1912 (3) OFFICE OF
CITY TREASURER.
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Affidavit of Publication.
STATE OF MINNESOTA, r
)-ss.
County of Ramsey being duly
Bd F No. 35545— sworn, deposes and says: that he now is, and during all the time herein
Whereas, there was heretofore pre- mentioned has been in the employ of the printer and publisher of the
sented to the Board of Aldermen, one newspaper known as the "ST. PAUL REVIEW" and during all said time
of the branches of the Common Coun- ', was, and now is, principal clerk of the printer of the said newspaper;
cil of the City of St. Paul, the petition '
of Patrick Hickey and Isaac Yossem, that the said newspaper: the "ST. PAUL REVIEW," was during all the
owners of property adjoining and said time, and still is, a weekly newspaper printed and published in the
abutting on the street hereinafter de- City of St. Paul, in the County of Ramsey, in the State of Minnesota, on each
scribed, praying for the vacation of
Byron street from the north line of St. Saturday of every week; that the annexed printed notice of
Anthony avenue-and running BIL-9-4
feet north, being all of the unvacated
part-of said Byron street, as shown upon the plat annexed to said petition, ti}5�,1,
which said petition is duly verified as �J
required by law and sets forth the
facts and reasons for such vacation;
and ,
Whereas, said Board deemed it ex-
pedient that the matter therein refer-
red to should be proceeded with, and
ordered said petition and accompany-
ing plat to be filed of record in the hereto at ched and made part hereof, was cut and taken from the col-
office of the City Clerk of said city,
and ordered said City Clerk to give umns of 1• 1spaper, and was printed and published in said newspaper
notice by publication in the official for ' • weeks, once in each week—that the said
paper of said city in the manner and
for the time required by law, that said notice w firs Tinted and publi. ed in said newspaper on Saturday, the
petition and the subject matter there-
of would be heard and considered by f J day of... GkA,�! A'
the Committee on Streets of said Board 1
of Aldermen at its regular meeting to D. 19i.1' and was thereafter ,r,■ ted and published in said newspaper
be held in the Council Chamber in the
Court House and City Hall building, on each and every succeeding Sa urd:y until and including Saturday, the
in said city, on the 16th day of No-
vember, 1911, at four o'clock p. m., day of .A. D.,
which said notice was duly published
and given; and 19 • that said newspaper was, during all the time in this affidavit
Whereas, said Committee on Streets mentioned, and still is, a collection of reading matter in columns and sheet
of said Board of Aldermen did meet at form, the matter consisting of general and local news, comments and mis-
the time and place above mentioned
and'appointed therefor, and said Com- cellaneous literary items, printed and published in the English language, at
mittee did at said time and place hear an established office and known place of business in said city, to-wit: No.
all testifnony and evidence adduced on 141 East Fifth Street, equipped with the necessary materials, newspaper
the part of said petitioners and all
other persons interested In the matter presses and skilled workmen for preparing, printing and publishing the
of said proposed vacation, and did take same, and the whole thereof, in said city; that the said newspaper, was
proof of the matters averred in said during all the said time, and still is dated in St. Paul, and generally circu-
petition, and being of the opinion that
the prayer of said petition should be lated in said city and state; that said newspaper, for more than one year
granted upon the terms hereinafter next preceding the date of the first publication of said notice, and during
stated, did duly report its conclusions all the time of said publishing, was printed in whole, and published and
to said Board of Aldermen, recom-
mending the adoption of an appropri- circulated in said county and state; that during all the said time said
ate resolution declaring such vacation; newspaper has consisted, and still consists, of more than the equivalent
now, therefore, it is hereby in space of four pages, of more than five columns to each page, each column
Resolved, by the Common Council of
the City of St. Paul, that that part of being not less than seventeen and three-fourths inches long; that during
Byron'street, commencing at the north all said time said printer and publisher of the said "ST. PAUL REVIEW"
line of St. Anthony avenue and run- has printed, published and delivered, at each regular issue, more than two
ping 101.94 feet north, as shown upon hundred and forty complete copies of said newspaper to
the plat annexed to said petition, be paying subscribers;
and the same is hereby vacated and that said newspaper during said time, has never been, and is not now a dupli-
discontinued as a public street, sub- Cate nor made up wholly of patents, or plates and patents and advertise-
ject, however, to the following condi-
tions, that is to say: ments, or either or any of them.
Such vacation is granted upon the That the Publisher of said newspaper, on June 10th, 1907, filed with the
express condition that said petitioners County Auditor of said Ramsey County an affidavit setting forth the,facts
shall, before
int this treasury takes it required by Section 5516 of the Revised Laws of 1905 of the State of Minne-
fect, pay into the treasury of said city
the sum of one hundred dollars sota.
($100.00) in addition to the expenses of That affiant knows personally all the facts set forth in this affidavit,
this proceeding, which is hereby fixed and that each and all thereof are t
as the compensation for said vacation.
Adopted by the Board of Aldermen
Jan. 2, 1912.
Adopted by the Assembly Jan. 18, J
1912.
Approved Jan. 23, 1912.
(Jan.27-1912-10
Subscribed and Sworn to before me this day of A. D. tq
1
ejeor..boz:44c...e.....e,..Sp---ffit, _)
Abl\ � Notary Public, Ramsey County, Minnesota.
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Successive Insertions—Ike Rural Weekly,
Affidavit of Publication.
STATE OF MINNESOTA, ss. /• �� _ i I" being duly%
County of Ramsey sworn, deposes and says: that he now is, and during all the time herein
mentioned has been in the employ of the printer and publisher of the
newspaper known as "THE RURAL WEEKLY," and during all said
time was, and now is, principal clerk of the printer of the said news-
paper; that the said newspaper: "THE RURAL WEEKLY," was dur-
ing all the said time, and still is, a weekly newspaper printed and pub-
lished in the City of St. Paul, in the County of Ramsey, in the State of
Minnesota, on eac Wednesday of every wee ; hat the annexed printed
a......c....a4rn ,i
notice of
N9TICE OF BEARING FOR VACATION.
Vacation of Street.
Notice is hereby given that the peti-
tion of Patrick HickefYyy and Isaao
Yassm commencing ng ona theonorthByron ine of street
o
Anthony avenue and running 101.94
feet north, being the whole of the un- hereto attached and made part hereof, was cut and taken from the col-
vacated part of said Byron street. has
been filed in the office of the City umns of said news er, and was printed and published in said news-
Clerk of the City of St. Paul, Minne-
sota, and said petition will be heard paper for consecutive weeks, once in each week—
and considered by the Committee on that the said notice was first rinted and p lash • said newspaper
streets of the Board of Aldermen at
�/ ' �
a meeting lines thereof to be held in the
Council Chamber in the Court House on Wednesday, the. . day of
and City Hall Building on Thursday, A. D., 19.//.;
Nov. 16, 1911, at 4 o'c,ock in the after- and was thereafter printed and published in said news-
noon of said day. paper on each and every succeeding Wednesda until and including
Dated at St. Paul, Minnesota, this
10th day of October, 1911. /
GEORGE T. REDINGTON, Wednesday, the . .day of. . . . • A D.,
City Clerk of the City of St. Paul, Min-
nesota. 19. 1.1; that said newspaper was, during all the time in this affidavit
(Oct.11-18-25-Noy.1-1911-40 - mentioned, and 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 publishes in the English
language, 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, print-
ing and publishing the same, and the whole thereof, in said city; that
the said newspaper, was during all the said time, and still is dated in
St. Paul, and generally circulated in said city and state; that said
newspaper, for more than one year next preceding the date of the first
publication of said .notice, and during all the time or said publishing,
was printed in whole, and published and circulated in said county and
state; 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 publisher of the said "THE RURAL WEEKLY" 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 ad-
vertisements, or either or any of them.
That heretofore and prior to March 1st, 1911, the publisher of said
newspaper 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.
�I
Subscribed and Sworn to before me this ( 11
) Fee, $ / /O/ Received Payment.
/ "°y of A. D. KV.21' THE RURAL WEEKLY CO.
77Z Date_ i9__ _ Per
ry Public, Ra . v County, Minnesota.
my Commission expires Pea.ti.191 es.
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14,1
S V, Bd F No. 35545-
♦ i Whereas, there was heretofore pre-
sented to the Board of Aldermen, one
1355 of the branches of the Common Coun-
cil cil of the City of St. Paul, the petition
of Patrick Hickey and Isaac Yossem,
owners of property adjoining and
abutting on the street hereinafter de-
scribed, praying for the vacation of
Byron street from the north line of St.
Anthony avenue and running 101.94
WHEREAS, There was heretofore presen feet north, being all of the unvacated er-
part of said Byron street, as shown
upon the plat annexed to said petition,
men, one of the branches of the Common Councl required ibyp law and sets fortheathe ul
facts and reasons for such vacation;
and
the petition of Patrick Hickey and Isaac Toss whereas, said d m ex-
y pedient that the matter dee therein ed refer it
red to should be proceeded with, and
ordered said petition and accompany-
adjoining and abutting on the street hereinaf ing plat to be filed of record in the for
office of the City Clerk of said city,
and ordered said City Clerk to give
notice by publication in the official
paper of said city inn then manner and7ue
the vacation of Byron street from the north
for the time required by law, that said
petition and the subject matter there-
of would be heard and considered by
and running 101 .94 feet north, being all O t the Committee on Streets of said Boarded
of Aldermen at its regular meeting to
be held in the Council Chamber in the
Byron street, as shown upon the plat annexed n°said city ondtheit16thaday ofdNo,�
vember, 1911, at four o'clock p. m.,
which said notice was duly published
said petition is duly verified as required b and given; and
Whereas; said Committee on Streets
of said Board of Aldermen did meet at
the time and place above mentioned
facts and reasons for such vacation; and and,appointed therefor, and said Com-
mittee did at said time and place hear
all testimony and evidence adduced on
the part of said petitioners and all
WHEREAS, Said Board deemed it ezpedl other persons interested in the matter „re-
Jof said proposed vacation, and did take
in referred to should be
proceeded with W and t proof of the matters averred in said
e , being the ta
p , prayer and of said of petition opinion should hbe t rid
granted upon the terms hereinafter
stated, did duly report its conclusions
accompanying plat to be filed of record in tl' to Bo , recom-
mending said -the ard adoption of of Aldermen an appropri- erk
ate resolution declaring such vacation;
now, therefore, it is hereby
of said City, and ordered said City Clerk to thResolved,ted, by PaulCommon thCt Council of ion
Byron street, commencing at the north
line of St. Anthony avenue and run-
in the official paper of said City in the ma ning 101.94 feet north, as shown upon -—
the plat annexed to said petition, be
and the same is hereby vacated and
quired by law, that said petition and the au• discontinued as a public street, sub-
;cot, however, to the following cona1- id
tons, that is to say:
Such vacation is granted upon—the
express condition that said petitioners
be heard and considered by the Committee on S shall, before this resolution takes ef-
fect, pay into the treasury of said city
at its regular meeting to be held i
the sum of one hundred dots of 1
Aldermen ($100.00) in addition to the expenses of fixed
g r^^ � i proceeding,
asthecompensat on hereby for said vacation.
' . Adopted by the Board of Aldermen
the Court House and City Hall Building, in sa Jan. 2, 1912.
Adopted by the Assembly Jan. 18, .7-
1912.
Approved Jan. 23, 1912.
of November, 1911, at four o' clock P . M., whi (Jan.27-1912-10
published and given; and
WHEREAS, Said Committee on Streets of said Board of. Aldermen
did meet at the time and place above mentioned and appointed therefor,
and said Committee did at said time and place hear all testimony and
evidence adduced on the part of said 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, re-
commending the adoption of an appropriate resolution declaring such
vacation; now therefore, it is hereby
•
RESOLVED, By the Common Council of the City of St . Paul, that
that part of Byron street commencing at the north line of St . Anthony
avenue and running 101 .94 feet north, as shown upon the plat annexed to
said petition, be and the same is hereby vacated and discontinued as a
I
410114 441,
public street , subject, however, to the following conditions, that is
to say:
Such vacation is granted upon the express condition that said
petitioners shall, before this resolution takes effect, pay into the
treasury of said City the sum of. One Hundred Dollars ($100 .00) in
addition to the expenses of this proceeding, which is hereby fixed as
the compensation for said vacation .
Adopted by the Board of Aldermen: Adopted by the Assembly:
JA11 -2 1812 191 JAN ' ;S!2
191
YEAS NAYS YEAS
NAYS •
ALD. BAIT EISTER MR. HAN
BLOIMQUIST KAN
CO' ING MAH E
GE'BER
• MIC AUD
H AND POW RS
M•LONEY SANE RN
Ry _ WHITCOMB
M i RNANE YOERG
OT S NAYS 0 MR. PRESIDENT (KELLER)
STI GER
TR� Y Approved _ e, 2-5, -191_.2_,
NAYS 0 MR. PRESIDEN (ROHLAND) WSK
Mayor.
JAN 27 19r
Prin rtInrnt irf iCuttit0° ..:1,. ( V
11 .5CITY OF SAINT PAUL j
,0.H O'N FILL If` ;9
Cl1RPOAATiON P..TO RN EY //�� ^� 7 ,
JOHN ATTORNEYS / �I��/
JOHN ?.KYLE
KENNETH G.BRILL f{
JOHN A.BURNS /
ALBIN E.BJO,KLUND
December 28th, 1911 .
To the Board of Aldermen .
Gentlemen:-
Pursuant to instruction of your Board, I transmit herewith
proper form of resolution vacating a portion of Byron street, upon
petition of Patrick Hickey and Isaac Yossem; the compensation being
fixed at $100 and the cost of the proceeding.
Yours very truly,
_p_p
• Corporation Attorney:,
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(City Tirr1t' (fir ffici
GEORGE T.REDINGTON,CiTV CLEnK
JOHN T. McGINN,ASST.CLERK December 2Oth,1911
Hon.0.H.0'Neill,
Corporation Attorney, City
Dear Sir,—
The Board of Aldermen at their meeting held Dec.l9th,1911 ordered the
accompanying petition of Patrick Hickey & Isaac Yossera for the vacation of a
portion of Byron street, referred to you for proper form of resolution, com-
pensation being fixed at $100.00 and cost of proceedings.
Yours truly,
City Clerk.
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ri
II 'IBE MATTER OF THE VACATION OF 'i`HA' (IP et
PORTION OF BYRON STREET CUf L CING ON l tY '
THI', NORTH LII\'r Or S`l . ANTHONY AVI TUE ( t�
AND RUNNING 101.94 FEET NORTH ON !
BYRON STREET.
.
Y
10 'THE HONORABLE COENNN COUNCIL OF 1 EE GI TI Y OF S'14 PAUL:
Gentlemen:- ■ 1
Your petitioners Patrick hickey and . saac Yassm,,' respectfully petition
i
our honorable bode aeking the vacation of b,ron Street commencing at tie North
Line of St. Anthony Avenue and running 101.21 feet north being the whole of the
unvacated part of said Byron Street.
Your petitioners allege that Patrick Hickey is the owner in fee of
lot one (1) in B. ":iche1's Re-arranger,e: e of parts of lots one (1), two (2) ,
three (3), and four (4), all in block two (2), of A. G. Fuller' s Addition to
St. Paul, and that said lot ie a only property bordv ie, anywhere on the
west line of said street; thae said Isaac Yassm is the owner in fee of lot
Two (2) in block one (1) A. G. Fuller's Addition, which borders eper the Ilast
Line of said unvacated portion of n ron Street; that I ary 'roe ; r is the ow' er
.
in fee of lot feel- (4) ie block one (1) A. G. Fuller' s Addition_ to the Cit;; of
St.. Paul; ,i4t said f.eiii :LonerE c em, r_se ;. l of the property owners eerderin�
on
the line of
• thesaid unvacated portion of Byron Street save and except Nelson
Faulk vwi o is the owe- er in fee of Lot three (3) in block One (1) A. G. Fuller' s
Addition to the City of St. Paul, hick said lot borders upon the i:aet line of
said unvacated portion of Byron Street, and thee. the reason the said Nelson
Faulk has not signed t^ s petition i s t lut he has
ar: action pending in the
District Court of Ramsey County, Minnesota, against th Cite of St. Paul for the
vacation of that portion of B on Street border .ne upon; his seid Lot 11.ree (3)
and • ;a'i the reason Mare. :T'GEr r iiuS met signed this reti7.SI. ,]E. that she claims
ee•
ceenership e, adverse possession Y the street bordering on her property. lhat
• said B;ron Street as originally laid out is only 261.94 feet in length and .
running from the north lino of St. Anthony- Avenue to the South Line of
Central Avenue teroueh the center c;f said block, the East li:19 of said Byron
• Street beine only ninety-two (92) feet from the 'asst line of Rice 'St 'get, and the
West line of said Byron Street in sale block heir'.e only on" hundred and fifty feet
;1)
4
L/j
(150) feet from the Past line of navoux Street.
That said street has never been open to public use or travel and that
heretofore on the 22nd day of Fay, 1905, in can action entitled George r'ichel et al
vs. City of St. Paul, known as Fistrict Court File ??o. 91112 tried and determined
in the district court of Ramsey County, r.`innesota, the court entered an order
and judgr'ert in said action, which judgment is final, and vacated said street
commencing on the South line of Central Avenu,$ and running South for one hundred
and sixty (160) feet; that by the judgment and decree of said court one hundred
and sixty feet of the total distance, to-w_yt, 261.94 feet of said street was
and is vacated and decreed to be ovvned by the plaintiff George rrichel in said
action by reason of the occupancy of said street for more than forty years, and
by reason of said vacation said unvacated portion of said street can never he
of any public use or open to public travel.
That a plat of blocks one (1) and two (2) A. C. Fuller's Addition to
the City of St. Paul is hereto attached and marked "Exhibit A" end rade a part
of this petition; and your petitioners further represent that it is the desire
of said petitioners to use said property for residence purposes and to enclose
the same to be used as four tracts of land,
_' ': ER : 7 0 R E , .your petitoners pray for a vacation of the
undivided portion of said Byron Street in snid blocks one (1) and two (2) A. C.
Fuller's Addition to the City of St. Paul.
, Ct/rt .
_% /41 4.4416/1-642/n<_______
____
STATE 0. *rI?I'ESOTA (
)SS
$ CO J TY OF Rey:SEY (
._ . PATETCK HICKEY, being first duly sworn, deposes and says
that he is one of the above named petitioners and that the foregoing petition
is true of his own hnowled- e. - /4-64v ' 4 r a
Surscr il-j nrr4 sw•rn before *re /
tt•,isia/ .," - , A. r., 1911.
ary Public i.n sey County, rinnesota.
Commission Expires e //_ -Pip./7
lY