Minutes 07/14/1931 - Laserfiche WebLink

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~h~a m~onio~pal oorporation~under the laws of theState of Virginia (hereinafter called ~' Y 4, and the Boa~.d of Suoezvisors of Nansemond Go~ut~. a body coroorate under the laws of the State of Virginia (hereinafter oail~I ,,SuperVisors,~: - ~HEREAB, there is now pendi~ in the G~ouit go~t of Nans~mond Gouty a ce~y suit instituted by the Suoe~iso~s ~or the ......... ~ ............. ~han- anm mmEe safe ac= pub!i~ravel,~three br~dEes across ~e - $ 1 Vir inca ~ ~ ~ . _ .~ ~ G~oon, ~n~Na~emoad g - , -o~ as Harreil s Bra e R e ~ ~ .~ ~ Y, ~ . ~ . ~ , ~ob rte Brzce ann Jo nets - - . -.~ .... ~ ~ ~nc ~y wasa ~o ~o~bly settle their differences and have reached ~n ~eement concerting ~he matters involved in said ~it; and, _ az~ agreement, ~ne Supervisors did, on the ~nd day of July, l~31, enter an order discontinuing as public roads: FI~T: All that part of the N~semond Oounty public road leading from Kilby to Myrtle by the ~esidence of R. E. Robertsand extending across Lake Gohoon, described as follows: Beginning at the property line of the City of Portsmouth on the South side of said lake, it being the Southern ~ine of the prope~y conveyed to the POrtSmouth Sub,hem Wa~er ~o~any by R. E. ~Roberts and wife, by deed ~ecorded Feb~ary 25, 1~13~ in the Clerk's office of ~ Oircuit Oourt of. N~e~mond County, Virginia, in Deed Book y4, page ~b, ~d ending at the pr~per~y line of the said City on the North Side ~said lake, it being the Northern line of the oroperty conveyed to the said'Portsmouth Sub,ban ~ater Company by O~r-D. Butler ~d wife by deed ~eco~ded February 28, 1~!3, in the aforesaid Olerk's Office in Deed Book ~4, page 242. SE~2~: All that part of the N~semond County public road leading ff~om Kilby by the residence of Willi~ Jo~e~ across Lake Oohoon to the p~olic county to, between Kir~s Fork and the M~tle colored school, desoribed as follows: Begging at the property line of 2he Oity of Portsmouth on the South side of said lake, it bei~ the Southern line of the p~operty rese~ed by Legh ~. Watts,_Trus~ee, ~n t~eldeed from Legh R. ~V~tts, Trustee, to Joseph H. By~d~dated ~ecemoer 2~, 1896, a~tted to reco~a in the 01erk's office of Na~emond County 0o~t February 23, 18~, and recorded in said office in Deed Book No. 38, page ~2, and ending, on the North side of s~d lake, at the Northern line of the property conveyed to Legh R. Watts, T~tee, by John S. gopeland ~d wife by deed dated September 23, 1892, a~itted to record in the Clerk's office off Nansemond Gouty Oo~t Septembs~ 23, 18~2~ and recorded in said office i~ Deed Book 26, page 28: whzo~, discontinuances become effective when and as soon as the new public oo~ty ~o~ ~d the new bridges herein~te~ mentioned shall have been resoeotively established ~d con- erected for public use, and the s~ off $Y,500.00, herein~ffter mentioned~ shall have been paid to the Supervisors by the 0ity: NO~j T~P~F0~, THIS A~E~NT ~T~BSETH: That, in consideration off the premises ~d the mutual covenemts and a~eements hereinafter se~ out the parties have covenanted ~d agreed as follows: ~ ' 1. The S~oervisors a~ee to establish ~d open for travel _a new public county road leading from the county road near H~rell's Bridge across 2he p~operty of W. B. Ha~elt and the City to ~d-across the new bridge to be e~ected, as hereinafter provided, in the place of Roberts~ Bridge' and Joker's Bridge, ~d thence across the property of ~ Luke to the p~olic oo~ty road leading from Kilby to L~e Oohoon by the ~esidence~of ~i~l~ Jo~e~; and agree that the City shall not be ~e~i=ed,'no~ or heresies, to rebuild an~ / or to maintain the Roberts' Bridge and/or the ~o~er's Bri~e. 2. The ~ity aE~ees, without compensation, toexecuteand deliver to the visors a good and suffficient deed conveying to Nansemgnd gouty such rights of way ove~ its property as may be necessary for the establishment of the s~e new road. 3. ~ne Oity ag=ecs, at its sole expense and cost, to construct promptly for on behalf of Nansemond Oo~$y and/or said Supervisors, a s a pemt of the ~blic co~ty road system, a b=id~ in the place of the b~idge in said county ~o~s Harrell~s Bridge in the public co,~ty road between King's Fork and the M~tle colored school and also a b~idge over said Lake Oohoon at the location sho~ on the map ret~ned with the r~ort off the ~ie~e~s appointed by the Supervisors in the matter of the oisoontinuing of the said ro~s as sa~d, which said latter bridge sh~l take the place of the two bridges ~o~as ~Roberts~ Bridge'~ ~d ~Jo~er's N~idge~,, the first located in or partly in the f~st above described road to be ~' azscon~znued, and the second located in or partly in the second above described road to be discontinued, the said bridges to be constructed according to the plans and spe- cifications ffiled with the Supervisors by the City and heretofore approved by ~ne ~u~er- 4. The City ~ees, when ~d as soon as said bridges are completed and accepted as a part off the public oounzy road system and the said new road is legally established and opened for public t~avel, to pay to the S~oervisors, as co~oensation %o the said Oo-~ty for the maintenance, upkeep ~.d replacement of said bridges, so long as they (or either of them) re, in p~ts of the p~&olic oomuty road system, the s~ oF Seventy-Five Hmudred Dollars ($Y500.00), ~d upon the said payment the order entered J~y 2, 19~, discontinuing the two r~ds described inthe said order shall becomee"fzeotzve.' 5. The City agrees, upon re~e~t of ~he Supe~iso~s, to lowe~ the water in said lake at such times ~d to such extent ~s may be .reasonably necessary for the proper mainten- ance ~ud repair of said b~idges*, provided, however, that the water shall not be lowered at such a time or to such ~ extent as ~y, in the jud~ent of the City, affect the adequacy of Lake Oohoon as a water supply. 6. The Supervisors a~ee to ~ooep~'~e said bridges when oo~!eted, a~ that the s~e sh~t thereupon become and be a pa=2 of the publ~ic cowry =cad system of Nansemo~