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97-239 (2) Return copy to: r-i Council File # C1 - 31 Real_Estate Division t_ 140 City Hall Green Sheet # 39516 (jao) RESOLUTION CITY OF SAINT PAUL, MINNESOTA CP5 Presented By Referred To Committee: Date 1 RESOLVED, that upon the petition of R.C. Leonard, per Finance File No. 18-1996 that portion of 2 Gilbert Avenue from the East line of the West 22 feet of Lot 24 extended Northeasterly, to the 3 West line of Lot 40 extended Northeasterly, all in Block 1, Merriam Park 4th Addition, hereinafter 4 referenced to, is hereby vacated and discontinued as Public Property; subject to the following 5 conditions: 6 7 8 1. That this vacation shall be subject to the terms and condition of Chapter 130, 9 codified March 1, 1981, of the Saint Paul Legislative Code as amended. 10 11 2. That the petitioner's, their successors and assigns shall pay $500.00 as an 12 administrative fee for this vacation which is due and payable within 60 days 13 of the publication date of this resolution. 14 15 3. That the existing catch basin and lead within the vacated area shall become the ownership 16 and responsibility of the petitioner, and that the existing 15 foot public sewer easement 17 in Lot 31 shall be released as a result of said of catch basin and lead converting to private 18 ownership. 19 20 4. That permanent utility easement shall be retained, within the vacated area, to protect the 21 interest of U.S.West Communications, Incorporated, the petitioner assumes all costs for 22 materials and labor if relocation or adjustment of existing facilities is necessary. 23 24 5. That a permanent utility easement shall be retained, within the vacated area, to protect the 25 interest of Northern States Power Company, Electric Division, who needs access to 26 maintain its distribution facilities. 27 28 6. That a permanent utility easement shall be retained, within the vacated area, to protect the 29 interest of Northern States Power Company, Gas Distribution, to maintain its gas main in 30 said vacated street. 31 32 33 34 35 36 37 38 39 40 1 all _a 3 9 2 7. ' That a permanent water utility easement shall be retained over the vacated portion of Gilbert 3 - 'Avenue from the east line of the west 22 feet of Lot 24 extended northeasterly to the west 4 line of Lot 28 extended northeasterly, all in Block 1, Merriam Park 4th Addition, by the 5 Saint Paul Water Utility, so as to provide continued access to facilities maintained by said 6 Water Utility and that no stuctures or trees will prohibit access to said water facilities, no 7 change in grade or surfacing will occur without the permission of the Water Utility and that 8 the cost of removal or damage to works or improvements, done by petitioner, as a result of 9 the use of this water utility easement shall borne solely by the petitioner. 10 11 8. That the petitioner's, their successors and assigns, by acceptance of the terms and 12 condition of this resolution, agree to identify, defend and save harmless the 13 City of Saint Paul, its officers and employees from all suits, actions or claims of any 14 character brought as a result of injuries or damages received or sustained by any 15 person, persons, or property on account of this vacation or petitioner's use of this 16 property, including, but not limited to a claim brought because of any act of 17 omission, neglect, or misconduct of said petitioner or because of any claims of liability 18 arising from any violation of any law or regulation made in accordance with the law, 19 whether by the petitioner or any of its agents or employees. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ( Yeas I Nays Absent Blakey ( a/ ( Requested by Department of: Bostrom ,/ Finance & Management Services Mauer 1 Harris 0% Megard tom' - BY �� ���1 ∎L1 1.• Rettman ( ✓ ( Director Thune ( ✓ Form Approv d by City Attorney rl MOB Adopted by Council: Date S \� � I 1- `�' y q? 4 q� By: - __� Adoptio- Certified by Council Secretary By: • - IN& Aiwa `proved by Mayor for Submission to Council Approved by May I r: Date 3/A-7- By: ( _ l By: (% -/ < $ CITY OF aT . PAUL RECEIPT # 096733 ^ CASH RE�EIPT PAGE PREPARED SY CORA EMTRY . BATE 04/15/97 DEPARTMENT ' FINANCE El MGMT SERVICES DEPOSIT DATE ' 04/15/97 ACCnUNT REFERENCE DEBIT CREDIT QTY -------------------- --------- ----- --- -------------- --- 001 *01300*2833 500 . 00 VACATION MELDRUM'S INC . -45623 PER COUNCIL FILE#97-239 APPROVED 3/7/97 ______________ TOTAL CASH : 500 , 00 RECEIVED BY TRASURY : _____ REPLACES TEMPORARY RECEIPT / X In,tru # • RECORDED ON , hii � Filing fee . 1 L( ;►,, ,Ju,h. Ree copy _..,.._ s APR 171997 APR I f 9 28 hjj '31 Cer copy .., Initials o _ _ LOu i L ,Y; , �q STATE OF MINNESOTA ) COUNT P ,ORDER Pd by/bill �.�.w,.��'°°°�-- COUNTY OF RAMSEY ) ss. BY DEPUTY CITY OF ST. PAUL ) 4'J ' V 0�0 I, Frances Swanson, Deputy City Clerk of the City of Saint CDPaul, Minnesota, do hereby certify that I have compared the C■2 attached copy of Council File No. 97-239 as adopted by the City Council on March 5, 1997 and approved by the Mayor on March 7, 1997 with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota, this 15th day of April 1997. ii `- -`, ;1=i f, Deputy City Clerk ?� . A: t ' ,, :v, � _ _1! ! : z `.‘�� � Al1✓ i} tae, . qu . Jwi-i-,,- //f.A' i a ' Return copy to: 298149 Council File # C t — 39 Real'Estate Division v 140 City Hall Green Sheet # 39516 (jao) \ RESOLUTION • CITY OF SAINT PAUL, MINNESOTA (t)5 Presented By %hJL � //-Je / 7 Referred To Committee: Date 1 RESOLVED, that upon the petition of R.C. Leonard, per Finance File No. 18-1996 that portion of 2 Gilbert Avenue from the East line of the West 22 feet of Lot 24 extended Northeasterly, to the 3 West line of Lot 40 extended Northeasterly, all in Block 1, Merriam Park 4th Addition, hereinafter 4 referenced to, is hereby vacated and discontinued as Public Property; subject to the following 5 conditions: 6 7 8 1. That this vacation shall be subject to the terms and condition of Chapter 130, 9 codified March 1, 1981, of the Saint Paul Legislative Code as amended. 10 11 2. That the petitioner's, their successors and assigns shall pay $500.00 as an 12 administrative fee for this vacation which is due and payable within 60 days 13 of the publication date of this resolution. 14 15 3. That the existing catch basin and lead within the vacated area shall become the ownership 16 and responsibility of the petitioner, and that the existing 15 foot public sewer easement 17 in Lot 31 shall be released as a result of said of catch basin and lead converting to private 18 ownership. 19 20 4. That permanent utility easement shall be retained, within the vacated area, to protect the 21 interest of U.S.West Communications, Incorporated, the petitioner assumes all costs for 22 materials and labor if relocation or adjustment of existing facilities is necessary. 23 24 5. That a permanent utility easement shall be retained, within the vacated area, to protect the 25 interest of Northern States Power Company, Electric Division, who needs access to 26 maintain its distribution facilities. 27 28 6. That a permanent utility easement shall be retained, within the vacated area, to protect the 29 interest of Northern States Power Company, Gas Distribution, to maintain its gas main in 30 said vacated street. 31 32 33 34 ENTERED IN TRANSFER RECORDS 35 /S , 19 36 DIRECTOR,PROPERTY TAXATION 37 Ramsey County, Mio sots 38 39 By. 40 1 d■ .1 '. 988149 q'1 •� 3 9 2 7. That a permanent water utility easement shall be retained over the vacated portion of Gilbert 3 Avenue from the east line of the west 22 feet of Lot 24 extended northeasterly to the west 4 line of Lot 28 extended northeasterly, all in Block 1, Merriam Park 4th Addition, by the 5 Saint Paul Water Utility, so as to provide continued access to facilities maintained by said 6 Water Utility and that no stuctures or trees will prohibit access to said water facilities, no 7 change in grade or surfacing will occur without the permission of the Water Utility and that 8 the cost of removal or damage to works or improvements, done by petitioner, as a result of 9 the use of this water utility easement shall borne solely by the petitioner. 10 11 8. That the petitioner's, their successors and assigns, by acceptance of the terms and 12 condition of this resolution, agree to identify, defend and save harmless the 13 City of Saint Paul, its officers and employees from all suits, actions or claims of any 14 character brought as a result of injuries or damages received or sustained by any 15 person, persons, or property on account of this vacation or petitioner's use of this 16 property, including, but not limited to a claim brought because of any act of 17 omission, neglect, or misconduct of said petitioner or because of any claims of liability 18 arising from any violation of any law or regulation made in accordance with the law, 19 whether by the petitioner or any of its agents or employees. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I Yeas 1 Nays Absent Blakey I ✓ I, Requested by Department of: Bostrom ■/ Finance & Management Services Mauer Harris Megard By:dir. �� ���_ . 'L��.a♦ Rettman I ✓ j 1 Director Thune I I I Form Approv d by City Attorney ri NM=I Adopted by Council: Date M�,, �S \ j By: `.' `�'r�-�� — `=7 7 Adoptio.ertified by Council Secretary By: _ Ma. _ approved by Mayor for Submission to Council Approved by Mays r: Date 3/.7 By: 744//. By: /2 / ' • _10 4 CD On OD )4=1■ C,CD '7 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P SAINT L CITY OF SAINT PAUL 170 City Hall TeL: 612-266-8989 401‘ . Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov A A A A TDD:266-8509 TO: Ramsey County Recorder April 15, 1997 Number Instrument Description Fees CF #97-239 Resolution Vacating Gilber Street (R. C. Leonard) /.7. --6 1152182 RAMSEY COUNTY RECORDER BY Contact Person: Frances Swanson 266-8690 ACITIZEN SERVICE OFFICE Fred Owusu,City Clerk PSAIAUNL T CI'T'Y OF SAINT PAUL 170 City Hall Tel: 612-266-8989 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov A A A A TDD:266-8509 TO: Ramsey County Recorder April 15, 1997 Number Instrument Description Fees CF #97-239 Resolution Vacating Gilber Street (R. C. Leonard) 19 . -R-) V881-49 RAMSEY COUNTY RECORDER BY Contact Person: Frances Swanson 266-8690 oo'o0S Hgd NOI.LYDVA 1XXV'IHII3N39 00'OOS DSIIAI 1NIQd• It9:snoauellaosIIAI . OtZ9 L6/07 11Pird LS AO AII) E E s s a •3N1 s,wnaaiaw CITIZEN SERVICE OFFICE Fred Owusu,City Clerk SAINT CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989 1141 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov fill A A TDD:266-8509 ~elm April 3, 1997 Mr. Rudy Paczkowski Department of Public Works Room 800, City Hall Annex Dear Sir: Will you please prepare prints showing the vacation of Gilbert Avenue in its entirety, as more particularly described in the attached Council File #97-239. Please be advised that the necessary acceptance and compensation have been filed. In accordance with our agreement we expect the prints in our office no later than April 9, 1997. If you cannot meet this deadline please notify me right away. Thank you. Very truly yours, °'./z a/76.1 40 n004 Frances Swanson Deputy City Clerk FS cc: Valuation Engineer- Finance File 18-1996 A • ¢ W A W Q Y ¢ CC 1..1 W A C^ N < Q U W w d3 m o, m z a '.q 0 U .. 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I ■ m < > z a Pd ijj F-+ a U t t Cr) y Z ~ d ° use " 1 J W lt U V) L+1 Z G0 t4 J L- X W >_ • W a 0 a Q u r J W MM t tl J - F+; N A ❑ 1111 C ❑ rx V ❑H '.ID 1- J Q 1. 3 A Z Z Q ❑ ❑ U U /� Ay , /457 F. •2z asp assa= 5'6°ei z IIINVIIIIIII ■IIIIIIII .' •9 assoftaw CO ISIMAIIIIIII Q co • ■twasw c) I, -- 0 J■a■ N IMINIIIIIII• INIMI■If s. ■ ��p0 • (\�p� CO—� �rt/ csi O �- O a` �� -∎ N MIMIIIIMIII . mism�� ` IIIIIIIIIIINV `00 • q - ct V. ii uzA 1/ i '• ININNIANIIII Q • \�\�/7/ OJO A Z I O �SI w 0 _0, 4 _ �_' W t- a L•••• ° a_4:?***41 ix__-� R �\ •• - ❑ Q I q114'1 ceC IMIIIIIM et -= g A 0.)AlOpp Q W 4tior A Q' os ,PV • Return copy to: Council File # a 3 ci JReal Estate Division 140 City Hall Green Sheet # 39516 (jao) RESOLUTION CITY OF SAINT PAUL, MINNESOTA (p5 Presented By Referred To Committee: Date 1 RESOLVED, that upon the petition of R.C. Leonard, per Finance File No. 18-1996 that portion of 2 Gilbert Avenue from the East line of the West 22 feet of Lot 24 extended Northeasterly, to the 3 West line of Lot 40 extended Northeasterly, all in Block 1, Merriam Park 4th Addition, hereinafter 4 referenced to, is hereby vacated and discontinued as Public Property; subject to the following 5 conditions: 6 7 8 1. That this vacation shall be subject to the terms and condition of Chapter 130, 9 codified March 1, 1981, of the Saint Paul Legislative Code as amended. 10 11 2. That the petitioner's, their successors and assigns shall pay $500.00 as an 12 administrative fee for this vacation which is due and payable within 60 days 13 of the publication date of this resolution. 14 15 3. That the existing catch basin and lead within the vacated area shall become the ownership 16 and responsibility of the petitioner, and that the existing 15 foot public sewer easement 17 in Lot 31 shall be released as a result of said of catch basin and lead converting to private 18 ownership. 19 20 4. That permanent utility easement shall be retained, within the vacated area, to protect the 21 interest of U.S.West Communications, Incorporated, the petitioner assumes all costs for 22 materials and labor if relocation or adjustment of existing facilities is necessary. 23 24 5. That a permanent utility easement shall be retained, within the vacated area, to protect the 25 interest of Northern States Power Company, Electric Division, who needs access to 26 maintain its distribution facilities. 27 28 6. That a permanent utility easement shall be retained, within the vacated area, to protect the 29 interest of Northern States Power Company, Gas Distribution, to maintain its gas main in 30 said vacated street. 31 32 33 34 35 36 37 38 39 40 1 q1 -a39 2 7. That a permanent water utility easement shall be retained over the vacated portion of Gilbert 3 Avenue from the east line of the west 22 feet of Lot 24 extended northeasterly to the west 4 line of Lot 28 extended northeasterly, all in Block 1, Merriam Park 4th Addition, by the 5 Saint Paul Water Utility, so as to provide continued access to facilities maintained by said 6 Water Utility and that no stuctures or trees will prohibit access to said water facilities, no 7 change in grade or surfacing will occur without the permission of the Water Utility and that 8 the cost of removal or damage to works or improvements, done by petitioner, as a result of 9 the use of this water utility easement shall borne solely by the petitioner. 10 11 8. That the petitioner's, their successors and assigns, by acceptance of the terms and 12 condition of this resolution, agree to identify, defend and save harmless the 13 City of Saint Paul, its officers and employees from all suits, actions or claims of any 14 character brought as a result of injuries or damages received or sustained by any 15 person, persons, or property on account of this vacation or petitioner's use of this 16 property, including, but not limited to a claim brought because of any act of 17 omission, neglect, or misconduct of said petitioner or because of any claims of liability 18 arising from any violation of any law or regulation made in accordance with the law, 19 whether by the petitioner or any of its agents or employees. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Yeas I Nays Absent Blakey ( ✓ I Requested by Department of: Bostrom t/' Finance & Management Services Mauer Harris Megard k/. By: '44! ,AV. Rettman I ✓ Director Thune 1 Form Approv d by City Attorney I Adopted by Council: Date M I S I q9'-1 By: „44 ayr ', /4/- Adoptio• Certified by Council Secretary By: & . • - i Approved by Mayor for Submission to Council Approved by Mayo : Date 3/y F �� By: By: 6:� Saint Paul, Minnesota April 3 , 1997 To the Honorable, the City Council Saint Paul, Minnesota Dear Council Members : We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 97-239, adopted by the City Council on March 25, 1997, and signed by the Mayor on March 7, 1997 # „AWN A:at (cuitt14 LONNY D. THOMAS, P.A. MidAmerica Bank Building,Suite 120 6949 Valley Creek Road Woodbury,Minnesota 55125 Telephone(612)735-9262•Fax(612)735-9062 GREGORY M. ERICKSON C612)733-9262 April 11, 1997 VIA HAND DELIVERY Ms. Frances Swanson Deputy City Clerk City of St. Paul 170 City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 RE: L & H Properties Vacation Petition Our File No. 1177-000 Dear Mr. Ortiz: Enclosed for filing in the above matter please find executed Acknowledgements of the conditions of the above noted Vacation and a check made payable to the Clerk of the City of St Paul in the amount of$500 for the Vacation fee. Very truly yours, r— Gregory M. Erickson Law Clerk GME/sas Enclosures cc: Don Harvey Ron Leonard Lonny D. Thomas, Esq. Also Licensed to Practice in Wisconsin .....---- ---APR 11. '97 13:57 MELDRUMS,I NC-FL 612 ?35 3 •62 P.1�� 447-11-/99Y 1d:t91 l_+ + : ,..•_, Saint Paul, Minnesota April 3, 1997 To the honorable, the City Caunci Saint Paul, Minnesota i 1 Dear Council Members : 1 W6, the undersigned pet:iti.oner:s, ereby accept and agree to comply with the terns an ! conditions of Council File No, 97-239, adopt _d by the City Council on March 2S, 1991, and si reed by the Mayor on March ?, 1997 . Air 4111P if l I i TOTAL P.02 CITIZEN SERVICE OFFICE Fred Owusu,City Clerk P A'U L CITY OF SAINT PAUL 170 City Hall Tel.: 612-266-8989 4 Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpauLgov AAAA TDD:266-8509 April 3, 1997 R. C. Leonard Dear Sirs: Enclosed is a copy of Coup' ,,,A<ea'-'` 'ch was adopted by City Council on March 5, 1997 which r >'''''- f that portion Montreal Avenue as more fully described ,,, ,`,:,6,‘' r,,`;��a Ana"' " The ' „0"4'- �� t the compensation specified in the resole o Z. adoption of the resolution. a 111:Also en o °� ution which must also be signed and filed p� \,,Very truly y '�NN ek- --.114 `�C/ �A , ‘.,„■, O�•t (s Frances Swanso. Deputy City Clergy �� • cc: Valuation f . �'n Enc. Illw Tem. sr 2 • o ■ cl 't,Z, ‘ ,_), ,,,, .....„:„..,_ , -----------... ,....------- CITIZEN SERVICE OFFICE Fred Owusu,City Clerk S A A UN L( T CITY OF SAINT PAUL 170 City Hall Tel.: 612-2664989 P At Norm Coleman,Mayor 15 W.Kellogg Boulevard Fax: 612-266-8689 Saint Paul,Minnesota 55102 Web:http://www.stpaul.gov AAAA TDD:266-8509 April 3, 1997 Mr. Rudy Paczkowski Department of Public Works Room 800, City Hall Annex Dear Sir: Will you please prepare prints showing the vacation of Gilbert Avenue in its entirety, as more particularly described in the attached Council File #97-239. Please be advised that the necessary acceptance and compensation have been filed. In accordance with our agreement we expect the prints in our office no later than April 9, 1997. If you cannot meet this deadline please notify me right away. Thank you. Very truly yours, 'iLa/7(_, 40 no(}) Frances Swanson Deputy City Clerk FS cc: Valuation Engineer - Finance File 18-1996 Saint Paul, Minnesota April 3 , 1997 To the Honorable, the City Council Saint Paul, Minnesota Dear Council Members : We, the undersigned petitioners, hereby accept and agree to comply with the terms and conditions of Council File No. 97-239, adopted by the City Council on March 25, 1997, and signed by the Mayor on March 7, 1997 99 . 39 Gilbert Avenue from the east line of the west 22 feet of Lot 24 extended northeasterly, to the west line of Lot 40 extended northeasterly, all in Block 1, Merriam Park 4th Addition w` , . , q YS 1i /' 0 e /143 / i J �'� N, >` ` p / 142 �� / I / �q: . `/ i ,)ai 4t,' i Z 1 / `\?mss R C',T �f ti 141 4• i1`f 140 •� \ L 20..s.:,::•...,...,1 \ �� . I.QF p � "{,;■ .' / , ■ _- �1 ' �� \ T �-----, c ( �� , , , •psi �, � ,\ a ' g -. Y/ / ,. `. / ' -?•-4 ,-4,e i. , , . ;: E , .s . / `' 732 -29-23-1 I„ Zr ''" Ii �r 1V� - z 1 �I tl a i c. Q cc a �/ Z '- NORTH I �. MYRTLE-AV. a + — If a o MyR AyF Area to be "� iti • 2 te, = N zo r(F� Q Vacated iis:. si.Q Q 4 4: WABASH • � Wilikk, I ,.. A.- 4,<5 ill 4-1j � -•r�., TF, � � - . • -�^1�` Q) 'I ke 4 �� , . 6 r. ,p DOANE - ' ps, P PST P E ST. �` ` , 1. .'Voill 'R ' . • ROAD - .7_�+_ z Itilliik‘ . 1 ` _::,;....-., .%' lQ� P F ..4: oil - ••• .,. 1996 -18 NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of L & H Properties for the vacation of that portion of the Gilbert Avenue from the East Line of the West 22 ' of Lot 24 extended Northeasterly to the West Line of Lot 40 extended northeasterly, all in Block 1, Merriam Park 4th Addition, according to the plat thereof on file and on record as more particularly shown on the plat attached to the petition, has been ordered filed in the Office of the City Clerk of the City of St . Paul, Minnesota, by the Saint Paul City Council, and said petition will be heard and considered by the same Saint Paul City Council at a meeting thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 5th day of March, 1997 at 3 :30 P.M. Dated February 5, 1997 Frances Swanson Deputy City Clerk (March 26, 1997) NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of L & H Properties for the vacation of that portion of the Gilbert Avenue from the East Line of the West 22 ' of Lot 24 extended Northeasterly to the West Line of Lot 40 extended northeasterly, all in Block 1, Merriam Park 4th Addition, according to the plat thereof on file and on record as more particularly shown on the plat attached to the petition, has been ordered filed in the Office of the City Clerk of the City of St . Paul, Minnesota, by the Saint Paul City Council, and said petition will be heard and considered by the same Saint Paul City Council at a meeting thereof to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 5th day of March, 1997 at 3 :30 P.M. Dated February 5, 1997 Frances Swanson Deputy City Clerk (March 26, 1997) 1:2;44, (✓ - / " ' 07442/1-'449 *************** -IND. XMT JOURNAL- **************** DATE FEB-24-1997 ***** TIME 14:34 ******** DATE/TIME = FEB-24-1997 14:33 JOURNAL No. = 06 COMM.RESULT = OK PAGE(S) = 001/001 DURATION = 00:00'32 FILE No. = 091 MODE = MEMORY TRANSMISSION DESTINATION = 92222640 RECEIVED ID = / RESOLUTION = STD -CITIZEN SERVICE OFFICE - ************************************ -612 266 8689 - ***** - 612 266 8689- *********