The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-09-07
To BEGIN WORK AT ONCE
NO FURTHER DELAY ON THE BAY
STREET EXTENSION.


The City to Go Ahead in Spite of Mr.
Exley's Refusal to Sign the Papers
for the Right of Way-The County
to Begin Its Part Of the Work I'm
medietely - The Trouble Between
MIR. Ezley and the City.
County Commissioner Read. chairman of
the county road committee, said last night
that the trouble over the Bay street extern
sion has been adjusted, and the work on the
county's part Of the extension will begin at
once.
Commissioner Read, on the authority of
the commissioners, purchased a working
equipment at n cost OF $3.50, which will
be put on the work, the county
under the terms of the agreement beginning
at the waterworl1s road and working west
ward The county forces would have gone
70 work last week had there not been a
hitch in the matter growing out of thu
declination of llr. Exley to sign the papers
giving the city right of way through his
lands
The extension of the street to the Au-
gusta road is to be done jointly by the city
tations for the right Of way with MIR.
Exley some time ago. Mr.. Exlev and his
attorney held conference with
the city council and the corpora
ton attorney on May IA. At this
meeting Mr.. Bxley's proposition rela-
tive TO the extension Of Bay street,
through his lands was put in writing by his
attorney.
THE AGREEMENT WITH Mr.. EXLEY.
A conclusion was reached, and the
proposition was thoroughly agreed
upon, was read over in the presence of Mr.
Exley and his attorney, and the city
authorities and their attorney, and was
ratified. 1t was then, under a resolution of
the council, referred to the corporation
attorney and MIR. Exleys lawyer, for the
purpose of executing formal agreement,
embodying the terms and stipulations of
the proposition.
The corporation attorney prepared an
agreement and submitted it TO MIR. Exley's
attorney, who made some objection 10 the
form, but none affecting tho substance of
the agreement, and who drew another
agreement, which was accepted by the cor
poration attorney, as it was in substantial
conformity with the written proposition
accepted by council. The corporation at
torney has this agreement Endorsed in
writing by Mr.. Exley's attorney as being in
substance the paper contemplated by Mr..
Exley. The corporation attorney made
copies of this paper prepared by Mr.. Exley's
attorney, In duplicate, and returned them
TO him with the understanding that Mr.
Exley would sign them at once.
WANTED THE AGREEMENT CHANGED.
The last of June, Mr.. Exley, through his
attorney, notified the corporation attorney
that unless it was stipulated in the contract
that the city twas to ACQUIRE and
have ready for actual use the ways
east and west of his land by
Nov. next" this being fixed as the limit
be would not sign. This was an entirely
new stipulation 50 far as council was con
cerned. 1t was not stated in the written
proposition, the corporation attorney says,
was not mentioned at the meeting Of coun-
Gil, and was not referred TO In the agree
mont prepared by Mr.. Exley's attorney.
The corporation attorney at once notified
MIR. EXley's attorney that he was not
authorized to add this stipulation to the
agreement and that it was not authorized
Or contemplated by the written proposition.
The council was notified Of the contents of
this letter, and of the reply of the corpora
ton attorney, and ratified the reply
The paper has never been sigaed by MIR.
EXley, the corporation attorney SAYS,
simply because lie has refused to sign. The
council, however, takes the position that he
IS bound by 1t just as if he had signed it,
and at the last meeting a resolution was
passed that the county commits oners be
notified that the city would proceed Just as
soon as it could under the terms Of the
agreement. That has been done.
WHAT THE AGREEMENT IS
The agreement between Mr. Exlev and
the city IN brief is, that Mr.. Exley will CON
vey to the city for the PURPOSES of a street.
right of way 80 feet in width through his
land on the line of the continuance of BAY
street westward as soon as the city shall
have acquired right OF way of the same
width between the present western limit Of
Bay street and Mr.. Exley's lands, and as
soon as the county shall have acquired
similar right of way from the western line
or Mr.. EXIey's lands, and in straight line
with Bay street extended TO the Augusta
road; that he city in grading will make no
cuts through Mr.. Exley'S land, but will
raise all low places through which the
street shall pass. 1t also stipulates for I'M
der or covered drains N lieu of bitches: for
certain character of fence on both sides
Of the right of way, for the reservation of
the right in Mr. Exiey to claim and collect
damages for any use Of any part Of the
right of way granted, should it be used for
any railroad for the passage of cars pro-
PEELED by steam. Il particularly STIMULATES
that no part of the right of way is to be
used by the city until the county shall
have acquired similar right of way
from the Augusta road to the
western line of MIR. Exley's land 1t also
states that the lands are under q lease until
November next, to which lease the agree
ment is made subject.
NO LIMIT MENTIONED.
No limit of any kind is mentioned
in the agreement. With the per
mission of the lessees, the lease need
not cause any delay, and it is understood
that they are willing to give the necessary
permission. A copy of the agreement has
been forwarded to the county commission.
ers with the notification that the CITY pro-
poses to proceed as soon as it oan under its
terms.
What the outcome will be remains to be
seen. The city believes that Mr.. Exley is
bound by his agreement the same as if he
had signed it. Mr. Exley's refusal to sign
1t is an indication that the case will be car
ried into the courts if the city goes on with
the work.