The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-04-26
and disposed Of By saId party Of ths ans

dkEtGS u IeUlOV6 All surplus GdEtu dho
material which may fall down during the
work of grading upon said new public
road from the banks between the middle
OF said Sixty--econd street and the mid
die of said Fifty-seventh street. and for a
period OF twelve mouths from the COM
plelion of said grading to remove all sur
plus earth and material which may dur
ing said pei iod haye fallen down between
said points on the new public road. Saia
party of the first part also agrees to slope
the banks on either side Of the said'new
public road between said Fi~fty-seventh
street ana Sixty-second street, to a slope
of one aud a half horizontal to one yerti-
cal[wherever the cutting or excavation In
earth or loose rock exceeds three feet, the
toe of the slope to be on the side lines Of
the hew public road, upon the property OF
such owLcas as shall Civ permission to
have such sloping done prior to the ctin-
pletion OF said grading.
F~ourth-Said party Of the first part
agrees, upon the completion OF the grad
ing, TO curb said new public road, be-
tween said Sixty-5econd street and said
Fifty-seventh street, on the curb lines
thereof, with twenty-inch blue stone
curbing, and to pave the gutter of a width
OF four feet on beth sides OF said public
road. with Belgian blocks.
Fl.th-Said party of he first part
agrees. on the completion of the grading,
~ paw 5diu z PdOllC iOdo Ct"CO
Fifty-ninth and Sixtieth streets, from
gutter to gutter, with the best class OF
Telford macadam pavement.
Sixth-The party of the first part
agrees to dedicate to the use of
the county of Hudson an easement In all
of the l and of the party OF the first
part lying within the lines of the
county road. between Fifty-ninth aud
Sixtieth streets, in said city of Bayonne,
for the purposes of said public road, with
an undergrade crossing OF said railroad.
Such dedication to take effect upon the
adoption by the party Of the second part
Of said grade; provided. that the land so
dedicated shall revert to the party OF the
first part, il said establishment of the
grade shall be annulled or set aside by
judicial authority.
Seventh-The said party of the first
party agrees to construct its railroad
across said new public road upon a bridge
of iron or steel on stone abutments at
least one hundred feet about in such
manne as TO have at least thirteen feet
of clearance at every point above the es-
tablished grade of said new public road,
but said company may support said
bridge by iron columns placed on the
sidewalks at least six inches from the
curb lines of said new public road, said
bridge to be painted with a paint of light
color.
sdlu parry VI tue Secopu
part shall have the right to use the
in Fifty-ninth street, now being con-
structed by the party Of the first part, and
which the party of the first part agrees TO
construct according to the plans pre-
pared and on file with the clerk of the
party of the second part. and said party
of the first part agrees that said W
shall be laid In loose rock.
Ninth-Said party of the first part
agrees to CONSTRUCT two receiving basins
at the lowest point of the grade between
said Sixtieth street and said point one
hundred feet %southerly therefrom. and
two receiving basins at the southerlv
corners of said Fifty-ninth street, and to
connect the same with the sewer to be
the party of the first party, between Six
tieth street and Fifty-ninth street,
and to connect the same with
the sewer now being constructed
by the party of the first part in
Fifty-ninth street, also to construct two
receiving basins at the s%outherlv side of
of Fifty-seventh street. and two receiv-
ing basins at the n%ortherly side Of Sixty
first street, and to connect the same with
the sewer now being constructed In Fifty
ninth street and in said new public road
respectively, by a fifteen inch vitrified
pipe.
Tepth-It is further agreed that all
suits now pending between the parties
hereto shall be discontinued without
costs to either party rs against the other,
and the attorneys of the respective parties
are hereby authorized and directed to
consent to such disc%ontinuance.
Eleventh-It Is further agreed that in
case the said party of the first part shall
fail or refuse to perform this agreement
or any provision thereof on its part, then
and in thai event the said party of the
second part shall have the right to cause
the same to be done, and the amount or
AMOUNT paid therefore 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 refusal shall be
recoverable by said party of the second
part in an action to be taken by said
party OF abe second part in any court of
competent jurisdiction.
Twelfth-This agreement shall apply to
and bind the successors n assigns of
the respective parties.
In witness whereof, The party of the
first part hath caused its corporate seal
to be hereto affixed. duly attested, and
these presents signed by its Vice Presi-
dent by the authority thereof, and the
snid party Of the second part hath caused
its common seal to be hereto affixed. and
these presents to be signed by its Director
at Large under the authority and direc-
ton of a resolution of the Board Of Chos-
ell Freeholders OF the County of HUDSON,
adopted at Il meeting of said Board, helu
at Jersey City, New Jersey, the twenty
fourth day Of March, A. d., eighteen
dured and nineJy-two, a certified copy
whereof IL hereto attached, the day and
year first above written.
Freebooter Noonan moved the report of
the Committee be received and the rec
concentrations therein contained be ap-
proved and adopted.
Question being taken on the motion on
yeas and nays, there voted as follows:
Observation-Disclosures Coyle, Ellis. Hennes.
sey, Kimmerly. Nelson, Noonan and
Ptngsten-7.
Nays-Freeholders German and Tierney
3.
Observation-Disclosures Perry-1.
The Director-at Large declared the mo-
ton adopted.
BY the Committee on New Public Road:
Resolved, That the report of the Com
.mittee on New Public Road, just read, be
approved and adopted, and the Director
at Large of this Board Is hereby author
lied and directed 20 execute the said
agreement. and to attach thereto the seal
of the County of Hudson, aud that said
agreement when executed shall be in
full settlement and discharge of all
questions of difference or dis
Lehigh Valley Terminal Railway, be-
tween Fifty-ninth and Sixtieth streets, ia
the city Of Bayonne, by the new public
road, and OF the litigation pertaining to
the same between said p rites, and that
all suits and proceedings between said
parties now pending. relating i'll any man
ner thereto, be discontinued at once, aud
the attorney of this Board is herewith
empowered and directed 20 Immediately