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1904 (15) • F t 1 . • .r ' t of Auditor' s Subdivision number thirty-five (35) , said portion so to be vacated being more particularly described as follows: Commencing t at the southwesterly corner of said Lot numbered one (1) of Block numbered thirty-one (31) of Saint Paul Proper, according to the re- corded plat thereof; thence southerly and along the westerly boundary line of said Lot numbered one (1) , produced a distance of seventeen (17) feet; thence easterly and parallel to the southerly line of said Lot numbered one (1) a distance of one hundred sixty (160) feet; thence to the right , thirteen degrees (13°) a distance of twenty-three (23) feet; thence to the left , seventy degrees (70°) and thirty minutes (30' ) a distance of fifteen (15) feet; thence westerly along the southerly line of said Lot numbered one (1) a distance of thirty (30) feet to the monument located in the angle in the southerly boundary line of said Lot numbered one (1) ; thence westerly along the southerly boundary line of said Lot numbered one (1) a distance of one hundred sixty-five and ninety-seven one-hundredths (165.97) feet to the place of beginning, as shown upon the plat annexed to said petition, be and the sane is hereby vacated and discontinued as a public street, subject, however, to the following terms and conditions, that is to say: Such vacation is upon the express condition that said peti- tioner, Farwell, Ozmun, Kirk & Company shall in all things fulfill and perform all the terms and conditions of Ordinance No. 2444 of said City, approved April 29th, 1904, referred to in said petition, except said petitioner may extend the building referred to in said Ordinance No. 2444 so that the southerly wall thereof shall take the place and be in lieu of the retaining wall required to be constructed under and by the terms of said ordinance , and said petitioner shall also pay into the Treasury of said City the sum ofyv '-/' �°�� Dollars, in addition to the expenses of this proceeding, which is hereby fixed as the compensation to be paid`'to said City in consider- ation of said vacation. Adopted by the Board of Aldermen Adopted by the Assembl f t #/ / --190__:. / 190 YEAS. NAYS. . I YEAS. NAYS. ALD. BA ITZ 1 BRENNAN MR. HA\S BUCHMANN KELER t 1 CO NING O'B IEN HA.. KNEY , HEBL / REG N LYNCH / MANN t MORIARTY WHI COMB NYIERG YOE G ROHLAND NAYS 0 MR. PRE 1DENT NAYS 0 MR. PR$SIDENT Approved S r P 9 1n4 190___ ri. — al 4. ryr, 1961 Ac Inc Mayor. .. I r • ! x ` • • • ‘,AN TO THE C07,170.7 COiP rC IL OF T.IITE CITY OF S'2 . PAUL: The Petition of Farwell, Oznnun, Kirk 8c Co. respectfully shows and represents: That your Petitioner is a corporation organized, created and existing under and by virtue of the Laws of the State of Minnesota, and that y:;ur Petitioner is the owner of all the follow- ing described tract and parcel of land, lying and being in the City of St . Paul, County of Ramsey and State of Minnesota, to-wit : All of lo: numbered one (1) of Block No . thirty-one (31) of St . Paul Proper, lying south of t"e alley running through said block, except the tract or parcel of land in : :le southeasterly corner thereof owned by the Chicago , Milwaukee & St . Paul Rail- way Company, and ,articularly described in deed recorded in the - Office of the Register of Deeds in and for the County of Ramsey and State of Minne so to in book 53 of Deeds at page 621 thereof of the records of said office . The said premises o .n ed by your Petitioner are otherwise known as lots numbered seven (7 ) , eight (8) , nine (9 ) , ten (10) , eleven (11) and twelve (12 ) of the plat on ale in the Office of the County Auditor of said County, entitled "Plan showing Division of p?.•ooerty in Block 31 St . Paul Proper _made for County Auditor Tune 1st, 1880, L. W. Rundlett , Surveyor;" and said premises owned by your Petitioner are hereinafter to be known as lot numbered eight (8) in Auditor' s Subdivision Numbered thirty-five (35 ) , the plat of said Auditor' s Subdivision . o. 35 having been made but hot as yet recorded. Your Petitioner further represents that under and by virtue of the Provisions of Ordinance 3;T o. 2444 of said City of St. Paul approved April 29th, 1904, your Honorable Body and the -1- • t . • • City of St. Paul granted : emission and authority to the Chic tigo, Milwaukee & St . Paul Railway Co,many to construct , Tnaintain and operate a certain spur railway track along and upon that Cart of the northerly seventeen feet of Second Street which lies im- mediately south of the tract of land above described as being the premises of your Petitioner. Yo, r Petitioner further represents that thereafter and on the 25th day of June A. D. 1904, your Petitioner duly filed with the City Clerk of said City of St .Paul, your Petitioner' s written acceptance of said Ordinance 7To. 2444 in form then and there approved by the Corporation Attorney of the City of St . Paul, wherein your Petitioner agreed to abide by and perform all the terms and conditions of said ordinance To . 2444. Your Petitioner further represents that under and by virtue of the ordinance last aforesaid and the a,ccoetance thereof by your Petitioner as aforesaid, your Honorable Body and the City of St. Paul has -permanently and forever parted with all right of use, enjoyment or occupation of that part of said northerly seventeen feet of Second Street which lies adjacent to the tract of land hereinbefore described as the premises of your: Petitioner. Your Petitioner further represents that at the tie it filed with t ;e City Clerk of said City of St . Paul its petition dated February 15th, 1904 , praying that permission be granted to said Chicago, Milwaukee & St . Paul Railway to construct , main- tain and operate its said li e of railway, your Petitioner con- templated the erection and. construction of a warehouse building as in said Petition set forth and described, and contemplated that if the permission prayed for in said Petition were granted, one of the spur tracks of said railway .ment ioned and referred to in said Tetition should be operated outside the wall of said building and on that portion of the northerly seventeen feet of -ti • F r t • • r • , (.0 of Auditor' s Subdivision number thirty-five (35) , said portion so to be vacated being more particularly described as follows: Commencing at the southwes erly corner of said Lot numbered one (1) of Block numbered thirty-one (31) of Saint Paul Proper, according to the re- corded plat thereof; thence southerly and along the westerly boundary line of said Lot numbered one (1) , produced a distance of seventeen (17) feet; thence easterly and parallel to the southerly line of said Lot numbered one (1) a distance of one hundred sixty (160) feet; thence to the right , thirteen degrees (13°) a distance of twenty-three (23) feet; thence to the left , seventy degrees (70°) and thirty minutes (30' ) a distance of fifteen (15) feet; thence westerly along the southerly line of said Lot numbered one (1) a distance of thirty (30) feet to the monument located in the angle in the southerly boundary line of said Lot numbered one (1) ; thence westerly along the southerly boundary line of said Lot numbered one (1) a distance of one hundred sixty-five and ninety-seven one-hundredths (165.97) feet to the place of beginning, as shown upon the plat annexed to said petition, be and the same is hereby vacated and discontinued as a public street, subject, however, to the following terms and conditions, that is to say: Such vacation is upon the express condition that said peti- tioner, Farwell, Ozmun, Kirk & Company shall in all things fulfill and perform all the terms and conditions of Ordinance No. 2444 of said City, approved April 29th, 1904, referred to in said petition, except said petitioner may extend the building referred to in said Ordinance No. 2444 so that the southerly wall thereof shall take the place and be in lieu of the retaining wall required to be constructed under and by the terms of said ordinance , and said petitioner shall also pay into the Treasury of said City the sum of , fv ( /14,,4 Dollars, in addition to the expenses of this proceeding, which is hereby fixed as the compensation to be paid`/to said City in consider- ation of said vacation. Adopted by the Board of Aldermen '` Ar. Adopted by the Assernbl p A./ 190 190 YEAS. NAYS. YEAS. NAYS. ALD. BA 1TZ BRENNAN MR. HAS BUSCH MAN N KE4LER CONING ,,T3 EN HAbKNEY .. HEBL REG N LYNCH / - 9'P MANN MORIARTY WHITCOMB NY$ERG YOE G ROIL LAND NAYS 0 MR. PRE (DENT NAYS 0 MR. PRISIDENT , Approved R r P 9 1914 190__-- • SEifi 19; Ac ing Mayor. Apoommluv r • F r . • • • Second Street above described. Your Petitioner further repre- sents that since it has accepted said Ordinance, it has ascer- tained that it will facilitate the transaction of the business of your Petitioner if your Petitioner be permitted to extend the southerly wall of the warehouse building it proposes to erect over said northerly seventeen feet of Second Street so that both of the spur tracks of said railway referred to in said Ordinance :To . 2444 will be located inside the walls of said building instead of one track being located inside of said walls and one track out- side of said walls, and your Petitioner further represents that public safety will be enhanced if the excavation in the northerly seventeen feet of Second Street which will be made necessary by the location of said spur track according to the terms of said Ordinance 17o. 2444 be erotected by the wall of y ur Petitioners pro-eo sed building instead of being protected by a retaining wall surmounted by an iron railing. Your Petitioner further repre- cent s that the safety of the public will he enhanced if the operation of cars and engines on the aforesaid track be conducted inside the walls of your Petitioner' s ._roposed building rather than in an excavation in a ;ublic street . Your Petitioner- further represents that it desires that your Honorable Body, the Coemon Council of the City of St . Paul, shall by a suitable Ordinance vacate all that port ion of Second Street in the City of St . Paul, which i s described, as follows, to-Yrit : The northerly seventeen (17 ) feet of Second Street which lies south of that portion of lot numbered one (1) in Block numbered thirty-one (31) of St . Paul Proper, which is kno-en as lots. seven (7 ) , ten (10) and eleven (11) of the Subdivision of Lot One (1) in Block thirty-one (31) of Saint Paul Proper and which is hereafter to be k_noem as Lot numbered Eight (8) of Auditor ' s Subdivision .umber thirty-five (35 ) : said portion of Second Street to be vacated being more part iculerly described, as follows: Cornr,!encing at the southwesterly corner of said lot' numbered one (1) of Block ni nbered thirty-one (31) of St . Paul Proper, ac- -3- '1,A. 1. • r, r • cording to the plat thereof or. file and of record in the office of the Register of Deeds in and for Ramsey County, Mime rota, hence southerly and along the westerly boundary line of said Lot numbered One (1) produced a distance of seventeen (17 ) feet ; thence easterly and parallel to the southerly line of said lot numbered One (1) , a distance of One Hundred and Sixty (160 ) feet ; thence to the right thirteen derrrees (13* ) a distance of t . enty-three (23) fcettt• thence to the left seventy degrees and thirty minutes ( 70`30 ' ) a distance of Fifteen (15 ) feet ; thence westerly along the wo .Lth.erly line of said Lot numbered One (1) a distance of T7,irty (30) feet , to the monu :ent located in the nnr,1P in tht snnt_herly 1"o_undary line of said Lot numbered One_._(1) , 0 C • t dre\yk,0)91",-.' c:)3-4 TO THE COM7ON COLhICIL OF TILE CITY OF S`2 . PAUL: The Petition of Farwell, Ozmun, lark & Co. respectfully shows and represents: That your Petitioner is a corporation organized, created and existing under and by virtue of the Laws of tile State of Minnesota, and that y ur Petitioner is the owner of all the follow- ing described tract and parcel of land, lying and being in the City of St . Paul, County of Ramsey and State of Minnesota, to-wit : All of lot numbered one (1) of Block No . thirty-one (31 ) of St. Paul ..'roper, lying, south of the alley runr . .g through said block, except the tract or parcel of land in the southeasterly corner thereof owned by the Chicago , Milwaukee & St . Paul Rail- way Company, and .articularly described in deed recorded in t e Office of the Register of Deeds in and for the County of Ramsey and State of Minnesota in book 53 of Deeds at page 621 thereof of the records of said office . The said premises owned by your Petitioner are otherwise known as lots numbered seven (7 ) , eight (8) , nine (9 ) , ten (10 ) , eleven (11) and twelve (12 ) of the plat on file in the Office of the County Auditor of said County, entitled "Plan showing Division of property in Block 31 St . Paul Proper _wade for Count:y Auditor June 1st, 1880, L. W. Rundiett , Surveyor;" and said premises owned by your Petitioner are hereinafter to be known as lot numbered eight (8) in Auditor' s Subdivision Numbered thirty-five (35 ) , the plat of said Auditor's Subdivision No. 35 having been made but hot as yet recorded. Your Petitio:B r further represents than under and by virtue of the Provisions of Ordinance 3%o. 2444 of said City of St. Paul approved April 29th, 1904, your Honorable Body and the -1- S 4 r. 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".- ' ,4':'. - .•–• C.., '.-- ..- ., . - . _ • '-:. ..,.«. . _:,.. .);'3 : ,". f,'.' ... . .4.. . _ • , . - . , . . . .... • . . . ., ,. . . • , . ., . .. . ., . . • - . . . . . . . . , . • . . . . . . . . . .-,..,.,. ► r • d t • • STATE OF MI;vEESO TA, ss . COUT?TY OF RAMSEY, R.. A . Kirk cane before personally, and being first duly s:;orn, on oath deposes and says; that he is an officer of the Petitioner, FARWELL, 07;77T, DIRK 8c CO. named in and who presents the foregoing Petit ion, to-wit: the President thereof; that he has read the foregoing, Petition, knows t e contents thereof, and that the sane is t rue of his o,:n lmowled e, save and except as to those matters therein stated on his information and belief, and as to those matters, that he believes it to be true. Further saith not . r Subscribed and sworn to before me this 18th day of July A. D. 1904 . o �'r y Ramsey County, Minnesota.