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RCo211 Ol— ByeMiltonRosen— , 204708—Ordinance No.
F An Ordinance _ amending Ordinance
No. 3394 entitled:
�� !"An Ordinance regulating the pro -
cedure and prescribing conditions for
the vacation of public grounds, streets,
'J alleys ,and highways in the City of St.
Paul"
approved March 18th, 1915, as amended.
This is an emergency Ordinance ren-
i' - _ressary for thg preservation of
9� tna
!d ,safety.
An Ordinance amending Ordinance No. 3394 entitled:
204708
1W
NO. 0Z /
"An Ordinance regulating the procedure and prescribing
conditions for the vacation of public grounds, streets, alleys
and highways in the City of St. Paul ",
approved March 16th, 1915, as amended.
This is an emergency Ordinance rendered necessary for
the preservation of the public peace, health and safety.
The Council of the City of St. Paul does ordain:
SECTION I,
That- Sectlox 4 (c) of Ordinance No. 3394 approved March
16th,,1915, as'amended shall not apply to the hereinafter des-
cribed streets and alleys which have been-vacated and discon-
tinued as public streets and alley, viz:
"Lots three (3), six (6), seven (7), and nine (9)
in Block one (1) and Lots three (3), five (5), six
(6) and eight (8) in Block two (2), Bisanz Bros.
Maxy Hill" AND -
"Lots two (2), three (3), four (4), and six (6) of
Block four (4), Bisanz Riverwood Terrace ".
SECTION II
This Ordinance is hereby declared to be an emergency
Ordinance kendered necessary for the preservation of the public
peace, health and safety.
SECTION III
This Ordinance shall take effect and be in force upon its
passage, approval and publication.
- _ - - A9QV 2 4 Ig61
Yeas Councilmen Nays Passed by the uncil
DeCourcy
HaH�cm}--
Loss O Tn Favor
Mortinson
Peterson Against
Rosen
Mr. President (Vavoulis) ;W�v
Approved •
At��est : �
City Clerk Mayor
1M 61 -60 8
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Duplicate to Printer
?RESENTED BY
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ORDINANCE
COUNCIL FILE NO
ORDINANCE NO.
An Ordinance amending Ordinance Noe 3394 entitled:
"An Ordinance regulating the procedure and prescribing
conditions for the vacation of public grounds., streets, ell.eys
and highways in the City of St. 8801",
approved March 16th, 1915, as amended.
We is an emergency Ordinance rendered necessary For
the preservation of the public pease., health and safety.
The Council of the City of St. Paul does ordain:
SBCT33D UT
That Section 4 (c) of Ordinance Ho. 3394 approved larch
16th., 1915, as amended gb%n not apply to the hereiWter des•i
cribed streets and alleys which have been vacated and diecon-i
tinned as public streets and alley., viz:
"Lots three 3 ., six (6), seven (7)0 end nine (9)
in Bloc �l and Lot* three (3).. five (5)., six
(6) and eight () in Block two (2 , Bieanz Bros.
Mary Hill Alm
"Lots two J2 three (3)., four. (4), 8nd six (6) of
Block four -4�0 k3 anz Riverkood. Terrace ".
s>� �a _I
This Ordinance is hereby declared to be an emergency
Ordinance Audered necessary for the preservation a the public
peace., hw. th and safety.
This Ordinance sbaU take effect and be in force upon its
passages approvaJl and publication.
Yeas' Councilmen Nays
DeCourcy
ie
Loss
i Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
Attest • / / /j/L�
City Clerk
IM s -69 cqeP08
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Passed by the �6uncil
/V� Tn Favor
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►� AL
Approved:
Mayor
204708
E ORDINANCE
An Ordinance amending Ordinance No. 3394 entitled:
"An Ordinance regulating the procedure and prescribing
f conditions for the vacation of public grounds, streets, alleys
and highways in the City of St. Paul ",
March 16th 1915
approved Ma , as amended.
This is an emergency Ordinance rendered necessary for
the preservation of the public peace, health and safety.
The Council of the City of St. Paul does ordain:
SECTION I
That Section 4 ' (c) of Ordinance No. 3394 approved March
16th, 1915, as amended shall not apply to the hereinafter des-
cribed streets and alleys which have been vacated and discon-
tinued as public streets and alley, viz:
"Lots three (3), six (6), seven (7), and nine (9)
in Block one (1) and Lots three (3), five (5), six
(6) and eight (8) in Block two (2), Bisanz Bros.
Mary Hill" AND
"Lots two (2), three (3), four (4), and six (6) of
Block four (4), Bisanz Riverwood Terrace".
SECTION II
This Ordinance is hereby declared to be an emergency
Ordinance rendered necessary for the preservation of the public
peace, health and safety.
SECTION III
This Ordinance shall take effect and be in force upon its
passage, approval and publication.
ar
E.WILLARD MURNANE
CHARLES R.MURNANE
THOMAS J. BATTIS
JOHN R. DC LAMBERT
THOMAS M.CONLIN
ROBERT W_MURNANE
MURNANE,MURNANE,BATTIS AND DE LAMBERT
ATTORNEYS AT LAW
1106 COMMERCE BUILDING
October 30, 1961 SAINT PAUL I, MINNESOTA
CAPITAL 4 -SBII
Mr. Robert J. Swords
Corporation Counsel
Ramsey County Court House
St. Paul, Minnesota
Attention: Mr. Daniel A. Klan
0 CT 30 1961
CORPORATION COUNSEL
Re: Bisanz Bros. Mary Hill and Riverwood Terrace
Our File No. 9421
Dear Sir:
After receiving your letter of August 17th pertaining to the
Bisanz Bros. property, we made contact with the groups'
referred to therein and -are presently in a position to fur-
nish you with certificates by each. Enclosed you will find
properly executed certificates which we trust will now put
you in a position to prepare for-the adoption of the ordin-
ance referred to in our previous correspondence.
YAW.Mur uly,
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EWM:ra m
Enclosures
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CERTIFICATION
The undersigned does hereby certify that it has
made no use in the past, and has no present plans to make
use of,in the future, certain easements pertaining to the
underlying plats and vaicated alleys and streets thereon, i
as contained in the followin escriiption.
Lots thre� (3), six (6), seve07) and njae (9)
in B,1 xk one (1)/�nd Lots thre (3), five (5),
six (6) and eight (8) in Block two (2) Bisanz
Bros. Mary Hill and Lots two (2), three (3),
four (4) and six (6) of Block four (4), Bisanz
i
Riverwood Terrace.
Dated this ;l% day of , 1961.
Office n ineer, Dept. of Pub is Wor
11 "' .. � I 1 0
lY T1T TTTIT /'1 A R Vd- TT
The undersigned does hereby certify that it has made
no use in the past, and has no present plans to make use of `
in the future, certain easements pertaining to the underlying
plats and vacated alleys and streets thereon, as contained in
the following description:
Lots three (3), six (6), seven (7) and nine (9) in
Block one (1) and Lots three (3), -five (5), six (6),
and eight (8) in Block two (2), Bisanz Bros. Mary
Hill and Lots two (2), three (3), four (4), and six
(6) of Block four (4), Bisanz Riverwood Terrace.
Said easements are those retained pursuant to the terms '
of Ordinance No. 3394 approved March 16th, 1951.
gdtober,
Dated this 24th day of 3- . 1961.
WATER DEPARTMENT, CITY OF SAINT PAUL
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Cl r Hamblin,
Act -a ant General Manager
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August 17, 1961
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Mr. E. W. Murnane
Murnane
4 , Murnane,, Battis and de Iambert
,P Attorneys at Law
1106 Commerce Building
�§ Saint Paul 1,,Minnesota
Res Bisanz Bros. Property
i Dear Nor. Murnane; ,
The ordinance submitted by you in your letter
to this office of 8-1141 � is satisfactory as to form and
can be presented to the Council upoh receipt of this office
of satisfactory proof from Northern States Power Co:,
.jr. -Northwestern Bell Telephone Company, Public Utilities and
Public Works that (1) there has been no use of this easement'
�F right to date; and (2) there are'no present plans to make
use of same in the future
�G
Please let us know if we can be of further
assitance.
;E very truly yours, -
yE '
Daniel A. Klas ,
DAK:DM Assistant Corporation Counsel k.
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MURNANE,MURNANE,BATTIS AND DE LAMBERT
ATTORNEYS AT LAw
E.WILLARD MURNANE
CHARLES R. MURNANE
THOMAS J. BATTIS 1100 COMMERCE BUILDING
JOHNII .DE LAMBERT August 11, 1961 SAINT PAUL 1, MINNESOTA
THOMAS M. CONLIN CAPITAL 4.5811
ROBERT W. MURNANE
Hon. Robert J. Swords
Corporation Counsel
City of St. Paul
Court House,
St. Paul, Minnesota
Dear Bob:
***4#11,,
We have represented Bisanz Brothers on several occasions in the past
and are presently representing them. The plat of Bisanz Bros. Mary
Hill is a re -plat of Blocks three (3) and four (4) of Fairview South Addi-
tion and vacated alleys thereon and vacated Sedan Street adjacent thereto.
The vacated alleys and Sedan Street affects the following in the new plat:
Lots three (3), six (6), seven (7) and nine (9), in Block one (1) and Lots
three (3), five (5), six (6) and eight (8) in Block two (2), Bisanz Bros.
Mary Hill.
The same situation exists and affects Lots two (2), three (3), four (4) and
six (6) of Block four (4), Bisanz Riverwood Terrace.
When these alleys and streets were vacated, the City of St. Paul retained
an easement pursuant to Ordinance No. 3394. Upon checking with the pro-
per offices of the City of St. Paul, namely, City Engineer and Water De-
partment, it was found that no utilities have ever been installed in said
vacated alleys and street, in fact, the alleys and street ere never graded
in the underlying platSof _ �, Z .
Most of the property is presently occupied and none of the purchasers has
raised any question with respect to the title except that one purchaser at-
tempted to purchase title insurance and the matter then came to light be-
cause of an exception insisted upon by the title insurance company. This
placed the purchaser in a position to insist that steps be taken to eliminate
the possibility of the easement becoming a burden upon the property, and
we therefore, on behalf of Bisanz Brothers, have agreed to do what we can
toward eliminating this situation.
We learned that this same situation existed with respect to other property
in the same general area and believe it was some of the property presently
used by Univac. We learned that in order to eliminate the burden at that
time, a special ordinance was adopted which appears as Council File No.
�� 177151, adopted on April 4th of 1956.
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Using that as a guide, we have prepared a sample form which we be-
lieve will cover the situation if in all other respects the form and sub-
stance as well as the facts meet with your approval and the approval
of the other affected city departments.
The writer will be pleased to meet with you personally or any other
member of your department in the event that it is considered advisable.
i
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Enclosure
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Laid over to C�
3rd and app Adopted-
Yeas Nays Yeas Nays
DeCourcy DeCourcy
Holland Offimd-
Loss
Loss
Mortinson
Peterson
Mortinson
Peterson
Rosen
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Rosen
Mr. President Yavoulis