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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,
the petition of Martin Eberhard, the owner of the property adjoining and
abutting upon the alley hereinafter described, praying for the vacation
of the alley in Block three (3) , Merriam Park Fifth Addition, between
McPartlen Place and. Beverly street, as shown and colored red on the plat
annexed to said petition, which said petition is duly verified as requir-
ed 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 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 Committee on Streets of said Board of Aldermen at
its 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 did meet at the
time and place above mentioned and appointed therefor, and said Committee
did then and there 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 peti-
tion should be granted upon the terms hereinafter stated, did duly report
its conclusions to said Board of Aldermen, recommending the adoption of
an appropriate reeolution declaring such vacation; now therefore, it is
hereby
RESOLVED, By the Common Council of the City of St . Paul, that
the alley in Block three (3) , Merriam Park Fifth Addition, between
McPartlen Place and Beverly avenue, be and the same is hereby vacated and
discontinued as a public alley, subject, however, to the following condi-
tions, that is to say:
Drpwrtun nt a 1 K
, CITY OF SAINT PAUL
f, ti
O.H.O'NEILL k y
JHPORATION AT TONN_`,'
- w,. Is TANT ATTORNEYS
JOHN P.KYLE
KENNETH G.BRILL
JOHN A.BURNS
ALBiN E.BJORKLUND
June 27th, 1913 .
To the Common Council .
Gentlemen:-
` Pursuant to instruction of the Committee on Streets of the
Board of Aldermen, I transmit herewith proper form of resolution for
the vacation of the alley in Block 3, Merriam Park Fifth Addition,
between MoPartlen Place and Beverly avenue, upon petition of Martin
Eberhard; the compensation being fixed at One Dollar and the costs of
the proceeding.
Yours . :-■• 1.
411, fp
C■rporation Attorney.
r
•
Affidavit of Publication.
•
STATE OF MINNESOTA, l
SS.
County of Ramsey
H. R. MOURISON,
) being duly
sworn, deposes and says: that he now is, and during all the time herein
�------_ mentioned has been in the employ of the printer and publisher of the
Bd F No. 39589— newspaper known as the "ST. PAUL REVIEW" and during all said time
Whereas, There was heretofore pr - was, and now is, principal clerk of the printer of the said newspaper;
sented to the Board of Aldermen, one
of the branches of the Common Coun- that the said newspaper: the "ST. PAUL REVIEW," was during all the
cil of the City of St.�Pau1, the petition said time, and still is, a weekly newspaper printed and published in the
of Martin Eberhard, the owner of.the ' City of St. Paul• in the County of Ramsey, in the State of Minnesota, on each
property adjoining and abutting upon
the alley hereinafter described, pray- Saturday of every week; that the annexed printed notice of
ing for the vacation of the alley in
Block three (3), Merriam Park Fifth'
Addition, between McPartlen Place and
Beverly street, as shown and colored
red on the plat annexed to said pe- +s G
tition, which said petition is duly veri- Ir
fied as required by law and sets forth
the facts and reasons for such vaca-
tion; and
Whereas, Said Board deemed it ex-
pedient that the matter therein re-
ferred to should be proceeded with, •
'and ordered said petition and accom- hereto ! ched and made part hereof, was cut and taken from the col-
panying plat to be filed of record in
the office of the City Clerk of said umns o i : •:, spaper, and was printed and published in said newspaper
City, and ordered said city Clerk to
give notice by publication in the offi- for ec 've wee once in each week—that the said
Icial paper of said City in the manner notice w rt Akted and published ' said a news t.per on Saturday, the
and for the time required by law, that
said petition and the subject matter of o
day
thereof would be heard and considered • • •
by the Committee on Streets of said
Board of Aldermen at its regular A. D. 19 ; and was thereafter print e. and pub ished in said newspaper
meeting to be held in the Council on each and every succeeding Saturday until and including Saturday, the
Chamber in the Court House, on the
26th day of June, 1913, at four o'clock ,. day of A. D.,
P. M., which said notice was duly pub-
lished and given; and • 19 • that said newspaper was, during all the time in t his affidavit
Whereas, Said Committee on Streets mentioned, and still is, a collection of reading matter in columns and sheet
of said Board did meet at the time and
place above mentioned and appointed form, the matter consisting of general and local news, comments and mis-
therefor, and said Committee did,then cellaneous literary items, printed and published in the English language, at
and there hear all testimony and evi-e an established office and known place of business in said city, to-wit: No.
dence adduced on the part of said pe-
titioner and all other persons inter- ' 141 East Fifth Street, equipped with the necessary materials, newspaper
ested in the matter of said proposed presses and skilled workmen for preparing, printing and publishing the
vacation, and being of the opinion that same, and the whole thereof, in said city; that the said newspaper, was
the prayer of said petition should be
granted upon the terms hereinafter; during all the said time, and still is dated in St. Paul, and generally circu-
stated, did duly report its conclusions lated in said city and state; that said newspaper, for more than one year
to said Board of Aldermen, recom- next preceding the date of the first publication of said notice, and during
mending the adoption of an appropri-
ate resolution declaring such vaca- j all the time of said publishing, was printed in whole, and published and
Lion; now therefore, it is hereby circulated in said county and state; that during all the said time said
Resolved, By the Common Council newspaper has consisted, and still consists, of more than the equivalent
of the City of St. Paul, that the alley
in Block three (3), Merriam Park Fifth in space of four pages, of more than five columns to each page, each column
Addition, between McPartlen Place and being not less than seventeen and three-fourths inches long; that during
Beverly avenue, be and the same is all said time said printer and publisher of the said "ST. PAUL REVIEW"
hereby vacated and discontinued as a
public alley, subject, however, to the has printed, published and delivered,at each regular issue, more than two
following conditions, that is to say: hundred and forty complete copies of said newspaper to paying subscribers;
Such vacation is granted upon the that said newspaper during said time,has never been, and is not now a dupli-
express condition that said petitioner
shall, before this resolution takes cate nor made up wholly of patents, or plates and patents and advertise-
effect, pay into the treasury of said ments, or either or any of them.
City the sum of One Dollar and the That the Publisher of said newspaper, on June 10th, 1907, filed with the
costs of this proceeding, which is here-
by fixed as the compensation for said County Auditor of said Ramsey County an affidavit setting forth the facts
vacation; and also convey to the City required by Section 5516 of the Revised Laws of 1905 of the State of Minne-
of St. Paul for use as a public boule-
vard, free of incumbrances the follow.,
- ing described piece or parcel of real: That affiant knows personally all the facts set forth in this affidavit,
estate namely the southerly ten feet and that each and all thereof are true.
of Block Three of Merriam Park
Fifth Addition, being a strip of land ten feet wide along the northerly line
of Beverly Ave. between Raymond %AAA/3N
V��
Ave. and St. Anthony Ave. situate in
the City of St. Paul, Ramsey Co., Min-
nesota.
Adopted as amended by the Board y 9l
of Aldermen July 15, 1913.
Adopted as amended by the Assem- to before me this ds of A. D. I
bly July 3, 1913. -
Approved July 23, 1913.
(July 26-1913)
( , 0 Notary Public, Ramsey County, Minnesota.
� I
v V l My commision expires March 18th 191g.
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174/141P
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St• Paul, :.'i.n• Apr. 1G , 1913.
To the Hon. Members of the Common Council,
C I T Y.
Gentlemen, -
I hereby petition your Honorable Body for the vacation of
alley in Block Three (3) ::erriam Park 5th Addition, between ;:c Partlen
Place and Beverly Avenue as per attached marked blueprint.
I ovm all the property in this block and my reason for the
above vacation is to. enable me to re -plat the block and rim the lots
through the block from Beverly avenue to I.c Portion Place. Also ,
in replotting the block, I wish to dedicate to the City of St. Paul
for boulevard purposes , ten (10) feet along Bevern Lvenue from
Raymond Ave. to St . Anthony Avenue.
-CYa')/
ST_--T;.; 02 MIII,I ,SOTA
( 33 .
COUNTY 02 LAIISEY I
L "RTITI EBERH1' D being first duly sworn, deposes and
says that he is the petitioner above named, that he has read the
foregoin., petition and the same is true of his own knowledge, and that
he executed the same as his own free act and deed.
Subscribed and sworn to before tic this 17th day of
April _'_• B . , 1913.
I Flic 00, "o.my in-Icso a.
Co 2. ion -p 're i /IL
Such vacation is granted upon the express condition that said
petitioner shall, before this resolution takes effect, pay into the treas-
ury of said City the sum of One Dollar and the costs of this proceeding,
which is hereby fixed as the compensation for said vacation °� .
kt 7t4.,. c4,t_. opa-v-ra)L "..„...._ 4,c4 a._ it-t-b-c-c-\ - '' J f)-- -e--- 4-1.) ,t,,,._""-,.. —
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Adopted by the Board of Aldermen: Adopted by the Assembl': .
A
vU� �� 'J_ FSi 191 — 191 _._
NAYS
YEAS Bd F No. 39589—
Whereas There was heretofore pre-
rented to the Board of Aldermen, one Mu--�4C
ALD. BAUMEISTER of the branches of. the Common Coun-
cil of the City of St. Paul, the petition KANE
CORNt c of Martin Eberhard, the owner of the
I property adjoining and abutting, upon r M,��HLE
EDwAtim the alley hereinafter described, pray- i.
ing for the vacation of the all in
HYLAND Block. three_ (3), Merriam Park. Fifth M(CHAUD
Addition, be weep McPartlen Place and s
i Beverly street, as,shown and colored POWERS
MoN�coMERY red'on the• plat annexed to said pe
tirion,'which said petition is duly veri SANRORN
MUR¢TANE, E. stied as required by law and sets forth }(
```��� the facts and reasons for such vacs- R;'ARE
MUrINANE, F. tion; .and
•
f46 Whereas, Said Board deemed it ex-
pedient pedient that the matter. therein re- YOERG
re-
ferred to should be proceeded with,
and ordered said petition and accom-
panying RY N h plat to be filed of record in MR. PRESIDENT (KELLER)
the office or the City Clerk ,of- said /
STIEGER City, and ordered said City Clerk to -
give notice by publication in the offs- ' J1 2- I9I-•_-
TROY cial-paper of said City, in the manner ;
and for the time required by law, that /t / fir
said petition and the subject matter
NAYS p MR. PRESIDENT MccOLtthereof would be heard and considered _ Mayor
by the Committee on Streets of said
Board of Aldermen at its regular
meeting to be held in the Council
Chamber in the Court House, on the
26th day of Tune, 1913, at four o'clock
P. M. which said notice was duly pub-
lished and given; and
Whereas, Said Committee on Streets
of said Board did meet at the time and
place above mentioned and appointed
therefor, and said Committee did then
and there hear all testimony and evi-
dence adduced on the part of said pe-
titioner and all other persons inter-
vacation, and being of theaopinion that
the prayer of said petition should be
the terms
its conclusions
hereinafter
to said Board of Aldermen, recom-
menA+
11g the adoption of an a 1?roa,.l 1
ate op;resolUtherefote, 1t is here?l; Bey
Resolved, er the Common Council
of the City of St. Mer1riamaPaYk Fifth t in Block three (3)
Addition, between McPartlen Place and
Beverly avenue, be and the same is
hereby vacated and d hoo everetoathe
public alley, subject, that is to say
followina conditions, ranted upon the
Such vacation is g'
•
express condition tha esolutiontittakes
shall, before, this
effect, pay into the treasury; of nd the
said
City the sum oe e One ,which is here-
costs of this proceeding,
by, fixed as the compensatiYo the"City
vacation; and also convey
•
of St. Paul for use as a public boule-
vard, free of Inc cumbrances r,r parcel ofllre l
f et
ing described p
of Block Three the(3)s of Merriam Park
Fifth Addition, being the strip 'of land
ten feet wide Aveng betweent Raymond
°f �, y t, Anthony Ave. situate in
t j \ 'yet: Paul, Ramsey Co., Min-
t, �.,
amended by the Board
c am. 1d, 19by the Assem-
amended by
i13.
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