|
ny 25, 1926.
<br />
<br />Hon. Oity Council,
<br />Portsmouth~ Va.
<br />
<br />"Portsmouth, V~., N~y 25, 1926.
<br />
<br />Dear sir:--
<br />
<br /> I am returning herewith a contract with the Atlantic Coast Line Railroad 0ompany
<br />in reference to laying pipes under its tracks where the same cross Florida Avenue. This contract
<br />was referred to me at you~ last meeting. Owing to the fact that the railroad owned this right
<br />of way before the street was dedic~ted I think it proper that the city should sign the.agree-
<br />merit. I have inserted a clause providing that the Oity of Portsmouth does not relinquish any
<br />rights which it m~y have in Florida Avenue.
<br />
<br />Very truly yours,
<br />
<br />R. 0. BA.ROLA¥, Oity Attorney.,
<br />
<br />The following is the~agreement:
<br />
<br /> "This Agreement, Ma~e and ?ntered into this day of , 1926, by and between
<br />the Atlantic Coast Line Railroaa 0ompa~uy, a co~poration created and organizedunder and by
<br />vir~t~ae of the laws of the State of Virginia, hereinafter, for convenience styled the Railroad,
<br />the first party, and the Oity of Portsmouth, Virginia, a munci~al corporation under the laws
<br />of the State of Virginia, the second party:
<br />
<br /> WITNESSETH: That the Railroad, for and in consideration of the sum of One Dollar to it in
<br />hand paid by the second party, the-receipt whereof is hereby acknowledged, and the performance
<br />of the covenants herei~fter contained on the part of the second party, does hereby give and
<br />gr~ntunto the second party the right and privilege to lay and m~intain, for +~he purpose of
<br />a storm sewer, a line of 3C-inch cast iron pipe across the right ef way smd underneath the
<br />tracks of the Atlantic 0cast Line Railroad at Florida Avenue, Portsmouth, Virginia, at a point
<br />1902 feet northeastwardly, measured along the center line of the main track of said Railroad,
<br />from Mile Post 2 (from Pinners Point); the said pipe tc be on a line parallel with the boundaries
<br />cf Florida Avenue and at such depth below said tracks as meets the ~pproval of the Engineer
<br />Maintenance of Way of the Railroad; the said pipe being shown in red on blue print attached
<br />hereto and made a part hereof; the said right of way being 50 feet.wide, i.e., 25 feet on each
<br />side of the said center line:
<br />
<br /> And %~ae ~e¢6nd~ party hereby covenants and ~greee with the R~ilroad in consideration there-
<br />of, as follows:-
<br />
<br /> (1) That the second party shall lay and maintain said pipe-- in a mar~uer satisfactory
<br />to the Engineer Maintenance of Way of the Railroad a~d molas not to interfere with pipes or
<br />othe~ structures rig? in place; and in the event that the said pipe-- shall become in ~eed of
<br />repamr~, the secona pe~rty shall repair same upon notice given by the said engineer, and upon
<br />the~failure of the second party to make such~epairs, the Railroad may make all necessary re-
<br />p~i~s, but at the cost of the second party, which said cost the second party hereby agrees and
<br />promises to pay on d~mand.
<br />
<br /> (2) That the second party shall assume entire responsibility Tor all damages caused in
<br />any manner by the ssdd pipe-- to the property or employees of the Railroad or to any other per-
<br />son or property; and that the second party shall protect and save harmless the Railroad from any
<br />and all damages and losses cause~ in any ramnner from the said pipe~, however resulting.
<br /> (3) That the secand party will at any time, upon thirty days written notice given by the
<br />Railroad, change and alter the location of s aid pipe~ to conform to any changes or improvements
<br />that may be made by the Railroad in its tracks or roadway at said location.
<br />
<br /> It is expressly understood and agreed that no assessment shall-be made against the Railroad
<br />to cover the cost (or any part thereof) of construction and/ or maintenance of said pipe, in-
<br />eluding material, labor, and any other item of exgense incident thereto.
<br />
<br /> It is understood amd agreed that this contract shall not be binding until it has been rati-
<br />fied by proper ordinance or zesoluticn of the City 0ounoil of the second party, a copy of which
<br />re~lution o= ordinance is attached hereto and m~de part of this agreement, and that the 0ity
<br />of Portsmouth does not relinquish any rights it may have in Florida Avenue.
<br />
<br /> IN WITNESS WHEREOF, The Railroad has caused this agreement to be signed in duplicate by its
<br />~ro~r ~fi~e=; .and the s~con~ pa~.~.has, caused the ~ame to be'signed by its Mayor, attested
<br /> y ~s u~erm, an~s~pprovea aaa ~a~iz~ed Dy its City uounoil, in session at a duly authorized
<br />and-omlied meeting of said body, and its corporate seal affixed on the d~y and year first above
<br />written.
<br />
<br />ATLANTiO COAST LINE P~AILROAD 00MPAN¥,
<br />
<br />Witness:
<br />
<br />By
<br />
<br />Attest:-
<br />
<br />Olerk.
<br />
<br />0ITY OF PORTSMOUTH, VIRGINIA,
<br /> .
<br />
<br /> Mr. Brooks moved that the agreement be adopted as of this date, and that the following
<br />resolution be adopted:
<br />
<br />"Be it resot~,~d by the Ma~or and Councilmen of the City of Portsmouth, Virginia, in council
<br />
<br />
<br />
|