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October 12, 19~
<br />
<br /> That, Whereas, under an agreement dated Ju.ly let, 1892, -between the Norfolk and .Carolina
<br />Railros~l Company (one of the predecessor companmes of the Atlanti~ Coast Line Railroad Com-
<br />pany) and the Portsmouth and Suffolk ,Water Osmpany and the Nansemon~ ,Water 0ompany, there
<br />was constructed en property of the said Norfolk and Oarolina Railroad Company at Suffolk, Va.,
<br />a 20-imeh cast iron water main extending along the southeast portion ef the right of way of
<br />said R~ilroad Oompany between the Norfolk & Western Railway and the Seaboard Air Line ~Pm~ilway,
<br />and also across said righ~ of way and underneath the tracks of .~ae Railroad at two locations
<br />near the Norfolk & Western Railway, all as hereinafter described; anal
<br />
<br /> ~hereas, under an agreement dated August 23rd, lgl~, between the Atlantic Ooast Line
<br />Railroad Company, the United States of America, and the City cf Portsmouth, Va., there, was
<br />constructed on property of the Atlantic 0cast Line P~iiroad Company at Suffolk, Va4 ,~ a line
<br />of 3C-inch wood, .stave water main along the southeast portion of ~e said right of ~a of the
<br />Atlantic Ooast Lane RailrOad between the said Norfolk ~ Western and Seaboard Air LineY~ilways
<br />and also across the said right of way and underneath the tracks of the Atlantic Ocast Line
<br />Railroa~ near the sai~ Norfolk & ~estern Railway, all as hereinafter particu,l~rly described;
<br />and
<br />
<br /> ~A~, the said City of.Portsmouth is now the owner of aD~t is m~intaining and operating
<br />all of said water mains, and Whereas it is the desire of the parties berets ~hat all of said
<br />water mai~ be covered by one agreement;
<br />
<br /> NOW, THEREFORE, the. Railroad Company, for and in consideration of the rents or sums of
<br />money hereinafter agreed to be paid by the Licensee, and of the covenants and agreements
<br />hereinafter made a~ud. contained on the part of. the Licensee to be kept and performed, doth
<br />hereby operate, the said pipe lines along and across the right of way and underneath the track
<br />of the.said Railroad Compe~uy at Suffolk, Va~, at locations par~ieul&rly described as follows
<br />to-wit.- . ~J . ~. ' ,
<br />
<br /> F~RST: A'lind'of 20-inch cast iron pipe entering on said right Qf way st or near the
<br />south boundary of the right of way of the Seaboard Air Line. Railway 26~ fee~ northeastwardly
<br />
<br />from Mile Post $19 (from Pimuers Point); extending thence southwest~ardly pa=
<br />~2 feet southeastwardly from the center line cf the main ~rack of the Railros
<br />tan.es cf~ approximately 53~ fe~t to~e right ef~way of ~he Norfolk & Westerz
<br />wesm~dly across ~d ~derne~h Sh~ ~r~ks ef the Railroad Oo~y ~d inter
<br />line of the Raimond Gomp~y,s main track at a po~ 2700 fee~ sou~hwestw~d~
<br />
<br />allel with ami
<br /> Company, a dis-
<br />Railway; thence
<br />setting the center
<br /> from said Mile
<br />
<br /> SECOND: a line of 20-inch cast iron pipe extending across and underneath the tracks
<br /> of the Railroad Company at a point 2?20 feet southwestwardly from'said Mile P~st, measured
<br /> alozzg said main track.
<br />
<br /> THIRD: A line of 30-iuch weed stave pipe enterimg on s~id right of.w~y at or near the
<br /> seu~.be~undary line of the right of way of ~he Seaboard Air Lime Railway 2~ feet northeast-
<br /> waraly zrom said Mile Post ~1~; extending thense southwestwardly parallel with and ~ feet
<br /> scutheastwardly from the-center line of the main track of the Railroad, a distance of~approxi_
<br /> ma~ely 53~2 feet to the right of way of the Norfolk ~ Western Railway; said line of 3~,inch
<br /> pipe including a concrete culvert in which it passes underneath a spur track ef the Ra~lroa~
<br /> Company which springs f~om the said main track of the Railroad Oompany just seuthwest~of said
<br /> Nile Post ~1~; said line of 30-inch pipe being a wood sta~e pipe except portions underneath
<br /> the railroad ~racks which are cast iron.
<br /> Ail ofsaid pi~e ~ines being more full~ shown in red on the blue print hereto attached
<br /> and made apart Hereof, the southeast boundary line of said right of way of the Railroad Gem-
<br /> party being parallel with and 50 feet from the center line cf the Railroad Company,s main
<br /> track; said right of way at the locations where said pipe lines ~crcss the said main track
<br /> being 50 feetwide on each side of the said center line.
<br />
<br /> And Licensee hereby eonvenants and agrees in consideration thereof:
<br />
<br /> FIRST: ~t Licensee' will yield and' pay uuto the Railroad Compamy the annual rent or
<br /> s~um of One Hundred D~llars ($100.00) payable at the beginning of each and every year or fractinm-
<br /> al part thereof during the contimmanse cf :this agreement.
<br />
<br /> SEGOND~ That Licensee will not use said pipe lines for any purpose other than as wa~er
<br /> mains a~d .will ~O't assig~ this agreement er suffer or permit any other person or corporation
<br /> to use said pipe lines without the consent in writing of the Railroad Oompamy.
<br />
<br /> THIRD:. That said pipe lines including said culvert~ shall be maintained at the cost
<br /> and expense, ef ~he Licensee and in accordance with good Practice and to the s~tisfaetien of
<br />~he Engivee~tenanc? o~ Way.of.the Railroad Company, it being expresstyunderstoed that
<br />ny repazrs C~ona~es:mo ~e maae~zn the portic~s of said pipe lines underneath said tracks
<br />shall be performedby Licensee under the sttpervision of said Engineer or his representatiEe
<br />and in such manner as Will no~ interfere with or~i~ndanger the traffic of the Railroad Oom~any
<br />or employees Of the Railroad Company engaged in ~ne handling thereof.
<br />
<br /> FOURTH: That the Licensee shall at a~y time on thirty days written notice given by the
<br />Railroad Oompany and at Licensee's expense make any changes in the said pipe lines that may
<br />be necessary by reason of any changes cr improvements that may at any time be made by the
<br />Railroad Company in its tracks ~r reexlBed at the 'locations abo~e described, er by reason of
<br />the constr~¢tion of any additiena~ track or tracks.
<br /> FIFTH: That Licensee shall maintain saidpiPe lines in suehmanner as not to interfere
<br />with the proper drainage of the Railroad Oompany,m right of way smd will make-a~'Licensee,s
<br />expense such changes in said pipe ii,es as may be. found necessary to eliminate any interference
<br />with the [ra!~age of said right of Way, or, as may be fo~md necessary by reason of any
<br />chsz~e in the~ of the Railroad Company, or as may be' necessary for the present or future
<br />operation
<br />
<br />
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