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255064 (2) Harry E. Marshall Albert B. Olson City Clerk and w CITY °F Council Recorder Commisioner of Registration �� I. Mttt es' OFFICE OF THE CITY CLERK CITY OF SAINT PAUL BUREAU OF RECORDS 386 City Hall St.Paul,Minnesota 55102 August 23, 1972 Dept. of Public Works Valuation Engineer City Attorney Dear Sirs: Please be advised that the petitioners have not complied with all of the terms and conditions of C.F. 255064, adopted July 23, 1971 pertaining to the vacation of an alley in Blk. 1, Oliver and Murphy's Add. , and, therefore the resolution is null and void. Very truly yours, City Cafe k m ( c l ogRio 0 A ORIGINAL TO CITY CLERK ,95064 CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK _rm. OU ■IL c OLUTION—GENERAL FORM PRESENTED BY COMMISSIONE ` .0 �- �� DATF RESOLVED, That upon the petition of A. Kamish Company and others, that a section of public alley located in the City of Saint Paul hereinafter described, be and the same hereby is vacated and discontinued as a public alley and described as follows: Vacate the alley in Block 1, Oliver and Murphy' s Addition; subject expressly to the following conditions and reservations: 1. That the vacation be subject to all the terms and conditions of Section 228 of the Legislative Code as amended. 2 . That a specific easement be retained to protect the interests of Northern States Power Company and Northwestern Bell Tele- phone Company. 3. That the existing grade along Sims Avenue 3 south of and adjacent to the properties 0 abutting on the south of the alley be .. © retained at its present grade with adequate lateral support and any further excavation ,Q�` a in the alley or adjacent areas be accom- plished by proper permit and approval of the Building Department. A N 4t, Q COUNCILMEN Adopted by the Council 19— Yeas Nays Butler Carlson Approved 19__ Levine Tn Favor Meredith Sprafka Mayor Against Tedesco Mr. President, McCarty ORI6 AL TO CITY CLERK ap opt! CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF 2 4. That the petitioner pay to the City the sum of $1, 125.00 as compensation for the vacation, and provide the City with a bond in the amount of $2,000.00. JUL 23 1911 COUNCILMEN Adopted by the Council 19 Yeas Nays Butler JUL 2.3 Wadi • • oved 19—__ Inevine-* n Favor \ C�� Meredith I yor Sprafka Against PUBLISHED JUL 3.4 . Mr. President, McCarty August 2, 1971 Mr. L. V. Sauer 477 Woodlawn Ave. St. Paul, Minnesota Dear Sir: We enclose a copy of Council File No. 255064, published July 31, 1971, which provides for the vacation of the alley in Block 1, Oliver and Murphy's Addition. The ordinance pertaining to vacations requires that the compensation specified in the resolution must be paid, and a surety bond in the amount specified must be filed within thirty (30) days after publication of the reso- lution. We also enclose an acceptance of the terms of the reso- lution which must also be signed and filed here within said time. Very truly yours, City Clerk ng J. WILLIAM DONOVAN 223-5317 Valuation Engineer ROY E. BREDAHL, Jr. CITY OF SAINT PAUL ,Asst Valuation Engineer BUREAU OF VALUATIONS 286 City Hall Saint Paul, Minnesota 55102 To: Commissioner Rosalie L. Butler From: J. William Donovan Date: June 22, 1971 Subject: Petition of A. Kamish Company and others Hearing - June 23, 1971 The alley petitioned to be vacated was platted in an east-vest direction 16 feet wide in Block 1, Oliver and Murphy's Addition and lies between Case Avenue on the north and unimproved Sims Avenue on the south and runs from a point approximately 150 feet east of Hazelwood to a point 240 feet further east of Hazelwood and there dead ends as shown shaded red on the attached plan. The petitioners request this vacation to facilitate the grading and development of the abutting lots. The lots on the north side of the subject alley are just slightly above street level while the lots on the south side of the alley are 15 to 20 feet higher. There is no access to this alley except by going over privately owned property. The alley is not graded or used as an alley, is inaccessible and impassible at the present time. Sims Street, which is the street south of this alley, is also not graded and impassible at the present time. The Department of Public Works reports that a substantial amount of material has been excavated from this block and within the area of the alley. Sims Avenue to the south 103.87 feet is platted to a dead end but is unimproved. The Department of Public Works recommends that the proposed vacation be approved, subject to the requirement that the existing grade along the Sims Avenue right-of-way be retained at its present grade with adequate lateral support, and any further excavation in the alley or adjacent areas be accomplished by proper permit and approval of the Building Department, so as not to undermine Sims Street. Northern States Power Company electric department reports that an overhead electric 120/240volt line and one pole lie within the area to be vacated. This line is required to maintain service to a customer located at 1560 Case Avenue. They request that their interests be protected. Northwestern Bell Telephone Company reports that their company maintains two service poles in this alley, which provide service to 1560 Case Avenue and 1583 Sims Avenue. They request that a utility easement be provided for maintenance of this plant should the alley be vacated. #,/ 404 do41\ Commissioner Rosalie L. Butler -2- June 22, 1971 There were no objections from any of the other City or public utility agencies concerned. Therefore, in view of the foregoing reports, I recommend that the vacation be granted subject to the following terms and conditions: 1. That the description read as follows: Vacate the alley in Block 1, Oliver and Murphy's Addition. 2. That the vacation be subject to all the terms and conditions of Section 228 of the Legislative Code as amended. 73. That a specific easement be retained to protect the interests of N )rthern States Power Company and Northwestern Bell Telephone Company. i. That the existing grade along Sims Avenue South of and adjacent to the properties abutting on the south of the alley be retained at its present grade ti rith adequate lateral support and any further excavation in the alley or adjacent areas be accomplished by proper permit and approval of the Building Department. if 5. That the petitioner pay to the City the sum of $1, 125.00 as compensation for the vacation, and provide the City with a bond in the amount of $2,000.00. 1 + 44V// HAMMERS E. , { . A/41 :t r Q 9 , 1 3 I I/ ' 1/ /0 9 for .�® ( 30 :30 150 a 4.66 4 66 .,�30 06 �-__ 1:C, .._. 88____i 898 5/. xi 26+22.6 _ © «C � it •--V 7 M ^ g`�O 0 i 1 " ,r�s —:✓O0' 90 s ` 2� 2B 36 30 2B28 40 _ y s ri.9 ,tJ 1 1 2 ° 1/41$6 5 4 3 2cVi /; - 9 4 5 0 ; 14".4eG ' Eggx .1 �.J , '- 'St .%A` .*:' . i'9 24:' 1:' 7 8 9 /o // /2f2© / /0 9 4( 7 ' `Q i AJ `r� Q � rn � ‘l` ; o B .24 ^ i 1 I v , -9 � I V� ry I 1 �1---- ii 4• v ,. 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Dear Sir: The Council referred to you for recommendation the attached petition of A. Kamish Ccmlpany and others for the vacation of the alley in Block 1, 0ltrer!__&_ lhlrphy's Addition, lying between Case St. on the north and Sims St. on the south, beginning 180 feet east of Hazelwood and dead-ending 240 feet further east, or 785 feet from Kennard, which is the next street to the east. Hearing in this matter will be held on June 23, 1971. Very t ►.! yours, ity C rk • Area Code 612 t OtrY 04. 223-,5121 Roy • :I I • o .w�s*• •, THOMAS J.STEARNS dg �C ARTHUR M.NELSON THOMAS M.MOONEY PAUL F.McCLOSKEY,JR. R.SCOTT DA V IES KENNETH J.FITZPATRICK CITY OF SAINT PAUL DAN EL L.F KERB First Assistant KENNETH A.SKRIEN JEROME J.SEGAL LEGAL DEPARTMENT JOHN C.McLAUGHLIN Special Assistant ROBERT C.HOENE 316 City Nall, St. Paul, Misoosota 55102 Assistants TERRY F.SULLIVAN DANIEL A. KLAS Investigator Corporation Counsel May 4, 1971 To the Honorable Mayor and Members of the City Council The attached petition of A. Kamish Company and others for the vacation of the alley in Block 1, Oliver & Murphy' s Addition, lying between Case Street on the north and Sims Street on the south, beginning 180 feet east of Hazelwood and dead-ending 240 feet further east, or 785 feet from Kennard, which is the next street to the East, is in proper form and has been signed by the requisite number of property owners. Very ly ours, 1 4 if +ER. J. . GAL pedal As istant Cor.oration Counsel / 191 JJS:bf , 1 \ attach. ( !Ac.- /./4?c )1)6 9 ,i � � y `) N 6010 Concord. Blvd. / Inver Grove Heights , Minn. 55075 `'A.4:7 April 23rd, 1971. i,o i To the Honorable Mayor and City Council of St. Paul, Minn. City Hall and. Court House St. Paul, Minnesota 55102 Gentlemen: We, the undersigned, being the majority of the property owners, and owners of a majority of the abutting property, hereby respect- fully request vacation of the alley in Block 1 in Oliver & Murphy' s Addition to the City of St. Paul, Ramsey Co. , Minn. The reason for requesting this vacation is to facilitate the grading and development of the abutting lots.The lots on the north side of this alley are just slightly above street level while the lots on the south side of the alley are 15 or 20 feet higher. There is no access to this alley except by going over privately owned property. The alley is not graded or used as an alley and is not likely to ever be used for an alley. It begins and ends in the middle of the block. The homeowners on Case street, which is the street north of this alley, have front driveways. Sims street, which is the street south of this alley, is not yet graded or improved„ The alley for which this petition requests vacation, lies between Case street on the north and Sims street on the south. The alley begins 180 feet east of Hazelwood and deadends 240 feet further east, or 785 feet from Kenard which is the next street to the east. The attached reproduction from the City plat book showing the subject alley, abutting property and boundry streets will help to explain the reason for requesting this vacation. A. Kamish Company owner of: Lots 2, 3, 4 , 5, 8 , 9, 10, and 11 except the west 20 feet of Lots 2 by 4/, President and. 11, all in Block 1, in Oliver and Murphy' s Addition. Owners of: Lots 6 and 7 , Block 1, in Oliver Marvin F. Schmandt ) and Murphy' s Addition. Eleanor M. Schmandt STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) A. Kamish being first duly sworn, deposes and states that A. Kamish Company; a corporation, is one of the petitioners herein, that he is the president of A. Kamish Company and duly authorized by said corporation to verify this petition; that he has circulated the within petition; that this petition was signed by each of the parties described above in the presence of this affiant; that the signatures above are the true and correct signatures of each and all of the parties so described; and that he has read the petition herein and knows the contents of said petition. Subscribed, and sworn to bef•re me �'L�4,e1 ,// C� C this 23rd day • lApril, 9, ' . A. amish ,�4 louts V. SA4U£ Public, Ram y County, Moo. 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