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October 13th', 1931.
<br />
<br /> At a regular meeting of the City,Council held on October 13th, 1931, at 8:00
<br />p. No, there were present:
<br /> Vernon A. B~ookS, 7. R. Hutchins, E~ ~- Eaupin, Jr., Arthur ~ayo, J. Alden
<br /> Oast, Archibald 0gg, J- R. stewart - Y.
<br /> Also the City ~anager.
<br /> Vice President J. R~ Stewart in the Chair.
<br /> Ninutes of the regular meeting held September 22nd, were ~ead and approved.
<br /> The following communications from the City ?,3~anager were read:
<br /> 1st - City Manager presented the ~ollowing agreement together with plat of
<br /> property involved:
<br /> 2 th da~ of September, 1931, between Charles R. ~el-
<br /> "THIS AGREEMENT Nade this 9
<br /> to~, A~chibald Ogg, Arthu~ Hitch, C. N. goody, R~ E. Hawks, Trustee, AliceEaud E. ?owe!l
<br /> Bessie Wiatt, Ballard Fish & Oyster Company, Incorporated, T~omas W. Ca, roll, H. Ac Ster-
<br /> ling, and W. J. Sterling, parties of the first part, City
<br /> of portsmouth, a municipal corporation cf the State of Virginia, p~rty o£ the second part,
<br /> and Atkinson Dredgio~ Company, party of the third cart.
<br /> WHE.MEAS, the said parties of the firs~ part a~e the owners of certain low land
<br /> at Park View, in the Oity of Portsmouth, V~.vginia, near 6cerium G~eek, as shown on the said
<br /> plat hereto attached, and,
<br /> ~AS, The said e~eek is now being dredged by the Atkinson Dredging~Company,
<br /> and, WHEREAS, The said ca,ties of the first ~art deei{e to g~ve permission to the
<br /> said pa~ty of the third part ts-place a portion ~f the dredgea mate=zal upon thei~ la~,
<br /> which the said City of portsmouth is willing to permit so long as it does not release its
<br /> right of drainage ove~ said property.
<br />
<br /> ~ NOW, THEREFORE, THIS AGREemeNT WITNESSETH: That in consideration of the p~e-
<br /> mises and the fi!li~g to be placed upon the said land by the s~idp~rtY ~of the third pa=~,
<br /> the said~parties of the first,part covenant and agree as followS:
<br /> - ~(1) That the said pa~ty of the third pa~t may p~m~p upon their said low land
<br /> the d=edgedmate~ial to be taken from said creek to a height to be designated by ~he 0ity
<br /> Engineer~of the City of Portsmouth.
<br />
<br /> ~ ..... +~ ~ ~' s oh time as it sees fit, open
<br /> (2) That the said City of ~.~ ..... ~, ~t u .- .... ,~ __ _ ~
<br /> along the southern boundary I ins of the Atlantic Ooast Lane Raal=oad proper,y xrom Fare
<br /> Avenue.west to Scott's C~eek a d~-airaage ditch~o~ ouiver~ for the purpose of ca~rying d~ain-
<br /> age water, and an easement for said drain or ditch is hereby granted by the said parties of
<br /> the first par~ to the said City of Portsmouth in a s~rip Qf land six feet wide lying south
<br /> of ~he property of the said Atlantic Coast Line Railroad and running paraliel therewith as
<br /> shown on the plat hereto attached.
<br /> The said City of Portsmouth, in consideration of the g~ant of said ease-
<br /> men~, agrees that the said.land, togethe~ with the street ends entering the same may be
<br /> filled as aforesaid, but the said Oity reserves its right of drainage ove~ said land until
<br /> such time as the City of Portsmouth deems it mecessary to open the~ditch or culvert afore-
<br /> said.
<br /> The said party of the third-part agrees to place~said dredged material
<br /> upon said land by any modern method selected by it, including pumping, to such a height
<br /> as may be designat.ed by the Oity Engineer of the City af Bortsmouth and to keep open the
<br /> two drain pipes now maintained l~y the said City, as shown on the attached list, so that
<br /> the same-may have an outlet to said creek.
<br />
<br /> WITNESS THE FOLLOWING SIGNATURES AND SEALS:
<br />
<br />(SEAL)
<br />
<br />' (SFAL)
<br />
<br />_ (S An)
<br />
<br />(SmAL)
<br />
<br />(SEAL)
<br />
<br />(S AL)
<br />
<br />
<br />
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