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AUgust 2~, 1926.
<br />
<br /> The following comm~oatioms were read from the Oity Manager:
<br /> 1st. Forw~r dod rep~_r t
<br />of the following lots and graves sold in Oak Grove Cemetery during month of July, 1926:
<br />
<br />july 3rd, to W. j. Martin, adult's grave, l~th walk, D. Ave.
<br />7th, M.E. Underwood, N.H. lot.East side j. Ave.'
<br />~th, M~s. W. T. Balentine, N.E. corner of J & C ave., whole lot.
<br />
<br /> On motion of Mm~. Brooks, the Oity Attorney was instructed to draft deeds for the lots
<br />and the proper City Offi~als instructed to sign same.
<br />
<br /> 2nd. "I am forwarding herewi+~h proposed agreement between the City of Portsmouth a~d Mr.
<br />Robt. R. Boston, relative to the construction of a w~ter main to a parcel of land owned by
<br />him in Norfolk Oou~ty and shown on the plat of River Pa~k.
<br />
<br /> T~is contract has'been reviewed by the Oity Attorney who finds that it is ~Lraw~
<br />in proper form and sees r~ objection to it. it is recommended that it be approved and that
<br />the proper officer of the 0ouncil be authorized to sign-it.·
<br /> THIS AGREEMENT, Nude this~h day of ~A~,~ 1926, be~ween the City of Portsmouth, a m~i-
<br />cipal corporation of the .State of Virginia, pasty of the first part, and Pmbert R. Boston,
<br />pa~ty of the second pa~t,
<br />
<br /> ~EREAS, The party of the second part is owner of a p~rcel of la~ in the Comnty of
<br />Virginia, which has been subdividied into building lots as show~ on the plat of River Park,
<br />recorded~in the Clerk's Office of Norfolk Coumty, iA M~p book L~, pag.~s 33 and 3~, a~d desires
<br />that the .City-'Of ~ortsmouth shall furmish water to ss~td territory;
<br />
<br /> .W]~REAS, The party of the second part has agreed to pay the cost of laying a two inch
<br />water main from the' intersection c~ Detroit Street and Hamilton Ave. in the City of Portsmouth,
<br />across N~Lll Oreck and across the Harlow f~m to the R~ver Park tract and on certain streets
<br />in s~id tract as show~ on attached blue print..
<br />
<br /> NOW, T~REFORE, THIS A~REEMENT WITNESSETH: That in consideration of the premises and
<br />the mutual co,chants and s~eements on the part of the said parties hereto, the said party
<br />of the second part covenants and agrees as follows:
<br />
<br /> First: To pay all cost of construction and layi~g thesaid two inch main as shown on
<br />attached blue print a~d made a part of this agreement, the work to be done. by the Water Depart-
<br />ment af the Oity of Portsmouth. The said water main when laid shall be the property of and
<br />under the exclusive control of ~he City of Portsmouth.
<br />
<br /> Second: If any additio~l mains are desired by the party of the second part, the same m~y
<br />be laid provided the size, material and location of smch mains are approved by the psmty of the
<br />first part; all costs of construction and laying s~ch mains shall be paid by the party of the
<br />second part, the work to be done by the Water Department of the City of Portsmouth.
<br />
<br /> Ail such mains shall be the property of a~d under the exclusive control of the City cf
<br />Portsmouth as soon as comDleted.
<br />
<br /> Third: The said party of the second part shall obtain aud convey to the City of Per%s-
<br />mouth without Charge a.ll necessary rights o~ way over and across a~l property not owned by him
<br />for laying said water main, and will grant and does hereby grant and convey unto the said City
<br />of ?o~smouth aA exelm~.i~e and perpe-t~al easement and right of way in a~d along all streets
<br />aA~amAeys o~ the tracm,~nown as River Park, for the purpose of laying, ma~taining and re-
<br />pairing water pipesamdmains and necesssmy appurtenances thereto ~or the supplying~ofwater.
<br />
<br /> Fourth: As the proposed main will cross farm land not yet platted or laid off into
<br />streets the party of the second part agrees that i~ in the fm$~e the owners of such land
<br />should cancel the right of way a~i require the pipe to be removed, or water shut off, cr~in any
<br />way interrmpt the water service throngh the main, the party of the second part will immediately
<br />at his expensein asimilar manner ooaneot the water main on the tract known as River Park,
<br />with the water main of the City of Portsmouth at some other paint on a public thoroughfare
<br />rD_rough which satisfactory service maybe obtmined.
<br />
<br /> Fifth: The rates t~ be charged for water supplied in said territory shall-be the same
<br />as are now or may be hereafter fixed by the City of Portsmouth as applicable to consumers ou~-
<br />side the City, and all taps, service pipes, fix~es, etc., are to be made and inszalled in
<br />accordance with the City Ordinances.
<br />
<br /> Sixth: That the said two inch main is of unmsual length for such size, and is for a
<br />temporary supply only, and the City of Portsmouth is therefore not responsible for the class
<br />cf service or adequacy of the water supply to consumers tt~voug, h said main; if the supply
<br />sh~uldprove inadeqma~e to consumers who may con, eot with the main, the said party oft he
<br />second part will make such furthe~ additions and connections*as may be necessary to give a
<br />satisfactory supply of water.
<br />
<br />Witness the following sl~n~t~Lres and seals:
<br />
<br />ROBERT R. BEATON,
<br />
<br />CITY OF PORTSMOUTH
<br />
<br />Ses/:
<br />Attest:
<br />
<br />By
<br />
<br />President of City C~u~cii.
<br />
<br />Oity Clerk.
<br />
<br />
<br />
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