The Portland daily press., 1900-10-06
Farmland. Maine. Septemper 2lth. 1aOO


! Portland, Maine, September 27th 1900
! To Alderman John >. Frye, Counciimen II
bridge J.. COBB and Arthur h Hunt, special
committee OF The City OF Portland on Mar.
| ginal Way:
10 he Boston & Maine Railroad makes ths
& proposition heremaf er set forth for tbe
Use ana occupancy by IT, for railroad purDOses
o. a portion OF the Marginal Way, namely
hat for the consideration OF the agreements
and stpulauOns hereinafter made. and the
! rights ana privileges nerelna ter granted by
the said City OF Portland the said Railroad
doth hereby promise and agree that the said
Railroad Will continue as hereinafter stated, 10
! occupy, use, repair and maintain sa Marginal
! Way as now constructed, including the mals To-
nance Of the rip rap wall on the n0rIhery
side of said Way, said rip rap wall to be
/ strengthened ana extended from time to time
as required 10 project SAID street. un.n such
time as the city shal have filled The Marginal
Way to its iull width and therea ter to occupy,
use, repair and MAINTAIN as hereinafter stated,
twenty six feet in width on the n0rtherly part
thereof or central part theieo1, II so ordered
by the city.
And the said Railroad further agrees thath
Will cause so mucA OF the space Or tWenIs- six
feet in width of said Way as may be occupied
-Dy its tracks, and twelve inches outside there.
of to be Ranked over all crossings of said
tracks requir III by said city. so as 10 make said
CROSSINGS easy and Satei and SAID Company
further IeeS that it Will plank between It's
tracks, and twelve inches outside thereof
throughout such portion OF its length as msy
he required by said city; and whenever sa
city n III pave said street then SAID railroad
shan cause the whole width OF twenty SIX ieef
TO tc paved or plauked throughout Suen p0r
tiou o. lhe length OF said street as may be so
paved by said city and at the same tlme, ana
viii move ITS tracks to the central part OF said
Marginal Way alter said Way is hlled 10 Its
full width, If so required by SAID clly, and
thereafter 10 occupy, use. repair anu MAINTAIN
said tWeniy SIX feet in width, aud 10 save said
city harmless from al damages OccaSiOned by
any defect or want of repair OF said twentysK
1eet, or by any mana gem ehI OF lraihS or accident
arising in the use and Improvement thereof by
said railroad for which any liability would al
tach to said cit
Said Railroad also agrees to pay TO the said
city the sum Of twenty thousand SIX hundred
dollars ($20 COO in cash on the signing OF this
agreement, anu as further cOns1 Grafton said
Railroad agrees to Dulld in a manner SatSfac
tory to the Commissioner Of Public Works, az
an estimated cost of ten thousand one huncrea
and nlnely-seyea dollars, (SlOl9 when ana as
soon as required by said city after the laying
out of the same by said city, proposed ex
tension of Anderson street. us shown on the
plan hereto annexed, to its int ersectlon with
Washington Avenue near the SOutherly side
of the present bridge on said avenue over SAID
Marginal Way. In addition to the plan attach
ed hereto and made part of this proposition
is a description OF the proposed extension OF
Anderson stseeL to connection with Washin ton
Avenue, with an estimate OF cost to construct
said extension. 1t is agreed that the proposed
extension shall be fifty feet wide and shall be
constructed in accordance with specifications
TO be furnished by the Com nlssi Oner OF Public
Works.
And the said City of Portland does. in con.
sideratiOn of this agreement, hereby grant
said Railroad for so long time si1d Rail-
road may so desire, the right TO occupy, use
until the city shall have filed the said Way
10 its full width, and thereafter to occupy,
use.repair and maintain for said time TWEEN
65-slx feet in width on the northerly spart(or
central part If ordered by the city) of said
W ay and Of the whole length of said Margi
nal Way as it is now filled from land on The
easterly side of franklin street. ,snOW or
formerly owned by the PORTLAND Stoneware
Company to near the Grand Trunk Railway,
and the right TO use treetle to connect
said fiji with the Grand Trunk Railway at
the z. q r. junction, so called. 1t is ex-
a hp1 I'M "a
ed shall be con strued as requiring the
city TO MI any portion OF the Marginal Way.
And the said city agrees that it win per.
NIT SAID right OF way hereby granted to be
occupied, used and lmprOV ed by any other
Railroad, in conjunction with said Boston
~ maine Rallroat, according to the terms
OF any agreement or lease that may be mere
after entered into between SAID Boston
Maine railroad and any other Railroad, not
inconsistent with the provisions of this
agreement, but nothing contained in tins
agreement shall yitiate the rights of the
city TO the occupancy of Yarmouth street
(fOrmerly called Falmouth street,, Ander-
son street, East Commercial street, or the
Marginal Way, or terminate any rights
Wh1ch the city has or may have IN these
streets, or in any street or streets laid out
before the Marginal Way was laid out which
have been or may hereafter be located on
or laid cut across the Marginal Way.
The said city further agrees after the sign
ing of the proposed agreement it viii forth
with discontinue that part OF Yarmouth
street (fOrmerly laid out as Falmouth
streeG on the northerly side of the Margt
!
lngton Avenue, and Will not thereafter re.
locate the same to the same point.
1t being unc erstOOd that after said Way
shall be filled by said city to its full width
! that Sthe rights lhereinDefOre granted and
! conveyed to said Railroad are subject to the
I provisions that said city OF Portland retains
! and at all other times hereinafter shall have
! the power to exercise the full right TO regu
late the speed of trains passing over any
and all parts OF SAID twenty-six feet, be-
tween the terminal aforesaid. and to pro-
h1O1t any train or trains from remaining
stationary at any crossing made by the in
| tersect on of any other street, or any wharf,
with SAID W ay, also to prohibit trains from
remaining stationary in any portion OF said
/ W ay, except tor the purpose of loading
unloading, AMI IN such cases to fix the
length OF time such trains or any detached
cars may remain for such purpose; and TO
enforce amy regulations made by the city
council with reference to the aforesaid
! rights reserved, under such penalties as may
! pc imposed tCr breach thereof, by any Or
ulnance or ordinances what sOeVer.
IL testimony of all which. the said city OF
portland by the undersigned ed a committed
aut .orized for that purpose, and the said
| rallroad by its president also duly author
lzed nave heUeuntO set their hands and the
! respective seals of said contracting parties
on the day and year aforesaid.
PORTLAND & ROCHESTER RAILROAD,
by GEO. z. WEsCorr, President
! For
BOSTON AND MAINE RAILROAD.