Minnesota
°° 8
June 15, 1961
To The Mayor and Council
of the City of Saint Paul
Gentlemen and Madam:
Returned herewith is the request of the
Westinghouse Electric Corporation, through its attorneys, that the
City waive the provision of Ordinance No. 3394, Section 4 (c) as
amended, which provides as follows:
"The City shall reserve and hereby does reserve to and
for itself and to and for any persons or corporations
having public instrumentalities in the vacated property,
the right to install, maintain and operate any sewer,
water, gas or electric main, pipe or conduit, or any
other public instrumentality in or upon the vacated pro-
perty and to enter upon such property or any portion there-
of at any time and from time to time for the purpose of re-
constructing, inspecting, maintaining or repairing same."
CApital 4 -4612
Attached to the request are signed statements by the Northwestern Bell
Telephone Company, The Northern States Dower Company, and the Water
and Sewer Departments of the City of St. Paul to the effect that they
are not using the alley for any of the purposes noted in the,quoted
section of Ordinance No. 3394, which is indexed as Section 228.04, Sub.
c,.in the current legislative code and deals with the - conditions attach-
ing to the vacation of streets and alleys.
Council File No. 200504, approved January 20,
1961, vacated the alley in Block 2, Dayton's Addition, subject to the
conditions of the above noted ordinance. The Westinghouse Electric
Corporation are the owners of the property abutting the easterly
148.75 feet of the vacated alley and relaxation is requested for this
portion only.
In order to permit the corporation to erect
the type of facility desired, I recommend that the request be granted
and that the matter be referred to the Corporation Counsel for the
proper resolution.
Very truly yours
Eltor _A. Dehn
Valuation Engineer
jt
OFFICE OF CITY CLERK
BUREAU OF RECORDS •
386 City Hall and Court House
St. Paul 2, Minnesota
June 8, 1961.
Mr. Eltor Dehn,
Valuation and Assessment Engineer.
Dear Sir:
MRS. AGNES H. O'CONNELL
City Clerk
HAROLD J. RIORDAN
Council Recorder
The City Council referred to you for recommendation the attached
letter of Cant, Haverstock, Beardsley, Gray & Plant requesting that the
City relinquish and give up any public utility rights reserved to the City
by C. F. 200504, vacating an alley in Block 2, Dayton's Addition. Also
attached are copies of letters of Northwestern Bell Telephone Company,
H. J. Goldberg, Leonard N. Thompson, and G. E. Peterson for Northern
States Power Company.
If the City has no objection to granting the request, the
Council requests that you take the necessary proceedings.
Very truly yours,
10y"
City Clark
MINNESOTA
CANT, HAVERSTOCK,BEARDSLEY, GRAY & PLANT
220 ROANOKE BUILDING
MINNEAPOLIS 2, MINNESOTA
HAROLD G.CANT
HENRY W. HAVERSTOCK
A. LYMAN BEARDSLEY
FRANKLIN D. GRAY
FRANK W. PLANT, JR.
JOHN W. MOOTY
KENNETH M. ANDERSON
ROBERT F. HENSON
MELVIN R. MOOTY
EDWARD M.AR U NDEL
RUSSELL M. BENNETT
CLINTON A. SCHROEDER
ROBERT L.HELLAND
JAMES S. SIMONSON
LAWRENCE E.NERHEIM
LARRY R. HENNEMAN
RICHARD N. FLINT
JOEL P. SMITH
�7o a
3
FEDERAL 2 -7383
June 21, 1961
Mr. Dehn
Bureau. of Valuation
Court House
St. Paul, Minnesota,
Re: Vacated Alley in Block 2, Daytons
Addition
Dear Mr. Dehn:
Pursuant to your requests I have obtained a statement
from the Western Union Telegraph Company indicating
that Western Union. is not making any use of the above alley.
I am enclosing that statement with this letter so that your
files may be complete.
Very truly yours,
CANT, HAVERSTOC,K, BEARDSLEY,
GRAY & PLANT
By JQ'6� /p,
L.RH:jma
Enc.
4
0
,f YI
CANT, HAYERSTOCK,BEARDSLEY, GRAY & PLANT
220 ROANOKE BUILDING
MINNEAPOLIS 2, MINNESOTA
HAROLD G. CANT
HENRY W. HAVERSTOCK
A. LYMAN BEARDSLEY
FRANKLIN D. GRAY
FRANK W. PLANT, JR.
JOHN W. MOOTY
KENNETH M. ANDERSON
ROBERT F. H €NSON
MELVIN R. MOOTY
EDWARD M.ARUNDEL
RUSSELL M. BENNETT
CLINTON A.,SCHROEDER
ROBERT L.HELLAND
JAMES S. SIMONSON
LAWRENCE E.NERHEIM
LARRY R. HENNEMAN
RICHARD N. FLINT
JOEL P. SMITH
The City Council
City of St. Paul
c /o. Mr. Riordon
City Clerk.'s Office
386 Courthouse
St: Paul, Minnesota
Re: Block 2, Dayton's Addition to St. Paul
FEDERAL 2 -7383
June 6, 1961
To The Honorable Mayor and Councilmen of the City of Saint Paul:
Gentlemen:
On January 2.0; 1961 the City Council of the City of Saint Paul
duly passed a resolution being Council File No. 200504,for the vacation
of the entire alley in Block. 2, Dayton's Addition to St. Paul. Since that
date the petitioner in the alley vacation proceedings, Westinghouse Electric
Corporation, has complied with the terms and conditions of said resolution.
Westinghouse Electric Corporation, the present owner of that
portion, of the vacated alley contiguous to the portion of said Block 2 owned
by it, has. commenced a registration proceeding seeking to register its
title to the Easterly 148.75 feet. of the vacated alley and to its other property
in said Block 2. The report of the Examiner of Titles, recommends that the
petition be granted subject to the provisions of Administrative Ordinance
No. 3394, Sec. 4.,(c), as amended, which provides. as follows:
"The City shall reserve and hereby does reserve to and for
itself and to and for any persons or corporations having
public, instrumentalities in the vacated property, the right
to install, maintain and operate any sewer, water, gas or
electric main, pipe or conduit, or any other public instru-
mentality in or upon the vacated property and to enter upon
such property or, any portion thereof at any time an-a from
time to time for the purpose of reconstructing, inspecting,
maintaining or repairing same. "
The City Council
Page 2,
June 6, 1961
Westinghouse Electric Corporation proposes to erect a building upon its
property in Block 2, Daytones. Addition to St. Paul, and the proposed
building will be located partly upon the vacated alley. Under the cir-
cumstances the reservation in said. Sec. 4 (c) would, of course, be
undesirable for many reasons. and as attorneys. for Westinghouse Electric
Corporation, we request that the City Council waive any rights it may have
in said portion of the vacated alley owned by it by reason of the provisions of
said. Sec. 4 (c).
In this. connection, we respectfully invite the Council's attention
to the attached statements of the St. Paul Sewer Department, the St. Paul
Water Department, the Northern States Power-Company and the North-
western Bell Telephone Company. Their statements show that there is no
use being made of the Easterly 148.75 feet of said alley by any of the
utilities concerned.
For the reasons set forth above we respectfully request that. the
Council waive the rights reserved, by Administrative Ordinance No. 3394,
Sec. 4 (c), as amended, as to the. Easterly 148.75 feet of the vacated alley
in Block 2, Dd9ton's Addition to St. Paul.
Very truly yours,
CANT, HAVERS.TOCK, BEARDSLEY,
GRAY & PLANT
BY
MRM:jma
Enc.
i
t
U
G
The Northwestern Bell Teiephone Company is not making any
use o f the East 148..75 feet of the alley in Block 2, Dayton's Addition to
a
St. Paul, Minnesota.
Dated: May 'Y� 1961.
George . Peterson
District Plan Engineer
Northwestern Bell Telephone Company
The records of the St. Paul Sewer Department indicate that
there is no use being made by this Department of the .alley in B i o c k 2,
Dayton's Addition to St.. Pa.ul,- - Mi.nnesota.
Dated May 2S , 1961.
..r
.
E ineer
of��c�
The records of the St. Paul Water Department indicate that there
is no use being made of the .alley in Block 2, Dayton' s A d d i t i o n
to St: Paul; Minnes ot.a for water purposes.
Dated May 1961.
n
Gen ral Manager'
St. Paul. Water Department
The Northern States Power Company is not making any use
of the East 148. 75 feet of the alley in Block 2, Dayton's Addition to
St. Paul,, Minnesota.
Dated: 1961
G.. . Peterson
Division Supervisor
Land and Claims
Northern States Power Company
i} 202703
•VUADRUPLICATE TO DEPARTMENT '
CITY :OF ST. PAUL COUNCIL NO.
OFFICE OF THE CITY CLERK FILE
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
WURE S# by Council File No. 200504# oppro-vod danuA17' 20s
1961, the t.2 -sy in Block 2N Captaa's Addition# vat racatad and the
surromdft property has bores taken 6vor by the Vestinghoust
Floctric Corporation, and is saiid Cound1 Tile there is a rassrvatton,
wbieb ;pro*i don mo follow «t
wfht City shall regerva and hereby dose rieervo
to and for itvtl.f and to and for any p €.rsons or
corporatioas having public instrumentelWea
In the voq ;ted proparVp the (right to inetall,
a!aintai>a and operate qtr sewer, water, Ias or
oloat le ra u, pipe or condmi.t, or any o0wr
public Instrumontality i:a or upon the vaoikte.d
proporty and to enter u,,,On such property or
wY ,porUon thereof at Iny t1no an4 from tine
to t1ve for the purpose of rtcanstructiagb
#napectinK: talaatttntag or repairing somoo w
and
"WAS, after tt*roU8b JtVeatjC4ti0n it has Uan found
"st the Vaiut Paul Cover Vapelkrtmont, StAnt Paul Vater Department,
Worthern States Power CWany and Nortbweatern Hell Tolaphone Compaq►
aide raking no • se of the eaateerly 148,45 feet of said allure therefor *,
be it
i EWLVID, that the City- v&kwev x04 proylvion of said
Council Mo Rio. 2W504, vith r*spoat to the testerly 1Af.75 feet
of aal,d 41107.
COUNCILMEN
Yeas Nays
DeCourcy
,�llagd --
Loss
Mortinson
Peterson
Rosen
lair Eresident;7A4
SM 5.60 qn2
In Favor
Against
JU% 2,2 101
Adopted by the Council 19-
jjjN 2 210
Approved 19—
Mayor
Western Union Telegraph. Company is not making any
use of the alley in Block 2, Daytons Addition. to St.
Paul, Minnesota.
J F. Sanders
City Plant Supervisor
Western Union Telegraph Company