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1912 (6) OFFICE OF CITY TREASURER. v . It,7 Z Z rn ° . J ! e "1 1 k r- .,\--,' i r . , .. .: ,-.., . F . is t f, 0 -r. ' (4 S C r f v,,, P • _._, ._,, ) ( v x, Z . �. n O ..tt PJ z In V � p [ r cn 1 / . . ». C § \ \} a - ° \ 2 ° El .- • \• _ z // ƒ 0 2 Q w ® r �`J .C. a o o k ' Tr 2 E / • w f m 34 0 %/ \ § 0 ® >1 • § k ? 4 ®§ w o 4..." @ o E -4-2 ® • % 7 / / \ a ? , � / A 0 %rn \q •0 o + Q r /f §2 2 S \ \ o R o Q Q e o 04 / / § / / \ 34 r 34 3 \Q ® % \ % \ / 2 0 r § m 2 i & o >1 k / 7 0 / r a / \ = - e. z, > � w • . ) : 2 f % % / ' ! 2 G 0 . 2 . { \ . / \ ` •2 ■ _ • } / / — '/ E / ! f al / } . I-. - � k ■ • $ a Affidavit of Publication. STATE OF MINNESOTA, SS. ' ;,y bean duly County of Ramsey g y 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 "ST. PAUL REVIEW" and during all said time was, and now is, principal clerk of the printer of the said newspaper; that the said newspaper: the "ST. PAUL REVIEW," was during all the said time, and still is, a weekly newspaper printed and published in the City of St. Paul, in the County of Ramsey, in the State of Minnesota, on each Saturday of every week; that the annexed printed notice of ti.k"to ik V (kAA A, Ak .yOkytA, NOTICE OF HEARING FOR VACA TIO Vacation of Streets. hereto a ached and made part hereof, was cut and taken from the col- Notice is hereby given that the pets- umns o s er, and was printed and published in said newspaper tion of James B. Hewitt for the vaca- tion of Territorial Road from North ..consecutiv weeks, once in each we —that the said Fairview avenue to Minnehaha street and Aspen avenue from North Fairview notice wa ted and publi din said newspaper on Saturday, the avenue to Prior avenue has been filed • day of.. W in the office of the City Clerk of the ,,// . City of St. Paul, Minnesota, and said D. 19 petition will be heard and considered was ther fter anted and published in said newspaper by the Committee on Streets of the on each @,ryd� ry succeeds a rday until and i luding Saturday, the Board of Aldermen at a meeting there- 1 U of to be held in the Council Chamber � in the Court House and City Hall day of.. ... .V�! .A. D., Building, on Thursday, Feb. 29th, 1912, 191.11/.; that said newspaper was, during all t e time in this affidavit at 4 O'clock in the afternoon of said mentioned, and still is, a collection of reading matter in columns and sheet day.Dated at St. Paul, Minnesota, this form, the matter consisting of general and local news, comments and mis- 18th day of Jan., 1912. cellaneous literary items, printed and published in the English language, at GEORGE T. REDINGTON, City Clerk of the City of St. Paul, Min- an established office and known place of business in said city, to-wit: No. nesota. 141 East Fifth Street, equipped with the necessary materials, newspaper (Jan. 20-27-Feb. 3-10-1912-4t) presses and skilled workmen for preparing, printing 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 circu- lated 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 of 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 con sista, 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 "ST. PAUL REVIEW" 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 dupli- cate nor made up wholly of patents, or plates and patents and advertise- ments, or either or any of them. That the Publisher of said newspaper, on June 10th, 1907, filed with the County Auditor of said Ramsey County an affidavit setting forth the facts required by Section 5516 of the Revised Laws of 1905 of the StateAf"Minne- rota. �(�/��( That affiant knows personally all the facts set forth in this affidavit, �✓�vv �t[� , and that each and all thereof are tru 3 / MA a Y1\) `11"/ Subscribed and Sworn to before me this day of 00 VVi,l A. D. iq .i •ub mc' .a y, sota. %, M,ZS o n e res A ss Y�i I L L A I R CT o■ta CI. � n C ° •g• `t' o w I 4. 4 Affidavit of Publication. STATE OF 'MINNESOTA, County of Ramsey }ss' a. a 1[14IISON, being duly Bd F No..36069— 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 Conn- pal clerk of the printer of the said newspaper; was, and now is, print cil of the City of St. Paul, the petition j of James B. Hewitt, the owner of the that the said newspaper: the "ST. PAUL REVIEW," was during all the property abutting upon the streets said time, and still is, a weekly newspaper printed and published in the hereinafter described, praying for the City of St. Paul, in the County of Ramsey, in the State of Minnesota, on each vacation of Territorial Road from Saturday of every week; that the annexed printed notice of North Fairview avenue to Minnehaha street and Aspen avenue from North Fairview avenue to Prior avenue, id as n,� � 0 shown upon the plat annexed to said {j►►`.,'Y\► petition, which said petition is duly verified as required by law and sets $ o‘ ck forth the facts and reasons for such vacation; and Whereas, Said Board deemed it ex- pedient that the matter therein re- ferred to should be proceeded with, and ordered said petition and accom- panying plat to be filed of record in the office of the City Clerk of said hereto a hed and made part hereof, was cut and taken from the col- City, and ordered said City Clerk to give notice by publication in the umns of • . .... spaper, and was printed and published In said newspaper official paper of said City in the man- for dye weeks, once in each week—that the said ner and for the time required by law, that said petition and the subject mat- notice wat\ `r=+ •rinted and publis sad new apes• on Saturday, the ter thereof would be heard and con- sidered by the Committee on Streets of day of..... said Board of Aldermen at its regular ,./ meeting to be held in the Council A. D. 191 1 and was thereafter printed and p blished in said newspaper Chamber in the Court House and City Hall Building in said City on the 29th on each and every succeeding Saturday until and including Saturday, the day of February, 1912, at four o'clock P. M., which said notice was duly pub- day of .A. D., lished and given; and Whereas, Said Committee on Streets 19....; that said newspaper was, during all the time in this affidavit of said Board of Aldermen did meet at mentioned, arid still is, a collection of reading matter in columns and sheet the and tame and place above mentioned form, the matter consisting of general and local news, comments and mis- ppointed therefor, and did then and there duly adjourn the hearing cellaneous literary items, printed and published in the English language, at and consideration or said matter until an established office and known place of business in said city, to-wit: No. the regular meeting of said Commit- 111 East Fifth Street, equipped with the necessary materials, newspaper tee to be held on the 28th day of March 1912, at four o'clock P. M., and presses and skilled workmen for preparing, printing and publishing the said Committee did at said last named same, and the whole thereof, in said city; that the said newspaper, was time and place duly meet for the in- I during all the said time, and still is dated in St. Paul, and generally circu- vestigation and consideration thereof, and did then and there hear all testi- lated in said city and state; that said newspaper, for more than one year mony and evidence adduced on the next preceding the date of the first publication of said notice, and during part of said petitioner and all other persons interested in the matter of! all the time of said publishing, was printed in whole, and published and said proposed vacation, and did take circulated in said county and state; that during all the said time said proof of the matters averred in said newspaper has consisted, and still consists, of more than the equivalent petition, and being of the opinion that in space page, each column the prayer of said petition should be pace of four pages, of more than five columns to each granted upon the terms hereinafter being not less than seventeen and three-fourths inches long; that during stated, did duly report its conclusions I all said time said printer and publisher of the said "ST. PAUL REVIEW" to said Board of Aldermen, recom- has printed, published and delivered,at each regular issue, more than two mending the adoption of an appropri- ate resolution declaring such vacation; hundred and forty complete copies of said newspaper to paying subscribers; now therefore, it is hereby that said newspaper during said time, has never been, and is not now a dupli- Resolved, By the Common Council al of City the City of St. Paul, that Territorial cate nor made up wholly of patents, or plates and patents and advertise- Road from North Fairview avenue to ments, or either or any of them. Minnehaha street, and Aspen avenue That the Publisher of said newspaper, on June 10th, 1907, filed with the from North Fairview enue Prior avenue, as shown County Auditor of said Ramsey County an affidavit setting forth the facts n u upon the plat an- ffi nexed to said petition, be and the same required by Section 5516 of the Revised Laws of 1905 of the State of Minne- are hereby vacated and discontinued sota. as the public ng streets, conditions,subject, t is to however, y: That affiant knows personally .11 the facts set forth in this affidavit, the following conditions, that is to say: Aug_sa,gation is granted upon the and that each and all thereof are t ' • Z6Z Pallod ,ao�� -f 111 �■/ /�/� A ��(� 01 ePlPUao 21 tad ao !s Tu PIMA/ � \ \�� v v • v " salon 86L`I ., qu. II IooS a °Flan q Mg `1"N d AL 1PUSa ■ 41 `uosaapu Iusaatrmf a oei;r.e; ,-, stt .�' 'l star '07 p* Subscribed and Sworn to before me this... day of A. D. 19 1 tc,Q7,icjg44,4:_t No 441'., :• a. • C cYa \\ ___ ` •. is •• . sires itstA CITY Wit ^1 � n o r+ O `-F' o `• rf d 6 , i Bd F No. 36069— • Whereas, There was heretofore pre- 1 f i sented to the Board of Aldermen, one Ali'4lit of the branches of the Common Coun- cil of the City of St. Paul, the petition of James B. Hewitt, the owner of the property abutting upon the streets hereinafter described, praying for the �–(p vacation of Territorial Road from i' d ,1\ North Fairview avenue to Minnehaha "`JJJ ��'I street and Aspen avenue from North �) Fairview avenue to Prior avenue, as 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, Said Board deemed it ex- pedient that the matter therein re- WHEREAS, There was heretofore presented er t(frd ld p , and e ordereto d shou said petitbe ion roceeded and accom-with • panying plat to be filed of record in the men, one of the branches of the Common Council of tYitY,oand of rddered isaidlCity said give notice by publication in the official paper of said City in the man- ner and the time re law the petition of James B. Hewitt, the owner of the l hat said petiton and thesubject mat, ter thereof would be heard and con- sidered by the Committee on Streets of the streets hereinafter described, praying for the meenrtoof es c uncl itt in the Court,House and City ding in said City on the 29th tonal Road from North Fairview avenue to ,iinnehahi^. ebruary, 1912, at Pour o'clock ich said notice was duly pub- lished and given; and of said Board opf Aldemenedi on meeteat avenue from North Fairview avenue to Prior avenue, the time and place above mentioned and appointed therefor, and did then and there duly adjourn the hearing plat annexed to said petition, which said petition and consideration or said matter until the regular meeting of said Commit tee to be held on the 28th day of and sets forth the facts and reasorsad 1912, at e did o'clock P. M., and required by law ari a said Committee did at said last named time and place duly meet for the in- vestigation and consideration thereof, and and did then and there hear all testi- mony and evidence adduced on the part of said petitioner and all other persons interested in the matter of WHEREAS, Said Board deemed it expedient tlsaid proposed vacation, and did take r en proof of the matters averred in said petition, and being of the opinion that the prayer of said petition should be referred to should be proceeded with, and ordered ;gted uomi stranated, did p duly n the report terSts s conclusions to said Board of Aldermen, recom- mending the adoption of an appropri- cornpanying plat to be filed of record in the officiate resolution declaring such vacation; now therefore, it is hereby Resolved, By the Common Council of said City, and ordered said City Clerk to ~ive not City of o Paul, that Territorial y y, t C Road from North Fairview avenue to Minnehaha eNorth Fairview avenue nto Prior an- the official paper of said City in the manner and :nexed to said own upon and plat ane y are hereby vacatednand discontinued as 1 the streets,conditions, that is to say by law, that said petition and the subject matter Such vacation is granted upon the express condition that said petitioner shall, before this resolution takes ef- and considered by the Committee on Streets of Gai.;, feet, pay into the' treasury of said City the sum of Fifty dollars ($50.00) in addition to the expenses of this pro- ceeding, which is hereby fixed as the its regular meeting to be held in the Council Chamlcompensation for said vacation. Adopted by the Board of Aldermen April 16, 1912. and City Hall Building in said City on the 29th dais A 2dopted by the Assembly May 2, a pproved M:y 6th, 1912. at four o ' clock P . :.''. , which said notice was duly publ s.e• an. : , ,. d • 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 there duly adjourn th hearing and consideration of said matter until the regular meeting of said Committee to be held on the 28th day of March, 1912, at four o' clock P. M. , and said Committee did et said last named time and place duly meet for the investigation and consideration thereof, and did then and there hear all testimony and evidence adduced on the part of said petitioner and all other persons interested in the matter of :aid 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 va- cation; now therefore, it is hereby W ( _ } 0 1 ' • 1 S . it 04 RESOLVED, By the Common Council of the City of St . Paul, that Territorial Road from North Fairview avenue to llinnehaha street, and Aspen avenue from North Fairview avenue to Prior avenue, as shown upon the plat annexed to said petition, be and the same are hereby vacated and discontinued ae public streets, subject, however, to the following conditions, that is to say: _ Such vacation is granted upon the express condition that said petitioner shall, before this resolution takes effect, pay into the treasury of said City the sum of Fifty Dollars ( 5C.00) in addition to the expenses of this proceeding, which is hereby fixed as the compensa- tion for said vacation . I. r..= ..uo.,,ag we work to be done. Adopted by the Board of Aldermen: Adopted by the Assembly: ' ANP, 16 1J(� 191 _ _ MAY -2 IS I2 191 YEAS NAYS YEAS NAYS ALD. BA UM 'ISTER MR. HANDY '�b..O I�v.aT KA E COR ING M LE e GER ER MI HAUD HY AND 0 Po ERS MA ONEY SAN ORN MO TGOMERY WHITCOMB MU NANE YOERG OTIS NAYS 0 MR. PRESIDENT (KELLER) STIEGER Approved / ' 191 1 , NAYS 0 MR. PRESIDENT (ROHLAND) j� , ,�_.r Mayor. < MAY 11 1912) aria-ma iCaut J CITY OF SAINT PAUL • ((( 0.4.O'NEILL ' if' CORPU RATION >TTOgn!EV ' � A55 OHNT KYLE x JOHN P KYLE £ y'-i ym \\\���J//��( J\ KENNETH G.3RILL A ' JOHN A.BURNS !{ .B�! r Apr 13th, 1912. ALBIN E ORKL'JND /) 19 (:71 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 for the vacation of Territorial Road from North Fairview avenue to Minne- haha street and Aspen avenue from North Fairview avenue to Prior ave- nue, upon petition of Jaltee n . Hewitt; the compensation being fixed at Fifty Dollars and the expenses of the proceeding. Yo . . :a:::, uly, Corporation Attorney. 4:):4 To The Honorable Common Council of the City of St . Paul . The petition of the undersigned James B . Hewitt respectfully shows and states that he is the owner in fee simple absolute of the Northeast Quarter of the Northwest r,uarter of Section Thirty-three (S3) , Township, 29 , Range 23 , situated in said city , except the southerly tvo hundred feet thereof, all of which land was „in the year 1DS1 platted into Hewitt ' s Cutlots , Second Division , a true map or plat *hereof is hereto attached and made a part hereof. That at the time said property was platted the Territorial Road across the same was a travelled road way from St . Paul to Minneapolis , and thereafter said road was closed up and vacated both upon the east and upon the west of said property and has not been used as a high way for many years . Upon the plat of Hewitt ' s Cutlots Second Division the fol- lowing streets were laid out , to wit : The Territorial Road,and Aspen Avenue . Said streets were laid out on said plat diagonal- ly from southeast- to northwest across said -land . At the time the premisea adjoining said land upon the east side and upon the west side were not platted and it was assumed that they would be platted so that the streets laid out would conform to the streets upon Hewitt ' s Cutlots Second Division . But when the land upon the east side was platted the streets were not made to correspond in any manner with the streets through Hewitt ' s Cutlots Second Division. After the plat of He ritt' s Outlpts Second Division was made the Minnesota Transfer Railway Company acquired the property on the west side immediately adjoining Hewitt ' s Cutlots Second Division and con- structed and has maintained for many years railway yards upon all of said lands and there are no streets on the west side of Rewitt' s Cutlots Second Division running west . That your peti- tioner has given up and deeded at various times to the public for street purposes without any compensation lands included now within the lines of Fairview Avenue , Minnehaha Street and Prior Avenue , and located upon said premises . By reason of the foregoing facts Territorial Road and Aspen Avenue have not been used and occupied and cannot be used ar occupied as streets with any benefit to the public as at present laid out , and the same ought to be wholly vacated and set aside so that the- property of yourpetitioner may be pro- perly used and occupied for the purposes for which it is adapted. Said Aspen Avenue has also been known as Cedar Avenue . That no person other than your petitioner is interested in said property and he is the sole owner thereof , and said streets do not extend beyond said property . AND IN CONSIDERATION AFORESAID your petitioner prays that said streets , to wit: Territorial Road from North Fair- view Avenue to Minnehaha Street and Aspen Avenue from North Fairview Avenue to Prior Avenue shall , all and singular, be vacated as streets and that the plat thereof be wholly annulled and set aside , and your petitioner will ever pray. Ott•` STATE OF MINNESOTA ( ) ss COUNTY OF RAMSEY . ( James B . Hewitt , being duly sworn , de- poses and says that he is the petitioner named in the forego- ing petition and that the same is true of his own knowledge . Subscribed and sworn to before me this Ayday of January , 1912 . d ., ,II / Notary Public , r' , sey County, Minn. My commission expires ,, , ,A.17- �91� s „ - --„ - - -