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1906 (10) • ( itvr tt1.erk Office, . it.vtritt. Sinn. GEORGE T.RE CNN GTON,CITY CLERK ALBERT L.WAGNER, 455T.CLERK. April 27th,1906. Mr. J.C.Michael, Corporation Attorney,City Dear Sir,- The Committee on Streets of the Board of Aldermen at their meetimg held April 26th,1906 made favorable repott on peti- tion of the Stickney Realty Company for the vacation of Custer street from Fairfield avenue to Filimore avenue, naming as compen- sation, the sum of $500 .00 ; and instructed me to transmit said petition to you with the request that you draw up proper form of resolution vacating same. . Yours truly, ; 4-i,f_71 / Lv City Clerk. -- -L •1./> ' Citv- (Cirtii Coffirr, t Trani. Ainn. ' tth/71‘ - GEORGE T.REDiNGTON,C,V CLERK. f ALBERT L.WAGNER, ASST.CLERK. J , I 0' / _ / ,z; / : / - /y T. Idl(AJC/ /C ,AC CV,,liai- Vie--- ' J / ,(7 / / Eet‘ ' ----e 47/ - / / / / ' ' e/ / • ,/ JL7 fr '' . 1aAtljeZ ti4 al';:417 .rd( 4 1 fi , K;t4 k V/19/ / e/e,L, ''- / i A4 r(i / 6 // c- 4‘ Z. t iZege tjt/i/di 7kie-t/r/ : - / A a 2-x77- f".-----4,-- - ti Y/ 6,1,,,' ,,t,/ i ,,. ./,-.; . r -- , ,r- ) 7 1 i • • i,I Bd F No. 22877_. Whereas, there was heretofore pre- sented to the Board of Aldermen, one of the branches of the Common Council of the City of St. Paul, the petition of the Charles A. Stickney Realty Com- a, pany, the owner of all the land and 1 property abutting upon and adjoining that part of Custer street, hereinafter described, praying for the vacation of 1 - Iall that part of Custer street, in the City of St. Paul, Minnesota, lying be- ' (,/i tween the north line of Fairfield ave- ( t� nue,and ndd more the south line of Fillmore ave- ne shown upon re Particularly described said petition, which plat annexed to WHEREAS, There was heretofore presente( auly verified s required byelawnand sets forth thea facts and reasons for such vacation; and men, one of the branches s Of the Common Council C it Of I Whereas, the said Board of Alder= f men deemed it expedient that the.sat- JIter therein referred to silouki be pro . ceeded with and ordered said petit] the petition of the Charles A. Stickney Realty Co,anof d the accompanyingp;�t e t° be tllei� record ]n the off ice of th City Clerk of said city, and ordered 'said City Clerk to give notice by publication in the land and property abutting upon and adjoining(the official paper of said city in the manner and for the time required by tssv, that said petition and the sub- street hereinafter described, praying for the vac!_'eet:matter thereof would be heard and 7 p y t oneidered by the Committee on Streets of said Board of Aldermen at its regular meeting to be held in the of Custer street in the City of St . Paul , Minneso!Cottnc]1 chamber in the Court House 1 and City Hall building in said city on the 26th day of April, 1906, at four north line of Fairfield avenue and the south line o'clock in the afternoon, which said notice was duly published and given as required by law; and and more particularly described and shot ve.^. upon t. of saideBoardidof Aldermenodidtmeet at the time and place above mentioned !and appointed therefor, pursuant to said notice, for the hearing, invest]- petition , which said petition is duly verified asgat]on and consideration thereof, and did then and there duly investigate A and consider the matter of said pro- sets forth the facts and reasons for such vacatiapo5ed vacation and did then and there hear all testimony and evidence ad- duced on the part of the petitioner and all other persons interested in the WHEREAS , The said Board of Aldermen de matter oP said proposed vacation, and did take proof of the matters averred In said petition and being of the opin- the matter therein referrred to should. be proceed'°n that the prayer (pens f said petition,id should be granted upo the terms and conditions hereinafter tated, did duly petition and the accompanying plat t o b e filed of report its , reco f recommending to said Board of e t it i on ar. of Aldermen, recommending the acing:. ii. �j_�.cia�x�proprat resolution de- it is heieby vacation; now, therefore, the City Clerk of said City, and ordereasaid City Resolved, by the Common Council of�1 of the City of St. Paul, that all that part between thetrnorthn Saida" lying, publication in the official paper of said City ilacnne and the south lllne°,P Fairfield `e avenue, as shown upon the plat annexe .t,,,,, hereb said petition, be and the same is. time required by law, that said petition and the public stacesuaand discontinued as a t j following conditions, that Aisvto,say,the•would be heard and 1• Such vacation is u d considered by the Committee O condition and reservation upon ri ht toaenterall at all times have the g eon said street for Of Aldermen at its regular ulcer meetin t0 be held in rP0se of maintainin theI meeting g, repairing and in,o r extending the sewer located -1 vacated ding under the surface op in the Court House and City Hall Building in saiother works of is of said street sueh1 from time to time ma improvement as � pedient by y be deemed ex- Y the Common Council. of April, 190G , at four o' clock in the afternoon 2. Such vacation is upon the furthers condition that said this resolution takespeffect Sh l pa into the Treasury of said cit shall pa; duly published and given as required by law; an of five hundred dollars y ien soul by 1 // dition to the expenses of this proceed.d. pensat.ion]lto bereby flied as the com.� VV WHEREAS , Said Committee on Streets o) paid to said city inn consideration of such vacation. MayAdopte'15d 906.by the Board of Aldermen , 1 did meet at the time and place above mentioned 114dopted by the 'Assembly May 17, Approved May 21, 1906. tion to said notice , for the hearing , inves.�e,,,.__ _ Y 4, 1906) ,,ion 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 on the part of the petitioner 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 upon the terms and conditions hereinafter stated, did duly report its conclusions to said Board of Aldermen , recommending the adoption of an appropriate resolution declar- ing said vacation; now therefore , it is hereby Resolved, By the Common Council of the City of St . Paul , that all that part of Custer street in said City lying between the north line of Fairfield avenue and the south line of Fillmore avenue , as shown upon the plat annexed to said petition, be and the same is hereby vacated and discontinued as a public street, subject , however, to the following conditions , that is to say: v 1 . Such vacation is upon the express condition and reservation that the City of St . Paul shall at all times have the right to enter upon said street for the purpose of maintaining , repairing and recon- structing the sewer located therein , or extending under the surface of the vacated portion of said street such other works of public improve- ment as from time to time may be deemed expedient by the Common Council . 2 . Such vacation is upon the further condition that said petitioner , before this resolution takes effect, shall pay into the Treasury of said City the sum of Five Hundred Dollars (.$500 . 00) in addition to the expenses of this proceeding, which is hereby fixed as the compensation to be paid to said City in consideration of such vacation. Adopted by the Board of Aldermen, Adopted by the Assembly, MAY 151906 190 190 YEAS. NAYS. YEAS NAYS, 4'''' ALD. BAN Z BRE NAN HAAS e'''' BUSHMAN APPROVE KELLER !/ CORNING AY 1---/ 1900 O'BRIEN VHACKNEY POWERS I. L/' HEB Z A s„,___--- REGAN ti r LYNCH Mem)?. WHITCOMB MORIARTY . YOERG NYBERG / _ NAYS 0 Mr. PRESIDENT ROHLAND u � 3 4 4 NAYS 0 ' MR. PRE IDENT Approved 190 �,� Mayor. { ‘ �7 MAY 23 1906 a 4, TO THE COMMON COUNCIL OF THE CITY OF ST. PAUL, I XNESOT'A: The undersigned, a resident and citizen of the City of St. Paul, Minnesota , and the owner of all of the property on the line of that part of Custer Street in said City which is hereinafter described and which part of said Custer Street is designated by red lines on vexed plat , respectfully asks your honorable body to v th4' following part of said street , viz: That part of said Custer Street lying • between the n 10110 ne of Fairfield Avenue and the south line of Fillmore Ave a .tin said city. That the reason for vacating said part of said street is as follows: That it is necessary in order to properly carry on the business of the Charles A. Stickney Colipany to build eaten ' , s to its machine shop and foundry on the east and west si R - ter Street proposed to be s vacated, a , on there' occupy with buildings so proposed ed that part of Custer Street herein propo e vacated, the location of which proposed buildings is shu n in yello lines on said plat hereto annexed. That the undersigned the owner of all of said pro- perty upon which said exten.s illpo be built , and has agreed to make such extensions to sa ildings for said Charles A. Stickney Company as soon as the vacation herein prayed for shall be completed. 111FREFORE The undersigned prays that said vacation be t. made by, your honorable body at as early a date as possible . 'D ed this day of March 1906 . ` if s. THE CHARLES A. STICKNEY REALTY COMPANY. ,r _ p Of '+ BY C /Wi�� �, Pres ' .t" t . It . p � � \ = ,... Oa. as 41 hi** `■fie «! 0 ?. '■■7� �/ ? , � t, © Q \� \ \ \\\J{: . \ \\ Q apf\ / 2: \V ^^ . / ali JO' STATE OF "!W TF S OT A ) ( ss. COUNTY OF RAMSEY. ) A. P. Stickney being first duly sworn, says that he is the president of the Charles . Stickney Realty Company, the c)etitioner herein, and verif ,s this petition on its behalf , that he has read the foregoing petition and knows the contents thereof , and th3 the same is true of his own knowledge . • Subscribed and sworn to before ( , L�. 3J <_t -e -Q�- - -� roe� this 9 day of March 1900') - —-- - — _ 2% 6 , - -. ' / ij-77/ -- j,,,, _ ,„ , l'i ----Nota ✓ Public, Ramsey County , Minnesota. ,;,'I ! aayc�,, ;,. . / i, /90 9' / • t 4 r . . +: 1. 41, p WHEREAS There was Presented to the Common Council of the City of St . Paul, on the day of March 1906, the verified petition of the Charles A. Stickney Realty Com- pany, wherein the Council was requested to vacate that part of Custer Street lying between the north line of Fairfield Avenue and the South line of Fillmore Avenue, in said City of St . Paul, Minnesota, and WT- ;REAS Said petition did correctly and definitely describe the part of said street proposed to be vacated and did duly set forth the reasons for such vacation and was duly accompanied by a plat of said part of said street proposed to be vacated, and was duly verified. by the owner of all of the property on the line of said pert of Custer Street proposed to be vacated, and WHEREAS On the above mentioned date such petition with the accompanying plat showing the part of the street sought to be vacated, was under order of such Common Council filed of record. with the City Clerk, who thereafter duly gave notice by publication in the official paper of the City of St. Paul once each week for four successive weeks to the effect that such petition had been filed as aforesaid and stating in brief its object and designating therein the day upon which said petition would be considered, and it appearing that ten days have elapsed since the last publication of said notice , and all parties interested. having been heard and said petition having been duly considered and investigated, NOW THEREFORE, Pe it resolved by the Common Council of said City of St . Paul, that the part of Custer Street ly- ing between the north line of Fairfield Avenue and the south line of Fillmore Avenue in said City of St. Paul, be and the 40 same is hereby in all respects vacated; provided, however, that said vacation is upon the express condition that said City of rt . Paul shall have at all times the right to enter upon the vacated part of said street for the purpose of re - pairing and maint ,.ining the sewer therein located, or extend- ing under the surface thereof such other works of improvement as from time to time may be found necessary by the Common Coun- cil.