The Portland daily press., 1900-10-04

Portland, Maine, September 2Tth. 1900.
10 Alderman John j. Frye, Councilmen El-
bridge l.. CObb and Arthur X, Hunt special
committee OF The City OF Portland on Mar
glnal Way:
r HE Boston & Maine Railroad makes the
proposition hereinafter set forth for the
Use and occupancy by il, for railroad purposes,
Cl portion OF the Marginal Way, namely
hat tor the consideration OF the agree ments
and stpulatlOnS hereinafter made. and the
rights anu privileges hereina ter granted by
the said City of Portland, the said RalrOad
doth hereby promise and agree that the said
Railroad Will continue as herena ter stated, to
occupy, use, repair aud maintain sa d Marginal
way as now constructed, including the mail te-
nance OF the rip rap wall on the northerly
side OF said Way, said rip rap wall to be
strengthened and extended from time TO time
as required to protect said street. until such
time as the city shan have filled the Marg nal
Way to It's tull width; and therea ter to occupy,
use, repair and MAINTAIN as hereinafter Stateus
twenty.Six feet in width on the nOrtherly part
ghereof or central part thereof, If SO ordered
by the city.
And the said Railroad further agrees that it
Will cause so much of the space or tWenTy-s1x
feet in width of said Way as may be occupied
by its tracks, and twelve inches outside there
OF, to be planlxed over all crossings of said
tracks requsr 5d by said city, SO TO make said
CROSSINGS easy and safe; and said Company
further ,rees that 1t Will plank between It's
tracks, and twelve inches outside thereof.
throughout such portion of its length as may
be required by said city; and whenever said
city sh III pave said street, then said railroad
snail cause the whole width OF twenty six teeG
TO be paved or planked throughout such por-
tOn OF the length of said street as may be so
paved by said city and at the same tlme, ana
will move its tracks to the central part OF said
Marginal Way alter said Way is hlled 10 it's
full width, ii so required by said city, and
thereafter to occupy, use, repair and MAINTAIN
SAID twenty six feet in width, and TO save said
city harmless from all damages OccasiOned by
any defect or want OF repair of said tWenty-Slx
1eet, or by any mana cement OF trans or accident
arising In the use and Improvement thereof by
Sald Railroad for which any liability would at
tacn to said cit
Said Railroad also agrees to pay to the said
city the sum Of twenty thousand six hundred
dollars ($20 600 in cash on the signing OF this
agreement, and as further cOnsI ierauOn said
Railroad agrees to Dulld in manner salisfac-
tory to the Commissioner OF Public Works, at
an estimated cost of ten thousand one hundred
ana nlnety-SoVea dollars, ($1O 197) when and as
soon as required by said city after the laying
out of the same by said city, proposed ex-
tension Of Anderson street. as shown on the
plan hereto annexed, to its in ntarsectOn with
! Washington Avenue near the southerly side
i of the present bridge on said avenue over said
! Marginal Way In addition to the plan attach
ed hereto and made part OF this propOslllons
! is description OF the proposed extension of
Anderson stseeJ to connection with Washn 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 specihc ltiOns
! TO be furnished by the COmmlSSi Oner OF Public
Works.
And the said City of Portland does, in con-
Slderat1On of this agree ment, hereby grant
said Ra1lrOad,fO so long time as said Rail-
road may so desire, the rig { to occupy, use
and improve said Way as now constructed
until the city shall have filed the said Way
TO its full width, and thereafter to occupy,
use,repair and maintain for said time twen-
6y-six feet in width on the north erlys yspart(Or
central part if so ordered by the city)Of said
Way and of the whole length of said Margi-
nal Way as it is now filled from land on the
easterly side of Franklin street, now or
formerly owned by the Portland StOneware
Company to near the Grand Trunk Railway,
said iii with the Grand Trunk Railway at
the p. q r. Junction, so called. 1t is ex-
presslY agreed that nothing herein contain
ed shall be con strued as requiring the
city to fill any portion of the Marginal Way.
And the said city agrees that 1t will per-
nit said right of way hereby granted to be
occupied, used and imprOv ed by any other
Railroad, in njunctiOn with said Boston
Maine Raflr Oa1, according to the terms
of any agreem ent or lease that may be here
after entered into betw ZEN said Bo ston &
Maine Railroad and any other Railroad, lot
inconsistent with the provisions of this
agreement; but nothing contained IN this
agreement shall vitiate 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
which 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 out across th Marginal Way.
The said city further agrees after the sign
ing of the proposed agreementi it VIII forth
with discontinue that part of Yarmouth
street (formerlv laid out as Falmouth
nal Way, extending from said Way to Wash
ingtOn Avenue, and will not thereafter re-
locate the same to the same point.
1t being unG erstOOd that after said Way
shall be filed by said city to its full width
that sthe rights lherenbefOre granted and
conveyed to said Railroad are subject to the
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-
hibit any train or trains from remaining
stationary at any crossing made by the in
tersectiOn of any other street, OF any wharf,
with said Way, also to prohibit trains from
remaining stationary in any portion of said
Way, except Tor the purpose of loading or
unfolding, AMI in such cases to fix the
length of time such trains or any detached
cars may remain for such purpose; and to
enforce any regulations made by the city
council with reference to the aforesaid
rights reserved, under such penalties as may
be imposed for breach thereof, by any or
dinance or ordinances what sOeVer.
IL testimony of all which, the said city of
Portland by the undersigned, committee
authorized for that purpose, and the said
railroad by it's president also duly author
lied, have hereuntO set their hands and the
respective seals of said contracting parties
on the day and year aforesaid.
PORTLAND & ROCHESTER, RAILROAD
bu WESCOTT