Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-22

pany the construction OF SAID road from
Cumberland TO the city OF Wheeling
but if from good causes appearing to
them sufficient, the General Assembly
of Virginia shall grant further time to
the company to complete said road, then
such extended time shall be considered
as included in the terms OF this agree
ment.
And finally, it is agreed between the
parties hereto, that il from any cause il
shall so happen that the said road shall
not be made within the time so pre-
scribed or extended, then and i'll such
case the damages sustained by the said
city of Wheeling shall be considered as
Hquidated, comprising; l. The subscrip-
ton, which may be paid with interest
thereon from the time of Its reception by
said company. .. The actual cost OF
depots bought under the first article OF
this agreement, with interest thereon
from the time OF its pay
ment by said city; and upon
payment OF such damages the said
depots shall become the property OF said
railroad company.
And the committee of the b. & ..
railroad company agree on their part to
use the proper means 10 convene a
meeting of the stockholders OF said COM
pany at as early a day as practicable,
after being duly notified OF the ratitica-
ton of this agreement on the part OF
the city of Wheeling, and to recommend
to said stockholders, when so convened,
the acceptance of the conditions above
referred to, on which the agreement
aforesaid on the part of the city OF
Wheeling is to become obligatory on
said city.
1t being the intention OF the parties
to this agreement, among other things,
TO secure to the city of Wheeling the
practical benefits OF the western ter
minus of the b. & o. railroad, according
to the provisions OF said law, il is un-
derstOod that the instrumental surveys
and estimates neCessary todetermine the
route to be adopted between Piles Fork
ofBufalo and said city, shall be made and
the route decided upon as soon after the
ratification of the above proposed
agreement by the City of Wheeling and
the b. & o. r. r. Co., as the said Com
pany shall find convenient to cause the
same to be made.
[Slgned by the Committees for both
parties.
And whereas at meeting of the
Council of the City of Wheeling held on
Saturday, the 10th day OF July, 1877,
the said agreement as above rected was
submitted and having been read and
duly considered it was by said Council
resolved that said agreement be ratified,
approved and confirmed, and that the
same shall be binding and obligatory
upon the city of Wheeling upon the
terms and conditions in said agreement
contained as herein before recited and
set forth; and that the Mayor, for and
on behalf of, and under the common
seal of, said city execute said agree
ment, and that after the same shall have
been recorded in the register OF contracts
it be forwarded to the President OF the
b. 4 o. II. r. Co.
Now, therefore, |, William w.
Shriver, Mayor of the city of Wheeling,
in pursuance of the resolution of the
Council of said city, hereinbefore re-
cited, have executed the said agreement
for and on behalf OF the said city OF
Wheeling. In testimony whereof
have signed these presents as Mayor,
and have hereuntO affixed the common
seal of the said city of Wheeling this
10th day of July, lS47.
TSignedl WIN. w. SHRIvER,
Manor.
MEMORANDUM OF AN AGREEMENT
Made and entered into this 18th day OF
February, 1852, by and between the
city of Wheeling, on the one part, and
the b. d o. X. r. Co. on the other
part:
The city shall duly execute and de-
liver its bonds TO said company for the
principal sum of $4,000, bearing inter
est from date at the rate of 6 per cent
per annum, the principal to be payable
in five equal instruments, and the inter.
est semi-annually. Said bonds shall
each be for the principal sum of $1,000
and shall bear date and be delivered
whenever the railroad company shall
have acquired TO the ground for the de.
pot hereinafter mentioned:
The railroad company shall accept the
bonds so to be delivered, in full satisfac'
ton and discharge of the agreement OF
said city to procure for said company,
free of all expense to said company, suit
able and sufficient ground, TO be APP
proved by the company, for depot al
which to receive and discharge passen-
gers and freights, not exceeding two
acres, on the north side of Wheeling
creek in said city.
The railroad company shall at its
own expense purchase or otherwise
acquire title to the ground not
less than one acre and quarter
for the depot To be established by them
in the northern side Of Wheeling creek,
onthe city of Wheeling, and erect depot
thereon for the delivery of passengers
and merchandise in a reasonable time,
TO meet the wants and purposes OF said
road
Should the railroad company acquire
title pursuant to this agreement TO any
ground in the cityof Wheeling, bounded
by or extending into Wheeling creek or
the Ohio river, said company shall
without charge, convey TO said city so
much of such ground as shall after the
said company shall have improved the
property on the plan contemplated, ex-
tend from the top of the creek or river
bank into said creek or river, with all
rights of wharfage pertaining thereto,
not to include, however, any ground
which shall be requisite for the abut-
ments Of the bridge across Wheeling
creek to be erected by said company.
If the railroad company shall desire to
use the same tor the depot so to be
established the city shall relinquish TO
said company its right TO so much OF
South street as lies between the division
line of lots and 8 in the 18th square,
and Water street, and TO a portion Of
Water street, as follows, viz:
II said depot be extended nOrthward
10 Quincy street, then the eastern pOr-
ton OF Water street, 80 feet wide, ex-
tending from Quincy to South street I;
but if said depot should not he extended
as far north as Quincy street, then TO
the eastern portion of Water street Go
feet wide extending from the north end
of said depot to South street, street OF
not less than so feet in width TO be
opened by said company from South
street to the north end of said depot.
And should said depot not extend to
Quincy street then another street ofnOt
less than 80 feet width along the north