The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-09-12

| shown on the plat attached to said petit
| ton, between blocks thirty-seven go
| to said city, and all that part of the In
tersection of Kittson street and Fifth
street lying easterly of the dotted white
line drawn in a curve from the corner
of block numbered thirty-seven CD to
| the corner of block numbered nifty one
| (51) of said Kittson's Addition. at
nearest corner of block thirty-eight (3S)
of said Kittson's Addition, across the IN
| tersection of said Kittson and Fifth
! streets as shown upon said plat attached
to said petition. and also the alley be-
tween Fifth street and Fourth street from
John street to Kittson street, running and
extending through blocks forty-eight (4Sl
| to fifty-one CD. both inclusive, of said
Kittsons Addition. be and the same are
hereby each and all vacated, subject. how
ever to the following terms, conditions
and reservations hereinafter set forth,
that is to say:
First-Such vacation is upon the ex-
forty eight (4S), forty-nine (49l. fifty
(50). ffty-one CD. fifty-two (52). and
thirty seven cd, of said Kittsons Addi-
ton, and all other property now owned
by Sd id Northern Pacific Railway Com
pany abutting or fronting on Fourth, Fifth
and Sixth streets, or either thereof, be-
tween Broadway and the easterly line of
Kittson street, in said city, and all of
the portions of all the streets and al
leys hereby vacated shall for all time
in the future be liable to the payment
any and all local improvements made in
said city, to the same extent and with
like effect as if said premises were owned
by private individuals and this shall in
clude all local improvements, whether
heretofore or hereafter made. the assess
ments for and cost of which have not
already been paid, provided that the prop
erty of said company abutting on the
southerly side of Fourth street, between
said points, shall be liable only for paw
ing assessments.
SecOnd-S1lch UacatiOp ic l1non the
further express condition that said North
ern Pacific Railway Company shall also
pay to said city the cost and expense of
the enlargement and repairing of the sew
er at present existing on Fifth street,
from KittsOn street to Brook street, not
exceeding, however. total expense of
Two Thousand Dollars.
Third-Such vacation is upon the fur
Their express condition that said North
ern Pacific Railway Company shall in all
things comply with and fulfill the terms
and conditions of a certain contract made
by it with said city, bearing date the
sixth day of August, 1903 in reference
to this and certain other vacation of
streets and the building of Viaduct con-
Meeting Fourth and Sixth streets near
and easterly of Kittson street, and GER
tain other matters, which contract is ten
| deTed by said company at this time and IS
ordered TO be filed with the City Comp
troller.
Fourth-Such vacation is upon the fur
Their express condition that said city shall
have and hereby expressly reserves to it
self the right, privilege and perpetual
easement to keep, maintain and repair all
sewers, water mains and pipes and con-
duits of whatsoever character now in,
along under any of the streets, alleys
or grounds hereby vacated, and also re-
serves and shall have. the right at any and
all times in the future to lay, construct
and maintain any further necessary sew
ers, water mains and pipes and under
ground conduits for any and all necessary
purposes, and to have access to and make
the necessary connections with and re-
pairs to any and all thereof along, across
and under any or all of the streets alleys
and public grounds above described and
to construct, erect and maintain poles and
overhead wires thereon, and to construct
and maintain viaducts, crossings and
bridges and piers, abutments and APP
proaches therefor upon any part of said
streets and alleys so vacated. and that
any and all of the premises adjoining and
abutting upon said streets and alleys so
vacated shall be liable to assessment for
its portion of the cost and expense of any
such improvements, TO the same extent as
If said streets and alleys were not vacat-
ed and said premises were owned by a
private Individual and the vacation here
in provided for shall not in any manner
relieve or discharge said Northern Pa
cifc Railway Company, its successors or
assigns, or any other company, from any
duty or liability to construct and main
tain. wholly or partially at its own ex-
penSe, such crossings, bridges and via
ducts and approaches thereto, over or I'M
der it's tracks for public travel. upon or
across any of the streets and alleys here
by vacated. as public necessity and safety
NAV hereafter require. and any such duty
and liability in that behalf as may now
exist or which would exist in the alb
sence of this vacation. shall remain and
continue the same as If such vacation had
not been made.
Fifth-Such vacation is upon the fur
Their express condition that said Northern
Pacific Railway Company, its successors
and assigns, shall forever indemnify and
save harmless said City of st. Paul from
any and all damages, claims for damage,
and costs and expenses, that may arise or
from the construction and maintenance
of the viaduct to be built by said COM
pany, from any source, or for any cause
or reason whatsoever.
SiXth-That in addition to the foregoing,
said petitioner shall. before this resolution
takes effect, pay into the treasury of said
city, the sum of One Hundred Dollars,
which Is hereby fixed. in addition to the
foregoing, as the compensation to be paid
by it to said city in consideration of said
vacation.
Seventh-That before this resolution
shall take effect, and within ninety DAYS
from its passage. the said Northern Pa
clflc Railway Company shall duly exc
cute and file with the Comptroller of said
city an acceptance of the terms and con-
dlt1ons of this resolution. in which it
shall aftirmatively agree to abide by and
perform upon its part all of the terms and
conditions thereof; such acceptance and
agreement to be in a form to be APPROX
ed by the Corporation Attorney.
Adopted by the Assembly, Aug. 6. 1909.
Sept 1. 1903.
Approved, Sept. 8, 1903.