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1913 (13) Nal • ,\ t... oit,t, , ,•,,, , r , , . ,,,.\, .s... i **) r 1 li ‘.\\ )1 11 1 ` w Lots Eighteen (18) and Fifteen (15) to the southwesterly corner of said Lot Fifteen (15); thence southeasterly the northerly line of University a distance of Fifty-seven and', fifteen one-hundredths (57.15) feet;1 thence northerly and parallel with said, westerly line of Lots Eighteen (18) and Fifteen (15) to a poin t on the:, southerly line of Charles Street Fifty- seen and fifteen one-hundredths'.. (57.15) feet southeasterly from the; point of beginning; thence to the;. place of beginning. 3. Said petitioner shall at its own, expense grade the new street which is established over the tract of land described in the next preceding con- dition. 4. Said petitioner shall file with the■ City Clerk of the City of,St. Paul, in such form and executed in such man- i ner as shall be approved by the Cor- poration Attorney, an agreement whereby said Illinois Steel Warehouse Company, its successors and assigns, shall indemnify and save harmless the City of St. Paul of and from any and all damages to persons or property; arising out of the vacation of said portion of said Charles Street, and on of the opening and grading of the new street hereinbefore men tioned, and of and from any and all, costs, charges and expenses in connec-' tion with the foregoing, except attor- neys' fees. 5. That the said petitioner the Il- linois Steel Company shall file with the City Clerk an agreement approved by the Corporation Attorney embody- ing the following further conditions: (a) That within thirty days after this ordinance becomes effective, said Illinois Steel Warehouse Company shall commence the construction thereon of the buildings referred to in the said petition; that it shall not place gates across its said property at the westerly end of said vacated strip, but will leave the same open and permit the railway track now up- on the same to remain upon said property and to lie used for general switching purposes up to the west-i erly side of the said building so to be constructed; provided, that should said petitioner in the future build an adi dition to said building on the wester--' ly side of the structure so first to be erected,. said permission herein pro- vided for shall only extend to the tracks:lying to the west of said ad- dition so to be made. (b) Should the City Council at any time authorize the construction of railway tracks for switching purposes upon the new street hereinbefore men tioned, said Illinois Steel Warehouse: Company shall waive any damages as abutting property owner on account of the construction or operation of such switching tracks. ' (c) Said petitioner shall not at any, time in the future accept switching' service from the Minnesota Transfer Railway Company over any tracks coming from the east across Eustis; Street to the portion of Charles Street hereby vacated; nor shall said pe-' titioner accept such switching service from said Minnesota Transfer Railway; Company over any line coming from. L., __ z �_i� -a .rParritorial _Foaa f- less the track of said Transfer Co pany shall be extended along said Territorial Road to Berry Street. (d) Said petitioner shall give its consent to the passage of an ordinance giving the right to the Minnesota Transfer Railway Company to build and operate switching tracks along, Territorial Road, and waive any dam-, ages'as abutting property owner. ' (e) That should the said Illinois Company violate any of they aforesaid conditions subsequent, and such violation shall continue for a' period of sixty days after written no-1 tice thereof from the City of St. Paul,' all the rights hereby granted shall cease, determine, and be ipso facto' revoked. Adopted by the Board of Aldermen Aug. 5, 1913. Adopted by the Assembly Aug. 7 Approved Aug. 13, 1913. (Aug. 16-1913) •, �',�t �- ia 112.9t,,,,-zo die •" �a %I�eec-uc� q. That • . said Illinois Steel liarehouse Company shall commence the construction thereon of the buildings referred to in the said petition; that it shall not place gates across its said property at the westerly end of said vacated strip, but will leave the same open and permit the railway track now upon the same to remain upon said property and to be used for general switching purposes up to the westerly aatat side of the said building so to he constmobioe d;° provided, that should said petitioner in the future build an addition to said building on the westerly side of th e stbucture so first to be erected, said permission herein provided for shall HUAI only extend to the tracks lying to the west of said addition so to be made Should the City Council st any time authorize the con- struction of railway tracks for switching purposes upon the new street her einbefore mentioned, said Illinois Steel Warehouse Company shall waive any damages as abutting property owner on account of the con— struction or operation of such switching tracks. 0:. ) Said petitioner shall not ,,t any time in the future accept switching service from the Minnesota Transfer 'Bailway Company over any tracks coming from the east across Eustis Street to the portion of Charles Street hereby vacated; nor shall said petitioner accept such switching service from said Minnesota Transfer Railway Company overmany line coming from the east along Territorial Road unless the track of said Transfer Company shall be extended along said Territorial Road to Berry Street. 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Bd F No. 39986—By Ald. Montgomery 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 tition of Illinois Steel Warehouse Company, a corporation, the owner of the property on both sides of the por_. Adopted b}' the Assembly: Adopted by the Board of Aldermen: tion of the street hereinafter de-'. ( scribed, A� `� r praying for the vacation of KJ J `� E v I J , ,^ that portion of Charles Street lying — 191— between Blocks 1 and42 of Twin City Addition in the City of St. Paul, ex- tending from the westerly line of Eustis Street to a line on the west NAYS YEAS defined as follows: From a the northerly line of ,.Charles�Street wt. NAAS ALD. BAUMEISTER _57-11_.-feet edg'terly• from the south- CORNING of said Twin corner Cito Addition, to Block 1 KANE oint on the southerly line of said Charles EDWARDS Street 57.15 feet easterly from the NAHLE northwesterly corner of Lot 18 in H\'LAND Block 2 of said Twin City Addition;�- as more particularl b1ICHAUD plat annexed to said shown upon the MONTGOMERY said petition is dul petition• which POWERS y verified a are- quired by law, and sets forth the Pacts SAN BORN MURNANE, E. 1. and reasons for such vacation. / And Whereas, said Board of Alder-.p.. men deemed it expedient that the WARE ;natter therein referred proceeded with, and ordered said pe- OBERG tition and accompanying said pee YOE RG filed of record in the office-plat to' he RYAN City Clerk of said ciL , a of the said City y, and ordered, PREStDy'T (KELLER) y Clerk to give notice by pub_ G STIEGER lication in the official paper of said, • Y. in the manner and for the time( _ TROY required by law, that said I and the subject matter thereof would' Il• 9 petition , __ ` _._— .� be heard and considered by the Corn-. NAPS 0 MR. PRESIDENT I McCOI L) mittee on Streets of said Board of Al _ `,,be dermen at its regular ill yor g meeting held in the Council Chamber ginothe Court House City Building f aiCyon Thursdy.te st da o July, 1913, at 4 o'clock p. m., which said notice was duly published and given; And Whereas, said Committee on Streets of said Board of Aldermen did)e meet at the time -and 'pia-,,,,e awe mentioned and appointed therefor, au dle did then and there duly hear all tesfi-g; ,mony and evidence adduced-on the part of said petitioner- 0,,,, - • • . Affidavit of Publication. STATE OF MINNESOTA, County of Ramsey }ss. H. R. AlogusoN,, being duly sworn, deposes and says: that he now is, and during all the time herein Bd F No. 39986-11y Ald. Montgomery, employ printer and publisher of the � mentions-3 has been in the em to of the Whereas, there was•heretofore pre- newspaper known as the "ST. PAUL REVIEW" and during all said time sented to the Board of Aldermen, one!;; was, and now is, principal clerk of the printer of the said news of the branches of the Common Coun-'1 cil of the City of St. Paul, the pe-'I that the said newspaper: the "ST.PAUL REVIEW, was during all the tition of ; Illinois Steel Warehouse," said time, and still is, a weekly newspaper printed and published in the Company, a corporation, the owner of City of St. Paul, in the County of Ramsey, in the State of Minnesota, on each the property on both sides of the por- Saturday tion of the street hereinafter de 1 y of every week; that the annexed printed notice of scribed, praying for the vacation of; that portion of Charles Street lying', �� between Blocks 1 and 2 of Twin City; OA h /Addition rn the City s rt. Paul eo /'R 1 g J� tending from. the westerly line of (� � ViL {� Eustis Street to a line on the west: defined as follows: From a point on the northerly line of Charles Street/ s 57.15 feet easterly from the south- westerly corner of Lot 15 in Block 1 84 of said Twin City Addition, to a point .9 on the southerly line of said Charles $1W:; i•••_• hereto shed and made Street 57.15 feet easterly from the r& part hereof, was cut and taken from the col- northwesterly corner of Lot 18 in' Block 2 of said Twin City Addition; umns of i spaper, and was printed and published in sale newspaper as more particularly shown upon the for e plat annexed to said petition; which = CoRgecativo_weeks, once in each week—that the said said petition is duly verified as re- notice was st kinted and publi d in said news a r on Saturday, the quired by law, and sets forth the facts c v\ ■and reasons for such vacation. Y And Whereas, said Board of Alder- 88. t�► day of men deemed it expedient \that the +e A. D. 19k:J.; and was thereafter matter therein referred to should be & printed and published in said;newspaper proceeded with, and ordered said pe-', each and every succeeding Saturday until and including Saturday, the tition and accompanying plat to be 'r,, ,. filed of record in the office of the' ' u �r day of •.,t.....A. D., City Clerk of said city, and ordered 19 • that said newspaper was, during all the time in this affidavit said City Clerk to give notice by pub- lication in the official paper of said ; mentioned, and still is, a collection of reading matter in columns and sheet .city, in the manner and for the time w form, the matter consisting 'required by law, that said petition, g of general and local news, comments and mis- and the subject matter thereof would cellaneous literary items, printed and published in the English language, at be heard and considered by the Com-, ):: an established office and known place of business in said city, ;to-wit: No. mittee on Streets of said Board of Al =; 141 East Fifth Street, e dermen at its regular meeting to be •.8 equipped with the necessary materials, ''newspaper held in the Council Chamber in the ,,,, presses and skilled workmen for'preparing, printing and publishing the Court House and City Hall Building in same, and the whole thereof, in said city; that the said newspaper, was said City, on Thursday the 31st day of ,• during all the said time, and still Is dated in St. Paul, and July, 1913, at 4 o'clock p. m., which , generally circu- said notice was duly published and lated in said city and state; that said newspaper, for more than one year given; ,,,, next preceding the date of the first publication of said notice, and during And Whereas, said Committee on all the time of said publishing, was printed in whole, and published and • P g, ^�L "�i#+aS f ru i' e9 a6Blfl a.;a ..+....r..�.o...a., *...:ta.• rr,..r ' ll rhp_�ia r e id— —_ adoption of an appropriate resolution That the Publisher of said newspaper,'onµ ne'10th, 1907, filed w�tht{ie declaring such vacation. County Auditor of said Ramse setting Now Therefore, It Is Hereby Re- Y County an affidavit settin forth the facts solved by the Common Council of the required by Section 5516 of the Revised Laws of 1905 of the State of Minne- City of St. Paul that Charles Street sota. from the westerly line of Eustis street That affiant knows personally to a line on the west defined as fol- P Y all the facts set forth in this affidavit, lows: From a point on the notherly{ and that each and all thereof are t e line of,Charles Street 57.15 feet east- r erly from the southwesterly corner of Lot Fifteen (15) in Block One (1) of said Twin City Addition, to a point on the southerly line of said Charles A)011A/k_, IA., Street 67.15 feet easterly from the northwesterly corner of Lot Eighteen (18) in Block Two -(2) of said Twin said petition,upon and the same is here-. to before me this `� day of v vA/l. 0 V,�0 19.3 City Addition, in the City of St. Paul, ` as shown upon the plat' annexed to. by vacated and discontinued as a pub- lie street,lowing upon, however, to say: fol- � `-`�/2`✓.4�4r� lowing conditions, that is to say: 1. Such vacation is granted upon the express condition that said pe- Notary Public, R titioner shall, before this resolution Ramsey County, Minnesota takes effect, pay into the treasury of said city the sum of One Dollar, in ad- My commision expires Match 1$th 1918: dition to the expenses of this pro- ceeding. 2. Said petitioner shall convey to the City of St, Paul, free of incum- brances, the following described tract of land for the uses and purposes of a public street, to-wit: A strip of land which shall be fifty (50) feet in width off the westerly end of Block Two (2) of said Twin City Addition extending from the southerly line of Charles Street to the northerly line of Univer- ' sity Avenue, and more specifically de- scribed as that part of Lots Fifteen .4! TO THE HONORABLE COMON COUNCIL OF THE CITY Oi' ST. PAUL: Your petitioner, Illinois Steel Warehouse Company, a corporation organized and existing under the laws of the state of Illinois, respectfully says: That it is the owner of all of Blocks 1 and 2 of Twin • City Addition, Pamsey County, Minnesota; That said blocks are now divided by Charles Street, as shown by the map hereto attached ; That said Charles Street was opened and extended through the property of which said Twin City C ' Addition on now forms a part, in or about the year 1909, under and pursuant to an order of the Common Council approved "arch 20, 1909 ; That at the time of said opening, the amount of bene- fits assessed against the property abutting on said newly opened street, was, by the Board of Public Works, found to be equal to the damages to such Property for the taking of the strip of land forming said street, except as follows: As to the property now owned by your petitioner, the damages were found to exceed the benefits in the total sum of "'175; and as to the rest 50 feet of Lot 21 of Auditor' s Subdivision No. 9, the damages were found to exceed the benefits in the sum of '•,25; That when said portion of Charles Street lying west of Eustis Street was graded in or about the year 1912 , the total benefits assessed against all abutting property was .'3419 .40, of which amount the sum of ' 1755.98 was assessed against the property now constituting the said Blocks 1 and 2 of Twin City Addition, and which latter amount was duly paid by your petitioner' s guarantor ; That at the time of the opening and extending of 1 I the northwest corner of said Lot 18, thence running southerly along the west line of said. Lots 18 and. 15 to the southwest- erly corner of said Lot 15 ; thence southeasterly along the northerly line of University Avenue a distance of 57 .15 feet; thence northerly and parallel with said westerly line of Lots 18 and 15 to a point on the southerly line of Charles Street 57 .15 feet southeasterly from the point of beginning; thence to the place of beginning; That hereto attached marked"T'xhibit A"and made a part hereof is a plat of said location and the part of said Charles Street proposed to be vacated and the part of said Block 2 which your petitioner offers to deed to the city to provide an outlet from said westerly end of Charles Street . Your petitioner further offers, if said Charles Street is vacated as prayed for herein, to grade at its own expense said new street to be established upon the westerly end of said. Block 2 as aforesaid, under the supervision and direction of such body or officer as your Honorable Body may designate . WHEREFORE, your petitioner Drays that that portion of Charles Street lying bete een Blocks 1 and 2 of TwinCity Addition (except the westerly 57.15 feet thereof) be vacated. ILLINOIS STEEL WAREHOUSE COMPANY, BY �� - -✓�� s-Vice- c-rest.• -n f: if_flytyjnyikl. * V4-C "/t niEREAS, there r etofore presented to the Board of Aldermen, one of the branches of the Common Council of the a .; City of St. 'Paul, the petition of Illinois Steel Warehouse Company, a corporation, the owner of the property on both sides of the portion of the street hereinafter described, praying for the vacation of that portion of Charles Street lying betteen Blocks 1 and 2 of Twin City Addition in the City of St. Paul, extending from the westerly line of Eustis Street to a line on the west defined as follows: From a point on the northerly line of Charles Street 57.15 feet easterly from the southwesterly corner of Lot 15 in Block 1 of said Twin City Addition, to a point on the southerly line of said Charles Street 57.15 feet easterly from then orthwesterly corner of Lot 18 in Block 2 of said Twin City Addition; as more particularly shown upon the plat annexed to said petition; which said petition is duly verified as required by law, and sets forth the facts and reasons for such vacation. ATID WHEREAS, said Board of Aldermen deemed it expedient that the matter therein referred to should be proceeded with, and ordered said petition and accompanying plat to be filed of record in the office of the City Clerk of said city, and ordered said City Clerk to give notice by publication in the official paper of said city, in the manner and for the time required by law, that said petition and the subject matter thereof would be heard and considered by the ComiAttee on Streets of said Board of Aldermen at its regular meeting to be held in the Council Chamber in the Court House and City Hall Building in said City, on Thursday the 31st day of July, 1913, at 4 o 'clock p.m. , which said notice was duly published and given; AND WHEREAS, said Committee on Streets of said Board of Aldermen did meet at the time and place above mentioned and « « - I • t.S14 ile41.1nrsb 'xIlreniosTe!,:org ban •nmasvA xtlelevlaU ( 1.) asetdzila ban (%) aeotaeveE ase1117 etoLL lo t/zq :awo1101 an bellToseb aoltIbbA xtl0 aiwT o (C) owT ..q9o1H a/ astria toa bise 1511700 teevai//oa o: Is etod b/r1 eall iesw eft :J01.A 31draLLT sorro to %enizoo 14:1/9teewftvoe 9dt 01 al) 05!-411.7. ban :,81) aest;l31,77 N4lIodtIon 9f1,1 anoin xl.letenedtvoe soaelit ; (c11 ) neetIlq toJ !Asa asetlil /a. nevoe...y.I117 'to enantelb eLTIOVA VISTSVinU sni1 IslIc/nq ban x119dt.!..oa eoas.:it ;t9e1 (di.V8)8.6t14-9/baaf-evo 7.9911'17 ban (81) rr ± o.I 1.o still V.I9Inew bine dtir 1991 1%nd0 'to 9a/1 xl/odfuoe set no talog: s of (d1) fLJL 1•9e7r. ( T:1.S"d) c; it.oao as9t1.1'.t Im esslc srrt of esaor t ;441]..ur1sd 1rtfoci sflt =11 ,LITDtez . mNII9S ort ebn.ta serfe ay.-) ett /saoltiteilanE girl tawit ef1 /svo bs thtc el doidw tseTte wen $Z3.17; 9!1± MI 110'fl/ f) l'asLO 9et Teaftrm dove ai betvose Lan m/ol ;.P.,ve al 41.r.el .1C lo oft • ftelT:se/7,0 an 00a/ A aoitztcron 811.1 xe bevolqqn 06 Ilnde as a-f..oeesnoue eti sck!aderlsT leen bine- xdsAw ./C lo oft eve ban -01:tSbal ,entnen Laz 107ecloIci /o ear.4219(.., ot eeanmzb IL n ban -v/J.; nio/1 byn epiTsf-D bise "to aoll'Ioq b/nEs, aoitnory 941 'to tzo wen 9Ht to haz 3a1a9clo 9!..'t tavo9or co bas lln ban VU3 'Jaz 10 ba.2 ,Le:fs.J.1a9Ai t:E'elte 9t #lr cTod.tos-fao ote.-r,- (4;:s La, .e,91 falznct13 coe • . INDENTURE, Made this Ilia) day of (a 4 , 1913, between ILLINOIS STEEL `"AREHOUSE COMPANY, a corporation organ- ized and existing under and by virtue of the laws of the State of Illinois , hereinafter called the party of the first part , and the CITY OF ST. PAUL, a municipal corporation of the State of Minnesota, hereinafter called the party of the second part, witnesseth: WHEREAS, upon the petition of the party of the first part the Common Council of the said City of St. Paul did ,by an ordinance duly adopted by said Common Council, and duly approved on the thirteenth day of August, 1913, vacate and discontinue a certain portion of Charles Street lying between Blocks One and Two of Twin City Addition in said City of St. Paul, in the County of Ramsey, and State of Minnesota, upon certain terms and conditions therein contained, a copy of which said ordinande is hereto attached and hereby referred to for greater certainty. AND, WHEREAS, said ordinance contained, among others, a clause in words and figures as follows , to-wit: "4. Said petitioner shall file with the City Clerk of the City of St. Paul, in such form and executed in such manner as shall be approved by the Corporation Attorney, an agreement whereby said Illinois Steel warehouse Company, its successors and assigns, shall indemnify and save harm- less the City of St. Paul of and from any and all damages to persons or property arising out of the vacation of said portion of said Charles Street, and on account of the opening and grading of the new street hereinbefore men- tioned, and of and from any and all costs, charges and expenses in connection with the foregoing, except at- torneys ' fees." Now, this indenture witnesseth: That in pursuance of the said terms and conditions of said ordinance, and in consider- ation of the benefits accruing to the party of the first part under and by virtue of said ordinance, the said party of the first part , for iteelf, its successors and assigns, hereby covenants and agrees, to and with the party of the second part, its successors and assii-ns, that it will indemnify and save harmless the said party of the second part, of and from any and all damages to persons or property arising out of the property and to be used for general switching purposes, up to the westerly side of the building to be constructed by the party of the first part , upon Blocks One and Two of Twin City Addition, and upon said portion of Charles Street so vacated sits Avenue, and more specifically de- I S ' NN !, • a `,,,, ■ • • • • • 1 • • • r , W ,$rc;.:: $��:.;�. ,.. .T.;�`+ �J.�.k'?.t:.�..<;;_�;::. :-..'. .3 � _,.:.5$� .at'-_`?Iw.�.�u�t.":... .. .__. ,... .. _ -.. %:a _ .. � .. ...*.�..ra..t•� ,!ci...-".�:'.�-t