1909 (34) I OA
A it
WHEREAS, said Committee did, pursuant to said last mentioned
adjournme, t duly meet at the ti - and place above named for the hear-
ing, investigation and consideration thereof, 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 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 herein-
after stated, did duly rerort its conclusions to said Board of Alder-
men, recommending the adoption of an appropriate 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 Bruno street beginning at a point 145 feet east
of the southwesterly corner of Bruno street and Lafayette avenue,
thence extending across the right of way and property of the Minne-
apolis, St . Paul and Sault Ste . Marie Railway Company; also that por-
tion of Partridge street beginning at a point two hundred three and
seventy-three one hundredths (203 .73) feet east of the northwesterly
corner og Lafayette avenue and Partridge street, thence extending
across the right of way and property of said Railway Company; also
that portion of Woodward street beginning at the center line of Madi-
son street, thence extending across the right of way and property of
said Railway Company; also that portion of Grove street beginning at A
the center line of Madison street, thence extending easterly across
the right of way and property of said Railway Company; also that part
of East Ninth street beginning at the easterly line of Willius street,
thence extending to the easterly line of Neill street ; also that por-
tion of Eighth street beginning at the easterly line of Willius street,
thence extending easterly to the westerly line of Kittson street ; also
that portion of Neill street beginning at the northern line of Seventh
street, thence extending northerly to the northern line of Grove street;
also thit portion of Monroe street beginning at the northerly line of
Grove street, thence eending to the northerly line of Woodward street;
also that part of Madison street beginning at the northerly line of
Grove street, thence extending to the southerly line of Woodward street;
also the alley extending from Willius street to Neill street in Block
19, and the alley extending from Willius street to Kittson street through.
Blocks 22 and 23 of Kittsonts Addition to St . Paul; also the westerly
six feet of Kitteon street, extending from the north side of East
Seventh street to the south side of Grove street, all in the City of
St . Paul, Minnesota, and more particularly described and shown upon
the plat annexed to said petition, be and the same are hereby, each
and all, vacated and discontinued as public streets and alleys, sub-
ject, however, to the following terms, conditions and reservations
hereinafter set forth, that is to say :
1 . Such vacation is upon the express condition that all real
property now or hereafter owned by said Railway Company, its success-
ors and assigns, within the limits of said City of St . Paul shall for
all time in the future be liable to the payment and subject to the
lien of assessments made for any and all local improvements made in
said City, to the same extent and with like effect as if such property
were owned by private individuals, and this shall include all local
improvements whether heretofore or hereafter made, the assessment for
and the cost of which have not already been paid, and said Railway
Company, by the acceptance of this resolution, shall be deemed to and
does waive any exemption which might otherwise exist or to which it
would be entitled on account of any such assessments .
2. Such vacation is upon the further express condition that
said Railway Company shall, during the progress of the work now being
prosecuted by it in the vicinity of the streets and alleys hereby va-
cated, protect from all injury the sewer on Neill street from Seventh
street to Grove street, and on Grove street from Neill street to
Madison street , and at its own expense make such changes in the man-
holes and catch-basins of said sewers as may be necessary and to the
,
-5- 1
satisfaction and approval of the Commissioner of Public Works of said
City, alfd said City reserves and shall have the right to access to
said sewers for the purpose of cleaning and repairing and reconstruction
or renewal of the same so long as the City shall desire to maintain
said sewers or any portion thereof, and the City reserves the right to
maintain, use, repair and renew any and all water pipes that may exist
in any of said vacated streets or alleys, and said Railway Company
shall not interfere with or damage any of the same, and in case it
shall be necessary to change any of said pipes on account of the work
being prosecuted by said Railway Company, the same shall be done at
its expense under and supervision and to the satisfaction of said
Commissioner of Public Works.
It is also an express condition of said vacation that by the
acceptance of this resolution said Railway Company shall and does here-
by grant an easement to said City for the purpose of constructing,
n '
maintaining and using a sewer commencing on 1 street at a
point about forty feet south of the south line of l4street, extend-
ing thence in a direct line across Block eight (8) of said Kittsonfs
Addition, to the man-hole in the center of Grove street near the east
line of Madison street ; also an easement for a sewer on Grove street
from the present bricl. sewer at Neill and Grove streets to a connection
with the main sewer on Kittson street, which includes an easement in
all that portion of Grove street hereby vacated. Said Railway Company
shall also preserve and turn over and deliver to said City at such
place as may be designated by the Commissioner of Public Works, all
man-hole and catch,-'lapin covers, curbing, cross-walk and gutter stones
and brick, all water hydrants and such other material as may be of
value to the City and as designated by the Commissioner of Public
Wo ksJ i €-�� 7 z-e-r--C
3. Such vacation is upon the further express condition that
said Railway Company, its successors and assigns, shall forever indem-
nify and save harmless said City of St. Paul from any and all damages,
claims, cost or expense that may arise or grow out of such vacation.
1 1
•
._.._
•
.
Ct 44“164 8 , '
29885 L
A
6a( 1t
WHEREAS, There was heretofore presented to the Board of Alder-
men, one of the branches of the Common Council of the City of St. Paul,
a petition of the _ inneapolis, St . Paul and Sault Ste . Marie Railway
Company and others, the owners of all the land and property abutting
upon and adjoining the streets and alleys hereinafter named, praying
for the vacation of that portion of Bruno street beginning at a
point one hundred forty-five (145) feet east of the southwesterly
corner of Bruno street and Lafayette avenue; thence extending across
the right of way and property of the Minneapolis, St . Paul and Sault
. Ste . Marie Railway Company; also that portion of Partridge street
beginning at a point two hundred three and seventy-three-hundredths
(203.73) feet east of the northwesterly corner of Lafayette avenue
and Partridge street; thence extending easterly across the right of
way and property of said Railway Company; also that portion of Wood-
.
ward, street beginning at the center line of Madison street,\thence
extending across the right of way and property of said Railway Com-
pany; also that portion of Grove street beginning at the center line
of Madison street, thence extending easterly across the right of way
and property of said Railway Company; also that part of East Ninth
street beginning at the easterly line of Willius street, thence ex-
tending to the easterly line of Neill street; also that portion of
Eighth street beginning at the easterly line of Willius street, thence
extending easterly to the westerly line of Kittson street; also that
portion of Neill street beginning at the northern line of Seventh
street, thence extending northerly to the northern line of Grove
street; also that portion of Monroe street beginning at the northerly
line of Grove street, thence extending to the northerly line of Wood-
ward street ; also that part of Madison street beginning at the north-
erly line of Grove street , thence extending to the southerly line of
Woodward street ; also the alley extending from V!illius street to Neill
street in Bloch 19, and the alley extending from Willius street to
Kittson street through Blocks 2 and 23 of Kittson' s Addition to St .
•t
•
•
•
•
•
•
•
•
•
_
-- Ilr .-.,
-6-r4 1
That in addition to the foregoing, said petitioners shall,
before this resolution takes effect, pay into the treasury of said City
the expenses of this proceeding, which is hereby fixed in addition to
the foregoing conditions as the compensation to be paid to said City in
consideration of said vacation.
5 . That before this resolution shall take effect and within
thirty days from its passage, the said Railway Company shall duly
execute and file with the Compt •oller of said City an acceptance of
the terms and conditions of this resolution, in which it shall affirm-
a.t ively agree to abide by and perform all of the terms and conditions
thereof; such acceptance and agreement to be in form to be approved
by the Corporation Attorney.
i i
Adopted by the Boxy of Aldermen, Adopted by the Asse •ly,2 190 - ',. �� _190
f
YEAS 4 NAYS,
YEAS NAYS,
OLD. BUSCHMANN /MR. CAMERON
jCORNING ✓ CONROY
"GERBER I .DAILY
HYLAND w' HAAS
ALONEY v KARTAK
1✓ MONTGOMERY �' FELLER
NYBERG V POWERS
IV �'GTIS WHITCOMB
RIES NAYS 0 /MR. PRESIDEI A.� . 77[[TRf}�OERG,
(ROHLAND tentiOlott of
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NAYS 0 OTTO
W. ROULAND,
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Amoco_ VICE PRESlDEN1 Of THE BQARD tlF ALDERMEN.
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dew Aimo, 1154141--
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1/.'ta.4pt4e- yAijk
To The Honorable Corn-Tnon Couri11 of St .Pau].. C� " ` (i),`
The undersigned respectfully request the vacation by your
honorable body of that portion of the follonYin g named streets and
alleys, to-wit. That portion of. Bruno St . beginning at a point one
hundred and forty—five ( 145 ) feet east of the ,southwesterly corner
of Bruno St . and Lafayette Avenue, thence extending across the right
Of way and property of the Minneapolis , St .Paul & Saulte Ste Marie
Railway Company.
Also that portion of Patridge St . beginning at a point two
hurdred aed three and seventy three one hundredths ( 203 .73 ) ft . east
of the northwesterly corner of Lafayette Ave. and Patridge St . thence
extending easterly across the right of way and property of the
Minneapolis , St .Paul & Sault() Ste Harie Railway Company.
Also that portion of Woodward St . beginning at the center
line of Madison St . thence extending across the right el- way and
property of Minneapolis , St .Paul & Saulte Ste Marie Railway Company.
Also that portion of Grove Street beginning at the center line
of Madison Bt . thence extending easterly across the Fight of way and
property of the Minneapolis , St .Paul & Saulte Ste Marie Railway
Co. to Kittson St.
Also that part of east Ninth St . beginning at the easterly
line of Willliis St . thence extending to the easterly line of Neill St .
Also that portion of Eighth St . beginning at the easterly
line of Willing St . thence extending easterly to the westerly line
of Kittson St .
Also that portion o • Neill St . beginning at the northern
line of Seventh St . thence extending northerly to the northern line
of Grove St .
Also that portion of Monroe St .beginning at the northerly
line of Grove St . thence extending to the northerly line of Woodnard St.
Also that part of Madison St . beginning at the northerly line
of Grove St • thence extending to the southerly line e ' Woodward St .
Also the alley extending from Willis: St . to Neill St . in
block nineteen and the alley extending from Wil l iris St . to Kittson
St . through blocks twenty—two and twenty—three.
-.40° 4161 1.11111011111,
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MOW
Said blocks twenty two, twenty three and nineteen being
in Iiittetn's addition. to thecity of St. Paul according to the recorded
plat thereof on file in the Register of Deeds office of Ramsey County
Minnesota
Also the westerly six feet of Kittson St. extending fro ri the
north side of East Seventh St. to the south side of said Grove St.
Your petioners further state thstthe Yinneapolis ,St. Paul
a
?w 7ault Ste. _;ari.e is a railroad. corior: Lion orgInized under the
laws of the State of ?::innesota and owns all the property lying
on either side of the streets and alleys sought tobe vacated herein
and desires to use all of the property lying; on either side of said
streets and alleys sought tobe vacated herein to gether with the prop-
erty embrapeed within the same forterminalss railroad yards and stations
That it is necessary to vacate said streets and alleys for that 1.urI)ose
that the plat hereto attached shows correctly the portion of the
streets and -lle,•ys sought to re vacated.
Dated this 2nd day of March 1909
at:
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8, /47, 1.0, 2_z a-t - Z3 (LeL,c-w A I/ kuo
State of Minnesota)
( ss.
County of Hen
":41 ip= )
. i/ being first duly sworn says, " that he
isal l 4' � / of the ' inieapolis , St. Paul& Sault
Ste Marie r'ailway Co. , that he has read the forego : ng petition for the
vacation of certain streets and alleys,and ,<nows t7 e contents thereof
and that the sane is true,and that the vacation of sid streets and
alleys therein named is necessary for the reasons and purposes
setforth An said petition".
(. r
Subscribe/7 d and sworn to before ._.: 1- C {
t:iis/�—day, of March 19,9
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Successive Insertions—St. Paul ;Daily News.
Affidavit of Publication.
STATE OF MINNESOTA, C as % being duly
County of Ramsey
sworn, deposes and says: that he now is, and during all the time herein
mentioned has been in the employ f.f 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:
I NOTICE OF HEARING FOR VACATION. 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
vac.uou of Streets slid Alleys. 1 City of St. Paul, in the County of Ramsey, in the State of Minnesota, on
Notice is hereby given that the peti-I each and e ery day of thew k, exce t Sunday; that t e annexed rinted
Lion of the Minneapolis. St. Paul &1 r
Sault Ste. Marie Railway Co. to va-i f�/1//7, /�
rate Bruno street, from 145 feet east i notic: of-• ---G /���'"�`�4--- -- 1�x' +--+�-.
of the and Lafayette corner cr. ss Bruno i
street aiid Lafayette avenue across the � (
right of way of the Minneapolis, St. - , _ / / /
Paul & Sault Ste. Marie Railway Co.; -
Partridge street, from 203.73 feet east
of the northwesterly corner of Lafay-
ette avenue, and Partridge street,thence
easterly across the right of way and
property of the Minneapolis. St. Paul
& Sault Ste. Marie Railway Co.; Wood-
ward street, from the center line of hereto attached and made art hereof was cut and taken from the columns
Madison, thence across the right of f o said news a er and was rinted sand nblished in said news a er for
way of the Minneapolis, St. Paul & p + p p 8 p
Sault Ste. Marie Railway Co.; Grove
street. from the center line of Madison ce gnus days—w that the said
street easterly across the right of way
of the Minneapolis, St. Paul & Sault notice was rst printed blished said newspaper on
Ste. Marie Railway Co. to Kittson [J
street; East Ninth street, from the the •tl day of A. D , 19.0- ; and was
easterly line of Willies street, thence
to the easterly line of Neill street: thereafter pr' ed and p Wished in said newspaper on each and every
line of
of llins street
street; erly street, feat. line succeeding Al �- until and including t the
Eighth street, from the easier
Willies street easterly to the 'w g.-__- �_ 5 g-.--- 3,,
rom the
northerly line of Seventh street north- da of. A. D., 19-P---the said newspaper was,
erly to the northern line of Grove
street; Monroe street, (corn the north- during all the time in his affidavit mentioned, nd still is, a collection of
i erly line of Grove street to the north- reading matter in columns and sheet form, the matter consisting of general
I erly line of Woodward street: Mad- i and local news, comments and miscellaneous literary items, printed and
ison street, from the northerly line of
Grove street extending to the souther- p ublished in the English language daily except Sunday, at an established
ly line of Woodward street: also all ; office, and known place of business in said city, to-wit: No. 92 East Fourth
the alley extending from Willius street■ Street, equipped with the necessary materials, newspaper presses and
to Neill street, in block 19, and the al- ; skilled workmen for preparing, printing and publishing the same, and the
ley extending from Willius street to whole thereof, in said city; that the said newspaper, as during all the said
Kittson street through blocks and i time, and still is dated in St. Paul, and generally circulated in said city said blocks 22, 23 and 1 9 being in e g y y
Kittson's Addition to the City of St.-i and county, that said newspaper, for more than one year next preceding the
Paul, has been filed in the office of the date of the first publication of said notice, and during all the time of said
City Clerk of the City of St. Paul.anti' publishing, was printed in whole, and published and circulated in said
said petition will be heard and consid-" county;that during all the said time said newspaper has consisted, and still
'red by the Committee on Streets of y+ �' '
the Board of Aldermen at their meet-t consists, of more than the equivalent in space of four pages, of more than
,ng to be held in the Council Chamber t five columns to each page, each column being not less than seventeen and
in the Court House and City Hall I three-fourths inches long;that during all said time said printer and publish-
Building on Thursday, April 29. 1909, er of the said "ST. PAUL DAILY NEWS" has printed, published and
at 4 o'clock in the afternoon of said; delivered, at each regular issue, more than two hundred and forty complete
I day.
Dated at St. Paul, Minnesota, March � copies of said newspaper to paying subscribers;that said newspaper during
19, 1.349. • said time,has never been, and is not now a duplicate nor made up wholly
GEORGE. T. RE'DINGTON, of patents, or plates and patents and advertisements, or either or any of
I City Clerk of the City of St. Paul, Min-.' them.
ne( arch 22-29-April i-12-09-4t) 1 . That heretofore and prior to March 31st, 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 all the facts set forth in this affidavit, and
that each and all thereto are true. / I / I / /
Subscribed and Sworn to before me this ,,�P
Ili
' �' /' /
Fee, $ Received 'ayment.
_day of A. D. �9-/l).- THE DAILY NEWS PUBLISHING CO.
e Date in_____ Per
ota y Public, We,' ey County, Innesota
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Successive Insertions—St. Paul,[Daily News.
Affidavit of Publication.
STATE OF MINNESOTA, / 1
Ramsey SS ( / • / ` `-0' being duly
County of R ep �/l
y y and during all the time herein
sworn, deposes an says: that he now is, a g
OFFICIAL PUBLICATION mentioned has been in the em' oy of the printer and publisher of the news-
Of Resolution Adopted by the Common I paper known as "THE ST. PAUL DAILY NEWS,'• and during all said
Council of the City of st. Paul. 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
Bd F No. 29885—BY Aid. Maionre re- the said time and still is, a daily newspaper printed and published in the
Whereas, there was heretofore one City of St. Paul, in the County of Ramsey, in the State of Minnesota, on
sent.�^ *° itn�rc7 of_Aldermen,
oft 3 each and ev- d/y of the week excep Sunday; that the ann�xed printed
of f
of 1 a�� 'sang, ails a�i 3 Z / �__ i_-�
'nag it—duos Ciputtuq ney notice of----- i ----- yo
--- -- - ----•---�
Ste. ii
otha
pro; �.�,� ae, ezls uon.uS aS. �,^ n 9 /� -- --- - -
the *.•‘'.44,%44,00',* St RCl YV3 ff Ley ' / l `
nan v a *° a61... Irlaeda
tha s•.,��, +fit. atY....•'itiloads 'az //� ... � ..... . L.. .. . ._�
at ` W"bR aD[ lnlaads .. .. .
fee ' 'S,LD?ISV6 ,)
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of the a:
wa i'L
5,. aet,-1s11.1 loll HIM-1101i I hereto attached and made part hereof, was cut and taken from the columns
.Y.+naq JO aPnlil—cnt
co of said newspaper, and was printed and published in said newspaper for
00'F.$ 4.1enb-9
rid Os.^.>g 1.enb-i OO•Yi, I consee e:-dayst- thatt,th said `
or, OO'Pdl: 2.tenb-8 �R'Lit
•saazaasg wuaxa aaI niu;tuno11 a+igAt published in said newspaper on........: .. . .. •-- - ••
no notice was first printed :id p
av
ex 1uaw.. vd 'q gun the it day of .. . A. D , 19-1J ;
.3
It succeeding unti n including. — the
tr
-L; day of. A. D., 19 that said newspaper was,
a• during all the time in this affidavit mentioned,and still is, a collection of
reading matter in columns and sheet form, the matter consisting of general
r,':;;::; V \ ' and local news, comments and miscellaneous literary items, printed and
^qt:-."•: '' 1 published in the English language daily except Sunday, at an established
�� 1 office, and known place of business in said city, to-wit: No. 92 East Fourth
-,lk �`t.•-••I Street, equipped with the necessary materials, newspaper presses and
r, �`, ,�� skilled workmen for preparing, printing and publishing the same, and the
l �� �M�\���UUii" • whole thereof, in said city; that the said newspaper, as during all the said
g
tad time, and still is dated in St. Paul, and generally circulated in said city
�1 !lrEil0 and county, that said newspaper, for more than one year next preceding the
�� poi pUe n 3L8 `086 ;e date of the first publication of said notice, and during all the time of said
soix0 seueT s,ua.ip�iy0 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 31st, 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 all the facts set forth in this affidavit and
that each and all thereto are true. I ' /
■
Subscribed and Sworn to before me this V ''
/ c
Fee, $ Received • • ment.
4day of. ' [ --A. D. 19/0. THE DAILY NEWS PUBLISHING CO.
< ��G .. Date i9 Per
tars Publ c, 'a „ :y County, Minnesota.
MY Etotrirnitis,uion «s4<i_lre..Deg.e,191 E
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THE ST. PAUL DAILY NEWS -
St. Paul, Minn. I 19,10.
a ' /, I .
co The Daily News Publishing Co. Dr.
92-94 East Fourth Street
i�%��, To ADV. � LINES INCHES TIMES•
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to St, Paul; also the westerly six feet; s
of Kittson street, extending from the --m•,, Of I,,ul;
'b1ec,k
said to St and 23 aP
north side of East Seventh street to� City Clerk, and said notice was duly hi also
the sou h.side of Grove street, all in I given and I nor ttsoh e Xi
We
the City of St. Paul, Minnesota, and published as required by. t str the w
particularity described and shown! law; and," /the soutde of,E s exten,
mora Whereas, said Committee on Streets the Cnt h side o t Seve
upore the plat annexed to said petition,• dide_dls y .-meet at-th-e-time and /rnoro 3' °f St Grove
be and the same are hereby, each and 'above named for the hearing and con; uPo Aarticul ' Paul
all, vacated and discontinued as public j sideration of said matter, / n the Ales arly des ' -streets and alleys, subject, however, to] adjourn the hearing thereof to tthe next' aaaathe salnenexedrtoe the following terms, conditions and' regular meeting of said Committee at treet tad and are herel
reservations hereinafter set forth, that; the same place on May 13, 1909, at four the send alleydisepntleu
is to say: o'clock fo
1. Such vacation is upon the express mittee did duly and, efoastheaihea hearing
/resertvay,ping aeie sbjecti
condition that all real property now or, and consideration of said matter ati n say. einafter set
pan
hereafter ts successors and assigns, with- suaatiato said adjournment, land Pdid co/41'Q°a that allon is u t
in the limits of said City of St. Paul, then and there again duly adjourn the xanv tter owneall re Aon t
shall for all time in the future ee' its d b al proper
liable to the
payment and subject to j meeting of said Committee at the regular
ame shali)he lin'iit,cof s and all
the lien of assessments made for any place on May 27, 1909, at four o'clock 'fable to°r all tl said Oltrsol8
and all local improvements made in; P. 'm., and, whereas, said Committee
the lien otlr 1 P
said city, to the same extent and with; did duly meet pursuant to said last and f ages Inept anre f.
like effect as if such property were adjournment at the time and anI s s ei
owned by private individuals, and this! above mentioned therefor, and did e the fire t
place e�id cit ' IYoa] lnrp°ht ads
shall include all local improvements i again duly adjourn the hearing of said °isped beet as ifsaure egterrt r.
e fp' v° nt
whether heretofore or hereafter made, matter until Thursday, the 3d day or '6'11a1 1 Priv such a;
the assessment for and the cost of l T une, 1909, at four o'clock p. m., at the tivh 1 lrrorud at° in AI'Oher
which have not already been paid, and ame place; and, 1 th°•e h e len_de all loch!ld ls, a
said Railway.Company, by the accept-• Whereas, gaol Committee did, °
ance of this resolution, shall be deem-
;scant to said last mentioned adjourn- grasp' fUr'�r herea r°v,
ed.to and does waive any 'exemption meat, duly ;hi`°°been pa
which might otherwise exist or to y meet at the time and Place tee:, =,avay Company,already. Ueen psi
above named for`the hearing, investi- I said Railway Company, by the a
which it would be entitled on account
"anon and consideration thereof, and apes of this resolution, shall be
of any such assessments, did then and there
2. Such vacation is upon the further duly investigate aria ed to and does waive any exer
consider the matter of said proposed which might otherwise exist
express,condition that said Railway: vacation, and did then and there hear
Company shall, durin the all testimony and evidenee,adduces,0 Which it would es 'entitled on a
the work now being g' progress of I of any such assessment ,
Y g prosecuted by It er pars or the petitioners and all r of
in the vicinity of the streets and al eys er Persons interested' iii'the matter oP 2. Such vacation is uP°n the f
hereby vacated, protect from all injury,, said proposed vacation, and P express, condition that said R.
the sewer on Neill street, from Sev did take' Company shall, during the progr
Proof of the matters averred in said
enth street to Grove street, and on petition, and being of the opinion that the work now being prosecuted
Grove street, from Neill street to Mad- prayer of said in the vicinity oP the streets and
icon street. and. petition should be hereby vacated, protect from-all,.
aY x granted to the extent and upon the the sewer on Neill street, iron
make such changes in'f�i'Ie11Ti9 nY�o� a terms hereinatter stated, did
and catchbasins of said sewers as may port its conclusions to said Board roP Grovesstreet,to
from Neills street to
be necessary and to the satisfaction Aldermen, recommending the adoption ison street, and at its own e:
and approval of the Commissioner of of an appropriate resolution declarin
Public Works of said city, and said said vacation; now, g make such ` changes in the ma
city reserves and shall have the right I hereby therefore, ft is and necessary assns of said sewers a
to access to said sewers for the pur Resolved, by the Common he necessary and to the satisf
pose of cleaning and repairing and re- the City* oP St, Paul, that allC h ncil oP and approval of the Commission
construction or renewal of the same so rtlon of Bruno ill Public Works of said city, he
long as the city shall desire to main- r 145 feet east of southwesterly eta point city reserves and shall have the
tain said sewers or any portion there- i ner of Bruno street and Lafayette axe_ to access to said sewers for th
of, and the city reserves the right to Hue, thence extendi1na...acrnm «�-__• pose of cleaning and repairing a
maintain, use, repair and renew any -of-way-and-property of the ialinnea o' construction or renewal es the sa
and all water pipes that may exist in ,lis, St. Paul & Sault Ste. Marie Railway long as the city shall desire to
any of said vacated streets or alleys, Company; also that portion of Part- twin said sewers or any portion
and said Railway Company shall not ridge street beginning at a point two of, and the city reserves the re
'of he, hundred three and seventy-three one- maintain, use, repair and rape
same, and in case it shall be necessary;
hundredths (_03,73) feet east of the'
interfere with or damage any and all water pipes that may e:
to change any of said pipes on account
northwesterly corner of Lafayette ave any of said vacated streets or
ex-
of` nue and Partridge street, thence ex
the work being prosecuted by said and said Railway Company sha
Railway Company, the same shall be tending across the right of way and interfere with or damage any ■
done at its expense under and',super-
to of said Railway Company; same, and in case it shall be nec
vision and to the satisfaction of said
also that portion of Woodward street to change any of said pipes on a
Commissioner of Public Works. beginning at he center line of Madison of the.work being prosecuted h�
It is also an express condition of said street, thence extending across the lone at Company, the same sh;
vacation that by the acceptance of this right of way and property of said done at its expense under and
resolution said Railway Company shall
Railway Company; also that portion vision and to the satisfaction o
and.does hereby grant an easement to of Grove street beginning at the can- Commissioner of Public Works.
said city for the purpose of construct- ter line of Madison street, thence ex- It is also an express condition t
ing, maintaining and using a sewer I tending easterly across the right of vacation that by the acceptance ;
commencing on Neill street, at a point way and property of said Railway 'resolution said Railway Company
about forty feet south of the south Company; also that part of East Ninth and does hereby grant an easem
line of Ninth street, extending thence serest beginning at the easterly line said city for the purpose of con:
in a direct line across block eight (S) of Willius street, thence extending to ing, maintaining and using a
of said Kittson's Addition,•to the man- the easterly line of Neill street; also commencing on N , a
hole in the center of Grove street, near man-
,that portion of Eighth street begin- about forty feet south eill street of the t a
the east line of Madison street; also line of �Villtus line of Ninth street, extending
ping at the easterly
an easement for a sewer on Grove, street, thence extending easterly to the in a direct line across block eig
street from the present brick sewer at westerly line of Kictson street; also of the c e A ,. that portion of Neill street beginning
Neill and Grove streets to a connection hole said in the cenon ter of ddition Grove to street the
with the main sewer on Kittson street, at the northern line of Seventh street, the east line of Madison street
Which includes an easement in all that thence extending northerly to the an easement for a sewer on
portion,of Grove street hereby vacated. northern line of. Grove street; also that street from the present brick see
Said Railway Company shall also pre- Portion of Monroe street beginning at with the Grove streets to a corm
serve and turnover and deliver to said the northerly line of Grove street, with-the main sewer on enttson
city at such place as may be desig
thence extending to the northerly line which includes an easement in a:
nested by the Commissioner of Public of Woodward street; also that. part of portion of Grove street hereby vs
Works, all manhole and catchbasin Madison street beginning at the north Said Railway Company shall ales
covers, curbing, crosswalk and gutter erly line of Grove street,`thence ex- serve and turn over and deliver t
'stones and brick, all water hydrants tending to the southerly line of Wood- city at such place as may be
and such other material as may be of ward street; also the alley extending Hated by the Commissioner of
value to the city, and as designated by from Wr.]ru,; street to Neill street in Works, all manhole and catcl
!the Commissioner of Public Works,, block 19, and the alley extendin. from! covers, curbing,-crosswalk and
'which are now in the streets and alleys S' illius street to Kittson street throe- stones and brick, all water by,
hereby vacated. and such other material asnay.
3. Such vacation is upon the further value to the city, and as designat
express condition that said Railway the Commissioner of Public ti
Company, its successors and assigns, which are now in the streets and
shall forever indemnify and save harm- hereby vacated.
less said City of St. Paul from any and 3. Such vacation Is upon the ft
P
all damages, ,claims, cost or expense express condition that said Res
that may arise or grow out of such Company, its successors and as
vacation. shall forever indemnify and save
4. That in addition to the foregoing, less said City of St, Paul from an
said petitioners shall, before this reso- all damages, claims, cost or es
lution takes effect, pay into the tress- that may arise or grow-out of
ury of said city. the'etpenses of this vacation:
proceeding, which is hereby fixed in 4. That in addition to the fore;
addition to the foregoing conditions as said petitioners shall, before this
the compensation to be paid to said lution takes effect, pay into the
city in consideration of said vacation. ury of said city the expenses o:
43A. Such vacation is upon further proceeding, which is hereby fix
condition that if Eighth street is paved addition to the foregoing paiditio
with any kind of pavement within the the compensation to be paid to
next two years in front of St. Sieg-; city in consideration of said vaear
field's church, said Railway Company 4 Such vacation is upon Pt
shall pay the assessment therefor condition that if Eighth street is
against said church property if said with any kind of pafront o with!
,
church owns the same at the time such! next two years in front of St.
assessment is made. frill's church, said Railway Con
5. That before this resolution shall shall pay the assessment the
take effect. and within thirty days against 'said church property if
Railway
owns the same at the time
from its passage, the said
Company shall duly execute and file assessment is made.
with the Comptroller of said city an! S. That before this resolution
acceptance of the terms and conditions take effect and within thirty
of this resolution, in which it shall from its passage, the said Rai
affirmatively agree to abide by and Company steal duly execute and
perform all of the terms and conditions with the Comptroller
of said nit
thereof; such acceptance and agree acceptance of the terms and condi
ment to be in form to be approved by of this resolution, in which it
the Corporation Attorney, affirmatively agree to abide by
Adopted by the Board of Aldermen l 'perform'all of the terms and condi
Tune 3, 1909, thereof; such acceptance and a;
Yeas, Aid, Buschmann, Coming,
ment to be an form to be approve
Gerber, Hyland, Maloney, Montgomery, the Corporation Attorney,
Otis, Ries, Troy Mr, Vice President; Adopted by. the Board of Aide
(Rohland)-10. June 3, 1909.
Nays—Aid. Nyberg—l. Yeas—Aid, Buschmann, Co,
OTTO W. ROHLA ND, Gerber, Hyland, Maloney, Montgor
Vice President of the Board of,Alder- Otis, Ries, Troy, Mr. Vice Pies
men, (Rohland)-10.
--Adopted by the, Assembly .Tune z va., — A,,
i ' 'OFFICIAL PIIBLIC 4TION'
I
,Of Resolution Adopted by the. Common
Council of the City of St. Paul.
Doi F No, 29886—By Aid. Maloney—
, Whereas, there was heretofore pre-
sented to the Board of Aldermen. onei
of the branches of the Common Coun-
cil of the City of St. Paul, a petition.
of the Minneapolis, St. Paul & Sault.
Ste: • Marie Railway Company and;;
others, the owners of all the land and
,property abutting upon and adjoining
the streets and alleys hereinafter.]
named, praying for the vacation of
that portion of Bruno street beginning;]
at a point one hundred forty-five (145) Kittson 1
feet east of the southwesterly corner' six feet of Kittson street! e t eniting from the
of Bruno street and Lafayette avenue;'i
thence .extending across the right of, 1 side l
way and property of the Minneapolis,,�'j't',j�, street t o t he south side of Grove street,
• St. Paul & Sault Ste. Marie Railway"
Company; also that portion of Part-,
ridge street beginning at a point two y
C: hundred three and seventy-three-hun-; au.L, M1nnoeo tag an� more particularly describ-
dredth, ;(203.73) feet east of the
northwesterly corner - of Lafayette
avenue and Partridge street; then:;e let annexed to said petition, which said pet 2"
Q extending easterly across the right of
!:.way and property of said Rai,w,iy'
_Company; also that acrtion ` v '
{,Sa t.l street beginning • Lae center •s required by la and sets forth the facts and
fine of;Madison street, thence extend 1
log across-the right of way and prop-
erty of said Railway Company; also
that portion of Grove street beginning n. and
at the center line of Madison street,
thence extending easterly across the
right of way and property of said
Railway Company; also that part of d Board of Aldermen deemed it expel ient that
East Ninth street beginning at the
easterly line of Willius,street, thence a
a; extending to the easterly line of Neill -1.e 3 to should be proceeded with and ordered
street; also that portion of Eighth
street beginning at the easterly line
,,, of Willius street, thence extending
'-' easterly to the westerly line of Kittson anyiny
g plat tp be filed of record in the
street; also at portion of Neill street
ibeginning at the northern line of Sev- d
Q enth street, thence extending norther�,y ,...,4'. said City and ordered said City Clerk to
to the northern line of Grove street;
also that portion of Monroe street be-
�1'sreet, at the extending line of Grove on in the official paper of said City in the
:street, thence extending to the north-Ir
,erly line of Woodward-°street; ''also
that part of Madison street beginning
at the northerly line of Grove street, petition]o
y t Il and the
thence extending to the southerly line required by law, t,h�4
of Woodward street; also the alley ex
tending from Willius street to Neill and f�
e :street in block 19, and the alley ex- rOUld be heard and considered by the Committee
tending from Willius street to Kitt-
son street through blocks 32 and 23 ot:
Kittson's Addition to St. Paul; also th
o e.westerly six feet of Kittson street, ex of Aldermen at its regular meeting to be
tending from the north side of East,•
Seventh` street to the south side of House�"y(:Grove street, all in the City of St.ber in the Court ,[lo'use and City Hall Building
Paul, Minnesota, and more particularly
described and shown upon the plat am-
.. ., y p
Hexed to said petition, which said pe mil' 1909, at four o' clock ock +T•, to which said
brier is duly verified as required by u
law, and sets forth the facts and rea-
sons for such vacation;.and,
Whereas, the said Board of Aldermen e
Cc deemed it expedient that the matter U duly referred for hearing and report thereof,
therein referred to should be proceed
0c1 with and ordered said petition and! duly the office of
,w1J accompanying plat to be filed of record].on and plat were duly filed in ti
in the office of the City Clerk of said
city, and ordered said City Clerk to
(+n give notice by publication in the of-1
''' .ficial paper of said city iii the manner; notice was duly gi en and published as r e-
and'for the time required by law, that''
said petition and the subject matter
';IU thereof would be heard and considered
by the Committee on Streets of said
Board of Aldermen at Its regular meet
lug to be held at the Council Cham-
ber in the Court House and City llall'i . t•tec on Streets did duly meet at 1
Building. in said city, on April 29, 1909.
at four o'clock p. in., to which- said
an:Committee said matter was duly. to-, the hearing and consideration of said matter,
ferred for h•.atinv and report thereof,•
and thereupon said petition and plat
Rey- duly filed in the office of said]
all
City Clerk, and said notice was duly hearing thereof to the next regular meeting of
given and published as •required by;
law; and,
Whereas said Committee on Streets at four o'clock
:�a� �e place on May 13th, 1909, a
did• duly meet at the time and place,
above named for the hearing and con
sideration of said matter, and did duly'
• . i. • adjourn the hearing thereof to the next ommittee did duly meet for the hearing and
regular meeting of said Committee at
tthe same place on May 13, 1909, at four' .
o'clock p. m., and, whereas, said Com-
Co mittee did.duly meet for the hearing'ter at said last named time and place pursu-
t?and consideration of said matter at
said last'in1T T"`°+...A,end place pur
arii suant to said adjournment, and did;and did then and there again duly adjourn
then and there again duly adjourn the:
'hearing thereof'an4 ireznlarj
,s,, meeting of said Commies r o'clock'
u Ll�place on May 27, 19os, the next regular meeting of said Committee
P m. and,---•whereas, said Committee
did duly meet pursuant to said lace
atadjournment at the time and p did^ 1-
above mentioned therefor, and ry n P . M•
again duly adjourn the hearing of said ` i+h, 1909, at four o' clock P T� and vrhere�
matter until Thursday, the 3d at tof I ,
ass, ;Sane, 1909,.at four o'clock p• n'' I y meet pursuant to said last adjournment
same place; and,
lVheroas, said Committee did, pur-
at suant to said last menttimz and Place r
ment, duly meet at the inveacOf
above named for the hearing, and le mentioned therefor, and did again duly
gatlon and consideration thereof, Il
adj,I did then and there duly investigate an. a
J�j consider-the matter of said P P .L ,{. t
vacation, and did then and there hear matter until Thursday, the 3rd day of
all testimony and evidence adduced-on
the part of the petitioners and all oth-, r n 1�� at the ramp, plc'3(',e j and
Jung er persons interested in the matter of C
said proposed vacation, and did take
proof of the matters averred in said
the prayer of being
ad petition pshouldhbe
the P' upon the.
• granted to the extent and uP
terms hereinatfer stated, did duly re-
port its conclusions dings said Badoption a
y,» e° tvi t-11 ;a• b6"`"-e.
�ppah..aes -vat t7 1.„,,e. ..,.008. et s t la
pert aod..,.p� ,,a,,3 0t ,„,,. act0 f Saon
pc,aip v o4 oTtiOe ceptnairevtY t V con-
9...oOtt.vog `taste _ d epat°�alav encrt o4.•