The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-10-08

ana sent up for concurrence.
IN Board OF Mayor and Aldermen.
Read, accepted and recommends tions adopt
ed In concurrence.
Portland, Maine, September 27th, 1900
TO Alderman John j. Frye, Councimen FL
bridge l.. Cobb and Arthur X. Hunt, special
committee OF the City OF Portland on Mar
ginal Way:
Il He Boston & Maine Railroad makes the
proposition hereinafter set forth for the
use and occupancy by it, for railroad purposes
Ga portion Of the Marginal Way, namely
hat for the consideration of The agree ments
and stpulati0nS hereinafter made. and the
rights and privileges hereina ter granted by
Tue Sdld CiIy OF foruand, The Salu RaAr0ad
ootn hereby promise and agree that the said
Railroad viii continue as hereinafter stated, TO
occupy, use, repair and maintain sa Marginal
Way as now constructed, including the mai to-
nance OF the rip rap wall on the 10 rtheriy
slue OF said Way, said rip rap wall to be
strengthened and extended from time to time
as required to protect SAID street. until such
Tune as che city shail have filed the MaTg inal
way TO It's 1ull width and therea ter to occupy,
USE repair and MAINTAIN as hereinafter stated,
tWenty-six feet in width on the northerly part
thereof, or central part thereof, ii so ordered
by the city.
And the said Railroad further agrees that it
Will cause so muca of tae space Oh twenty six
feet IN Width OF said Way as may be occupied
by its tracks, and twelve inches outside there
OF, TO be planked over all crossings of SAID
tracks required by said city so as to make said
crossings easy and safe; and said Company
| further asrees that it will plank between its
| tracks, and twelve inches outside thereof.
throughout such portion of its length as may
| De required by SAID city; and whenever sa d
city sh I'll pave said street. then said railroad
small cause the whole width OF twenty SIX fee
| 10 DC paved CT planked throughout such pOf-
ton OIL The length of said street as may be so
paved by said city and at the same ume an q
VIII move its tracks to the central part OF said
Marginal Way alter said Way IS hlled 10 its
1uil width, ii so required by said city, and
thereafter to occupy, use. repair and MAINTAIN
sald twenty six feet in width aud to save said
CITY harmless from all damages OccaSlOned by
any defect or want of repair OF said tWenty-six
feet, or by any mana cement of trans or accident
arising IN the use ana improvement thereof by
tach to said cit
Said Railroad also agrees to pay 10 the said
city tie sum Of twenty thousand six hundred
dollars $50 600 In cash on the signing OF THIS
agreement, ami as further cOn>I 1eratOn said
Railroad agrees to Dulld in a manner SaliSfac-
tory to the Commissioner of Public Works, at
an estimated cost of ten thousand one hundred
and nlneIy-SeVea dollars, $50 1870 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 int ersectlOn with
Washington Avenue near the s0utheriy 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 description of the proposed ext nsiOn of
Anderson street to connection with Washn ton
Avenue with an estim tie OF cost 70 construct
said extension. 1t is agreed that the proposed
extension shall be fifty feet wide and shall be
constructed in accordance with specifications
10 be furnished by the Commlssl Oner OF Public
Works.
AND the said City of Portland does, in con-
slderatlon OF this greement, hereby grant
said Railroad for so long a time as said Rail-
road may so desire, the right TO occupy, use
and improve said Way as now constructed
until the city shall have filed the said Way
10 It's full width, and thereafter to occupy,
use. repair and maintain for said time TWEEN
6y-six Get in width on the nOrtherly. parton
fhnq oil rlaf
Way and of tle whole length of said Marg l.
nal Way as it is now filled from land on the
easberly sloe OF FRANKLIN sOreeI,s now or
1DrmerIy owned by the Portland stone ware
ComPany,t TO near the Grand Trunk Railway,
and the right to use a trestle to connect
said fill with the Grand Trunk Raj way at
the z. u r. Junction, so called. 1t is ex-
presslY agreed that nothing herein contain
ed shall be con strued as requiring the
city to MI any portion of the Marginal Way.
And the said city agrees that il wiz per-
nit said right of way hereby granted to be
occupied, used and imprOv I'd by any other
Railroad, in conjun cttOn with said Boston
y Maine Railroa |, according to the terms
of any agreement or lease that may be here
after entered into between said Boston &
Maine Railroad and any other Railroad, not
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, OF Terminate any rights
streets, OF 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 thu 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
street) on the nOrtherly side of the Margi-
nal Way, extending from said Way to WASH
ingtOn Avenue, and will not thereafter re
locate the same to the same point.
1t being unC erstOOd that after said Way
shall be filed by said city to its full width
that 1.-THE rights Ihereinbefore 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-s1x feet, be-
tween the terminal aforesaid, and to pro-
hiDit any train OF trains from remaining
stationary at any crossing made by the in
with said Way, also to prohibit trains from
remaining stationary in any portion OF said
Way, except tor the purpose OF loading or
unloading, and i'll such cases to fix the
length of time such trains or any detached
cars may remain Tor such purposes and to
enforce any regulations made by the city
council with reference to the aforesaid
rights reserved, under such penalties as may
be imposed fer breach thereof, by any o.
dtnance or ordinances what sOever.
IL testimony of all which, the said city Of
Portland by the undersigned, a committee
autA Orized 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,
by GEO. p. WEsCOTr, President.
BOSTON AND MAINE RAILROAD.