The Portland daily press., 1900-10-05
Portland. Maine, September 9th, 1900.


Portland. Maine, September 27th, 1900.
To Alderman John j. Frye, Councilmen El-
bridge L. COBB and Arthur K. Hunt, special
committee of the City OF Portland on Mar
u HE Boston & Maine Railroad makes the
4 proposition hereinafter set forth for the
s . ana occupancy by il, for railroad purposes,
G. q portion OF the Marginal Way, namely
J hat for the consideration OF the agreements
and stpulauOns hereinafter made. and the
rights ana privileges hereina ter granted by
the saiu City of Portland, the sald railroad
doth hereby promise and agree that the said
Railroad will continue as hereinafter stated, to
occupy, use, repair and maintain sa q Marginal
Way as now cOnEtruCtcG, including the mainte-
nance Of the rip rap wall on the northerly
side of said Way, said rip rap wall to Do
strengthened and extended from time to tins
as required to protect said street. until such
time as the city shall have filed the Marg lnal
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 nUrtherly part
thereof or central part thereon, II so ordered
And nd the said Railroad further agrees thatit
will cause so much of the space or twenty-Six
feet in width of said Way as may be occupied
by its tracks and twelve inches outside there
of, to be rlanked over all crossings of said
tracks requir I'd by said city, SO as 70 make said
crossings easy and sale; and SAID Company
further ,rees that it will plank between It's
tracks, and twelve inches outside thereof.
throughout such port on OF Its length as may
he required by sad cry; ana whenever sal9
city sh Ill pave said street then said railroad
Sh III cause the whole width OF tWenty-SlX feet
10 be paved or plauked throughout Sucn pOr-
tion or the leng. n Of said street as may be 80
paved by said city and at the same Tune, aQd
VIII move its tracks to the central part OF SAID
Marginal Way alter said Way is nlled to Its
full width, if required by said city, and
thereafter TO ccupy, use, repair and MAINTAIN
said twenty six feet in width aud 10 save SalQ
city harmless from al damages occasloned 6y
any defect or want of repair Of said twenty-six
feet, or by any management OF trains or aeelQent
arising In the use and Improvement thereon by
said Railroad for which any liability would at
t2Ch TO said cit
Said Railroad also agrees to pay 70 the said
city the sum Of twenty thousand SIX hundred
dollars (S20600) in cash on the signing OF THIS
agreement, and as further consideration said
Railroad agrees to build in manner satisfac-
tory to the Commissioner of Public Works, at
an estimated cost of ten thousand one hundred
and nineEy-sevea dollars, (S10,19D 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, a 8 shown on the
plan hereto annexed, to its intersection 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 a part Of this proposition,
is description OF the proposed extension Of
Anderson stEeeJ 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 shallbe
constructed in accordance with specifications
TO be furnished by the Commlssl oner OF PUBLIC
And the said City of Portland does, in con.
sideration of this agreement, hereby grant
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
20 its full width, and thereafter to occupy,
use,repair and maintain for said time tWen-
6y-six feet in width on the northerly spart(or
central part If so ordered by the city )Ot sud
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,
ana the right to use trestle to connect
said fill with the Grand Trunk Railway at
the 2: & r. Junction, so called. 1t is ex-
pressly agreed that nothing herein cOntatp-
city to fill any portion of the Marginal Way.
AND the said city agrees that II wi I per-
NIT said right of way hereby granted to be
occupied, used and improved by any other
Railroad, in conjunction with said Boston
q Maine RailrOa 1, according to the terms
OF any agreem ent or lease that may be here
after entered into between SAID DO ston 8
Maine Railroad and any other Railroad, not
inconsistent with the provisions OF this
q - sI1 III 1.ns 20" en1nSu IA tuAS I
agreement snail Vit1ate 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 OF may hereafter be located on
or laid out across the Marginal Way.
The said city further agrees after the sign
Ing OF the proposed agreementt it vii forth
with discontinue that part OF Yarmouth
street formerly la1U out as Falmouth
street, on the northeriy side of the Margt-
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 filled by said city to its full width
that athe rights ihereinbefOre granted and
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-
h1D1t 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 Way, also to prohibit trains from
remaining stationary in any portion of said
Way, except tor the purpose of loading or
unloading, ana in such cases to fix the
length of time such trains or any detached
cars may remain for 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 or
d1nance or ordinances what sOevef.
IL testimony of all which, the said city Of
Portland by the undersigned a committee
authorized for that purpose, and the said
railroad by its 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 6 ROCHESTER, RAILROAD,
by GEO. Z. WESCOTT, President.
BOSTON AND MAINE RAILROAD.