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1903 (10) .tI , TO THE MAYOR AND COMMON COUNCIL OF THE CITY_ OF SAINT PAUL: Your petitioner, the Northern Pacific Railway Company, re- spectfully shows to the Honorable Mayor and Common Council of the City of Saint Paul that it is °"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 ar,d Portland; also certain other railroads 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 switch tracks to facilitate the reception and delivery of freight to and from freight cars in the city of St. Paul, Minnesota, and for that purpose has acquired the title in fee simple to all of the lots in blocks forty-one (4 1) , .forty (404 , thir- ty-nine ( 39 ) , thirty-eight (3L ) , thirty-seven (37 ) , fifth-one ( 51) and fifty-two (52) of Kittson's Addition to the City of St.Paul, and pro- poses to erect freight houses and construct tracks , as above stated, thereupon and thereover, and to otherwise improve the same for railroad purposes as may seem necessary. I_i order for your petitioner to use said premises for the purpose* indicated it is necessary that certain streets and alleys be vacated, and your petitioner owns all the property in the blocks above described and on the line of the streets and alleys hereinafter de- scribed and which it is proposed to vacate . Accompanying this petition is a plat showing said streets and alleys and public grounds which it is proposed shall be vacated. -1- • 1) i WHEREFORE, your petitioner prays that you will take such pro- ceedings as may be necessary to vacate and discontinue the following streets and alleys in said city of St .Paul, to-.-pit : Locust street , from the southerly line of Sixth street to the northerly line of Fifth street ; Willius street , from the southerly line of Sixth street to the northerly line of Fifth street ; Neill street , from the southerly line of Sixth street to the northerly line of Fifth street ; Kittson street , from the southerly line of Sixth street to the southerly line of Fifth street; and the alley extending through blocks forty-one (41 ) , forty (40) , thirty-nine (39) and thirty-eight (38) of Kittson ' s Addition to the City of St .Paul from the easterly line of John street to the westerly line of Kittson street ; said streets and alley being colored red upon the attached plat. IN WITNESS liME E0F, Your petitioner has caused these presents to be signed by its duly authorized officers this sixth day of August , A. D. 1903. NORTHERN PACIFIC RAILWAY COMPANY, By I / President. Attest: / Assistant/ec tart'. STATE OF MINNESOTA, ss . County of Ram3ey r�, / being duly sworn, says that he is the p'"` °t of the Northern Pacific Railway Company, the p �, petitioner fil- ing the above petition; that he has read the foregoing petition and that the same is true. Subscribed and Sworn to before me / this '6th day of Aurr12st,A.D. 1903. -A" A Notar, .ublic, Ramsey County,I"innesota. ppm .111, 431 4 IT r saiA City, the sum of One Hundred Dollars, which is hereby fixed, in addition to the foregoing, 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 thirty days from its passage, the said Northern Pacific Railway 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, 641- 9'4 190 - /V/ 190P YEAS. � :A� NAYS. YEAS. NAYS. ALD. BA Z B CHMANN MR. AR D C' 'KING D N DA:. QUIST H S DOB! ER R ' RO T N !LiH . KENS S _.•tRMEIER V SLYKE T EELER M . 'IARTY ITCOMB R e7 AND NAYS 0 MR." E NAYS 0 MR. PR t IDENT ESIDENT I Approved d9e1 Y1"" •G,r �O " 190 Frank 3. Huber President of the Board of Aldermen ANIMpagliaolow .. .tee ,r r, .. .T"'-.._•. s:. #" ,. N .."9Y'mnr,.:.... R. S chi ffinen • President of the Assembly (f." X%_,. , A 11\ George T. Rodin -ton ,.„.",... .. City CI urk ri INS 1 .11 '4L• VA/ ,47;711 Y/ei ,) 0 \ .epaxtuunt 4f lea*. CITY OF SAINT PAUL. JAMES L. MICHAEL CORPORATION ATTORNEY. ASSISTANT ATTORNEYS GEORGE R. O'REILLY. LOUIS R FRANKEL. EMIL W. HELMES. -+� I 5 September 17th, 1903. 01( To the Common Council. Gentlemen: - Pursuant to instructions of the Committee: on Streets, of the Assembly, I herewith transmit a form of resolution for the vacation of portions of Locust, Willius, Neill and Kittson streets and the alley between Fifth and Sixth streets, from John street to Kittson street, pursuant to the petition of the Northern Pacific Railway Company, bear- ing date August 6th, 1903. Very respectfully, o poration Attorney. rte. 611 ` a i/e 1a $U a 4ULLU1ua1ej Jo "UOSAIEQ •S.t aouotq�utsaoou�a;;EI�Ep atsat2 fit[aiao; n; rut pautts;aa;ua aatq;neD Egnp •says Ep a•eNuo;aUUm • • ;E auzoq 44. 1 ad Iaq ;E 'stssUU a 30 'sauor •x *f 'SIN 4` we ieuas H aa ;ouz puts Jaq E; aaq$u t u t aa ua st 3AEtd JAI Hutsa ;t 3 .saw • « • ;s 1 •s;san$ ua; ao; p!EI aaam saano 0,7 .0 � -Eaa al0 Jo uosa •s..lAT JO aouoq ut Aup 1 RESOLVED By the Assembly of the City of Saint Paul, the body '/ of the Common Council of said city to which the petition of the North- ern Pacific Railway Company for the vacation of certain streets and alleys has been presented, that said Assembly deems it expedient that the matter of said vacation shall be proceeded with, and it hereby orders the said petition to be filed of record with the City Clerk and the said City Clerk to rive notice by publication in the offi- cial paper of the city for four weeks, at least once a week, to the effect that such petition has been filed as aforesaid and stating in brief its object ; and that said petition will be heard and considered by the committee on streets of the said Assembly on the 14th day of •n September, A. D. 1903, at four o 'clock P. M. at the City Hall in the city of Saint Paul. The streets and alleys described in said petition and refer- red to in this resolution are as follows: Locust street , from the southerly line of Sixth street to the northerly line of Fifth street ; Willius street , from the southerly line of Sixth street to the norther- ly line of Fifth street; Neill street , from the southerly line of Sixth street to the northerly line of Fifth street ; Kittson street , from the southerly line of Sixth street to the southerly line of Fifth street ; and the alley extending through blocks forty-one (41) , forty (40) , thirty-nine (39) and thirty-eight (36) of K_ittson.' s Addition to the City of St.Paul from the easterly line of John street to the west- erly line of Kittson street. 11 - _ , ; • -. .. , - t; a , cr ;. . A .D• 1903 . . • Att„.../.4.y,f-„-i,i.-7„/-',,.-';..:'/:..- ._ .0y,:,4001-.. --4..:- .- City -C—, Cit„' o� _ , . 72- • • • The marriage of Miss Alice Wright, ga laughter of Mr. and Mrs. W. H. S. al Wright, of Portland avenue, to Mr. :he ienry C. Winslow, will occur on the vening of the 26th of August at Christ pi • g 4 f i 41101 8 � 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 i necessary purposes, and to have access to and make the necessary con- nections with and repairs to any and all thereof along, across and 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 Rcost and expense of any such improvements, to the same extent as if said streets and alleys were not vacated and said premises were owned by a private individual; and the vacation herein provided for shall not in any manner relieve or discharge 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 vacated, as public necessity and safety may hereafter require , and any 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 vacation had not been made. Fifth..- Such vacation is upon the further express condition that said Northern Pacific Railway Company, its successors and assigns, shall forever indemnify and save harmless said City of St. Paul from any and all damages, claims for damage , and cost and expense , 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 (4) * )41 ? j g ' I r- side of Fourth street between said points shall be liable only for pav- ing assessments. Second,. Such vacation is upon the further express condition that said Northern Pacific Railway Company shall also pay to said City the cost and expense of the enlargement and repairing of the sewer at present existing on Fifth street from Kittson street to Brook street not exceeding, however, a total expense oftTwo Thousand Doltl.ars, which shall be held to be the same $2000.00 required to be paid by a certain resolution approved September 8th, 1903, vacating other portions of the same streets on petition of said Company. Third. Such vacation is upon the further express condition that said Northern Pacific Railway Company, its successors and assigns, H. shall, at its and their own expense , within rt►►ghteen months after the passage and publication of this resolution, erect, construct and fully complete , and thereafter forever maintain the same in proper and safe b condition for public travel thereon, a good and substantial steel or iron viaduct, with suitable approaches, beginning at and connecting with Fourth street in said City, at a point at or near the easterly line of Kittson street at the southerly boundary of Block fifty-two of said Kittson' s Addition; running thenc4northerly over and across Block fifty-two and thirty-seven of Kittson' s Addition, to, and con- necting with, Sixth street at the most convenient point between Kittson and Brook streets, in accordance with the terms of a certain contract entered into with said City by said Northern Pacific Railway Company in reference thereto, bearing date August 6th, 1903, and when so con- structed said viaduct shall be perpetually dedicated to the public for use as a highway, and shall not be crossed or traversed at grade by any railway tracks. Fourth. Such vacation is upon the further express condition that said City shall have and hereby expressly reserves to itself, the right , 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 (3) .gate and consider the matter of said proposed vacation, and did then and there ear 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 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 On vacation, NOW, THEREFORE, It is hereby resolved, by the Common Council of the City of St. Paul, that Locust street between the south line of Sixth street and the north line of Fifth street; Willius street between the south line of Sixth street and the north line of Fifth street; Neill street between the south line of Sixth street and the north line of Fifth street; Kittson street between the south line of Sixth street and the south line of Fifth street , and also the alley between Fifth street and Sixth street from John street to Kittson street , running and extending through Blocks forty-one (41) , forty ( 40) , thirty-nine (39) and thirty-eight (38) of said Kittson' s Addition, be and the same are hereby each and all vacated, subject, however, to the following terms, conditions and reservations hereinafter set forth, that is to say: First._ Such vacation is upon the express condition that all of said Blocks 41, 40, 39 and 38 and Blocks 37 and 52 of said Kittson' 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 westerly line of Kittson street in said City, and all o:t . 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 extent and withAlmAi effect as if said premises were owned by private individuals, and this shall include all local improvements, whether heretofore or hereafter made , the assessment for and cost of which have not already been paid, pro- vided that the property of said company abutting upon the southerly q. w -Boarel—F, No...... Assembly F. No. j By 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 Sixth street and the north line of Fifth street; Willius street between the south line of Sixth street and the north line of Fifth street; Neill street , between the south line of Sixth street and the north line of Fifth street; Kittson street , between the south line of Sixth street and the south line of Fifth street; also the alley between Fifth street and Sixth 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 verifie#'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 required 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 14th day of September , 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 re- port thereof and thereupon said petition and plat were duly filed in the office of said City Clerk and said notice was duly given and pub- lished as required by law; and WHEREAS, The said Committee on Streets, of said Assembly, did meet at the time and place above mentioned, for the hearing, investi- gation and consideration thereof, and did then and there duly investi- t r) * "