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<br />'!'[H~ \. .tl'l'E:ll DEt)Aln,61..u'r}' OF THE CITY OF ST. P'.iUL- <br /> <br />tl'\GINEUJ.......:, Ol\ll510N <br /> <br />"G' I . <br /> <br />NO. I <br />$Celio"" -- <br />'AGE: <br />OAfE <br />n <br /> <br />\.r-- <br /> <br />,~ <br /> <br />UNI1 PROJECT OR ~OC"'llON <br /> <br />i <br /> <br /> <br />Continued <br /> <br />.,{ <br />!l <br />r.' <br />',' ' <br />c' <br />" <br /> <br />YEAR 1898 (cont1d) <br /> <br />(Froln "Superi.lltendent':; Report", pp 53-83 (cont'd) <br />p5ll "CEN1'ERVILLE YlELL'3. <br /> <br />"Th9 lIarth embankment around f1ftgen of the wells was washed a'ltay dur- <br />I'ing the I!ijlring high '/later, lUld the boxes should be protected by pilingl <br />"and I recommend that this work be done at once, as it can be dona during <br />"the months of February and March at a less cost than at an:y other time <br /> <br />TAl. IE' <br /> <br />" <br /> <br />1 <br /> <br />" <br /> <br />, <br />.,..... <br /> <br />"CENTERVILLE RIOllT OF WAY FZltcB. <br /> <br />"During the year a contract was let to fence both sides of the right of <br />"way fence from th9 C9ntervUlll road near the junction chamb9r to and <br />"around thil P\llllP hOWle grounds and Center.ville lake, requirine 25,186 1111- 10 <br />"eal feet of fencing, this work, inclUding all the necessary gates, etc., <br />"cost ~103. 71, or $0.0272 PQr lwal foot of fencll compleh. <br /> <br />"RIGHT OF WAY. <br /> <br />"Th9 amount expended during the year on repaire of right or way hl1ll <br />"bean small. Total expended was as fo1.101'1s1 <br />uCanals and ditches.................,............... $206.80 <br />uRepA1r5 on !ence...............aaa~a...a......._. 76.08 <br />"Cu! verts and dra.1n8............................... 20],,, 48 <br />IIRepairs on roads and br1dgeB..................... 23.28 <br /> <br />"Total.. . . . . . . a . . . . . . . . . . . . . . . . . . . . . . .. . . . .. $507.64 20 <br />"I wieh to cl<ll your attontion'to the advisability of the board tak1l1g <br />"such legal steps as will compel all individuals and corporations to re~ <br />"cogniu the rights of the Water Doard, by reqUiring; them to ,pay II nOminal <br />"&WIUal rent wherevQr they occupy the right of way, or other lands belong- <br />"ing to the bOard, all unint.lrrupted possession for the period allowed by <br />"law might operate in thl! future as a bar to abeolutQ olilUlrship. The <br />"question of adverse POssession, as b\ltwoen an individual and the public, <br />"where land has been properly dedicated tor public use, haB, liB a general <br />"thing, been decided in favor of tho public, notrlthlltanding <ldverlle occu- <br />"pancy for thll period requirQd by law had taken plaCll. But it appears to 30 <br />"me that, after looking OYer the deeds, etc., tor some of this property, <br />"that the position of tbll Water Board in some instanclls is entirely differ <br />"ent, IlB some part" of the LiJ<:ll Phalen right of 'Way was acqui.rQd by pur- <br />. 'challe, condemnation a,nd eaaelDOnts, all of 'Which waa donll by a corporlltion <br />p59 "and subaequently transteJ'fed to the Water Board by direct purchase. And <br />"in this trijIlsfer r prllSUWIl it could only,convey such title as it had <br />"acquirod undllr its. corporate power. And where partiee have encroached <br />"on the right ot way and had uninterrupted Possession prior and since the <br />"Purcbesll bY' tho board, the qU<lstionlllight arise in thll near futurll that <br />"would Ca\l.~. considerable expeusll and litigation. I therllfore recommend 40 <br />"that the bOf,rd take.liuch action in thili matter as in their judgmant may <br />Illjeem proplilr. <br />I..,... . <br /> <br />"LAKE PllALEN. <br /> <br />"The wooden coolltruction at th9 outlet of the lake, which has served <br />lithe purpose of II dam to hold the watQr at a certain elevation has become <br />udecilYfld, and in ite plac9 should be' built a permanent dam and gate-house. <br />III therefore recommend that t.his be d<me sometime during the year. <br /> <br />B <br />109 <br />