1909 (23) V 4
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Form 63 5-26O8 5M
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Ado.te Assembly_
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CONROY
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NAYS 0 R. PRESIDENT (YOERG)
OFFICE OF
CITY TREASURER.
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GEORGE T_REDINGTON,Cirr CLERK
JOHN T.Mc GINN,ASST.CLERK
October 5th,1909
;r.J.C.Michael,
Corporation Attorney, City
Dear Sir,-
The Committee on Streets of the Assembly at their meeting held Oct.4th,1909
wade favorable report on the petition of "'m.L.Goodkind for the vacation of Heather
Place. Herewith find petition, and all other papers.
Yours truly,
Ceo.T.Reding+on,
City Clerk.
--OtintrtuArnt q 3C;ttti .
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CITY OF SAINT PAUL
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JAMES C.MICHAEL
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CORPORAT ON ATTORNEY ,I r/A GO?
ASS LOUIS NF..AFRANKEL
CHAS.E.COLLETT "
MICHAEL DORAN.JR
KIRBY - r9 vv
October 7th, 1909.
To the Common Council .
Gentlemen:—
Pursuant to instruction of the Committee on Streets of the
Assembly, I transmit herewith proper form of resolution vacating a
portion of Heather Place, on petition of Benjamin L. Goodkind and
others; the consideration being fixed at the expense of the proceed-
ing and the dedication of other property for the extension of Heather
Place to Grand avenue .
Very respectfully,
`
ciorlo .z •n Attorney.
Successive Insertions--St. Paul Daily News,
Affidavit of ublication•
STATE OF I`IINNESOTA,I
j' SS
County of Ramsey. JJ being duly•
deposes and ays: that he no is, and during all the time herein
mentioned has been in the employ of he printer and publisher of the news-
paper known as "THE ST. PAUL AILY NEWS," and during all said
time was, and now is. principal clerk of the printer of the said newspaper;
that the said newspaper: "THE ST. PAUL DAILY NEWS,"was, during all
the said time, and still is, a daily newspaper printed and published in the
OFFICIAL PUBLICATION City of St. Pa ,,in the County of Ramsey, in the tate of Minnesota, on
each and eve of the week, except no; ;• /at the a .exed printed
: !! !k and Resolutions mon Couucil of;C nr. Daily— i ' 2
Sented t4 the Assembly, one of the I ��,y�� /
branches` of the Common Council of R •r
the City of St. Paul, the /
(► Benjamin L. Goodkind and p others, a
majority of the owners (resident with-'
in the City of St. Paul, Minnesota).of
all the land and property abutting hereto attached and made part hereof, was cut and taken from the columns
upon and adjoining the street known'
as Heather place, praying for the va- of said newspaper, and was printed and published in, said newspaper for
cation of all that part of Heather
place, lying westerly of the following� ! .eonneett fig day!—wool s,..once in each week—that the said
described line: Commencing at the
northeasterly corner of lot fourteen
(14), of James W. Heather's Subdi- notice st printed a .' .. shed in said newspaper on
vision of Block 7, Terrace Park Ad- lv�,/
dition to St. Paul• thence northwester- the day of /' A. D., 190. ; atad-wag...
of theaeasterly which
l nesofhsaidolotgfour- t. -
teen (14), to the intersection of the
west line of lot four (4) of said sub-1 s eces fie,
division, produced south; thence north
on the said line so produced, to the trap A. D., 139 . that said newspaper was,
outhwest corner of said lot four (4),
in St. Paul, Minnesota, and more par-
/ during all the time in this affidavit mentioned, and still is, a collection of
ocularly shown and described upon the
IFlat annexed to said petition, which reading matter in columns and sheet form, the matter consisting of general
said petition is duly verified as re-i and local news, comments and miscellaneous literary items, printed and
fitquired by law, and sets forth the facts) published in the English language daily except Sunday, at an established
and reasons for such vacation; and + office, and known place of business in said city, to-wit: No. 92 East Fourth
Whereas, said Assembly deemed it
expedient that the matter therein re Street, equipped with the necessary materials, newspaper presses and
(erred to should be proceeded with, skilled workmen for preparing, printing and publishing the same, and the
and ordered said petition and accom- whole thereof, in said city; that the said newspaper was during all the said
the office Plat to be filed of record In; y' was, g
the office of the City Clerk of said I time, and still is, dated in St. Paul, and generally circulated in said city
city,,and ordered said City ,Clerk to and county, that said newspaper, for more than one year next preceding the
give notice by publication in the offs- date of the first publication of said notice, and during all the time of said
cial-;Paper of said city, to the manner
and for the time required by-law, that
publishing, was printed in whole, and published and circulated in said
said petition and the subject matter county; that during all the said time said newspaper has consisted, and still
thereof would be heard and considered consists, of more than the equivalent in space of four pages, of more than
by the Committee on Streets of said five columns to each page, each column being not less`than seventeen and
Assembly at its regular meeting to be
lilt"}i the Council Chamber is -the three fourths inches long; that during all said time said printer and publish-
er said city, h° city Bali 'Builairier of the said "ST. PAUL DAILY NEWS" has printed, published and
her, 1906, y' on the 4th day.of Oct 'o' delivered, at each regular issue, more than two hundred and forty complete
at four o'clock P, m., Which
copies of said newspaper to a in subscribers;that said newspaper durin
said notice was duly 1)4hiished and co paying g , during
g'ven' and _ said time, has never been, and is not now a duplicate nor made up wholly
Whereas, ten, of patents, or plates and patents and advertisements, or either or any of
of said Assembly did meet at the time
and place above mentioned! and- ap-
pointed them.
pointed therefor, and did then 'and That heretofore and prior to March 31, 1901, the publisher of said news-
there hear all testimony and .evidence paper filed with the County Auditor of said Ramsey County, an affidavit
adduced on the part of said petition-
ers and other percong. interested-in the setting forth the facts required by section 2 of Chapter 33 of the General
(matter:of said proposed vacation, and Laws of the State of Minnesota for the year 1893, as amended.
did take proof of the matters averred That affiant knows personally all the fac : set fort ' this affidavit, and
In said petition, and being of the opin-- that each and all thereof are tr - «
on that granted prayer of said petition I
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should be granted upon the terms here- '
Matter stated, did duly report its con- ire me this
elusions to said Assenply, recommend- ._ �• .... - - - .. ... . ._.
'ing the adoption of, an appropriate /
resolution declaring such vacation;
now therefore, it is hereby D, l90 Fee, $ Receive. '_, ment.
Resolved, by the Common Council of
the City of St. Paul that that portion
of said Heather place lying westerly THE DAILY NEWS PUBLISHING CO.
of the following described line: Coln-
meeting at the northeasterly corner of ./
lot fourteen (14) of James W. Heath- Via[_
er's Subdivision: of Block 7, Terrace ■ innesota, Date 190 Per
Park Addition to St: Paul; thence
northwesterly on a line which is-the
prolongation of the easterly line of
said lot fourteen (14), to the intersec-
tion of the west line of lot four (4) exp t re�
of said subdivision, produced south; Dee•e.lelIL
thenco. north on the said line so pro-
duced, to the southwest corner of said
lot four (4), as shcvpon said plat,
be and the same is hereby vacated
and discontinued as a plbblic street,
subject to the
that is to say: following conditions,
Such va"ation is upon condition that
the petitioner, William L. Goodkind,
shall, before this resolution takes of
feet, convey and dedicate 1,.
of St. Pant...-
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Successive Insertions--St. Paul Daily News.
Affidavit of Publication.
STATE OF I"IINNESOTA,
}County of Ramsey. SS bein dui g y sworn, deposes and says: that h w is, and during all the time herein
mentioned has been in the emplf the printer and publisher of the news-
paper known as "THE ST. PAUL DAILY NEWS," and during all said
time was, and now is, principal clerk of the printer of the said newspaper:
that the said newspaper: "THE ST. PAUL DAILY NEWS,"was, during all
the said time, and still is, a daily newspaper printed and published in the
City of St. Paul, in t�.a County of Ramsey, in State of Minnesota, on
each and every • .,, the week, excep/.and y t the annexed p inted
i
notice 0i/ /
NOTICE OF NEARING Full VAt;A I I / /f/ / c
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Vacation of Street.
Notice is hereby given that the petition
of Wm. L. Goodkind et al., for the vaca-
tion of all that part of Heather place ■
lying westerly of the following described
line: Commencing at the northeasterly
corner of lot 14, of James W. Heather's
Subdivision of Block 7, Terrace Park Ad
- ! hereto attached and made part hereof, was cut and taken from the columns
dition to St. Paul, thence northwesterly of said ne spaper, and was pined and published in said newspaper for
on a line which is the prolongation of � .� /�
the easterly line of said lot 1., to the /J consecutive dcseel, once in each week—that the said
interse On of the west line of lot 4, of
produced o produced.
to erne notice w s t printed an blished in said a taper on
filed In ti oioonec of the lot 4, has been
north b said line do
flied !n the office of the sit Clerk of the da 1 of �if�. A. D., 190-- ; and was
the City of St. Paul, Minnesota, and said /�
petition will be heard and considered by the thereafter .,•d . • su lish in said newspaper on a ch and ever
Committee on Streets of the Assembly, set
their meeting to be held in the Council P�" f - ,/ii
Chamber in the Court Housy and City succeedi !, kil including the--
4
Hall Building ki he a ternoon of said day' day / /
da of. A. D., 190-- ---that said newspaper was,
sated at St. Paul. Minnesota., this 24th during all t • time in this affidavit mentione and still is, a collection of
day of August, 1909.
GEORGE T. REDINGTON, reading ma er in columns and sheet form, th matter consisting of general
City Clerk of the City of S. Paul, Min_ and local news, comments and miscellaneous literary items, printed and
neso(A published in the English language daily except Sunday, at an established
(Aug. 26 bepk 1-8-15_1909-4t) office, and known place of business in said city, to-wit: No. 92 East Fourth
-- Street, equipped with the necessary materials, newspaper presses and
skilled workmen for preparing, printing and publishing the same, and the
whole thereof, in said city; that the said newspaper was, during all the said
time, and still is, dated in St. Paul, and generally circulated in said city
and county, that said newspaper, for more than one year next preceding the
date of the first publication of said notice, and during all the time of said
publishing, was printed in whole, and published and circulated in said
county; that during all the said time said newspaper has consisted, and still
consists, of more than the equivalent in space of four pages, of more than
five columns to each page, each column being not less than seventeen and
three-fourths inches long; that during all said time said printer and publish-
er of the said "ST. PAUL DAILY NEWS" has printed, published and
delivered, at each regular issue, more than two hundred and forty complete
copies of said newspaper to paying subscribers;that said newspaper during
said time, has never been, and is not now a duplicate nor made up wholly
of patents, or plates and patents and advertisements, or either or any of
them.
That heretofore and prior to March 31; 1901, the publisher of said news-
paper filed with the County Auditor of said Ramsey County, an affidavit
setting forth the facts required by section 2 of Chapter 33 of the General
Laws of the State of Minnesota for the year 1893, as amended.
That affiant knows personally :11 the facts set forth in this affidavit,and
that each and all thereof are true , ,
Subscribed an worn to before me this /1 A.7.
(day of A. D. goo_ Fee, $ Receive, ' .yment.
THE DAILY NEWS PUBLISHING CO.
Ndtary ublic, Ramsey County, Minnesota. Date 190 Per
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My Commission expires Des.8,Ili 14k
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THE ST. PAUL DAILY NEWS
St. Paul, Minn. �4 194
Co The Daily News Publishing Co. Dr.
92-94 East Fourth Street
TO ADV. LINES INCHES TIMES"ex
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4 OFFICIAL PUBLICATION
_L Of Ordinanees Passed and.Resol ions
4 uu((
Adopted by the Common Council of l'
ef,_4'4,4e. ' .4014, • C3FFI�CIAL PUBLICATION the City of S . Paul.
Of Ordinances Passed and Hesolution8 1A'y. F Na. 11366—By Mr. Daily—
Adopted by the Common Council Of Whereas, there was heretofore pre-
111'26:
�' rented to the Assembly, one of the
the City of St, Puui. branches of the Common Council of
Of 1`
the City of St. Paul, the petition of I
Benjamin L. Goodkind and others, at
4. �. 4 /a4% inathetCity ofeSt. Paul,(Minnesot)oofI
all the land and property abutting
upon and adjoining the street known
as Heather place, praying for the va-
ca.don of all that part of Heather
WHEREAS, There was heretofore place, lying westerly of the following
heretofore presented to &scribed line: Commencing at the
northeasterly corner of lot fourteen
(14), of James W. Heather's Subdi-I
of the branches of the Common Council of the Cie y 0IVision of Block 7, Terrace Park Ad-
dition to St. Paul; thence northwester-
ly on a line which is the prolongation
of the easterly line of said lot four-
petition of Benjamin L. Goodkind and others, a majoIteen (1A), to the intersection of the
west line of lot four (4) of said sub-I
division, produced south; thence north
on the said line so produced, to the
resident within the City of St . Paul, Minnesota) of ,,outhwest corner of said lot four (4).
in St. Paul, Minnesota, and more par-
ticularly shown and described upon the
t i .u-e, Flat annexed to said petition, which
property abut tin{; upon and ad j oing the street known said petition is duly verified as re-
t ' quired by law, and sets forth the facts
and reasons for such vacation; and
Whereas, said Assembly deemed it
praying
for the vacation of all that part of Heathelexpedient that the matter therein re-
ferred to should be proceeded with, i
and ordered said petition and accom-
plat to be filed of record in,
westerly of the following described line : Comimencir he office of the City Clerk of said)
city, and ordered said City Clerk to,
give notice by publication in the offi-I
T cial paper of said city, in the manner
easterly corner of Lot fourteen (14) , of James ;• Hand for the time required by law, that
said petition and the subject matter,,
thereof would be heard and considered
Of Block 7, Terrace Park Addition to C by the Committee on Streets. of said
t haul; triene Assembly at its regular meeting to be
held in the Council Chamber in the
Court House and City Hall Building,
on a line which is the prolongation of the easterl y in said city, on the 9th day of Octo-,
ber, 1909, at four o'clock, p. m., which
said notice was duly published and
given: and i
fourteen (14) , to the intersection of the west line Whereas, said Committee on Streets'
of said Assembly did meet at the time I
and place above mentioned and ap-i
ofc pointed therefor, and did then and
o said subdivision, produced south; thence north Qrthere hear all testimony and evidence)
adduced on the part of said petition-
ers and other persons interested in the
i matter of said proposed vacation, and
produced, to the southwest corner of said Lot four (did take proof of the matters averred
in said petition, and being of the opin-I
,r ion that the prayer of said petition I
Minnesota, anc. more should be granted upon the termshere-I
�, particularly shown and describe Wafter stated, did duly report its con-
elusions to said Assembly, recommend-
. ing the adoption of an appropriate
annexed to said petition, which said petition is dulnow] therefore,aitn s such y vacation;
Resolved, by the Common Council of
the City of.St. Paul that that portion
required by lap and sets forth the facts and reason`-:of said Heather w place lying westerly
of the follo >ing described line:. Com-
mencing at the northeasterly corner of
lot fourteen (14) of James W. Heath-
er's Subdivision of Block 7, Terrace
Park Addition to St. Paul; thence
northwesterly on a line which is the
prolongation of the easterly line of
WHEREAS, Said Assembly deei e t It expedient said lot fourteen (14), to the intersec-I
Lion of the west line of lot four (4)I
of said subdivision, produced south:;
I thence north on the said line-so pro-,
therein referred to should be proceeded and nd O duced, to the southwest corner of said;'
lot four (4), as shown upon said plat,
be and the same Is hereby vacated
and accompanying plat to be filed land discontinued as a public street,)
y g p iled of record in the (1 subject to the following conditions,
•
that is to say:
Such vacation is upon condition that
. the petitioner, William L. Goodkind,
Clerk o f said City, and ordered said City Clerk to E.shall, before this resolution takes ef-
fect, convey and dedicate to the City
of St. Paul as and for a public street.
lication in the official paper of said City the ,.and for a continuation of said Heather
y in th i. place to Grand avenue, the westerly
thirty feet Of lot four (.1) in said
James W.,Heathers Subdivision, and to
time required by law, that said petition and tho "ll':grade and macadamize at his Own ex-
pehse Heather place, from Floral street.
to Grand avenue. Said petitioners
shall also pay into the treasury of
�y
would be heard and considered by the Committee on i.?t said city the expenses of this proceed-
ing, which is fixed as compensation
for said vacation.
Adopted by the Assembly Oct. 7.,
Assembly at its regular meeting to be held in the Cc1909.
Adopted by the Board of Aldermen
Oct. 19, 1909.
the Court House and City Hall Building, in said Cit Approved Oct.
Oct 25,
26-1909)
I .
of October, 1309, at four o' clock P . M., which said notice was duly
published and given; and
WHEREAS, Said Committee on Streets of said Assembly did meet
at the time and place above mentioned and appointed therefor, and did
then and there hear all testimony and evidence adduced on the part of
said petitioners and other rersons interested in the matter of said
40 b
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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 Assembly, recommending the adoption of an
appropriate resolution declaring such vacation; now therefore, it is
hereby
RESOLVED, By the Common Council of the City of St . Paul that
that portion of said Heather place ling westerly of the following
described line : Commencing at the northeasterly corner of Lot fourteen
(14) of James W. Heather' s Subdivision of Block 7, Terrace Park Addi-
tion to St . Paul; thence northwesterly on a line which is the prolong-
ation of the easterly line of said Lot fourteen (14) , to the inter-
section of the west line of Lot four (4) of said subdivision, produced
south; thence north on the said line so produced, to the southwest
corner of said Lot four (4) , as shown upon said plat, be and the same
is hereby vacated and discontinued as a public street, subject to the
following conditions, that is to say: 40
Such vacation is upon condition that the petitioner, William
L . Goodkind shall, before this resolution takes effect, convey and
dedicate to the City of St . Paul as and for a public street, and for
a continuation of said Heather Place to Grand avenue, the westerly
thirty feet of Lot four (4) in said James W. Heather' s Subdivision,
y7a le d zcek ea dce. , .fi a7�?tu;b a�wu� R-f�j���-a.G I .a'.e,�e. Plael f+=-<-• �,m-alg ,e „t/
Said petitioners shall also pay into the treasury of said City the
expenses of this proceeding, which is fixed as compensation for said
vacation.
Adopted by the Board of Aldermen. Adopted by the Assembly,
— _ — 190 L�.' 190
YEAS NAYS,
YEAS NAYS,
ALD. BUSCHMANN Mn.
COF/NING CON^OY
GE BER DA Y
HY .AND HA`S
MA ONEY KA TAR
KE LER
NY ERG POWERS
PRESIDENT (YOERG)
WHITCOMB
RIF NAYS 0 MR. PR
TR Approved ___ .�._ " +.ffi�i 190
NAYS 0 MR. PRESIDENT (HUBER) '
_Mayor.
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TO THE HONORABLE, THE COITION COUNCIL OF THE CITY OF ST.PAUL:-
.111 Your petitioners respectfully show that they are a majority of the owners
:is:, ,,; (resident within the City of St.Paul, in Ramsey County, Minnesota) of property
on the line of the street known as "Heather Place"; that said street is at pres-
ent ungraded and the natural grade as to the part hereby sought to be vacated
.Vii: :NAN is abrupt and unsatisfactory; that at the point where said street intersects
,' ` Floral Street the elevation is thirty (30) feet greater than at the point
where such street intersects Oakland Avenue, and that through the proposed
change hereinafter set forth said Heather Place will be practically of an even
grade, and that through such proposed change said street will be of greater val-
ue for public uses. Your petitioners respectfully ask that said Heather Place
be vacated as to the portion of said street described as follows, to-wit:-
i All that part of Heather Place lyingwesterly of the following described
line:-
Commencing at the Northeasterly corner of Lot Fourteen (14), of James W.
Heather's Subdivision of Block 7, Terrace Park Addition to St.Paul; thence North-
westerly on a line which is the prolongation of the Easterly line of said Lot
Fourteen (14), to the intersection of the Rest line of Lot Four (4) of said
subdiviei ca, 2.r oduced south; thence North on the said line se produced, to the
Southwest corner of said Lot Four (4);
And your petitioner William L. Goodkind, who is the owner of Lot Four
(4) in said James W. Heather's Subdivision, hereby agrees that in case this
petition shall be granted he will dedicate to the public for the purposes of a
street the West thirty (30) feet of said Lot Four (4), which is to become a
part of said Heather Place so as to permit a proper outlet to Grand Avenue.
Your petitioners agree to the vacation hereby prayed, upon such terms and condi-
tions as shall be prescribed by your honorable body. A plat showing the whole
of said Heather Place, and the portion sought tc be vacated and discontinued,
and adjacent lands and streets, is hereto attached and hereby made a pert here-
of, and on said plat there is indicated the portion of said Heather Place sought
1.
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to be vacated, and the land offered to be dedicated for the purposes of a street
as aforesaid.
WHEREFORE, Your petitioners pray that this petition be received, heard and
considered in the manner provided by the Charter of the City of St.Paul, and that
the portion of Heather Place sought to be vacated and discontinued as above spe-
cifically str:ted be vacated and discontinued upon such terms and conditions and
for such compensation as shall be directed by your honorable body, and for such
other action as shall be necessary and proper in the premiscs.
Dated at St.Paul, Minnesota, this !. day of ; 1909.
Name of o;;ner: Number of lot:
(All lots below described are situated in James
W. Heather's Subdivision of Block 7, Terrace
Park Addition to St.Paul.)
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STA'T'E OF MINNESOTA, :
: as.
COUNTY OF RPJ SEY. :
William L. Goodkind, being duly sworn, deposes and says that he is one of
the petitioners who signed the foregoing petition, and that all matters and things
set forth in said pet:Lion are true.
Subscribed and 0,0/11 Wore & G 7��
me this_ day of r.,, A. D. 1909.
l&A-L6,4--y/,___
NOTARY PUBLIC, RAMSEY COUNTY, MINNESOTA.
My Commission Expirhs / t
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