The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-09-14

| and fifty-two (52} of Kittson's Addition
| to said city, and all that part of the in
! tersection of Kittson street and Firth
line drawn in a curve from the corner
of block numbered thirty seven cd to
the corner of block numbered fifty-one
radius of sixty-six (66) feet from the
nearest corner Of block thirty eight (3S)
| of said Kittsons Addition, across the IN
| streets. as shown upon said plat attached
! to said petition. and also the alley pc
! tween Fifth street and Fourth street from
/ John street to Kittson street, running and
extending through blocks forty eight (4sl
| to ffty-one CID. both inclusive, of said
| Kittson's 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-
press condition that all of said blocks
forty eight (4S), forty mine (49), fifty
(5o), ffty-one (51l. 1fty-two go. and
ton and all other property now owned
| by sid 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
Kfttson street, in said city, and all of
/ the portions of all the streets and al
! in the future be liable to the payment
! and subject to the lien of assessments for
| 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 tne
/ southerly side of Fourth street, between
said points, shall be liable only for paw
ing assessments.
Second-Such vacation is upon the
further express condition that said North
ern Pacific Railway Company shall also
pay to said city the cost and expense of
er at present existing on Fifth street,
from kfttson street to Brook street, not
exceeding d, however. total expense of
Th1rd-Such vacation is upon the fur
Their express condition that said North
ern Pacific Railway Company shall in all
and conditions of certain contract made
by 1t with said city, bearing date the
sixth day of August. 1903, in reference
streets and the building of viaduct con-
Meeting Fourth and Sixth streets near
and easterly of Kittson street. and GER
dered by said company at this time and Is
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
sewers, water mains and pipes and con-
duits of whatsoever character now in,
along or 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-t have access to and make
the necessary connections with and re-
pairs to any and all thereof along, across
7lAr~ ill 80 ILL
! and public grounds above described, and
| to construct. erect and maintain poles and
overhead wires thereon, ard to construct
and maintain viaducts, crossings and
| bridges and piers, abutments and ap-
| 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
cific Railway Company. its successors or
assigns or any other company, from any
duty or liability to construct and main
tain, wholly or partially at it's own ex-
pense, such crossings. bridges and via
ducts and approaches thereto, over or I'M
der its tracks for public travel upon or
across any of the streets and alleys here
by vacated. as public necessity and safety
may 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 Railways 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
grow out of such vacation, as we'll as
from the construction and maintenance
of the viaduct to be built by said COM
pany. from any source, or for amy 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
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
cific Railway Company shall duly exc
cute and file with the Comptroller of said
city. an acceptance of the terms and con-
ditions of this resolution, in which it
shall affirmatively 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, 1903.
Sept. 1, 1903.
Approved, Sept 8, 1903.
A'y F No. 7214-
Resolved. That the sum of Ten Thou
sand Dollars. or so much thereof as may
be necessary, be and the same is HEREBY
appropriated and set apart from the Cen
eral Fund. as special account to pro
vide for the deficiency occasioned and ex-
listing in the Sprinkling Fund, through
the improper diversion from that fund
of large amount of the taxes levied
therefor during the year. 1901, provided
that nothing in this resolution shall au-
thorize any expenditure for sprinkline
done during the year 1903 in excess of the
| amount provided therefor by taxation and
authorized by the charter of the City of
| ST. Paul
| Adopted by the Assembly Sept. 9. 1908.
| Adopted by the Board of Aldermen
! Sept 9, 1903
| Approved Sept. 10. 1903.
FRANK j. HUBER,
| President of the Board of Aldermen.
MATT. BANTZ.
Vice President of the Board of Alder
men,
R. SCHIFFMANN,
President of the Assembly.
HENRY G. HAAS,
- ACTING Mayor.