1913 (14) •
- 2 -
appointed therefor, and did then and there duly hear a..
testimony and evidence adduced on the part of said petitioner,
and all other persons interested in the matter of said pro-
posed 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,
10WT THEREFORE, IT IS HEREBY RESOLVED by the Common
Council of the City of St. Paul that Charles Street from the
wewterly 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 Fifteen (15) in Block One (1) of said Twin City Addition, •
to a point on the southerly line of said Charles Street 57.15
feet easterly from the northwesterly corner of Lot Eighteen
(18) in Block Two (2) of said Twin City Addition, in the
City of St. Paul, as shown upon the plat annexecUto said
petition, be and the same is hereby vacated and discontinued
as a public street, t, however, to the following
conditions, that is to say:
1. Such vacation is granted upon the express condition
that said petitioner shall, before this resolution takes
effect, pay into the treasury of said city the sum of One
Dollar, in addition to the expenses of this proceeding.
2. Said petitioner shall convey to the City of St. Paul,
free of incumbrances, 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 weste.ly
end of Block Two (2) of said Twin City Addition extending from
the southerly line of Charles Street to the northerly line of
3
University Avenue, and more specifically described as that
part of Lots Fifteen (15) , Seventeen (17) and Eighteen (18) lb
in Block Two (2) of Twin City Addition described as follows:
beginning at the northwest corner of said Lot Eighteen '(18) ,
thence running southerly along the west line of said Lots
Eighteen (18) and Fifteen(15) to the southwesterly corner of
said Lot Fifteen (15) ; thence southeasterly along the northerly
line of University Avenue a distance of Fifty-seven and fifteen
one-hundredths(57.15) feet; thence northerly and parallel
with said westerly line of Lots Eighteen (18) and Fifteen
7/.... (15) to a point on the southerly line of Charles Street
Fifty-seven and fifteen one-hundredths (57.15) feet south-
easterly from the point of beginning; thence to the place
of beginning.
3. Saidpetitioner shallat its own expense grade the
new street which is established over the tract of land
described in the next preceding condition.
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 Corpration Attorney, an agreement
whereby said Illinois Steel Warehouse Company, its successors
and assigns, `: 1 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 account of the opening, and grading of the new
street hereinbefore mentioned, and of and from any and all
costs, charges and expenses in connection with the foregoing,
except attorneys ' fees.
vacation of said portion of Charles Street, and on account of
the opening and grading of the new street at the westerly end
of Block Two of said Twin City Addition referred to in said
ordinance, and of and from any and all costs, charges and ex-
penses in connection with the foregoing, except attorneys ' feez.
IN TESTIMONY ''HEREOF, the said party of the first part
has caused its corporate seal to be hereunto affixed, and
these presents to be signed, executed, acknowledged and de-
livered, in its name 0 behalf, by William H. Pratt, its
president, and by t/. 1 , , its secretary,
this 4/64 day of 1913.
ILLINOIS STEEL TAR se SE COMPANY,
By / 2f(5,
Its President.
Signed, sealed and
delivered in the
presence of: e `„�___ - -�_
./ eere ary.
e ��- (Z.,
r
STATE OF )
) ss.
County of )
On this // day of ec i , 1913, before
me appeared William H. Pratt and . ��� ,
to me personally known, who , being b me duly sworn did say,
the said tilliam H. Pratt , that he is the President , and the
said j that he is the Secretary of the
Illinois rteel Warehouse Company, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation,
and said instrument was executed in behalf of said corporation
by authority of its Board of Directors; and said William H.
Pratt and ✓. ? c uv v -�--acknowledged said instrument
v
to be the free act and deed of said cor oration.
Notary Public County of -�� ,
My commis on State of
expires / / 6, - .
•
t
■
e
e
Apprdv;Ad riti, c16I/rQC ? :+ /3
. 1,.4 :k'i-AR Attertrty.
r
(15), Seventeen (17) and Eighteen
(18) in Block Two (2) of Twin City
Addition described as follows: Begin-
ning at the northwest corner of said
, Lot Eighteen (18), thence running
6 southerly along the west line of said
Lots Eighteen (18) and Fifteen (15)
to the southwesterly corner of said
Lot Fifteen (15); thence southeasterly
along the northerly line of University
OFFICIAL PUBLICATION Avenue a distance of Fifty-seven and
fifteen one-hundredths (57.15) feet;
Of Ordinances Passed and Resolutions thence northerly and parallel with said
Adopted by the Common Council of westerly line of Lots Eighteen (18)
the City of St. Paul. and Fifteen (15) to a point on the
southerly line of Charles Street Fifty-
Bd F No. 39986—By Ald. Montgomery even and fifteen one-hundredths
Whereas, there was heretofore pre- (57.15) feet southeasterly from the
sented to the Board of Aldermen, one point of beginning; thence to the
of the branches of the Common Coun-
place of beginning.
ell of the City of St. Paul, the pe-
3. Said petitioner shall at its own
tition of Illinois Steel Warehouse expense grade the new street which
Company, a corporation, the owner of is established over the tract of land
the property on both sides of the por described in the next preceding con-
tion of the street hereinafter de- dition.
scribed, praying for the vacation of
4. Said petitioner shall file with the
that portion of Charles Street lying City Clerk of the City of St. Paul, in
between Blocks 1 and 2 of Twin City such form and executed in such man-
Addition in the City of St. Paul, ex- ner as shall be approved by the Cor-
tending from the westerly line of poration Attorney, an agreement
Eustis Street to a line on the west whereby said Illinois Steel Warehouse
defined as follows: From a point on
Company,' its successors and assigns,
the northerly line of Charles Street shall indemnify and save harmless the
57.15 feet easterly from the south- City of St. Paul of and from any and
westerly corner of Lot 15 in Block 1 all damages to persons or property
of said Twin City Addition, to a point arising out of the vacation of said
on the southerly line of said Charles portion of said Charles Street, and on
Street 57.15 feet easterly from the account of the opening and grading
northwesterly corner of Lot 18 in of the new street hereinbefore men-
Block 2 of said Twin City Addition; tioned, and of and from any and all
as more particularly shown upon the costs, charges and expenses`in connec-
plat annexed to said petition; which tion with the foregoing, except attor-
said petition is duly verified as re ne3's' fees.
re-
quired by law, and sets forth the facts 5. That the said petitioner the II-
and reasons for such vacation. linois Steel Company shall file with
And Whereas, said Board of Alder- the City Clerk an agreement approved
men deemed it expedient that the by the Corporation Attorney embody-
matter therein referred to should be ing the following further conditions:
proceeded with, and ordered said pe- this)or That e within thir effective,awed
tition and accompanying plat to be
office of the Illinois Steel Warehouse Company
filed of record in the o
City Clerk of said city, and ordered shall commence the construction
said City Clerk to give notice by pub- thereon of the buildings referred to'
lication in the official paper of said in the said petition; that it shall not'
city, in the manner and for the time place gates across its said property
required by law, that said petition at the westerly end of said vacated i
and the subject matter thereof would strip, but will leave the same open
be heard and considered by the Corn- and permit the railway track now up-�
mittee on Streets of said Board of Al- on the same to remain upon said
dermen at its regular meeting to be property and to be used for general)
held in the Council Chamber in the switching purposes up to the west-
Court House and City Hall Building in erly side of the said building so to be
said City, on Thursday the 31st day of constructed; provided, that should said
July, 1913, at 4 o'clock p, m., which petitioner in the future build an ad-
said notice was duly published and dition to said building on the wester-
given; ly side of the structure so first to be
erected, said permission herein pro-
And Whereas, said Committee on
Streets of said Board of Aldermen did vided for shall only extend to the
meet at the time and place above tracks lying to the west of said ad-
mentioned and appointed therefor, aqqd dition so to be made.
did then and there duly hear all testi- (b) Should the City Council at any
mony and evidence adduced on the' time authorize the construction of
part of said petitioner, and all other railway tracks for switching purposes
persons interested in the matter of upon the new street hereinbefore men-
said proposed vacation, and did take tioned, said Illinois Steel Warehouse
proof of the matters averred in said Company shall waive any damages as
petition, and being of the opinion abutting property owner on account
that the prayer of said petition should of the construction or operation of
be granted upon the terms hereinafter such switching tracks.
stated, did duly report its conclusions (c) Said petitioner shall not at any
to said Assembly, recommending the time in the future accept switching
adoption of an appropriate resolution service from the Minnesota Transfer
declaring such vacation. Railway Company over any tracks
Now Therefore, It Is Hereby Re- coming from the east across Eustis
solved by the Common Council of the Street to the portion of Charles Street
City of St. Paul that Charles Street hereby vacated; nor shall said pe-
from the westerly line of Eustis street titioner accept such switching service
to a line on the west defined as fol-
lows: From a point on the notherly Company over any line coming from
line of Charles Street 57.15 feet east- the east along Territorial Road un-
erly from the southwesterly corner of
less the track of said Transfer Corn-
Lot Fifteen (15) in Block One (1) of pany shall be extended along said
said Twin. City Addition, to a point Territorial Road to Berry Street
on the southerly line of said Charles (d) Said petitioner shall give its•
Street 57.15 feet easterly from the consent to the passage of an ordinance
northwesterly corner of Lot Eighteen giving the right to the Minnesota
(18) in Block Two (2) of said Twin Transfer Railway Company to build
City Addition, in the City of St. Paul, and operate switching tracks along
as shown upon the plat annexed to Territorial Road, and waive any darn-
.
said petition, be and the same is here- ages.as abutting property owner.
by vacated and discontinued as a pub- (e) That should the said Illinois
lie street, upon, however. to the fol- aforesaid conditions tsubsequent and an of the
lowing conditions, that is to say:
1. Such vacation is granted upon such violation shall continue for a
Period of sixty days after written no-
the express condition that said pe-
titioner shall, before this resolution tice thereof from the City of St. Paul,
takes effect, pay into the treasury of all the rights hereby granted shall
said.city the sum of One Dollar, in ad- • cease, determine, and be ipso facto
dition to the expenses of this pro- revoked.
ceeding. Adopted by the Board of Aldermen
2. Said petitioner shall convey to Aug. 5, 1913,
the City of St. Paul, free of incum- Adopted b
brances, the following described tract A Y the Assembly Aug, 7,
of land for the uses and 113.
purposes of a Approved Aug. 13, 1913.
public
hich shall be fifty (5) feet infwidth (Aug. 16-1913)
(Au 16-1913
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
INDENTURE, Made this day of
1913 , between ILLINOIS STEEL WAREHOUSE COMPANY, a corporation
organized and existing under and by virtue 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 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 ordinance
is hereto attached and hereby referredto for greater certainty.
Now, this indenture witnesseth: That in pursuance of
the said terms and conditions of said ordinance, and in con-
sideration 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 itself, its successors and assigns , hereby
covenants and agrees to , and with, the party of the second
part, its successors and assigns, as follows:
(a) That within thirty days after said ordinance be-
comes effective said party of the first part shall commence
the construction thereon of the buildings referred to in the
petition for said vacation; that the party of the first part
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 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
as aforesaid ; provided that should the party of the first part
in the future build an addition to said building on the
westerly side of the structure so first to be erected as
aforesaid, said permission herein provided for shall only
extend to the tracks lying to the west of said addition so to
be made.
(b) Should the City Council, or other governing body
of the City of St. Paul having the power so to do , at any time
authorize the construction of railway tracks for switching
purposes upon the new street hereinbefore mentioned, the
party of the first part covenants and agrees that it will waive
any and all damages as abutting property owner on account of
the construction and operation of such switching tracks.
( c) The party of the first part further covenants and
agrees that it will 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 said Charles Street vacated by said ordinance;
and further covenants and agrees that it will not accept such
switching service from said Minnesota Transfer Railway Company
over any line coming from the East along Territorial Road,
unless the track of said Minnesota Transfer Railway Company
shall be extended along said Territorial Road to Berry Street.
(d) The party of the first part further covenants and
agrees that it will 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 that it will waive any and all damages as abutting
property owner on account of the construction and operation
of such switching tracks.
(e) It is stipulated and agreed between the parties
hereto that should the party of the first part violate any of
the conditions hereof, and such violation shall continue for a
period of sixty days after written izotice thereof from the City
2
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• I CORI 1ftTOO 7,77.
scribed as that part of Lots Fifteen'
(15), Seventeen (17) and Eighteen
(18) in Block Two (2) of Twin City
Addition described as follows: Begin-
ning at the northwest corner of said
Lot Eighteen (18), thence running
southerly along the west line of said
Lots Eighteen (18) and Fifteen (15)
6 to the southwesterly corner of said
Lot Fifteen (15); thence southeasterly
along the northerly line of University
Avenue a distance of Fifty-seven and
fifteen one-hundredths (57.15) feet;
OFFICIAL PUBLICATION
_ thence northerly and parallel with said
Of Ordinances Passed and Resolutions westerly line of Lots Eighteen (18)
and Fifteen (15) to a point on the
Adopted by the Common Council of southerly line of Charles Street Fifty-
the Cfty of St. Paul. sven and fifteen one-hundredths
Bd F No. 39986—By Ald. Montgomery (57.15) feet southeasterly from the
Whereas, there was heretofore pre- poin of beginning; thence to the
of place e beginning.
sented to the Board of Aldermen, one 3. Said id
of the branches of the Common Coun- petitioner its own
cil of the City of St. Paul, the pe-
is grade the neew w street which
tition of Illinois Steel Warehouse is established over the tract of land
Company, a corporation, the owner of described in the next preceding con-
the property on.both sides of the por- dition.
4. Said petitioner shall file with the
tion of the street hereinafter de- • City Clerk of f the City of St. Paul, in
aeribed, praying for the_vacation of such form and executed in such man-
that portion of Charles Street lying ner as shall be approved by the Cor-
between Blocks 1 and 2 of Twin City poration Attorney, an a reement
Addition in the City of St. Paul, ex- whereby said Illinois Steel Warehouse
tending from the westerly line of Company, its successors and assigns,
Eustis Street to a line on the west shall indemnify and save harmless the
defined as follows: From a point on City of St. Paul of and from any and
property
northerly line of Charles Street all damages to persons or r p
57.15 feet easterly from the south- arising out of the vacation of said
westerly corner of Lot 15 in Block 1 portion of said Charles Street, and on
of said Twin City Addition, to a point account of the opening and radin
on the southerly line of said Charles of the new street hereinbefore men-
Street e
57.15 feet easterly from the tioned, and of and from any and all
northwesterly corner 'of Lot 18 in costs, charges and expenses in connec-
Block 2 of said Twin City Addition;
as more particularly shown upon the tion with the foregoing, except alter-
net's' fees.
plat annexed to said petition; which 5. That the said petitioner the II-
said petition is duly verified as re- linois Steel Company shall file with
quired by law, and sets forth the facts the City Clerk an agreement approved
and reasons for such vacation. by the Corporation Attorney embody-
And Whereas, said Board of Alder- g
ing the following further conditions:
men deemed it expedient that the
(a) That within thirty therein referred to should be wly days after
this ordinance becomes effective, said
proceeded with, and ordered said pe- Illinois Steel Warehouse Company
tition and accompanying plat to be shall commence the construction
filed of record in the office of the thereon of'the buildings referred to
City Clerk of said city, and ordered in the said
said City Clerk to give notice by pub- petition; that it shall not
place gates across its said property
• lication in the official paper of said at the westerly end of said vacated
city, in the manner and for the time; strip, but will leave the safine open
required by law, that said petition p
and permit the railway track now up-
and the subject matter thereof would
be heard and considered by the Corn- on the same to remain upon said
mittee on Streets of said Board of Al property and to be used for general
switching purposes up to the weste
dermen at its regular meeting to be erly side of the said buildin so to be
held in the Council Chamber in the constructed; g
Court House and City Hall Building in provided, that should said
ad-
said City, on Thursday the 31st day of di petitioner n in the building build an ad-
July, 1913, at 4 o'clock p. m., which dition to said structure so the wester-
July, ly said notice was duly published and erected,side of said sermissio so first to o-
given; erected, said permission herein pro-
given; Whereas, said Committee on vided for shall only extend to the
tracks lying to the west of said ad-
Streets of said Board of Aldermen did dition so to be made.
meet at the time and place above
mentioned and appointed therefor, and time authorize the City construction a of
did then and there duly hear all testi- railway tracks for switching and evidence adduced on the g purpose-
part of said petitioner, and all other upon the new street h to l Wore muse
persons interested in the matter of Company said Illinois Steel damages as
said proposed vacation, and did take abutting tny property waive any damages nt
proof of the matters averred in said abin property owner on account
petition, and being of the opinion • of the construction or operation of
such switching tracks.
that the prayer of said petition should (c) Said petitioner shall'hot at any
be granted upon the terms hereinafter time in the future accept switching
stated, did duly report its conclusions service from the Minnesota Transfer
to said Assembly, recommending the Railway Company over any tracks
adoption of an appropriate resolution coming from the east across Eustis
declaring such vacation. Street to the portion of Charles Street
Now Therefore, It Is Hereby Re- hereby vacated; nor shall said pe-
solved by the Common Council of the p
City of St. Paul that Charles Street ' titioner said such switching service
Prom any over any line coming Railway
from the westerly line of Eustis street Company over any line coming from
to a line on the west defined as fol- the east along Territorial Road un-
lows: From a point on the notherly less the track of said Transfer Corn-
line of Charles Street 57.15 feet east- pany shall be extended along said,
erly from the southwesterly corner of Territorial Road to Berry Street.
Lot Fifteen (15) in Block One (1) of (d) Said petitioner shall ive its
said Twin. City Addition, to a point consent to the passage of an ordinance
on the southerly line of said Charles giving the right to the Minnesota
Street 57.15 feet , easterly from the Transfer Railway Company to build
northwesterly corner of Lot Eighteen and operate switching tracks along
• (18) in Block Two (2) of said Twin Territorial Road, and waive any dam-
City Addition, in the City of St. Paul. ages'as abutting property owner.
as shown upon the plat annexed to
said petition, be and the same is here- Steel Company violate the any of the
by vacated and discontinued as a pub- aforesaid conditions subsequent, and
lie street, upon, however, to the fol- such violation shall continue for a
lowing conditions, that is to say: period of sixty days after written no-
1. Such vacation is granted upon tice thereof from the City of St. Paul,
the express condition that said pe- all the rights hereby granted shall
titioner shall, before this resolution
takes effect, pay into the treasury of cease, determine, and be ipso facto
revoked.
said city the sum of One Dollar, in ad- , Adopted by the Board of Aldermen
dition to the expenses of this pro-
ceeding. Aug. 5, 1913,
2. Said petitioner shall convey to• Adopted by the Assembly Aug. 7,
the City of St. Paul, free of incum- 1913.
brances, the following described tract Approved Aug. 13, 1913.
of land for the uses and purposes of a (Aug. 16-1913)
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-