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1907 (14) OFFIOI9 OF CITY TREASURER. NI ZW 4 14 t y ti l I i k' ,., ,-'s\ 9 M ., '] d 0 t4 64 5 G f I r l , 1111r =rpartuvritt 0 3tati CITY OF SAINT PAUL yyyuuu 44") JAM ES C.MICHAEL ' \ /t CORPORATION ATTORn•EY {(I'� � �/'/�� LOUIS EL rl CHAS.E..COII_L LTTTT MICHAEL DORAN OR Q\ September 17th, 1907 . To the Common Council . Gentlemen : - Pursuant to instructions of the Committee on Streets of the Board of Aldermen, I transmit herewith proper form of resolution vacating a portion of Summit avenue between Selby avenue and Dayton avenue , on petition of the Diocese of St . Paul. Very respectfully, /� J , • on torn 1 1, � t 9P n I Bd 1 No. X6206—•By Al d, Ti �P r✓'ii- °.`�� I whereas there was heretofore pre-' sented to the Board Of Aldermen, one of the branches of the Common Coun- cil of the City- of St. Paul. the petition of the Diocese of St. Paul, the owner of all the land and property abutting upon and adjoining the street herein- +` after described, praying for the vaca- tion of all that portion of Summit avenue bounded and described as fol lows, to wit: Commencing at the in-'I tersectlon of the west line of Summit " r ,AS , There was heretofore presented to a;entie with the south line of Dayton avenue, thence east on the said south, (line of Dayton avenue a distance of fifty-three feet; thence southerly on Aldermen, one of the branches of the Common Council Of a curve of two hundred feet radius and convex to the said west line of Summit avenue to a point on the north line of Selby avenue fifty-three feet Paul the petition of the Diocese of St . Paul the own east of the intersection of said north line of Selby avenue with the said west line of Summit avenue; thence west on the said north line of Selby and property alai ting upon and adjoining the str�ee't h avenue to said last named intersec- tion; thence north on the said west line of Summit avenue to•the point of Bribed praying for the vacation of all that portion ginning, and more nartrculirly aP- f Z �' � � gibed and shown upon the pl$f, weed to said petition, which sa titlon is•duly verifier? as required�b bounded and described as follows , to-wit : Cormner:cing ,law, and sets forth the facts and rea- sejns for such vacation; and - Of the 4Ye S 4 Whereas, the said Board of Alder- west line of Summit avenue with the south line ri°en deemed it expedient tl t t�t�• r,ratter therein referred to should b roceeded with and ordered said pe- 'ition and accompanying plat to bo thence east on the said south line of Dayton avenue a led of record in the office of the 'ity Clerk of said city, and ordered said City Clerk to give notice by pub- lication in the official paper of said three feet; thence southerly on a curve of two hundredcity, 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 Com- convex to the said west line of Summit avenue to a po mince on Streets of said Board of Al- i dermen at its regular meeting to be held in the Council Chamber in the line of Selby avenue fifty--threes feet east of the inte Court House and City Ball Building, in said city, on the 12th day of Sep- - tember, 1907, at -tour o'clock p. m„ which said notice was duly publish- north line of Selby avenue with the said west line of ed and. given; and Whereas, said Committee on Streets of said Board of Aldermen did meet at said time and place mentioned and west on the said north line of Selby avenue to said 1 appointed therefor, and did then and there duly investigate and consider the matter of said proposed vacation, and did then and there hear all testi- section; thence north on the said west line of Summit mony and evidence adduced on the part of the petitioner and all other persons interested in the matter of said proposed vacation, and did take point of beginning, and more particularly described sr proof of the matters averred in said petition, and being of•the opinion that the prayer of said petition should be plat annexed to said petition, which. said petition is granted upon the terms hereinafter stated, did duly report its conclusions • I to said Board of Aldermen, recom- mending the adoption of an appro- required by law and sets forth the facts and reasons f priate resolution declaring said vaca-. tion: now, therefore, it is hereby Resolved, by the Common Council of the City of St. Paul that all that and !of rtStir Summit sota,llCdesc described City d s follows, to wit: Commencing at the intersection of the west line of Sum- WHEREAS , The said Board of Aldermen deemed 'r„it avenue with the south line of Dayton avenue, thence east on the said south line of Dayton avenue a i , distance of fifty-three feet; thence the matter therein referred to should. be proceeded 1�° i somberly on a curve of two hundred feet radius and convex to the said west line of Summit avenue to a point i to petition and accompanying plat t be filed of p record ion the north line of Selby avenue fif- ty-three feet east of the intersection of said north line of Selby avenue with the said west line of Summit the City Clerk of said City and ordered said City Cleavenue; thence west on the said north line of Selby avenue to said last nam- ed intersection; thence north on the said west line of Summit avenue to by publication in the Official paper of said City in tthe point of beginning, as shown upon said plat, be and the Same is hereby vacated and discontinued as a public street, subject, however, to the fol- the time required. by la.w, that said petition an the s l°wing conditions, that is to say: Such vacation is based upon the condition that said petitioner shall, thereof would be heard and considered by the Committee ''efore this resolution takes effect, pay_ into the Treasury of said city the ex- penses of this proceeding, and shall also pay all the cost and expense of Board of Aldermen at its regular meeting to be held is opening, widening and improving said Summit avenue under and pursuant to Assembly ]`ile No. 9215, approved Sept. 20, 1906, which is hereby fixed in the Court House and City Hall Building in said Gity as the compensation to be paid to said ,.city for such vacation. Adopted by the Board of Aldermen Sept. 17, 1907 of September 07 . , 19 , at four o ' clock P. M. , which said Adopted by the Assembly Oct. 5, 1907. Approved Oct. 7, 1907. published and given; and coot_ s-1907) WHEREAS, Said Committee on Streets of said Board. of Aldermen did meet at said time and place mentioned and appointed therefor and did then and there 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 petitioner 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 upon the terms hereinafter stated , did. duly report its conclusions to said Board of Aldermen , recommending the adoption of an al2propriate resolution declaring said vacation; now therefore , it is hereby Resolved, By the Common Council of the City of St . Paul, that all that portion of Summit avenue in the City of St . Paul, Minnesota, described as follows, to-wit : Commencing at the intersection of the west line of Summit avenue with the south line of Dayton avenue , thence east on the said south line of Dayton avenue a distance of fifty-three feet ; thence southerly on a curve of two hundred feet radius and convex to the said west line of Suit avenue to a point on the north line of Selby avenue fifty-three feet east of the intersection of said north line of Selby avenue with the said west line of Summit avenue ; thence crest on the said north line of Selby avenue to said last named Intersection; thence north on the said west line of Summit avenue to the point of beginning, as shown upon said plat, be and the same is hereby vacated and discon- tinued as a public street , subject , however, to the following conditions,. that is to say : Such vacation is based upon the condition that said petitioner shall , before this resolution takes effect , pay into the Treasury of said City the expenses of this proceeding , and shall also pay all the cost and expense of opening , widening and improving said Summit avenue under and pursuant to Assembly File No . 9215 , approved September 20 , 1906, which is hereby fixed as the compensation to be paid to said City for such vacation . Adopted by the Board of Aldermen, Adopted by the Assembly, FP : _190 tP 190 ------------- 17 aP --- -- YEAS YEAS NAYS, NAYS ALD. F RLONG �q�� � MR. CAA RON BER A HA S • R :. 6LD '1 IAA TAB �4. 0 KE LER I907 y � :LE yr1 NZ AU�.. - �.�1R� �►� lj P01 DIIO !'`N BERG + °`"°+ RE( N R ,;a W OMB • R HLAND NAYS 0 ' MR. PRESIDENT T FFANY T oY NAYS 0 ✓MR. P Approved "ESIDENT Cr .._ _._-- - 190 _ w.�v Mayor. A'< t A • 1110k 1111 1,01 t.--l'At;Alt,r+4,4( .. ° To the Common Council of the City of St . Paul, Minnesota. Gentlemen : - The undersigned, Diocese of St . Paul, a corporation organized under the laws of the State of Minnesota, respectfully states and represents that it is the owner of all the land adjoining and abutting upon either side of Summit avenue between Dayton avenue and Selby avenue in the City of St . Paul, and respectfully petitions your Honorable Body to vacate all of that portion of Summit avenue bounded and described as follows , to-wit : "°,, Commencing at the intersection of the west line of Summit avenue with the south line of Dayton avenue , thence east on the said south line of Dayton avenue a distance of fifty-three feet; thence southerly on a curve of two hundred feet radius and convex to the said west line of Summit avenue to a point on the north line of Selby avenue fifty-three feet east of the intersection of said north line of Selby avenue with the said west line of Summit avenue; thence west on the said north line of Selby avenue to said last named intersection; thence north on the said west line of Summit avenue to the point of beginning, and more particularly shown and indicated a.,ed upon the blue-print map hereto attached and made a part of this petition . The facts and reasons for such vacation are that your petition- er owns the property between Selby avenue and Dayton avenue and abutting upon the said west line of Summit avenue, and is constructing thereon a large cathedral building for church purposes, and such vacation will largely contribute toward the advantageous improvement and beautification of said property and at the same time be of advantage to the public in carrying out the scheme for the widening and change of location of Summit avenue between said points, and to that end your petitioner has, without expense to the City purchased the necessary property and borne all the expense of the widening and extension of said Summit avenue as carried V L' l ,