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CITY OF SAINT P�.UL, / i
JAMES C..MICR AE.:. Y , 4 .� ^ �
COP PO RAT ON ATTORNCV ., ji
t& ' 14SA .
ASSISTANT ATTOPN EVS
LOUIS R FRANKEL ‘. ". j i 4
. CHAS. L_COLLETT 4 7J: .
HICHAEL OORAN.JR_ Ni / ''kk f�
JOHN J.KIRBY ? �"� ;
, ,ft
October 19th, 1909 .
N tAll
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To the Common Council .
Gentlemen:-
Pursuant to instruction of the Committee on Streets of the
Board of Aldermen, I transmit herewith proper form of resolution va-
cating that portion of Sherburne avenue extending from Aldine street
to the easterly line of Lot 27 in Block 5 and the easterly line of
Lot 4 in Block 8, of Dickerman Park, and that portion of the alley
in Block 5 of Dickerman Park extending from Aldine street to the
easterly lines of Lots 4 and 27 in said block, upon petition of the
Dickerman Investment Company; the compensation being fixed at $25 in
addition to the expenses of the proceeding.
Very respectfully,
oration Attorney.
iltCEIVED
DEC 10 1909
Mayors Office.
HOW,BUTLER & MITCHELL
ATTORNEYS AT LAW
JARED HOW
PIERCE BUTLER
WILLIAM D.MITCHELL ENDICOTT BUILDING
GEORGE HOKE
SAINT PAUL Sept 25 1909 .
&r. J. W. Cooper
c/o Griggs, Gooper & Company,
bt . i'aul.
Dear .ire
We hand you herewith in duplicate proposed agreement be-
tween James Hewitt, lainnesota Transfer railway Company and
your company. The agreement has been signed by Hewitt. We
believe it is acceptable to you and the only remaining thing
is to obtain the consent of the i.iinnesota Transfer Railway
Company. Before procuring 1,r. Hewitt ' s signature to this
instrument I submitted it to yr. George T. Slade and after
some minor correetions ,which were made at his suggestion,he
expressed the opinion that the innesota Transfer Railway
Company could take no reasonable exceptions to the provisions
of the agreement and that he would recommend its adoption.
It seems advisable to us for you to see possibly two cr three
other members of the Board of Directors of the Transfer Rail-
way Company- before any formal meeting is held, in order that
they may examine the contract and in order that its provisions
may be explained to them. If no serious objection is made
in this wad- , we might then have a formal meeting of the Board
called and the contract approved .
With reference to the agreement , we might say:
1. That it grants a definite and perpetual easement
for right of way in the exact location in Which the
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Successive Insertions—SL Paul Daily News.
Affidavit of Publication.
S I Si g •....uolsuuof a a t SS (-)7) / /
z b atuES t ;.. ..�....�....... being duly
'T 7, luaa saucer sworn, deposes and says: t,at he now is, a.' during all the time herein
`� mentioned has been in the e',ploy of the printer and publisher of the news-
.• T L •'Itt'td 'lS io dsaoo?Q
5 j 9 a912od 'a 0 paper known as "THE ST. PAUL DAILY NEWS,'• and during all said
r'LS T o •••'StiFNi 'NI •ouvata
namE� anulaV time was, and now is, principal clerk of the printer of the said newspaper:
t•LS T i •••— ll ant?l1V )Pe that the said newspaper: "THE ST.PAUL DAILY NEWS," was during all
y L5 T Z •••,ia2u S' S IagESI in_ the said time, and still is, a daily newspaper printed and published in the
S.' t� of it• gloog DI awes' City of St. Paul, in the County of Ramsey, in the State of Minnesota, on
sngo411V u4or ion Y Y Y,
VOZ OT T np,
aaooyFi 2i 'lQoH each and ever % / of the eek, exce.t unday; that the annexed printed
I'OHZ F. 1 aaootc 'V oaaa� ty
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L'ZZZ ii 8 s?ctaSlo� .0 o1 r
notice of % .. -�,/�
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;ltlausg•3100?g 7orI t •uolld?aosaQ �'t hereto attached and made part hereof, was cut and taken from the columns
u
putt aamp pasoddnS `Ls! of said new paper, and was printed and pnblished in said newspaper for
e
'KiEd uLSIaaayAz `uo?IIPP i Puoaas cnnseon ve days—weeks,, • than t e said
i•Oi7. 8T L '''a`Ltng 'L Puttutpa cn notice was rst printed .+.
aosnstt `r p . / published i' aid newspaper on ...
8,088 8i 8 PI .I aPooJ - 9
l"edauaa'Koolg'loI a, uotTd?aosa,a Id the d•... day o. ./... �... .. .. ... A. D , 190 -; and- x190
Pus u & pasoddnS £-
t.• ea e . ' •. : .. .. . ' - • : . •-.. .. . •. • '. - ery
•uo?lIPPV NMI ``1.03d tuE?•aay(
11rid ')T "T succeeding uali� 1nCl the
Z'90Z L ZI tE la
L'E0t6 L • EL tsT� day of. A. D., 19® that said newspaper was,
•aalssousz ''I
;l?;auea Kao?g'lo I •uo?ld?aasea during all the time in this affidavit mentioned, nd still is, a collection of
putt aaun+o pasoddnS reading matter in columns and sheet form, the matter consisting of general
and local news, comments and miscellaneous literary items, printed and
•uo?IIPPV s,tnnvH '0 xaaa f published in the English language daily except Sunday, at an established
L'Eii , VC 8 aaolS *NI ugor l office, and known place of business in said city, to-wit: No. 92 East Fourth
exaag 'o £•I Street, equipped with the necessary materials, newspaper resses and
9,cTZ i� atuys Y . P
i �loQ ,� .Q skilled workmen for preparing, printing and publishing the same, and the
L'Etc Ti L emus , whole thereof, in said city; that the said newspaper, as during all the said
L'`L 9 8 auiES , time, and still is dated in St. Paul, and generally circulated in said city
9'_I't 9 L autE• ,
•IL T. E L gaols 'N 'r and county, that said newspaper, for more than one year next preceding the
;t'T" CA `i• uosaalad y� 8uu 2 date of the first publication of said notice, and during all the time of said
E.i_`_:`' - Tr•••• utt11111ratnl u01 iV publishing, was printed in whole, and published and circulated in said
county;that during all the said time said newspaper has consisted, and still
consists, of more than the equivalent in space of four pages, of more than
five columns to each page, each column being not less than seventeen and
three-fourths inches long;that during all said time said printer and publish-
er of the said "ST. PAUL DALLY NEWS" has printed, published and
delivered, at each regular issue, more than two hundred and forty complete
copies of said newspaper to paying subscribers;that said newspaper during
said time,has never been, and is not now a duplicate nor made up wholly
of patents, or plates and patents and advertisements, or either or any of
them.
That heretofore and prior to March 31st, 1901,the publisher of said news-
paper filed with the County Auditor of said Ramsey County, an affidavit
setting forth the facts required by Section 2 of Chapter 33 of the General
Laws of the State of Minnesota for the year 1893, as amended•
That affiant knows personally all the facts set forth in this affidavit, and
that each and all thereto are true.
Subscribed and Sworn to before me this - •�` �/ AP;- Fee,$ Received Payment.
v°Laay °f - . , A. D. I�1 THE DAILY NEWS PUBLISHING CO.
� /. . .. a e 19 Per
N e ar • 'lie, Ran -y County, o innesota.
MY CommiseI n explree Dee,8.1914,
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Successive Insertions—St, Paul Daily News.
Affidavit of Publication.
STATE OF MINNESOTA, ,/oamy •
SS •(�
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Count being duly
sworn, £22"
nd says: that e now is, and during all the time herein
mentioned has been in the employ of the printer and publisher of the news-
paper known as "THE ST. PAUL DAILY NEWS," and during all said
NOTICE OF BEARING FOR VACATION. time was, and now is, principal clerk of the printer of the said newspaper:
that the said newspaper: "THE ST. PAUL DAILY NEWS,"was during all
Vacation of street and Alley. the said time, and still is, a daily newspaper printed and published in the
given that the pets- City of St. Paul, in the County of Ramsey, in the State of Minnesota, on
Notice is hereby each and eve y day of the we k, except Sunday; that the annexed sr nted
Lion of the Dickerman Investment Co. /
for the vacation of 'Sherburne avenue,
from Aldine street to the easterly line
of lot 27, block 5, and the easterly line rice of--- --km,14\of lot 4, block 8, dditioman rk; I r / /also the alley in block 5, from Aldin /YICIJ/^�street westerly to the easterly line of 1
lot' 4 and lot 27 in said block 5, all
in Dickerman Park Addition, has been of
theaCit_thofoStCePaul, M nnesotae,r and
said petition will be heard aad con-
sidered by the Committee on Streets -
of the Board of Aldermen at a meet-1
Chamber thereof, to Court held in the Council hereto attached and made part hereof, was cut and taken from the columns
Chamber in the Court House-an,d City
Hall Building on Thursday, Sept. 2, of said newspaper, and was printed and pnblished in said newspaper for
1909, at 4 o'clock In the afternoon of '/ p p
said day. 1 oeeseeve days—w —that t e said
Dated at St. Paul, Minnesota, July
12, 1909.
GEORGE T. REDINGTON, notice was first printed p is a in said newspaper on,..•.... ...
City Clerk of the City of St. Paul, the I J day of..�
Minnesota.
A. D , 19Ui--; and was
(July 13-20-2227-Aug. 3-1909-4t)
thereafter pr' ted . .i published in said newspap n each and every
succeeding.-/� A--? until and including. 3 the
day/ of. A. D., 19.11.1-that said newspaper was,
during all the time in this affidavit mentioned, nd still is, a collection of
reading matter in columns and sheet form, the matter consisting of general
and local news, comments and miscellaneous literary items, printed and
published in the English language daily except Sunday, at an established
office, and known place of business in said city, to-wit: No. 92 East Fourth
Street, equipped with the necessary materials, newspaper presses and
skilled workmen for preparing, printing and publishing the same, and the
whole thereof, in said city; that the said newspaper, as during all the said
time, and still is dated in St. Paul, and generally circulated in said city
and county, that said newspaper, for more than one year next preceding the
date of the first publication of said notice, and during all the time of said
publishing, was printed in whole, and published and circulated in said
county;that during all the said time said newspaper has consisted, and still
consists, of more than the equivalent in space of four pages, of more than
five columns to each page, each column being not less than seventeen and
three-fourths inches long;that during all said time said printer and publish-
er of the said "ST. PAUL DAILY NEWS" has printed, published and
delivered, at each regular issue, more than two hundred and forty complete
copies of said newspaper to paying subscribers;that said newspaper during
said time,has never been, and is not now a duplicate nor made up wholly
of patents, or plates and patents and advertisements, or either or any of
them.
That heretofore and prior to March 31st, 1901,the publisher of said news-
paper filed with the County Auditor of said Ramsey County, an affidavit
setting forth the facts required by Section 2 of Chapter 33 of the General
- Laws of the State of Minnesota for the year 1893, as amended•
That affiant knows personally all the facts set forth in this affidavit, and
I
that each and all thereto are trup /
4 ow
# . / /
Subscribed and Sworn to before me this ,-- - -e , ! '
/ Fee,$ Receive 1 'ayment.
ole__day A. D. t�l' -- THE DAILY NEWS PUBLISHING CO.
r •—•
f _.. Date iq Per
otary Public, Ramsey County, Minnesota.
UV�1M
f0!\P^ ^...+Inn.•T1,"
0 rt,Q
MY ComnIS.fon explrat Nov e•1918,
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L.W.RUN DLETI,
COMMISSIONER
St , Paul, Minn. Dec, 11, 1909,
Hon . D. W. Lawler,
Mayor,
C I T Y.
Dear Sir, -
All streets and alleys (except the one cited in the present case)
in Dickerman Park embracing the eight blocks bounded by Thomas, Aldine,
University and Fairview Aves, have already been vacated for factory and
warehouse purposes. The records show that the Dickerman Investment Co.
have become owners of Lot 29 as claimed and consequently the resolution
vacating part of Sherburne Ave, and part of the alley in Block 5 seems to be
proper in-as-much as the street and alley thus vacated have no westerly
outlet and as such vacation renders available for factory purposes the
whole tract above described.
Yours very truly,
i
Commissioner of Public Works.
llt,,)fic.jitifilf
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St. Paul, Minn. , Jul;
4 (if
;t_. ■, , ,: Jic',ortitluli Cc rich of .fit City of :! . •,�: _,
The undersigned, owners of all the land and property fronting
upon all the portions of all the streets and alleys her•einaft�ur descri.bt•d,
i.seticion your t,tunor:•able Body for the vacation of Sherburne Avenue, from
�'Id nF re_t to the easterly line of lot twenty sewer (r; ) , in block
five ( a) , and the easterly line of mot four (4) Mock eight Ls) , or
Pic)c -r•'an Park, also all of the alley in 'Block •1'iv ( 5) , frorn Aldine
Str ,.: t westerly to the easterly line of lots four (4 ) and twenty r,iiven
( 27 ) , in said )loot; five ( 5) , all in nickerman .,ark, an addition :ca the
city or `it. Paul , ' irnesu t:a ; a nli=:t of said street and alley ,And of' tho
Dnonerty involved 1s htreto E;tt,r ee. end rlide a tart of this i .titiori.
The facts and reasons for such petition are that the owners
of said property dosire to improve and use the same as one tract of land
for f-. t<_ ry an warehouse purposes; that all the streets and a11eYs
in t'-lo belay ..!‘... of ni,-krrn,an .,srk tofore been vacated for the
S3T_^:e purnOSt,S and reasons; that at the time of ruth former vLcation the
at 'e=ct and a1'_ ey now ask o . to be vf'c=ted w'3fi ry t included in the pot ' t 't n,
because the then owner of lot twenty nine (29 ) in bi< ek fitrr, ( 5 ) , of said
?)icku'i an nark, had built a house front ixv e n the street And wo u d by
Such vacation be shut-out of access thereto ; that since said former
vacation your p•.titioners have. purchased It twenty nine (29) , in block
fivo ( 5) , in said nickerman nark, r'roT, the then owner and rerx'tr d the
ho :-4o: ':'�.,r x' ra i:1 ord:.°r that the p:T•c.p :r•Ly m171,t he: 'If;ed in r•t ring:ntion
with the -, •u,iosed factory and Narohouo.o. Purposes.
rlo part of said strut or alley has ov r Peen c. ' nee t. r prrtded
U:^ 1-iprcved or 'Asert as public streets and tilt: nal})iie it not a;uff.:r
or be inconvenienced 5,1 such •racatlun•
'"71 P.,..o_1.irT j'c. '..r pe.:lt1 r rs pray that the above »or a ot, of
said ,!ne ':,urne .Avenue and of ttho alley in said t51ock rive (5) her ei.nbofore
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specifically setf- rth be Nracat,A and discontinued as public street and
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CO UF TY 071 RAT:131'v )
On this ire( day ocf:jr.4/.___ A. P. ,P.P2.6 , before me, a TAJtari-
---
public, within and for County of Rarrwey , and State of inues(. La,
p-rsonally appeared Walter 7)icku:'rian, to me personally known, who ,
bein:, dull s4orn says, that he i(= the Trice-President of the Pickerman
Inve•Airent Company, a corporation, which is one of the signers of the
i p tition, that he kno,is the f,cts tIlerein set forth, and that
the same are true of his own knowledged; that the seal affiN, d to the
foregoing and annexed petition is the corporate Evil of said Corporation,
Pickerrnan Investment Company; that said instrument was signed and
sealed in bfehalf of said corperP.tiun by autherity of it 's board of
directors; that said Walter T-T. Dickeerlan acknowledged said instrument
to be the free act and deed of said corpc dipF
• -
pubscribed and sworn to before me
/
this day of
41144 -/
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T',;() tall/ Public, ,,aras t;/ : ,
MJ Cornmis;.;iun e)c, ir es All/r-c-r ZS-tif/-3
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Whereas, there was heretofore pre-
sented to the Board. of Aldermen, one
of the branches of the Common Coun-
cil of the City of St. Paul,. the petition
of the Dickerman Investment Company,
the owner of all the land and property
It abutting upon and adjoining the street
G'4 and alley herein described, praying for.
4, # the vacation of all that portion of
of w' n Sherburne avenue, from Aldine street,
itto the easterly line of lot 27, in block
l708 5, and the easterly line of lot 4, in
block 8, of Dickerman Park; also that
portion of the alley in said block 5,'
extending from Aldine street to the
easterly lines of lots 4 and 27, in said'
block 5 of said Dickerman Park, in
WHEREAS, There was heretofore presented to the
more Citpay of rticularl St.y d Paul,escribed Minnesotaand ,shown and
upon the plat annexel to said petition,
Common which said petition is duly verified as
Aldermen, one of r C the branches of the ommon Council required by law and
facts and reasons for such sets vacationforth the;
and
St . Paul, the petition of the Dickerman Investment Whereas, the Board of Aldermen
• the deemed it expedient that the matter
(therein referred to should be proceed-
ed with and ordered said petition and
accompanying plat to be filed of rec-
owner of all the land and property abutting upon an"a in the office of the City Clerk of
said city, and ordered said City Clerk
and to give notice by publication in the
street and alley herein described, praying for the official paper of said city in the man-
ner and for the time required by law,
that said petition and the subject mat-
ter thereof would be heard and consid-1
that portion of Sherburne avenue from Aldine streetered by the Committee on Streets of
said Board of Aldermen at its regular
meeting to be held in the Council!
Chamber' in the.Court House and City'
line of Lot 27 in Block 5 and the easterly line of Hall Building in said city on the 2d day,
of September, 1909, at 4 o'clock in tile]
afternoon of said day, which said no-1
of Dickerman Park; also that portion of the alley itlq was duly published and given asi
,. required by law; and
Whereas, said Committee on Streets;'
of said Board of'Aldermen did meet at
extending from Aldine street to the easterly lines the time and place above mentioned
and appointed therefor, and did then
and thereafter duly continue the same
in said block 5 of said Dickerman Park, in the Cit until its regular meeting on the s 14,
v , y1909, at 4 o'clock p, in., at the same
place, and did then and there duly
meet for the hearing, investigation:
and consideration thereof, and did then;
Minnesota, and more particularly described and ehowand there duly Investigate and consid-
er the matter of said proposed vaca-
tion, and did then and there hear all
annexed to said petition, which said petition is dutestimony and evidence adduced on the
part of the petitioners and all other
persons interested in the matter of said
r + t and proposed vacation, and did take proof
required by law and sets forth the facts and. reasonof the matter averred in said petition,
and being of the opinion that the
prayer of said petition should be grant-
t i on and ed upon the terms hereinafter stated,
did duly report.its conclusions to said
Board of Aldermen, recommending the
C� ^doptlon of an appropriate resolution
WHEREAS, The Board of Aldermen deemed it e',I.
isa herebych vacation; now therefore,
Resolved, by the Common Council of
i, the City of St. Paul, that all that por-
matter therein referred to should be proceeded witlition of Sherburne avenue from Aldine
sweet to the easterly line of lot 27 in
'b'.ock 5, and the easterly line of,lot.
filed in block 8, of Dickerman Park; also
petition and accompanying plat to be filed of 'record, orti„n oP the alley in said block
i f,uni Alai.,e street tc the
easter�y line. of lots 4 and 27, in raid
the City Clerk of said City, and ordered said ty tf°St of , Minnman Park, in tho City
I t3e.ad C2e �1ieSt. Paul, Mtnnesota, as shown np�e; '
and the same a e hereby vacatedr and
notice by publication in the official paper of discontinued as public street and pub-
Y p saicli alley, subject, however, to the Pol
g conditions, that is to say;
Such vacation is upon the condition
the that said petitioner shall pay into the,
manner and for he time required by law, that said Treasury of said city the sum of
twenty-five dollars ($25.00), In addition
r q f to the expenses of this proceeding, as
subject matter thereof would be heard and considertCompeneatfon for such vacation; and
upon further condition that said City
of St. Paul retains and reserves sol
Streets y much of said vacated streef and alley
on Streets of said Board of Aldermen at its regula:as is necessary for the widening of
Aldine street on thit westerly side –
thereof, as platted, to a width of one
held in the Council Chamber in the Court House andhundred feet.
u Adopted by the Board of Aldermen
Oct. 19, 1909.
Adopted by the, Assembly Dec. 2.
in said City on the 2nd day of September, 1909, at 1909.
Approved Dec. 14, 1909.
(Dec. 24-1909) 1
the afternoon of said day, which said notice was duly puD1ined -and
given as required by law; and
WHEREAS, Said Committee on Streets of said Board of Aldermen
did meet at the time and place above mentioned and appointed therefor
and did then and thereafter duly continue the same until its regular
meeting on October 14th, 1909, at four o' clock P . 11. at the same
place, and did then and there duly meet for the hearing, investiga-
d there duly investi-
tion and consideration thereof, and did then an
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gate and consider the matter of said proposed vacation, and did then
and there hear all testimony and evidence adduced 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 upon the terms hereinafter stated, did duly report
its conclusions to said Board of Aldermen, recommending the adoption
of an appropriate resolution declaring such vacation; now therefore,
it is hereby
RESCL ED, By the Common Council of the City of St . Paul, that
all that portion of Sherburne avenue from Aldine street to the easter-
ly line of Lot 27 in Block 5 and the easterly line of Lot 4 in Block 8
of Dickerman Park; also that portion of the alley in said Block 5,
extending from Aldine street to the easterly lines of Lots 4 and 27
in said Block 5 of Dickerman Park, in the City of St . Paul, Minnesota,
as shown upon the plat annexed to said petition, be and the same are
hereby vacated and discontinued as public street and public alley,
'1. subject, however, to the following conditions, that is to say:
:rdA:h
Such vacation is upon the condition that said
� p petitioner
shall pay into the treasury of said City the awn of Twenty-five
Dollars ( 25 .Oo) , in addition to the expenses of this proceeding, as
compensation for such vacation; and upon further condition that said
City of St . Paul retains and reserves so much of said vacated street
and alley as is necessary for the widening of Aldine street on the
westerly side thereof, as platted, to a width of one hundred feet . 1
i
Adopted by the Board of Aldermen, Adopted by the Assembly,
. DEC —2 ITO
J
is 19 ,'_:A. 190 _ -- _ — --1`�
YEAS I NAYS,
YEAS NAYS,
ALD. PUSC MANN MR. CA ERON
COR INO CO ROY
(DER ER. D LY
HY AND H AS
MAIpNEY
' • •• K RTAIi
K LLER
NY c Rf3 PO VERB
WHITCOMB
RIE NAYS 0 MR. PRESIDENT (YOERG)
TRO s Approved _-__.,V_...e..__L ,2 a` l 19o0/
NAYS 0 MR. PRESID rd T (HUBER) / / /
_ __ — —Mayor,
Mayor.
COL" 24 191.',9,7
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