The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-01-22

construction of said new public road to
adopt, and hereby adopts, said grade as
and for the grade OF said new public
road, for the whole width thereof, be-
tween the Morris canal and FIfty-second
street: subject, however, to the express
understanding and agreement that i'll
case a writ or writs of certiorari shall
hereafter be allowed to review the afore-
said ordidance or contract, and said ordi-
nance Is on such writ or writs set aside,
and the county is compelled to pay any
damages by reason OF the said adoption of
said grade, that then, and in that event,
abe said party of the first part. it's sue
ceSsors and assigns, agrees to pay and
satisfy all damages which may be law
fully assessed or recovered against the
said party of the second part of the coun-
ty of Hudson by reason OF the said adop-
ton of said grade and construction of
said new public road thereon, and fur
Their agrees to indemnify and save harm
less the said county therefrom giving,
however, to said company the right to
take such proceedings, by suit at law or
otherwise, in the name of the county or
otherwise, 10 defend or review, and such
assessment. award or recovery as said
company may deem advisable, but with
out costs to the county,
~Second-The said party of the first
part agrees Tin such construction) to
said grade said new public road from the
Whole width of one hundred feet between
NaO "a - tthN NAA oNSOhNA
street, which grading, so rs the portion
thereof included withing the lines of said
Avenue A is concerned. and as provided
for in said contract, shall be done within
six months from the date of discon-
tinuance of the suits hereinafter pro-
vided for. and so far as the remaining
thirty feet in width OF said new public
road is concerned, shall be done within
three months after the said thirty feet is
acquired, and the said party of second
I ~npf ..- -.---- g.
the purposes of said new public
road, its condemnation proceedings
to that end; aud, provided
Said party of the first part also agrees
to slope the banks on either side Of the
New Public Road of one hundred feet in
width between 52l street and the Morris
Canal, to a slope of one and a half hori-
zontal to one vertical, wherever the cut
ting or excavation in earth or loose rock
exceeds three feet. the toe of the slope to
be on the side lines of the New Public
Road, upon the property of such owners
as the said party of the second part shall
obtain permission to have such sloping
done prior to the completion of said grad
ing.
Fourth-The said party of the first part
agrees to dedidate to the use of the Coun-
ty of Hudson for such New Public Road
all of It's land lying within the line of sail
New Public Road, between 59th n Goth
streets 10 said city of Bayonne.
further, that any time during which said
work may be stayed by any legal pro-
ceedIngs shall be added to said periods,
and all dirt and other materials removed
from said new public road between Fifty
second street and the Morris canal shall
be taken by and disposed OF by said party
of the first part.
Third-Said party of the first part
agrees to remove all surplus earth which
may have fallen down upon said new
public road from the banks between the
Norris canal and Fifty-second street prior
to the acceptance, in writing, of said
grading by the Chief Engineer of said
public road, who shall give such c%ertiti-
cate upon the completion of such grading
and also. at the expiration of six months
from the time of such acceptance, to re-
move all surplus earth which may within
said interval have fallen down between
said points on the new public road.
Fifth-The said party of the fist part
agrees to construct its railroad across
said new public road upon IL bride of iron
or steel or stone abutments at least one
hundred feet apart in such manner as to
have at least thirteen feet of clearance at
every point above the established grade
of said New Public Road, hut said com-
pany may support said bridge by iron
columns placed on the sidewalks Ut least
six inches from the curb lines of said New
Public Road, pursuant to the require
ments OF Chapter 16S of the laws of 1890.
SiXth-The said party of the first part
agrees to pave said New Public Road. be-
tween 59th and Goth streets, from curb to
curb, with the best class of Telford Ma
cadam pavement, the same to be done
under the supervision of the Chief En-
| giueer of the said New Public Road.
Seventh-The said party of the second
part shall have the right to use the Sc wer
in Fifty-ninth street, subject to the rights
therein of the city of Bayonne. which
the said party of the first part agrees to
build under and pursuant to the terms
| and conditions of it's contract made with
the city OF Bayonue, and said party of the
| first part agrees that said shall be
laid in loose rock. in such manner as to
drain the sub.soil Of said new Public
| Road; provided the City Engineer of Bay
onne shall consent TO the use of such
loose rock.
Eiyhth-It is further agreed that all
suits now pending between the parties
hereto relative to the change of grade at
Avenue A, shall he discontinued without
costs to either party as against the other.
ana the attorneys of the respective parties
are hereby authorized aud directed to
consent to such disconLinuance.
Ninth-lJ is further agreed, that in case
the said party of the firsV part Shall fail
or refuse to pert orm this agreement on
their part. then and in that event the said
party of the second part shall have the
| right to cause the same to be done, and
| bu6 iilOuh vi RNN~ hNiNAOh
| shall be a charge against the said party
of the first part. which the said party of
the first part agrees to pay. and upon re-
fusal shall be recoverable by said party of
the second part in an action to be taken
bv said party of the second part In any
court of competent jurisdiction.
In witness whereof, the said party of
the first part hath caused its corporate
seal to be hereto affixed and these pres
ents signed by it's - President. and the
said party of the second part hath caused
its common seal to be hereto affixed ana
| these presents signed by it's Directorate
Large, the day and year first above writ
ton.
Signed. sealed and delivered - in
the presence OF -
Freebooter Noonan moved the commu-
n~ication be received and referred to the
| Committee on New Public Roads in CON
Junction with the Counsel of the Board
and Chief Engineer.
Adopted.
PRESENTATION OF CLAIMS.
Referred to Committee Oh County In-
stitutions:
j. w. Coyle $40 90
900 on
80 on
II A Goc5y 90 90