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1915636RIGiI L TO CITY CLERK . 9 A CITY OF ST. PAUL FILE NCIL NO OFFICE OF THE CITY CLERK (Council File No. 191563 -13y Mrs. Donald COUNCIL RES LUTI N— GENERAL FORM M. DeCourcy. . 1 Resolved, That the Council of the (City of Saint Paul, pursuant to the' (petition of Archie Dudero, Agnes Du: PRESENTED BY !dero, and Florence V. Swanson, com- COMMISSIONE 0—y�" P ;nris4� a L.of..that- .ofI N. RESOLVED, that the Council of the City of Saint Paul, pursuant to the petition of Archie Dudero, Agnes Dudero, and Florence V. Swanson, comprising all of the owners of that certain strip of'land embraced within the lines of vacated East Hoyt Avenue between Payne Avenue and Parkway Drive, and all of the land, abutting thereon, situate within the City of Saint Paul, County of Ramsey, and State of Minnesota, hereby takes cognizance of its prior resolution, C. F. No. 93517, approved August 30, 1932, which, among other things, pursuant to the petition therefor, vacated said section of public street and reserved to said City the absolute right to reopen, reclaim, and improve the same at any time after the elapse of five years from the date of said vacation without cost or expense or liability on the part of said City to pay compensation therefor to any owner of any land affected by said City's exercise of said reserved right; that said Council hereby finds that said City has not in any manner or degree exercised said reserved right nor has it any foreseeable need for the exercise of the same; that saidresermE right has created and const,tutes an undue cloud and encumbrance on said land, particularly that within t1aeKlines of said vacated section of public street, which has for all practical purposes prevented its use . or development for private purposes by the private owners of the same; that said reservation of right in said City and the provisions for the exercise of the same are contained in paragraph numbered 2 of said prior resolution and have frustrated and will continue to frustrate plans of said private owners of said land for the improvement of the subject land; and that the proposed amendment of said prior resolution by striking said paragraph numbered 2 therefrom would be in the public interest; It ', RESOLVED FURTHER, that said reservation of said absolute right in said City under said prior resolution C. F. No. 93517 having been made pursuant to the petition for said vacation of said section of public street thereunder and the instant petitioners for such amendment thereto comprising the petitioners under said petition for said vacation or their successors in interest as owners of the subject land being deemed by their said petition'to have acquiesced therein, the said prior resolution of this Council, C. F. No. 93517., hereby is amended in the following particulars, to —wit: that said paragraph numbered 2 of said prior resolution and every provision of the same for the,reservation of any such absolute right in the City hereby are stricken therefrom. COUNCILMEN Yeas r -- Nays DeCourcy Holland y, Mortinson -` Tn Favor ungp a Winkel Against Mr. President, Dillon 5M s -sa 2 MAR 311959 Adopted by the Council 19 Approve MAR-3 11959 19— Mayor G9ORGE M. SHEPARD CITY OF SAINT PAUL ARTHUR W. TEWS Street & Highway Engineering Coordina +or Chief Engineer Capital of Minnesota DEPARTMENT OF PUBLIC WORKS ADRIAN P. WINKEL, Commissioner 4 XEltorr CLIFTON G. HOLMGREN, Dep uty Commissioner 234 City Hall & Court House March 31 , 1959 n Valuation Engineer 286 City Hall Dear Mr. Dehn: Re: Vacation of E. Hoyt Ave. between Payne Ave. and Parkway Dr. The abovementioned vacation was brought before the Traffic Commit- tee on March 30, 1959. The original terms and the intention that this be a temporary vacation was explained to the committee. It was the unanimous opinion of the Traffic Committee that the proposed permanent vacation of E. Hoyt Ave. between Payne Ave. and Park- way Dr. should not be opposed on a traffic basis for the following rea- sons: 1. It is not probable that Hoyt Ave. would ever be continued into Phalen Park making it a through street. 2. The streets adjacent to Hoyt Ave. have sufficient capacity to serve the traffic demands of the area. 3. Redesignation of Hoyt Ave. between Payne and Parkway Dr. as a dedicated city street would complicate the intersection of Payne and Parkway Dr. Payne and Parkway Dr. is presently a four -way stop intersection. The movements at the intersection are unusual in that there is a heavy_turn from Parkway Dr. to Payne Ave. and the reverse. For these reasons the Traffic Committee and the Traffic Bureau would not be opposed to permanent vacation of this short section of street. Yours very truly, DEANE M. WENGER Asst. Traffic Engineer Plans and Surveys Secy. of Traffic Committee DMW:bjh I P E T I T I.0 N TO THE HONORABLE COUN61L OF THE CITY OF SAINT PAUL: Your petitioners, the undersigned, Archie Dudero;, Agnes Dudero, and Florence V. Swanson, hereby represent and allege that they comprise all of the owners of that certain strip of land embraced within the lines of vacated'EastHOyt Avenue between Payne Avenue and Parkway Drive, and all of the land abutting thereon; that East Hoyt Avenue between Payne Avenue and Parkway Drive constituting a part of a public street within the corporate limits of said City of Saint Paul, was vacated by that certain resolution of your Honorable Body, designated as Council File No. 93517, approved August 30, 1932, which, among other things, pursuant to the petition for said vacation, reserved to said City the absolute right to re -open, re -claim and improve said vacated street at any time after the elapse of five years from the date of said vacation, without cost or expense or liability on the part of said City to pay compensation therefor to any owner of any land -affeoted by said City's exercise of said reserved right; that said City has not in any manner or degree exercised said reserved right nor has it any foreseeable need for the exercise of the sauce; that said reservation of right in said City has created an undue cloud and encumbrance on said land, particularly that within the lines of said vacated section of public street, which has, for all pridtical purposes, prevented its use or development for private purposes by the private owners of the same;. that said reservation of right in said City and provisions concerning its exercise thereof are set forth in Paragraph numbered X I 2 of said resolution; that the undersigned petitioner Florence V. Swanson has plans for the improvement, use and development of that part of the above described lands, including the south half of said vacated section of public street and the land abutting thereon owned by her, and the execution of said plans has been frustrated by reason of said cloud thereon, which is susceptible to removal by the amend- ment of said resolution so as to strike therefrom said paragraph numbered 2; and that such amendment of said resolu- tion would be in the public interest, particularly since said City has no need for the use of any part of , the land embraced within said vacated street nor will have any need for the_ use of the same in the foreseeable future, and the said plans for the improvement, use and development of same by said last named petitioner will result in the addition of several thousands of dollars in taxable improvements to the tax base of the City of Saint Paul. WHEREFORE, your petitioners pray that your Honorable Body amend its said resoLution by striking therefrom . said paragraph numbered 2 of the same. Archie Du 4' - Agnes Dudero Florence V. Swanson Dated March d,?- 1959 0. STATE OF MINNESOTA ss. COUNTY OF RAMS E.Y On this J�:-- day of March 1959, before me,personally appeared Archie ,Dudero, Agnes Dudero, and Florence V. Swanson, to me known to be the persons described in and who dxecuted the foregoing Petition, as'such, and who by me being first duly sworn, on oath did depose and say, each for himself, that they have read the foregoing Petition and know the contents of the same, and that the same is true of their own knowledge, and that they and each of them executed said Petition as of their own free act and deed. Notary Public, Ramsey Co. Minn. My commission expires ly a HARRY D. MUNSON Notary Public, Ramsey County, Minn. My Commission Expires April 11, 1964. 19 P E T I T I O N TO THE HONORABLE COUNCIL ` OF THE CITY OF SAINT PAUL: ' Your petitioners, the undersigned; Archie Dudero, Agnes Dudero, and Florence V. Swanson, hereby represent and allege that they comprise all of the owners of that certain strip of land embraced within the lines of vacated EastHoyt Avenue between Payne Avenue and Parkway Drive, and,all of the land abutting thereon; that East Hoyt Avenue between Payne Avenue and Parkway Drive constituting a part of a'ppblic street within the corporate limits of said City of Saint Paul, was vacated by that certain resolution of your Honorable Body, designated as Council File No. 93517, approved August 30, 1932, which, among other things, pursuant to the petition for said vacation, reserved to said City the absolute right to re -open, re -claim and improve said vacated street at any time after the elapse of five years from the date of said vacation, without "cost or expense or liability on the part of said City to pay compensation therefor to any owner of any land a£feeted=by said City's exercise of said reserved right; that said City has not in any manner or degree exercised said reserved right nor has it any foreseeable need for the exercise of the same; that said reservation of'right in said City has created an undue cloud and encumbrance on said land, particularly that within the lines of said vacated section of public street, which has, for all practical purposes, prevented its use or development for private purposes by the private owners of the same; that said reservation of right in said City and provisions concerning its exercise thereof are set forth in Paragraph numbered 2 of said resolution; that the undersigned petitioner Florence V. Swanson has plans for the improvement, use and development of that part of the above described lands, including the south half of said vacated section of public street and the land abutting thereon owned by her, and the execution of said plans has been frustrated by reason of said cloud thereon, which is susceptible to removal by the amend- ment of said resolution so as to Strike therefrom said paragraph numbered 2; and that such amendment of said resolu- tion would be in the public interest, particularly since said City has no need for the use of any part of the land embraced within said vacated street nor will have any need for the use of the same in the foreseeable future, and the said plans for the improvement, use and development of same by said last named petitioner will result in the addition of several thousands of dollars in taxable improvements to the tax base of the City of Saint Paul. WHEREFORE, your petitioners pray that your Honorable Body amend its said res6LiJtion by striking therefrom said paragraph numbered 2 of the same. Archie Dudeer`o eZ i c� C� 'gir' Agnes Dudero Florence V. Swanson z Dated March 40-40-_ 1959 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this �-jL day of March 1959, before me personally appeared Archie Dudero, Rgne.s Dudero, and Florence V. Swanson, to me known to be the persons described in and who executed the foregoing Petition, as such, and who by me being first duly sworn, on oath did depose and say, each for himself, that they have read the foregoing Petition and know the contents of the same, and that the same is true of their own knowledge, and that they and each of them executed said Petition as of their own free act and deed. Notary Public, Ramsey Co. Minn. My commission expires HARRY D. MUNSON Notary Public, Ramsey County, Mlnn, My Commission Expires April 11, 1964,