Minutes 06/03/1924 - Laserfiche WebLink

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J~e 3, 2.924 ~.AS, ~the said party of the second part desires to extend PErk Road through the land of said City so as to connect the same with the land owned by it, a~ud has agreed to purchase from said City an easement across its land for t~hat purpose, and to perf6_~n certain coverage, ts and undertakings in consideration of the grant of said easen~ent. ~EOV~, TPIEREF~ 0~w~, THIS AGP~TE~ ~tTt~ESSETH, T_~at in considei~ation of th~ su~ of -$~4~. 92/100 cash~in hand paid, the receipt whereof is ~er~by acknowl~dEed, and the Covenants and agree- ments on the part of the said party of the second part herein set forth, th~ said party of the first part doth grant unto the said party of the second part an easement or rig~ht of way as a read,ray over a certain strip of land forty (40) feet wide extending across the land off the said party of the first part from the ~end of Park Road, extended, to the is. nd 5f the s~id party of the second part at or near the end of a street sho~ on the plat of land of the party of the second part; ~he said strip of land b~ng shoran in red upon the ~plat hereto attached and .made a part of this agreement and to which reference is heresy ~-~de so_ a further des- cription of said l~nd; the said easement to continue so long ~as the same is used as a roadway and so long as none of the covenants and undertakings nerezna_ter set out are not violated by the said party of the second part or its assignees or successors in title to said land ~nd all parts thereof, or hy any persons, firm, corporation, quasi-corpOration or government upon whom the obligations respecting the performance~.~of said undertakings n~ff devolve by con- tract or law. In consideration of the grant of said easement the said party of the second, its successors, and assigns covenant and agree as follo~s: l- 2hat the bridge which the said party of the second pa~t proposes to build over the ravine in and adjoining said land s_hall be built in accordance wi~h ~he plan~ ~s shown on s~id plat hereto attached ~nd the City of Portsmouth shall be put to ~o expense for the con- s~ruction and maintenance of said bridge. 2- That the said bridge and road~w~y shall be the property of the said_party of t~e second part ~nd shall be constructed and m~intained~ at its expense, and the City of Portsmouth shall have no rigdat therein other thegn in any other land dedi~cat~d as a public thoroughfare unless it takes possession thereof ax~ter the same is reverted under the terms of this agreeme_nt, Z- That the said party of the second ps,vt covenants a~ud agrees to protect and save harm. less the said City of Portsmouth or its officials against all~ Suit~ ~s~ud 'd~ges Which may be brought or' sustained by the~ said city by reason of the co~nstruction, existenae and maiutenance of said road and bridge. &- That no house shall be occupied upon the land now o~ned by the party of the second part and which is ~oeirfg devel'~ped ~muto ~buil~ing sites until the said~ house has been connected with the sewerage system o~ the City cz Sufiol~ 5- All the drainage from the land which~ is being developed into building siteS, including that from all streets, r~ads and private pr~operty, is to be diverted so as to enter the ravine lying directly between the property of the ~.eside Park Corporation and~ the Baker-Prentis Property, {st~cve the mouth of the said ravine~ such drainage to be diverted as ra~id!y as the streets are located and graded on the property of the party of the S~cond paris it being ti~e purpose of the parties hereto that the said drainage shall De made to flow away from the ~ain body of Lake Kilby. Witness the following signatures an& seals: CITY OF PORTSEOUTH, By President Attest: City Clerk~ Attest: H0i~E BUIi~NERS ~ND Fi~IANCE CORPORATION. STATE OF VIRGINIA City of Portsmouth, to-wit: I, R. C. 'Barclay, a C~_mmissioner in Chancery for the CourIof Hustings for the city a~ores.~id~in the State of ~i~ginia, do certify tha%~Rober~o~. ~ichimS, President Of the City Co4~ncml om the City of Portsmouth a~ud L.- C. Brinson, City ~ler~k of~ the City_oF Portsmout~ whose na~es are signed to the ~riting above bearing date on the 3rd day of June, 1924, have~ acknowledged the said before me in my city aforesaid. Given ~uder my hand this 3rd day of June, 1924~ Oomnissionsr ~ i~~ ~hancery, STATE 0F VL-QGL~-IA, City of ,~ufioLk, to-wm.. , a Eotary Public for the C~oy aforesaid in the State of