1904 OFFICE OF
CITY TREASURER.
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Department of Walla-.
CITY OF SAINT PAUL.
JAMES C. MICHAEL
C R P O R A T I O N ATTORNEY.
ASSISTANT ATTORNEYS
GEORGr R. O'RE ILLY.
LOU V.:, R.FRANKEL.
EMIL W.HELMES.
January 4th, 1904.
To the Common Council.
Gentlemen: -
Herewith I transmit a proper form of resolution vacating a
portion of the alley in Block ter of Eastville Heights Addition, upon
the petition of the Church of St. Casimir and others , in accordance with
the amended plat attached to the petition, as directed by the Committee
on Streets of the Board of Aldermen.
Very respectfully,
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(% Corporation. Attorney.
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STATE OF MINNESOTA, )
) SS.
County of Ramsey. )
Casimir Kobylinski came before me personally and being
duly sworn, on oath, deposes and says, that he is the second vice-
president of the Church of St. Casimir, a corporation, one of the
petitioners to the attached petition. That he has read the petition
for the vacation of a portion of the alley in Block 10 of Eastville
Heights Addition to the City of St. Paul hereto attached and knows the
contents thereof, and that the same is true of his own knowledge.
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Subscribed and sworn to before me
this h . - of_l ovember , 1903.
Notary Public, Ramsey Coun y, Minn.
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To the honorable Cannon Council of the City of St. Paul:
We , the undersigned, being a majority of the owners, resident
within the City of St. Paul, of property adjoining the alley in Block
ten (10) of Eastville Heights Addition to the City of St. Paul, respect-
fully petition your honorable body to vacate and discontinue that
portion of the alley in said Block ten (10) lying and being between
the center line of Lot three (3) in said Block ten (10) and Forest
street.
That such vacation and discontinuance is asked for the reason
that the Church of St. Casimir, a corporation, has now in process of
construction, a church located on Lots twenty-nine (29) and thirty (30)
in said Block 10 and immediately adjoining that portion of said alley
desired to be vacated.
That said Church of St. Casimir desires to occupy, in the
erection and construction of said church, the greater portion of said
alley so desired to be vacated.
That the said Church of St. Casimir, one of the undersigned
petitioners, is now the owner of Lot 3 in said Block 10, and hereby
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promises and agrees, as a condition for such vacation and discontinuance,
to dedicate to the City of St. Paul for the purposes of a public alley,
`+' the west half (W. z
�) of said Lot 3 in said Block 10.
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That a plat of said Block 10 is hereto attached and that the
portion of said alley desired by your petitioners to be vacated is mark-
\ `. ed thereon "Proposed Vacation, " and that the west one -half of said Lot
IN. 3 in said Block 10, which the Church of St. Casimir agrees to dedicate
k4tv a to the City of St. Paul is marked thereof "Proposed part to be dedi-
x.,4 sated. "
Name . Residing at Owner of
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SNOW, THERF2ORE, It is hereby Resolved, By the Common Council
of the City of Saint Paul, that all that portion of the alley in said
Block ten (10) of Eastville Heights Addition to the City of St. Paul,..
Minnesota, lying between Lots one (1) and two (2) on the north thereof
and Lots twenty%nine and thirty on the south thereof, in said Block ten
(10) which extends from Forest street to the westerly boundary lines of
said Lots twenty-nine (2 9) and two 2
"T ( ) , as shown upon the plat annexed
to said petition, be and the sane is hereby vacated and discontinued
as
a public alley, subject however to the following terms and conditions,
that is to say:
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First... Such �.
Such vacation is upon the express condition that the
owners thereof shall execute and deliver to the City of St. Paul a good
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and sufficient deed, in form to be approved by the Corporation Attorney ,
dedicating the `j'
easterly one-half of Lot three (3) in said Block ten (10)
for use as a public alley for all time, the same to be so dedicated
that
the City will have the per etual riT
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•f p ght and easement therein for use as
a public alley.
Second..- Such vacation is upon the further condition that said
*petitioners shall, before this resolution takes effect, pay into the
treasury of said City the sum of Five Dollars in addition to the expenses
of this proceeding, which is hereby fixed as the compensation to be paid II
to said City in consideration of said vacation, in addition to the con-
ditions hereinbefore expressed.
APPROVED
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WHEREAS , There was heretofore presented to the Boa% of
Aldermen, one of the branches of the Common Council of the Cit% of
Saint Paul, the petition of the Church of St . Casimir and others, the
majority of the owners, resident within the City of St. Paul, of all
the land and property abutting upon and adjoining the alley in Block
ten (10) of Eastville Heights Addition to the City of St . Paul, praying
for the vacation and discontinuance of that portion of the alley in
said Block ten (10) , lying and being between the center line of Lot
three (3) in said Block ten (10) and Forest street, and more particular-
ly described and shown upon the plat annexed to said petition, which
said petition is duly verified as required by law and sets forth the
facts and reasons for such vacation; and
WHEREAS, The said Board of Aldermen deemed it expedient that
the matter therein referred to should be proceeded with and ordered
said petition and accompanying plat to be filed of record in the office
of the City Clerk of said City and ordered said Clerk to give notice
by publication in the official paper of said City, in the manner and
for the time required by law, that said petition and the subject ratter
thereof would be heard and considered by the Committee on Streets, of
said Board of Aldermen, at its regular meeting to be held on the 31st
day of December, 1903, at four o'clock P. I . of that day, at the Council
Chamber in the Court House and City Hall Building in said City, to
which said Committee said matter was duly referred for hearing and re-
port thereof, 1�and thereupon said petition and plat were duly filed in
the office of said City Clerk and said notice was duly given and pub-
lished as required by law; and
WHEREAS, The said Committee on Streets, of said Board of
Aldermen, did meet at the time and place above mentioned and appointed
for the hearing, investigation and consideration thereof and did then
and there duly investigate and consider the matter of said proposed
vacation and did then and there hear all testimony and evidence adduced
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on the part of the petitioners and all other persons interested in the
matter of said proposed vacation, and did take proof of the matters
averred in said petition, and being of the opinion that the prayer of
said petition should be granted to the extent and upon the terms herein-
k after stated, did duly report its conclusions to said Board of Aldermen
recommending the adoption of an appropriate resolution declaring saidV4f.1
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