1902 (3) ' Thereupon, said petition and Plat were I
duly tiled in said orrice of said City irk \/j
and said notice was given and published ,/�./_J
et'Y F No. 6400— as by-law required, which said notice, in
Whereas, There was heretofore present- compliance with the charter of said City
ed to the Assembly of the City of St. of St. Paul and in compliance with the
Paul, one of the branches of the Common resolution of said Assembly, did, among
Council of said city, he other things, specify that said petition
y petition of the j would be heard and considered by the
Burlington, Cedar Rapids & Northern Committee on Streets of said Assembly
Thomas_ H. Brown, of Iowa, and e- on Monday, the twelfth day of May, 1902,
Thomas_ H. Brown, pbetwe for East va- I at the Council Chamber in the Court
cation v Eva street Levee East Water House and City Hall of said City of St.
more avenue and the Levee or Water Paul, Minnesota, at 4 o'clock In the after-
street, being that portion of said lock noon; and,
after-
street between block‘four (4) and West St.
five (5) Marshall's addition re to West plat saidheAss Assembly did meet at the Council
Paul,e n filaccording to the recorded gis- Chamber in said city on the day and at
ter of e file in the office of the Regis-
oun-
ter of Deeds in and for Ramsey Coon- the•hour above specified for the hear-
ty, Minnesota, which said petition was ing thereof, and did investigate and con-
duly signed and verified as required by siderand atter of saidepropos ap emcee_
he
law and did duly set forth the facts and
reasons for such vacation and was ac- testimony and evidence adduced on the
companied by a plat of the portion of r part of the petitioners and other per-
said street proposed to be vacated; and, sons interested in the matter of said pro
-
in in said petition said petitioners did,r posed vacation, and heard and received
among other reasons assigned for the the evidence and proof of the matters
vacation of said Eva street, aver that the averred in said petition, and being of the
same has never been used to any great opinion that the prayer of said petition
extent for public travel, and would not should be granted, and, having reported
be, even if said street were graded or its conclusions to said Assembly recom-
.
otherwise improved, and that said street mending the adoption of an app
'>...t. few fee ; resolution declaring said portion of Eva
redo crly a n *��nt Water street vacated,
direction beyond said levee or lti'ous- Now, therefore, be it resolved, by the
street, and the public will not be serious- Common Council of the City of St. Paul.
ly inconvenienced by said proposed va-
cation; and that said petitioners have ac- That all that part of Eva street between
quired title to all the property abutting East b'illmore avenue and the levee, or
upon both sides of that portion of said Water street, being that portion of said
Eva street proposed to be vacated and Eva street which is situated between
said Railway Company has purchased block four (4) and block five (5) of said:
large tracts of land in the vicinity, for Marshall's addition to West St. Paul, be,
the express purpose of constructing there- and the same is hereby vacated; but sub-
on suitable and proper freight terminals ject, however, to the following conditions,
and other facilities for the operation of viz.:
its railway, and said terminals were lo- 1. That the self} Burlington, Cedar
cated with a view, among other purposes, Rapids & Northern Railway Company of
of serving a large and increasing num� ' Iowa shall (by written agreement to be
her of factories and other business enter- executed by its proper officers and to be
prises which require the use of con- filed with the City Clerk of said City of
venient railway facilities; and said Rail- St. Paul within thirty (30) days from the
way Company, among other improve- passage of this resolution) agree to im-
ments, proposes to construct a terminal prove and put in first-class condition for
freight house upon portions of said blocks traffic with teams and vehicles, Eaton
four (4) and five (5) in said Marshall's avenue between said levee, or Water
addition to West St. Paul and . said street, and said Fillmore avenue.
freight house will be of such dimensions 2. Said petitioners shall pay into the
• because of its length, that it will be im- ' treasury of the City of St. Paul the sum
possible to construct the same wholly of fifteen dollars ($15), which is hereby
within the limits of any one of the fixed as the compensation to be paid by
blocks which said Railway Company has them to the City in consideration of said
acquired for its said terminal facilities, vacation.
and that said company contemplates Adopted by the assembly, May 15, 1902.
otherwise improving said premises and Adopted by the Board of Aldermen,
adapting the same to the needs and re- May 20, 1902.
quirements of its business, by the con- Approved, May 22, 1902.
struction of tracks, switches and ap-
proaches, and, without the vacation of
said portion of Eva street said improve-
ments could not be properly and con-
veniently made; and,
Whereite The said Assembly, deeming
it expedient that the matter therein re- ,
ferred to should be proceeded with,el
ordered said petition and accompanying
plat to be filed of record in the office of
the City Clerk of the City of St. Paul
and ordered said Clerk to give notice,
by publication in the official paper of
the city, for four (4) successive weeks, at
least once in each week, to the effect that
said petition has been filed as aforesaid
and setting forth in brief its object, and
that said petition would be•heard and
considered by the committee on streets
of said Assembly, on that certain day
and place in said notice to be specified,
not less than ten (10) days after the put-
lication of said notice in accordan'!e with.
the requirements of the charter of the
city of St. Paul, in such case made and
provided; and,
-76 74 4//mofz
2,4 ee 4
' ,c€ ; . / .
lviay 27th 1902.
Matt Jensen,City Clk,
Co,1rt House,
St.Paul,Minn.
Dear Sir :-We hand you herewith the following papers :-
First the agreement of the R.C.R. & N.Ry Co. executed by proper offi-
cers that it accepts the terms of the resolution of the city council
vacating Eva St.between Fillmore Ave.and water St. and agrees to put
in first class condition for traffic with teams and vehicles Eaton
Ave.between the Levee and said Fillmore Ave .
Second :-The receipt of the city treasurer showing the payment of fif-
teen dollars one of the conditions for the vacation of the street,and
showing also the payment of fifteen dollarsin addition for the advertis-
ing expenses etc .
Will you please file the agreement of the R.C.R. & N.Ry.and the receipt
of the city treasurer and write us that you have done so .
We also hand you copies of resolution of city council,plat, agreement,
and receipt of city treasurer for certification.We have also prepared
the certificate .Will you please sign and seal the certificate and
return to us with the copies attached sending us at the same time your
bill which we will be glad to pay.
very truly yours
Alv■moyekj417'"4
�y
41 41
NOTICE OF HEARING PETITION
to
VACATE EVA STREET between EAST y IL7M fl E AVENUE
and the LEVEE or TATt+;R STREET.
NOTICE is hereby given, pursuant to law and the
order of the Assembly of the City of St.Paul, a body of the
Common Council of said city, that the petition of the
Burlington, Cedar Rapids & Northern Railway Company of Iowa
and of Thomas H.Brown, for the vacation of Eva street between
Eat Fillmore avenue and the Levee or Water street has been
filed in the office of the City Clerk of said city of ;t .Paul.
Said Eva street was originally designated upon the plat i.n the
office of the Register of Deeds of Ramsey county, Minnesota,
as Goodhue street, and the portion of said Eva street pro- �.
posed to be vacated is situated between block four (4) and
block five (5) of Marshall's Addition to `'est t.Paul.
The reasons for t he vacation of said 'Fva street are
that this portion of said street has never been used to any
great extent for purlic travel, and would not be, even if said
street were graded or otherwise improved, and said street ex-
tends only a few feet in a Northerly direction beyond said
levgeor Water street, and the public will not, it is claimed
by said petitioners, be ; seriously inconvenienceIby the vacation
of said portion of said street. Another and f17rther reason
for vacating said portion of Eva street is that said petition-
ers have acquired title to all of the property abutting upon
that portion of the street proposed to be vacated and said
railway company has purchases- large tracts of land in the •
vicinity, for the express purpose of constructing thereon
suitable and proper freight terminals and other facilities for
the operation of its railway, and said terminals' were located
with a view, among other purposes, of serving a large and
increasing number of factories and other business enterprises
which require the use of convenient railway facilities, and
said :^ailway Company, among other improvements, proposes to
construct a terminal freight house upon portion;; of said
blocks four (4 ) and five ( 5) in said Farshal.l 's Addition to
West St.Paul,• and said freight house Will be of such dimen-
sions, because of its lent- , that it will be iliupossible to
construct the same wholly wv�; `hin the limits of any one of the
blocks w'.}. ich said railwa-' company has acquired for its said
terminal facilities ; and said company pany tontem, latex otherwise
improving said premises and adapting the ,eune t0 the needs and
requirements of its "ousiness by the construction of tracks,
switches and approaches, -and. .. ithput the vacation of said
Eva street ;_,id improvements cannot he properly and conve-
niently made. Pursuant to law ands to a,. order of the said
Assembly of said city or St .Pat.1, herein referred to, adopted
March 20, 190 ,, said petition rill be heard and considered by
the Committee on ^tr: e.f,s of said Assembly on Monday, she 12th
day of May, 1901, at the Council Chamber in the Court Houses and
City Hail of c.3 ai i city of St.Pau1, Minnesota, at 4 o ' clock
P.M. , at which time said committee will hear all the evidence
and testimony relating to ' such proposed ve.cation, which may
be offered by the parties interested therein.
hated '"t.paul, �.rinsesot , '''Marc 24, , 'O2.
ili I
. .
••
iik
a ,,,,A 2_ ,, , 7,,,, ,94.,, . 1
'Ilb
? ,,,fd BE IT RESOLVED, by the Assembly of the City of
St.Paul, to which body of the Common Council the attached
petition for vacation of that part of Eva street lying between
East Fillmore avenue and the Levee or water street in the city
of St .Paul has been presented by the petitioned named therein,
that it is deemed expedient that the matter of the vacation of
said Eva street between said East Fillmore avenue and the Levee
or water street, as set forth in said petition, should be pro-
ceeded with, and it is
O R D E R E D, that the City Clerk of the City of
St .Paul be, and he is hereby directed to file of record in his
office said petition and give notice by publication in the
official paper of the city for four (4 ) successive weeks, at
least onee in each week, to the effect that such petition has
been filed as aforesaid and setting forth in brief its ob-
ject and that said petition will be heard and considered by
the Committee on Streets of this body of the Common Council on
that certain day and place therein to be specified, not less
than ten (10 ) days after the publication of said notice in
accordance with the requirements of the charter of the city of
St .Paul, in such case made and provided.
Crq , 0„,e I, /41 coo4"' Z
ti
And now, having heard the evidence and
testimony relating to such proposed vacation, the Committee
finds all of the averments in the petition to be true, and con-
cludes and reports that the portion of said street proposed to
be vacated has never been used to any great extent for public
travel, and would not be even if said street were graded or
otherwise improved, and said street extends only a few feet in a
Northerly direction beyond said Levee, or Water street, and the
public will not be, it is claimed by said petitioners, seriously
inconvenienced by the vacation of said portion of said street.
Said petitioners have acquired title to all the property abut-
ting upon that portion of the street proposed to be vacated, and
said Railway Company has purchased large tracts of land in the
vicinity, for the express purpose of constructing thereon suit-
able and proper freight terminals and other facilities for the
operation of its railway; and said terminals were located with a
view, among other purposes, of serving a large and increasing
number of factories and other business enterprises which re-
quire the use of convenient railway facilities; and said Railway
Company, among other improvements, proposes to construct a
terminal freight house upon portions of said blocks four (4) and
five (5) in said Marshall 's Addition to West St.Paul, and said
freight house will be of such dimensions, because of its length,
that it will be impossible to construct the same wholly within
the limits of any one of the blocks which said Railway Company
has acquired for its said terminal facilities; and said Company
contemplates otherwise improving said premises and adapting the
same to the needs and requirements of its business, by the con-
struction of tracks, switches and approaches, and without the
vacation of said portion of said Eva street said improvements
cannot be properly and conveniently made.
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Said Committee reports to the Assembly
that it concludes that the petition for the vacation of said
Eva street should be granted, and it recommends the adoption
of an appropriate resolution declaring said vacation.
The Committee recommends that said vacation
be made and declared upon the following conditions, viz . :
1. That the said The Burlington, Cedar Rapids and
Northern Railway Company of Iowa shall (by written agreement
to be executed by its proper officers and to be filed with the
City Clerk of said city of St.Paul within thirty days from the
passage of such resolution) agree to improve and put in first
class condition for traffic with teams and vehicles, .Caton
avenue between said Levee, or Water street , and said Fillmore
avenue .
2. Said petitioners shall pay into the treasury of the
City of St.Paul the sum of fifteen dollars ($15) , which is
hereby fixed as the compensation to be paid by them to the City
in consideration of said vacation.
The adoption of the resolution of vacation
hereto attached is recommended.
All of which is respectfully submitted.
•
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• IP
P ET I T I 0 N.
for the
VACATION of EVA STREET between E.FILLMORE AVENUE
and the LEVEE or WATER STREET.
The Burlington, Cedar Rapids and Northern Railway Company
of Iowa and Thomas H.Brown make petition to the Common Council
of the city of St.Paul for the vacation of Eva street, so--
called , between East Fillmore avenue and the Levee or Water
street. Said Eva street was originally designated upon the
plat in the office of the Register of Deeds of Ramsey county,
Minnesota, as Goodhue street, and Fillmore avenue was origi-
nally designated upon the plat in said office as Fourth street.
The said Burlington, Cedar Rapids and Northern Railway
Company of Iowa and the said. Thomas H.Brown are the owners of
all of the property abutting upon both sides of said Eva
street between Fillmore avenue and said Levee or Water street,
and your petitioners attach hereto a true and correct plat of
the portion of said Eva street for the vacation of which this
petition is made.
The said Burlington, Cedar Rapids and Northern Railway
Company of Iowa is engaged in the construction of an extension at-
of its line of railway from Albert Lea, which was formerly the
Northern terminus of said lire, to the cities of St . Paul and
Minneapolis, and it has purchased a large tract of land in
Marshall 's Addition to west St.Paul and In Brooklynd, an ad-
dition to St.Paul, as and for a part of its terminal facilities?
in said city of St.Paul, and, among other improvements , A pro -'
poses to construct a terminal freight house upon portions of
blocks four (4) and five (5) in said. Marshall's Addition to
West St.Paul. Said terminal freight house will be of such
dimensions, because of the length of such building, that it
is impossible to construct the same wholly within the limits of
411'
one of said blocks, and, in order to make said terminal freight
house of the proper dimensions, it will be necessary to vacate
Eva street so that said building may be constructed in part
upon block four (4) and in part upon block five (5 ) of said
Marshall 's Addition to west St.Paul. Said railway company
also contemplates otherwise improving said premises and adapt-
ing the same to the needs and requirements of its business, by
the construction of tracks, switches and approaches, and, in
order to properly and conveniently make such construction, said
company should use said Eva street.
Further facts and reasons for the granting of this
petition to vacate Eva street between the streets named herein 1
are as follows : Your petitioners aver that this portion of
Eva street has never ben used to any great extent for public
awc\.Y`cuwt�'ho�.�r�
travel,Aeven if said street were graded or otherwise improved; I
said street extends only a few feet in a Northerly direction
beyond said hevee or water street, and the public will not, in
the opinion of your petitioners, be seriously inconvenienced
by the vacation of this street.
The property purchased by petitioner the Burlington,
Cedar Rapids and Northern Railway Company was acquired for the
• express purpose of constructing thereon suitable and proper
freight terminals and other facilities for the operation of
its said railway, and said terminals were located with a view,
among other purposes, of serving a large and increasing number
of important factories, industries and other business enter-
prises in the vicinity, which require, in the transaction of
their business, the use of convenient railway facilities, and
the location of said freight terminals, in the opinion of your
petitioners, is the most accessible and convenient, for its
patrons generally, that said company was able to obtain and
acquire.
•
- - i
.:
There are streets East and West of said Eva street
between the points herein named that are now, and al*ays will
be, in the opinion of your petitioners, ample and sufficient
to accommodate public travel.
W h e r e f o r e, Your petitioners pray that
said Eva street, between said East Fillmore avenue and the
Levee or `Water street, may be vacated.
IN WITNESS WHEREOF, said petitioners have hereunto
set their hands and seals this 12th day of March, 1902.
THE BURLINGTON, CEDAR RAPIDS & NORTHERN
RAILWAY COMPANY OF IOWA,
BYc` _ , President.
10, , , ! (SEAL) .
ATTEST:
Secretary of } . C.R.& N.Ry.Co . of Iowa.
State of Iowa, )
)ss.
County of Linn. )
C . J.IVES, being first duly sworn, deposes
and says that he is the president of the Burlington, Cedar
Rapids and Northern Railway Company of Iowa; that the facts
set forth in the foregoing petition are true.,_.
Subscribed and sworn to before me
This /,--- — day of March, 1902 .
Notary MATTE,
c,
County of Linn, Iowa.
• 4 .
1
,
• t
Jr
I
Approved as to forriik
this!' 'day of
•
TO TtE r, .(3ERS OF TIM ASSRMBLY Corpora 7u.�lGt��
OF THE CITY OF STPAUL, MINNESOTA.
To the Committee on Streets there was re-
ferred the petition of the Burlington, Cedar Rapids and Northern
Railway Company of Iowa and of Thomas H.Brown, for the vacation
of Eva street between East Fillmore avenue and the Levee, or
Water street, such portion of Eva street proposed to be vacated
being situated between block four (4) and block five (5) of
Marshall's Addition to West St.Paul, according to the recorded
plat thereof on file in the office of tee register of deeds in
and for Ramsey county, Minnesota.
In compliance with the terms of the reso-
lution referring the matter of said vacation to this committee,
it caused notice to be given as required by said resolution of
reference to this committee and by the charter of the city of
St.Paul, of the hearing and consideration of the petition for
such vacation. Among other things said notice, after assigning
te reasons for said proposed vacation, did provide that, pur-
suant to law and to an order of said Assembly of said city of
St.Paul, adopted March 20, 1902, said petition would be heard
and considered by the Committee on Streets of said Assembly on
Monday, the 12th day of May, 1902, at the Council Chamber in the
court house and city hall of said city of St.Paul, at four (4)
o 'clock in the afternoon, at which time said Committee would
hear all the evidence and testimony relating to such proposed
vacation which might be offered by persons interested therein.
In compliance with said notice duly given
and published, said Committee on Streets did meet at the time
and place indicated in said notice and did duly hear and consider
the evidence and the testimony relating to such proposed vacation
Which was given by the parties interested therein.
iolv
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S
in,W A 1..-0R'S T.
Whereas; The ASse ,ibly of te Pty of t.Paul
did, under date of May 15, 1902, adopt a resolution for the va-
,
catJon of tat portion of .1Wa street between East Fillmore avenuo
levee or Wii.ter street, in the city of ,:t.Paul, being that
port on of said Rva street which is situated between blocks four
(4 ) : i.re (5) of .Addition to West St.Paul, subject
to certain conditions of which one was that the petitioners for
such vacation s1on1r1 pa.y into the treasury of the City of St.Paul
the sim
o fifteen dolla-ns ( 15 ) , which was fixed by said reso-
lution as the compensation to be paid by said peti t loners to said
city in consideratjon of said vacation; and,
W h e r e a s, said resolution was afterward adopt-
c6_ by the Board of Alden:len 7:_ay 20, 14;.:3 ., and W.3.0 afterward ap-
proved 7.1",ay 22, 1902; and,
Whereas, The petitioners named in said reso-
.
lution, being the Burlington, Cedar 'Rapids and northern Railway
Towa and Thos H.Brown, having paid, on this )s'
1a of 7:tay, 1902, said sum of one ' into said treasury of said
City of 1t.P ,u1,
N0 , T R P, 0 11 E, I, the -Jriderrrigned
Treasurer of the City of :1t;.Pai.:11 do hereby acknowledge receipt
of the sum of fifteen dollars ($15) , syl-ach aura has been paid this
clay into the treasury of said City as t:-Le compensation to be paid
by said petitioners in consAerat:toon of sa vacation. .
/ '1,44/1,
,2 , c 7/0-72 C41
:a.„