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November
<br />
<br />building ~ Hartford street, between F~ordia and Douglas, in which heis to conduct a grocery
<br />store, has been examined by th~ Bmilding Inspector, ~nd meets the requirements of the Law.
<br />respectfully request that permission~be grs~uted ~c him to erect said building."
<br />
<br />On motion of Dr. Dunford, the request of the ~&~nager ~as concurred in.
<br />
<br /> 5th. presented the following agreements for construction o~ a oausewayat~ the~rth~end~of
<br />Dinwiddie street, with recommen~at they be approved by the Oouucll:
<br /> "THIS AGREEMENT, Made this 23rd day of November, 1926, between Seaboard Air Line Railway,
<br />& corporation of Virginia and ether States, hereinafter designated "Railway," of the first part;
<br />and City of Portsmouth, a mmnicipal corporation of the~State of Virginia, hereinafter designated
<br />"Licensee," of the second part;
<br />
<br /> WITNESSETH, THAT ~N~EREAS, the Licensee, finding it necessary either to renew or remove
<br />am existing wooden foo+~-b~ldge from the north end of Dinwiddie street to Swimming Point, in the
<br />Oity of Portsmouth, NorfolkOounty, Virginia, desires permission to oonstr~ct upon the property
<br />of the Railway a certain fill or causeway beginning at ~he northwest intersection of Waverly
<br />Boulevard and Dinwiddie Street in ~he s~id City, and extending thence in a general northwesterly
<br />direction to the P~ilway,s right of way line, as shown in P~D on blue print VA-309, at~ohed
<br />hereto as a part Thereof; and
<br />
<br /> WHEREAS, the Railway is willing to gr~ni such permission to the Licensee, but only upon
<br />lzhe terms and conditions hereinafter set forth;
<br />
<br /> NOW, TEEREFORE, for and in consideration ef the s~xm cf Fiwe Dollars ($5.00) to the P~lway
<br />by ~he Licensee in hand paid, the receip~ of which isLhereby acknowledged, ~ud in further con-
<br />sideration of the faithful perform~ce on the part of the Licensee of its covenants herein con-
<br />tailed, it is m~tually understood, covenanted a~d agreed as follows, to-wit:
<br />
<br /> 1. The Rai~lway hereby grants unto the Licensee the permission and license so to construct
<br /> ~he said fill or causeway, the same to be constructed and ~thereafter main~a~ined by the Licensee
<br /> at its ,s01e cost and expense, of materials and l~ .a manner satisfactory to t~ Railway, ~b-
<br /> ~tantla!ly as indicated on the said blue print.
<br />
<br /> ~2. The said fill cr causeway will be net less than twelve feet wide at the top and not less
<br /> tha~ twenty~ive feet wide at the base ~d~ its eleva~ion will be ~e elevation of Dinwiddie
<br /> street. The Licensee will, at its sole cost, ~ro~ide ~der s~d fill ~ the thread of ~e
<br /> ~l such culv~=t as may be prescribed by the R~il~y.
<br />
<br /> 3. ~he Licensee will ~t ~l times, ~d does hereby, p~otect, indemnify ~d save h~mless
<br />~he ~ w~ from ~d ~nst any ~d all ~ss, costs, ~e o~ i~ury, of w~tsoever
<br />w~ch the_Rait~y ~y suffer, ~stain o~ ~ co~elled to pay, by rease~ of any i~j~y or da~e
<br />to the e~loyees or proper~ of the R~l~y, o~ ~v other perso~ o~ property, whom such
<br />j~y or ~e results direc~ly~ or indirectly from the ce~s~uctio~ of said fill or causeway,
<br />~or t~e p~esence~ use, ~inte~ce, ~lte~mtion, rep~ or removal thereo~, or by reason of
<br /> o~er ac~ or thm~s done or allowed ~ the Licensee ~ith reference to the s~e.
<br />
<br /> ~ ~STINONT W~EOF, the p~ties hereto have caused these presents to be duly signed
<br />~d~se~ed, the ~y and ye~ first mbove written.
<br />
<br />Attest:
<br />
<br />SEABOA~RD AIR LiNE RAILWAY 00MPANY,
<br />
<br />Assistant Secretary.
<br />
<br />By
<br />
<br />Vice-President.
<br />
<br />~itness*s:
<br />
<br />Attest:
<br />
<br /> CITT OF PORT$~UTH,
<br />
<br />BY
<br /> President of Oounoil.
<br />
<br />Witnesses:
<br />
<br />Olerk of Council.
<br />
<br /> TH~S AGREENENT, Made the 23rd day of November, 1~26, between the Virginia Place Company,
<br /> corporation, and Goodrich Hatton, parties of the first pamt, and the City of POrtsmouth, a
<br />municipal corporation of th~ State of Virginia, party of the second part.
<br />
<br /> WHEREAS, The City of Portsmomth finding it desirable to remove the existing wooden bridge
<br />extending from the north end of Dinwiddie Street te Sw~imming Point, desires ~rmi~siom to con-
<br />struct upon the property of the parties of th~ first part for the purpose of ap ass-way to be
<br />used instead of said bridge, a certain fill or causeway, begmnning at the lime of the property
<br />Of th~ Seaboard Air Line Railway Oompa~y and extending in a northwesterly direction ~o the high-
<br />land of the parties of the first part on Swi~mming Point, as show~ on the blue print~ hereto at-
<br />tached and m~de a part hereof; and
<br />
<br />
<br />
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