1913 (15) t
5 .' :
-HEREAS, There was heretofore presented to the Board of Alder- 4
men, one of the branches of the Common Council of the City of St . Paul,
the petition of John W. Smith, the owner of property abutting upon the
street hereinafter described, praying for the vacation of Benson avenue,
in the City of St . Paul, lying between Kipp' s Glen Terrace Addition and
Major' s Addition, as shown and colored red upon the plat attached 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 expedient that the matter therein
' referred to should be proceeded with, and ordered said petition and ac-
companying 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 matter thereof would be heard and
considered by the Committee on Streets of said Board of Aldermen at ite
regular meeting to be held in the Council Chamber in the Court House on
the 26th day of June, 1913, at four o' clock P . M. , which said notice was
duly 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 did
then and there duly adjourn the hearing and consideration of said matter
until the regular meeting of said Committee to be held on the 10th day of
July, 1913, and said Committee did, at said last mentioned time and place
hear all testimony and evidence adduced on the part of said petitioner and
all other persons interested in the matter of said proposed vacation, 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 declar-
ing such vacation; now therefore, it is hereby
RESOLVED, By the Common Council of the City of St . Paul, that that
part of Benson avenue, in said City, lying between Kipp ' s Glen Terrace
Addition and Major ' s Addition, as shown and colored red upon the plat
annexed to said petition, be and the same is hereby vacated and discontinued
1
as a public street, subject, however, to the following conditions, that
is to 'say:
Said vacation is granted upon the express condition that said
petitioner shall, before this resolution takes effect, pay into the
treasury of the City of St . Paul the sum of One Dollar and 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:
JUL_I5 1313
:/ 191 AT-1 is .
� — ---- - __ -- -_-191
YEAS, NAYS YEAS NAYS
ALD. BAUMEISTER
MR. HAAS
CORNING KANE
EDWARDS MAHLE
HYLAND MICHAUD
MONTGOMERY �,.1 POWERS
MURNANE, k. 1. / SANBORN
MURNANE, F. WARE
OBERG YOERG
RYAN
STIEGER NAYS 0 MR. PRE DENT (KELLER)
TROY Approved/L 19]_.
NAYS 0 MR.PRESIDENT (MCCOLL) / /
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CITY ^z" SA. NT PAUL
O.H.O'Ne:LL
CORPORATION ATTORNEY -
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KENNETH. G.BRI...
JOHN A.BURNS
ALBIN E.BJORKLUAD
July 15th, 1913.
To the Common Council .
Gentlemen:-
to instruction of the Committee on Streets of the
Board of Aldermen, I transmit herewith proper form of resolution va-
cating part of Benson avenue , upon petition of John W. Smith; the com-
pensation being fixed at the sum of One Dollar and the costa of the
I.; .. ,,kroceedix:g.
Yours truly,
/
i
Asst Corporation Attorney.
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The Honorable Common Council, „ J k e c
Of the City of St. Paul, s
County of Pamsey,
. State of Minnesota.
Gentlemen:
Now comes your petitioner, John W. Smith and respectfully
makes petition to your honorable body to vacate the following described
street , a plat of which is hereto attached, towit:
That part cf Fenson Street extending from Kippls Glen Terrace
Addition and extending to Major' s Addition, both of said Additions being
recorded in the Pegister of Deeds Office in the County of Pamsey, State
of Minnesota.
This petitioner states that for many years last past he has
been the owner in fee simple of the following described property situated
in the City of St. Paul in said County of Pamsey, towit :
Feginning at S. W. Cor. of N. E. u of the S. E. 4 Sec. 15, T.
28, R . 23 4th principal ,Meridian, thence North along 4 line 649 ft. to
the intersection of the southerly line of 7th St. thence in a North
Easterly direction along the southerly line of 7th St. 248 ft. thence
South parallel to the . 1 line 823. 5 ft. to the South line of the N. E.
4 of S. E. 1 thence West along said line 177. 56 ft. to place cf begin-
ning. Containing 3 acres more or less.
That he has been the owner entitled to the possession of the
whole thereof. That said strip of land taken as a street between said
Major' s Addition and said Kippl s Glen Terrace Addition, is a part of
said tract, that this petitioner never at any time petitioned or de-
sired the opening of Benson Avenue as shown in said attached blue
print, but that some one totally unknown to him secured the introduction
into the Common Council of the City of St. Paul of an order to open
and widen Fenson Avenue through said petitioner' s land. That the order
was approved on the 24th day of June, 1912, as aprears in said attached
blue print. That the Board cf Public Works proceeded to open said
Benson Avenue pursuant to said order. That this petitioner never at
— 1 --
I
any time received any notice of the proposed opening of said street
and that the first notice that he personally had of the opening cf
said street was when the authorities of the City carne and desired
forcibly to cut down his fences and. open _said street, towit, late
in the month cf November, 1912.
That this petitioner further asserts that had he. had '
notice of the proposed opening of said street he would have appeared �.
before the Poard of Public Works and vigorously opposed the opening
of said streets and would have been prepared to produce testimony
showing the value of said property taken for said proposed street .
That the only property taken by said City for said
street wac the property of this petitioner , and that he owned all
the property abutting on the property so taken for a street.
That the property of the petitioner taken for a street
was of a value far in excess of that allowed by the Board of Public N
Works, towit, Two Hundred. ($200.00) Dollars, and that there was no
benefits accrui� ng tc t is petition r b real n of the opening of
such street ,has said petitioner at all times owned both the property
taken for a street and the property alleged to he benefitted.
That for many years last past the petitioner has used this
property and all thereof for a pasture for his cattle .
That there is no one living on the property abutting on
said street so opened and that the benefit• to property for openng
this street is on property other than the property of this petitioner.
Wherefore this petitioner prays that his petition for the
vacation of the street described be granted.
(P/O 2" '
Attorney for Petitioner,
4Cl New York Life Building,
St. Paul, Minnesota.
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