|
November 23, 1926
<br />
<br /> WHEREAS, The Virginia Place 0omps~uy is the owner of four-fifths interest in said property,
<br />and the said Goodrich Ha%ton is the owner of one-fifth interest therein, and the owners are
<br />willing to grant permission to the City of Portsmouth to construct said causeway, but only
<br />upon the terms and condit~lons hereinafter set out.; _ _.- - _
<br />
<br /> NOW THEREFORE, THIS AGREEMENT WITNESSETH: That in ~oonsideration of the sum of One Dollar
<br />in hand ~aid by the pa~ty of the second part to the pa~ties of the first part, and the receipt
<br />of which is hereby acknowledged, it is mut~l!y understood, covenanted and agreed as follows,
<br />to-wit:
<br />
<br /> 1. The said parties of the first part hereby grant unto the said City of Portsmouth per-
<br />mission and license so to construct the s~id fill or causeway, the same to be constructed-and
<br />thereafter maintained so le~g as it, by the permission of the pa~ties-Of the first p~rt or
<br />their successors in title, used as a public pass-way at the s~le cost and expense of the s aid
<br />city, and substantially as indicated on said blue print.
<br />
<br /> 2. The said fill or causeway will be approximately twelve feet wide at the top and not
<br />less than twenty, five feet wide at the base, and its elevation will be the ~elevation. of the
<br />highland on Swmm~tng Point. The City of Portsmouth will, at its sols costs, provide under said
<br />fill in the, thres~i of the channel of the creek under oulvery as m~y be necessary to permit the
<br />unobstructed passage of water in and out of the creek to the west of said fill.
<br />
<br /> 3. The said 0ity of Portsmouth will, so long as the said fill is by the permission of said
<br />parties of-the first part or their successors in title used by the said City or by the public
<br />as a pa~.s-way, protect, indemnify and save harmless the said parties of the first part from
<br />and aga~st ~uy ~amd all loss, cos~s,.d~mage~or.inj~.ry, of whatever natu~re, which t4e said parties
<br />of the ~mrst parm may~ suffer, sust&mn, or be compelled to pay, by reason of any injury or
<br />damage to any person or property, when such injury or d~mage results directly or indirectly
<br />from the construction of said fill or causeway, or the presence, ~se, maintenance, alteration,
<br />or repair thereof, or by reason cf any other acts or things done or allowed~y the City with
<br />reference to the same.
<br />
<br /> 4. The City of Portsmouth shall not by this ~greement or by the use of the said property
<br />obtain any rights of ownershipin, or of pass way over, the said land, and the s~me shall remaiu
<br />the sole property of the parties of the first part, and this agreement shall not be construed
<br />as granting to the City of Portsmouth nor to the public any rights whatever in said land.
<br />
<br />~itness the following signatures and seals.
<br />
<br />Attest:
<br />
<br /> Virginia Place Company,
<br />
<br />BY
<br /> President.
<br />
<br />Secretary.
<br />
<br />Attest:
<br />
<br />Dity ~lerk.
<br />
<br /> City of Portsmouth.
<br />
<br />By
<br /> President of~City 0ouncil.
<br />
<br /> Mr. Dunford moved that the contracts be ~oprovedand that the proper 0ity Officials be
<br />instructed to execute same:
<br /> Ayes--Dunford, N~upin, Mayo, Cast, Stewart, White,
<br /> Nays-- Brooks, 1.
<br />
<br /> Dr. Brooks in voting No, made the foll~ing statement: that in his opinion a 'causeway
<br />is preferable to a bridge, but he is against relinquishing present title in wooden bridge
<br />w~thout gaining title in causews~.
<br />
<br />UNFINISHED ~JSINESS
<br />
<br /> The motion made by.Mr, l~hite at the last meeting to declare vacant the office of Justice
<br />of the Peace for Monroe Ward on account of said Justice having moved from the Oity, was t~ken
<br />up.
<br /> Th~ Manager presented the following letter from Mr. Wilson, the said Justice:
<br />
<br />Mr. ~r~a~ C. ~ahan,
<br />City Maneger,
<br />Portsmouth, Va.
<br />
<br />My dear Er. H~nrahan:-~
<br />
<br />"211-42nd St., N~ewport News, Va.,
<br />Nov. llth, 1926.
<br />
<br /> I noticed in the Va. Pilot that the 0ity 0ouncit'.had instructed you
<br />to ascertain as to whether I had perm~ently removed from ~he City.
<br />
<br />the. same.
<br />
<br />ture ~herei~ contained.
<br />mouth.
<br />
<br />I take pleasume in saying that I h~ve hot, or .have any intentions of
<br />
<br />still reside at 2030 Glasgow St. I ~w~ the place and all the furni-
<br />ama q~aalified voter ofM onroe Ward and a ta~ paying citizen of Ports-
<br />
<br /> I am at home nearly every Sat~trd~y night and Sund~y and after M~roh 5th
<br />will be there permanently. My wife and child have been ill for the past two years ~and have
<br />been away a great deal of the time; but on the 2Otb of this month they will be home to stay.
<br />My wife's sister and husband are staying at my home as care takers.
<br />
<br />
<br />
|