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1913 (15) t 5 .' : -HEREAS, There was heretofore presented to the Board of Alder- 4 men, one of the branches of the Common Council of the City of St . Paul, the petition of John W. Smith, the owner of property abutting upon the street hereinafter described, praying for the vacation of Benson avenue, in the City of St . Paul, lying between Kipp' s Glen Terrace Addition and Major' s Addition, as shown and colored red upon the plat attached to said petition, which said petition is duly verified as required by law and sets forth the facts and reasons for such vacation; and WHEREAS, Said Board deemed it expedient that the matter therein ' referred to should be proceeded with, and ordered said petition and ac- companying plat to be filed of record in the office of the City Clerk of said City, and ordered said 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 Committee on Streets of said Board of Aldermen at ite regular meeting to be held in the Council Chamber in the Court House on the 26th day of June, 1913, at four 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 appointed therefor, and did then and there duly adjourn the hearing and consideration of said matter until the regular meeting of said Committee to be held on the 10th day of July, 1913, and said Committee did, at said last mentioned time and place hear all testimony and evidence adduced on the part of said petitioner and all other persons interested in the matter of said proposed vacation, and being of the opinion that the prayer of said petition should be granted upon the terms hereinafter stated, did duly report its conclusions to said Board of Aldermen, recommending the adoption of an appropriate resolution declar- ing such vacation; now therefore, it is hereby RESOLVED, By the Common Council of the City of St . Paul, that that part of Benson avenue, in said City, lying between Kipp ' s Glen Terrace Addition and Major ' s Addition, as shown and colored red upon the plat annexed to said petition, be and the same is hereby vacated and discontinued 1 as a public street, subject, however, to the following conditions, that is to 'say: Said vacation is granted upon the express condition that said petitioner shall, before this resolution takes effect, pay into the treasury of the City of St . Paul the sum of One Dollar and the expenses of this proceeding, which is hereby fixed as the compensation for said vacation . Adopted by the Board of Aldermen: Adopted by the Assembly: JUL_I5 1313 :/ 191 AT-1 is . � — ---- - __ -- -_-191 YEAS, NAYS YEAS NAYS ALD. BAUMEISTER MR. HAAS CORNING KANE EDWARDS MAHLE HYLAND MICHAUD MONTGOMERY �,.1 POWERS MURNANE, k. 1. / SANBORN MURNANE, F. WARE OBERG YOERG RYAN STIEGER NAYS 0 MR. PRE DENT (KELLER) TROY Approved/L 19]_. NAYS 0 MR.PRESIDENT (MCCOLL) / / _ -- ! _ _ _.. Mayor Ef ,kz.\ ot a _ f. tr4xtrk .rxtt or alit- CITY ^z" SA. NT PAUL O.H.O'Ne:LL CORPORATION ATTORNEY - A5515-.i.IT A. "OR NEY° KENNETH. G.BRI... JOHN A.BURNS ALBIN E.BJORKLUAD July 15th, 1913. To the Common Council . Gentlemen:- to instruction of the Committee on Streets of the Board of Aldermen, I transmit herewith proper form of resolution va- cating part of Benson avenue , upon petition of John W. Smith; the com- pensation being fixed at the sum of One Dollar and the costa of the I.; .. ,,kroceedix:g. Yours truly, / i Asst Corporation Attorney. . :2c,aveJ Ad, aT .At to st tl rta s'ttivsoD amt to aoltoxttaal of InAutrss4 -. aol taloi+ lo 4tot z94o1; Attwevol tiffany/0 I R l xzebtl !o zio .ms, sdt OSLO .1 Mot to aott!tsq ooiw suaWs aomas5 So tits/ vi t a auk to **040 iilit mom taisoi! •a ) 'e we sdt to 1,0423 41243u i$R 11,4 .ax2bssooT4 1;,tmt R .tsazotti sottszoycoO Pala - lit ii J I .04e'' 0,0 Arr' i . „_,0 r-fre “,„4' . ' f‘j f The Honorable Common Council, „ J k e c Of the City of St. Paul, s County of Pamsey, . State of Minnesota. Gentlemen: Now comes your petitioner, John W. Smith and respectfully makes petition to your honorable body to vacate the following described street , a plat of which is hereto attached, towit: That part cf Fenson Street extending from Kippls Glen Terrace Addition and extending to Major' s Addition, both of said Additions being recorded in the Pegister of Deeds Office in the County of Pamsey, State of Minnesota. This petitioner states that for many years last past he has been the owner in fee simple of the following described property situated in the City of St. Paul in said County of Pamsey, towit : Feginning at S. W. Cor. of N. E. u of the S. E. 4 Sec. 15, T. 28, R . 23 4th principal ,Meridian, thence North along 4 line 649 ft. to the intersection of the southerly line of 7th St. thence in a North Easterly direction along the southerly line of 7th St. 248 ft. thence South parallel to the . 1 line 823. 5 ft. to the South line of the N. E. 4 of S. E. 1 thence West along said line 177. 56 ft. to place cf begin- ning. Containing 3 acres more or less. That he has been the owner entitled to the possession of the whole thereof. That said strip of land taken as a street between said Major' s Addition and said Kippl s Glen Terrace Addition, is a part of said tract, that this petitioner never at any time petitioned or de- sired the opening of Benson Avenue as shown in said attached blue print, but that some one totally unknown to him secured the introduction into the Common Council of the City of St. Paul of an order to open and widen Fenson Avenue through said petitioner' s land. That the order was approved on the 24th day of June, 1912, as aprears in said attached blue print. That the Board cf Public Works proceeded to open said Benson Avenue pursuant to said order. That this petitioner never at — 1 -- I any time received any notice of the proposed opening of said street and that the first notice that he personally had of the opening cf said street was when the authorities of the City carne and desired forcibly to cut down his fences and. open _said street, towit, late in the month cf November, 1912. That this petitioner further asserts that had he. had ' notice of the proposed opening of said street he would have appeared �. before the Poard of Public Works and vigorously opposed the opening of said streets and would have been prepared to produce testimony showing the value of said property taken for said proposed street . That the only property taken by said City for said street wac the property of this petitioner , and that he owned all the property abutting on the property so taken for a street. That the property of the petitioner taken for a street was of a value far in excess of that allowed by the Board of Public N Works, towit, Two Hundred. ($200.00) Dollars, and that there was no benefits accrui� ng tc t is petition r b real n of the opening of such street ,has said petitioner at all times owned both the property taken for a street and the property alleged to he benefitted. That for many years last past the petitioner has used this property and all thereof for a pasture for his cattle . That there is no one living on the property abutting on said street so opened and that the benefit• to property for openng this street is on property other than the property of this petitioner. Wherefore this petitioner prays that his petition for the vacation of the street described be granted. (P/O 2" ' Attorney for Petitioner, 4Cl New York Life Building, St. Paul, Minnesota. 2 -