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1903 (9) First.-Such vacation is upon the express condition that ail, of said Blocks forty-eight (48) , forty-nine (49) , fifty (50) , fift one (51) , fifty-two (52) and thirty-seven (37) of said Kitt son' s Addition and all other property now owned by said Northern Pacific , Railway Company abutting or fronting on Fourth, Fifth and Sixth streets or either thereof, between Broadway and the easterly line of Kittson street in said City, and all of the portions of all the streets and alleys hereby vacated shall for all time in the future be liable to the payment and subject to the lien of assessments for " any and all local improvements made in said City, to the same ex-- P tent and with like effect as if said premises were owned by private individuals, and this shall include all local improvements, whether heretofore or hereafter made, the assessments for and cost of which { t have not already been paid, provided that the property of said coma f; pany abutting on the southerly side of Fourth street,between said .points shall be liable only for paving assessments. Second.o• Such vacation is upon the further express con- dition that said Northern Pacific Railway Company shall also pay to said City the cost and expense of the enlargement and repairing A, of the sewer at present existing on Fifth street fro a.;Kitts_on street , 4 tom Brook street no „-exceeding, however,,, a total e'xp ,?,,,t.,,;,.,„, my Wo ,J� �'�;� i n fy;� gg ' I � �' •_ �� d 'E + h , ,, ar „.&,f'''''',''''''. ' 'g or ,,,,,ii j t � q � ';';',4.;`,.,,;:,- 1:--:;°;,,,,;'',.--;;,':,,,,:i,°,- 5 P. ��C. Y v.�-. F Z 'si 9 "t t n�*�y•'sy Y�'h�}"i'!3 .v"��n ' r ,i, „.t r„ ¢ '”-eta . g,�+ "t �a yTA zs F i Ss. i ! ! ,'C� gym-1 e,#r a � �,' " f „�(.. "',.::Y'''.-. � '�4x 'Y. .,j. �A J M 74 'B^j Oa..ae;: xik y :+ �.: $T r. .r- y;' i,r �1�a;; 2�,. ' * A' l" _ '' ,41.,'''''' Third... Such vacation is upon the further express condition 1 that said Northern Pacific Railway Company shall in all things comply with and fulfill the terms and conditions of a certain contract made � , f. by it with said City, bearing date the sixth day of August, 1903, in !!-,h,,,„ reference to this and certain other vacation of streets and the build- x t 4 ir_g of a viaduct connecting Fourth and Sixth streets near and easterly of Kittson street, and certain other matters, which contract is tender- at ed by said Company at this time and is ordered to be filed with the ..., Y, ,, City Comptroller. flour cn .., bucn vacation is upon the further express condition 1,1- c said City shall have and hereby expressly reserves to itself the rght, privilege and perpetual easement to keep, maintain and repair all sewers, water mains and pipes and conduits of whatsoever character now in, along or under any of the streets, alleys or grounds hereby � 1 vacated, and also reserves and shall have the right at any and all times in the future to lay, construct and maintain any further necessary sewers: , water mains and pipes and underground conduits for any and all necessary purposes, and to have access to and make the necessary con- nections with and repairs to any and all thereof along, across and /1,2 under any or all of the streets, alleys and public grounds above described, and to construct, erect and maintain poles and overhead wires thereon, and to construct and maintain viaducts, crossings and bridges and piers, abutments and approaches therefor upon any part of said streets and alleys so vacated, and that any and all of the premises adjoining and abutting upon said streets and alleys so vacated shall be liable to assessment for its portion of the cost and expense of any such improvements, to the sane extent as if said streets and alleys were ,.o " "ated and sa id premises were, o d a private individua " �w �fie by 4 and the; vacatiar herein provided for shall snot in any manner relieve , or rge .said Northern Pacific Railway Company, its successors or assigns, or any other company, from any duty or liability to construct and maintain, wholly or partially at its own expense , such crossings, bridges and viaducts and approaches thereto, over or under its tracks for public travel, upon; or across any of the streets and alleys hereby Je vacated, as public necessity and safety may hereafter require , and any K ge such duty and liability in that behalf as may now exist or which would exist in the absence of this vacation, shall remain and continue the same as if such vacatioa.biad not been made . ice. vlt/pp� v�Vla •v.V Ciib. Vli lA up U'id V11G 1 l41 41:,61 G1L111 GCC �i Vllll.1. 41V1$ �w " H that said Northern Paci �aailv4ompany, its successors and assigns, ij (less said City of St. Paul from fir' or shall forever indP� .al a hard s any and all damages, r /'`N � 4t y claims �tor damage , and cost and expenses, that may arise or grow out of such vacation as well as from the construction and maintenance of the viaduct to be built by said company, from any source, or for any cause or reason whatsoever. Sixth. ;. That in addition to the foregoing, said petitioner shall, before this resolution takes effect, pay into the treasury of said City, the sum of One Hundred Dollars, which is hereby fixed, in addition to the foregoi , as the compensation to be paid by it to said City in consideration of said vacation. Seventh..- That before this resolution shall take effect , and within ninety days from its passage, the said Northern Pacific Rail- way Company shall duly execute and file with the Comptroller of said City, an acceptance of the terms and conditions of this resolution, in which it shall affirmatively agree to abide by and perform upon its part all of the terms and conditions thereof; such acceptance and agreement to be in a form to be approved by the ..Corporation Attorney. Adopted by the Board of Aldermen, Adopted by the Assembly, '/ - / 19a--1 ' c e7 190 ." Fir YEAS. V NAYS. YEAS. NAYS. A LD. .' BU':CHMANN MR. ARN OLD C• ,NING 13 • . D HLQUIST H _.s D. :NER Roy4N _ S URMEIER HI 1.ENS HO T SLYKE MO TARTY F �VFiEELER PPPPPP WITCOMB Ro'LAND R` NAYS 0 MR. PRESIDENT NAYS 0 MR PRESIDENT Cm�2 Y 1. Approved '"' 190 f { A r • fit.'Vaxt.�, ltairtt. L.W.RUNDLETT. COMM/55/ONER. St. Paul, Minn., June 16th, 1903. Mr. J. C. Michael, Corporation Attorneys Dear Sir: !tolative to the proposed vacation. of Kittson, Neill, Minus and Locust streets be-twee-1 4th and 5,th streets and that portion of 5th street east of Kitt•son street, also the alley rungins through blocks 486 49, 50 and 51, Kittson' s Addition, I would report that there are about 92, 000 square feet o.0 street asked to he vacated. There are no sewers or water pipes on Locust, Wi l l ius and Neill streets On Kittson street there is a water pipe which ought to be maintained. On Fifth street: from Kitt.son to Brook street there is at the present time a sewer which must be maintained., and which now requires enlarge- ment and repairs, amounting to not more than $2,000. This 1 i,;ht expense I think ought to be stood by the railroad compoq if the street is to be vacated, tend the work should be done at once, as it would be ve f difficult to do it after the tracks are in. On Fifth street from Broadway t o Kitt son we are now adverti sing for a sub-main s ewer, for which the company should pay their iropor.tionate share of the assess- ment. Kitt son street is the only street; of any importance as a line of traffic, but I am of the opinion that no satisfactory underground or o'r a^head crossing could he made, and a grade crossing would he very dangerous. I should recommend that the railroad company agree, whenever ordered by the Cron Council, to construct and maint airs an overhead bridge for :Coot travel, with necessary stairways, not less than ten As /0 / ,,,,,,,,,- °' CITY OF SAINT PAUL. P ' t y+ y. i JAMES C. MICHAEL i,. OW CORPORATION ATTORNEY. A59 S ANT .: , Y GE 01- r2 REI LLY. LOWS R.FRPNKEL. % EMIL W.HELMES. D)A4 August 6th, 1903. To the Common Council, Saint Paul, Minn. Gentlemen: - . Herewith I transmit a perm of resolution for the vacation of Locust and other streets, pursugint 'to' the petition of the Northern Pacific Railway Co Tang, `as, 1nstructed, by your Committee on Streets at its last meeting. Very respectfully, /, Corporation Attorney. iLi '''' $4\\ W C\till\ j 4 J.C.Id. - 2. feet wide, as the time may come when such a structure would be desir- able. On Kittson street it might be desirable some time for the city to place underground conduits or pole lines, and it appears to me that these rights should be preserved. The print also shows that the entire intersection of 5:th and Kittson:. street is to be Vacated. It appears to me that a sufficient passage-way should be left., for tr :ffel between Fifth and Kittson streets A curve with a radius of 66: feet,, using the northwest corner of 5th and Kittson streets as the center of the circle, would apparently give the railroad company all ttlat is necessary for their tracks. I have indicated such a line on the drawing. I believe this covers all the engineering points where the city' s interests rewire protection. Yours very truly, Corr. of Public Works. I 4 St .Paul,Minn. , July, 8th. , 1903,. To the Honorable Common Council, St .Paul,Minn. , Gentlemen, Team Owners Local Union #120, -at a meeting recently held inst- ructed its Officers to file with your Honorable Baay its protest against the vacation of Kittson Street , --between 4th. and 5th. Streets,as it believes tine Council will be doing the Tea inters and Teaw Owners of this City a great and lasting wrong by so doing. Many thousand tons of Merchandise and Wares are hauled each year from and to the lower Fourth Street.- a),strict , --tc and from lower Town,East St .Paul and Arlington Hills and it will mean great lore of tir,e and earn- inas to each Team Owner, should you close for travel this Street ,as it would compel us to team by way of Broac2wr :r;-an extra haul from Kittson & 4th. Street to Kittsor, & 7th. Street , of over 3660 feet or about 3/4ths. of a mile for each trip. we aiucre±y hope your Hcncr a'o B;,uy will heed our petition as the closing of Kittson Street means loss of time to each of us and for all time to come reduce the earning capacity of many who would have to make the extra haul as suggested herein. Respectfully suhmi+ted TA.. Oureeez Local Union No.120 By --P- a � .. Iso,-"11111111111111k • • • • • 1 St .Paul,Minn. ,Jul , llth. , 190 . T the Honorable Common Council, St . Paul , Minn .-, '4,;\ Gentlemen, We the undersigned Owners of Property respectfully pet- ition your Honors,b1.i Boc'y not to permit the vacation of KITTSON STREET between 4th. and 5th. Streets for the Northern Pacific R'y. , believing that such closing will cause great and permanent damage and to in value of Real Estate owned by your Petitioners : Your petit- oners further call your attention to the fact that Kittson Street is the only means of communication (East of Broadway) between East Seventh Street and lower Fourth Street,affording a proper outlet for a vast volume of business from Manufacturers and Merchants in East St .Paul and Arlington Hills District to lower Fourth Street, -and from lower Fourth Street and a large section of Dayton Bluff to East Seventh Street . We further urge that said vacation is entirely unnecessary and that proper crossing of Street by said lvorthery Pacific R'y.Co. can be effected at grade and the Street kept open for travel and call your attention to grade crossing off of Washington Ave .at 6th. Ave. South,Minneapolis,where there are crossing said Avenue twelve main and fourteen side & switch tracks ,all on grade and where hundreds of trains pass daily and the Street is open to accommodate the Public. We pray that your Honorable Body will grant the request of your Petitioners and so amend your resolution,vacating for sai,4 Nor- thern Pacific R'y. Company certain Streets, - ' -- { Arlk S t t j .r 4 that will forever prevent said Railway Company from cutting off this this very important Thoroughfare and preserve to the Public its rights as to the said Kittson Street . Respectfully submitted, Owner : Lot : Block: .,71e- 16-27./a., oek / gs k dArApii.i,1. .ezie-7.r,a)d,4 14 v , / V jeg y tg( F F it 7 if i jam` /1 /,, / / .9—..3 ,4t ,.., 0 2--,. e,_ „it_ ur 2 3 9 to ..5-- - r)f\' 4 . 3cc ilecar42. fc)e LA/ Nr/1/ Ili*ACI6 t a i'4-7--'1 Ai' 7 -' 6 A 3J 5,5i 1, 4 Z ,0 P - 114 .' s°ice. T>�,••a. -1 1 --,T-= 1 t r I t rA ,, ----• ----------- it ry ' �,, 0y �� ' r.. ,... � y gyp" � " .. r 44-;10v- , , , RESOLVED/ hat the attached et iti n be filed of rec • -/- with are 0 , the City Clerk and referred to the Committee on Street- the hearing ki to be had before said Committee at a meeting to be held on the rk` fifteenth(15th) day of June, 1903, at four o'clock in the afternoon, and that notice of such hearing be published in St .Paul Daily Globe, the official paper of the city, once a week for four(4) weeks, com- mencing May 8th, 1903. • .',�." " � .� ®per` �, (A [F�,,,,. '"` °1*, ^^" fly" jT) . M " H n 4,41.41,% ,, ii/ 1,..„i 1144„.„...,‘ \\ \\rA p 1 Form 39 2-1903 a1I y fteiV al Assem434y F. No. 7. 17 / 6/,/4- eso1 Pal,.Thzit - . WHEREAS, There was heretofore presented to the Assembly, one of the branches of the Common Council of the City of Saint Paul, Minnesota, the petition of the Northern Pacific Railway Company, the owner of all the land and property abutting upon and adjoining the streets and alleys hereinafter named, _praying for the vacation of Locust street , between the south line of Fifth street and the north line of Fourth street; Willius street between the south line of Fifth street and the north line of Fourth street; Neill street, between the south line of Fifth street and the north line of Fourth street; Kittson street , between the north line of Fifth street and the north line of Fourth street; and Fifth street east of the west line of Kittson street; also the alley between Fifth street and Fourth street from John street to Kittson street, and more particularly described and 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 , The said Assembly deemed it expedient that the matter therein referred to should be proceeded with and ordered said petition and accompanying 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 re- quired by law, that said petition and the subject matter thereof would be heard and considered by the Committee on Streets of said Assembly, at its regular meeting to be held on the 15th day of June , 1903, at four o'clock P. M. of that day at the Council Chamber in the Court House and City Hall Building, in said City, to which said Committee said matter was duly referred for hearing and report thereof and thereupon said petition and plat were duly filed in the office of said City Clerk, and said notice was duly given and published as required by -I 7 T5l c1 N 7 WHEREAS, The said Committee on Streets, of said Assembly, did meet at the .".„.43ae,4,rid place a oye men; .i ed for the hearing',investi- f gatiron an cor sider'ation ,i ,thereof' and did at....Said time duly adjourn x, such hearing and investigation until the 18th day of June , 1903, at two o'clock P., M. at the same place as said original hearing, and said com- i ,r,‘ '.,f, mittee did again meet at said last named time and place and did then ; again adjourn the hearing of said matter to June 29th, 1903, at four `4� o' clock P. M. at the same place , and said committee did again meet at said last named time and place and did then again adjourn the hearing of said matter to July 13th, 1903, at four o' clock P. M. at the same place , and said committee did again meet at said last named time and place and did then again adj ourn the hearing of said matter to August 3rd, 1903, at four o'clock P. M. at the same place, and WHEREAS , Said Committee on Streets did at said various hear- ings and at said last mentioned time and place , 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 petitioners and all other persons interested in the matter of said proposed vaca- tion, and did take proof of the matters ave ' d in said petition, and being of the opinion that the prayer of sa ' > etitiioo_n should be granted to the extent and upon the terms hereinafter stated, did duly report its conclusions to said Assembly, recommending the adoption of an appropriate resolution, declaring said vacation, NOW, THEREFORE, It is hereby resolved, by the Common Council of 1 1e City of St. Paul, that Locust street between the south line of Fift h street and the north line of Fourth street; Willius street bet- ween the south line of Fifth street and the north line of Fourth street ; Neill street between the south line of Fifth street and the north line of Fourth street; Kittson street between the south line of Fifth street and the north line of Fourth street; and Fifth street east of the east line of Kittson street, as the same is shown on the plat attached said petition, between Blocks thirty-seven (37) and fifty-two ( 52) of Kittson' s Addition to said City, and all that part of the intersection of Kittson street and Fifth street lyin asterly of the dotted white line drawn .n a curve, from t,ie ,corner of Block numbered thirty-seven (37) toithe corner� e4' I9,,ck TIum eyed fifty-one (51) of,said Kittson'`s iv! -,� , 'i, Y'tt''v' v.h , 'y, ° .`. " .i. . Addition t at•r radius of sixty-six,- (66) feet from the nearest;, corner of ,...... Bl.oc,k" thirty-eight (38) of said. Kittson' s Addition, across the inter-- 'section of said Kittson and Fifth streets as shown upon said plat _ 6. - , _ . .. _ i,_ _ _„ 1,,n1.-.m,ar. Ti i-f''+T-4 a1'rE?et c 0 w� ee„.7 '....1".0., . , ,.. TO THE COMMON COUNCIL OF THE CITY OF ST.PAUL: << Your petitioner, the Northern Pacific Railway Company, respect- - fully shows to the Honorable Council of the City of St.Paul, that it is a corporation organized under the laws of the State of Wisconsin, and owns and operates certain railroads extending from the city of Ashland, in the state of Wisconsin, through the states of Wisconsin, Minnesota, North Dakota, Montana, Idaho, Washington and Oregon, to the cities of Tacoma, Seattle and Portland ; also certain other rail- roads extending from the cities of Superior and Duluth to St.Paul, and from Brainerd and Staples to St.Paul, together with various other branches. That, owing to the increase of its business in the city of St.Paul, it has become necessary that said Railway Company should enlarge its terminal grounds by building additional freight houses and team tracks, and for that, purpose has acquired the title in fee simple to all of the lots in Blocks forty-oight(48) , forty-nine(49) , fifty(50) , fifty-one(51) and fifty-two(52) , of Kittson's Addition to the City of St.Paul, and proposes to erect a freight house thereon, facing on Fourth Street, about one thousand feet long, together with various team tracks, as shown upon the plat hereto attached. That, in order for your petitioner to use said premises for the purpose indicated, it is necessary that certain streets and alleys crossing the same,hereinafter named, be vacated. That your petitioner owns all the property abutting upon said streets and alleys sought to be vacated herein. WHEREFORE, your petitioner prays that your Honorable Body will take such proceedings as may be necessary_,,.to vacate and discontinue . (7 Locust Street, between the south line of Fifth Street and the north- line of Fourth Street ; Willius Street, between the south line of Fifth Street and the north line of Fourth Street ; Neill Street, be- tween the south line of Fifth Street and the north line of Fourth Street ; Kittson Street, between the north line of Fifth Street and the north line of Fourth Street ; and Fifth Street east of the west line of Kittson Street ; also the alley between Fifth Street and. Pt Fourth Street from John Street to Kittsor. Street ; said streets and alleys being colored green upon the attached plat. Ii: WITNESS WHEREOF, your petitioner has caused these presents to be signed by its duly authorized officers this / day of May, 1903. NORTHERN PACIFIC RAILWAY COMPANY, Preside'" /2 / .. �1 Attest: _ /d i _ __ Assistant Secretary. STATE OF MINNESOTA,SOTA, ) ) ss. County of Ramsey. ) C . S. MELIEN, being duly sworn, says that he is the President of the Northern Pacific Railway Company ; that he has read the foregoing petition and the same is true of his ow knowledge. Subscribed and sworn to before me this PC—day of May,A.D.1903. Notary Public , Ramsey County,Minnesota.