The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-10-28
OFFICIAL PUBLICATION
OF Resolution Adopted by the Common
Council of the City of ST. Paul.
y F No. 7215-

A'y F No. 7215-
whereas, There was heretofore present.
ed 10 the assembly, one of the branches
OF the Common Council of the City Of ST.
Northern Pacific Railway Company. the
owner OF all the land and property abut-
ing upon and adjoining the streets and
alleys hereinafter named praying for the
vacation of Locust street, between the
south line of Sixth street and the north
line Of Fifth street; WilliuS street be-
tween the south line of Sixth street and
the north line of Fifth street; NeilI street
between the south line of Sixth street and
the north line of Fifth street; Kittson
street. between the south line of Sixth
street, and the south line of Fifth street;
also the alley between Fifth street and
Sixth street, from John street to Kittson
street, and more particularly described
and shown upon the plat annexed to said
petition, which said petition is duly veri-
ned as required by law and sets forth the
facts and reasons for such vacation; and
Whereas, The said Assembly deemed it
eXpedlent that the matter therein re-
ferred to should be proceeded with and
ordered said petition and accompanying
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 con
sidered by the Committee on Streets Of
said Assembly. at its regular meeting
TO be held on the 14th day of September,
1908, at four o'clock p m. of that day
at the Council Chamber in the Court
House and City Hall Building. in said
city, to which said committee said matter
was duly referred for hearing and report
thereof and thereupon said petition and
plat were duly filed in the Office of said
City Clerk and said notice was duly given
and published as required by law; and,
Whereas, The said Committee on
Streets, of said Assembly did meet at
the time and place above men
toned, for the hearing, investiga-
ton and consideration thereof. and
did then and there duly investi-
gate and consider the matter of said pro-
posed vacation, and did then and there
on the part of the petitioners and all
other persons interested in the matter
of said proposed vacation, and did take
proof of the matters averred in said petit
tion and being of the opinion that the
prayer of said petition should be granted
to the extent and upon the terms herein
after stated, did duly. report its conelu-
sions to said Assembly, recommending
the adoption of an appropriate resolution,
declaring said vacation,
Now, Therefore, 1t Is Hereby Resolved
by the Common Council OF the City OF St
Paul. That Locust street, between the
south line of Sixth street and the north
line of Fifth street; Willius street, be-
tween the south line of Sixth street and
the north line of Fifth street; Neill
street, between the south line of Sixth
street and the north line Of Fifth street;
klttSon street between the south line of
Sixth street and the south line of Fifth
street, and also the alley between Fifth
street and Sixth street, from John street
to Kittson street. running and extend
(40), thirty nine (39) and thirty eight (3S),
OF said Kittson's Addition, be and the
same are hereby each and all vacated,
subject, however, 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
Al, 40, 80 and SO and blocks 81 and 81, OF
property now owned by said Northern
Pacific Railway Company abutting or
fronting on Fourth, Fifth and Sixth
streets, or either thereof, between Broad
way and the westerly line of Kittson
street in said city. and all of the portions
of all the streets and alleys hereby va
waited shall for all time 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 in
dividuals and this shall include all local
improvements, whether heretofore or
cost of which have not already been
paid, provided that the property of said
company abutting upon the southerIy
side of Fourth Street between said points
shall be liable only for paving assess
mentS.
Second-Such vacation is upon the fur
Their express condition that said Northern
Pacific Railway Company shall also pay to
said city the cost and expense of the en-
hrgement and repairing of the sewer at
present existing on Fifth street. from
Kittson street to Brook street, not eX-
ceeding, however, total, expense of Two
Thousand Dollars. which shall be held to
be the same $2,000.00 required to be paid |
by certain resolution approved Septem- |
Der Sth, 1903, vacating other portions of |
the same streets on petition of said COM
pany.
further express condition that said North |
ern Pacific Railway Company. its sue
cessorS and assigns, shall. at its and !
their own expense, within eighteen !
of this resolution, erect. construct and |
fully complete, and thereafter forever |
maintain the same in proper and safe con-
dition for public travel thereon, a good |
and substantial steel or iron Viaduct with +
suitable approaches, beginning at and /
connecting with Fourth street in said /
city, at a point at or near the easterly |
line of KittSon street at the SoutheTly I
boundary of block ifty-two of said Kitt- |
sons Addition; running thence northerly /
over and across blocks fifty-two and thir- |
ty-seven of Kittsons Addition, to. and |
connecting with, Sixth street at the most !
convenient point between KfttSon and |
Brook streets, in accordance with the |
terms of a certain contract entered into !
with said city by said Northern Pacific |
Railway Company in reference thereto. |
bearing date August 9Th, 1903. and when !
so constructed said viaduct shah be per-
petually dedicated to the public for use
as a highway. and shall not be crossed or |
traversed at grade by any railway tracks
Fourth-Such vacation is upon the !
further express condition that said CITY |
shall have and hereby expressly reserves |
to itself, the right, privilege and perpetual |
easement to keep, maintain and repair /
all sewers water mains and pipes and
conduits of whatsoever character now I
in. along or under any of the |
streets. alleys or grounds hereby /
vacated, and also reserves and shall |
have the right at any and all times in |
the future to lay. construct and main
tain any further necessary sewers. water
mains and pipes and underground con- !
duitS for any and all necessary purposes, !
and to have access to and make the |
necessary connections with and reDairs to