The Portland daily press., 1900-10-02
The proposition was as follows:

L OLAAaAUs Me- Il C6pUblu Dor HlbQs IJUUe
10 Alderman John j. Frye. Counoilmen
Elbridge l.. Cobb and Arthur 4
Hunt, Special Committee of the City
Of Portland on Marginal Way:
The Boston and Maine Railroad makes
the proposition hereinafter set forth for
the use and occupancy by 1t, for railroad
purposes, Of a portion of the Marginal
Way, namely:
That for the consideration of the agree
ments and stipulations hereinafter made,
and the rights and privileges hereinafter
granted by the said city of Portland, the
said railroad doth hereby promise and
agree that the said railroad will continue
as hereinafter stated to occupy, use, re-
pair and maintain said Marginal Way as
now constructed, including the mainten-
ance OF tho 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 tims as the city shall have
filed the Marginal Way to its tuu width;
and thereafter to occupy, use, repair and
maintain as hereinafter stated twenty
six feet In width on the northerly part
thereof, or central part thereof, If so or
dered by the city.
And the said railroad further agrees
that 1t viii cause so much of the space Of
twenty-six feet in width of said way as
may be occupied by its tracks, and twelve
inches outside thereof, tnsbe pIanked over
all crossings of said tracksrequ1red by said
city, SO as to make said crossings easy
and safe: and said company further
agrees that 1t will plank between its
tracks, and twelve inches outside thereof,
throughout such portion of its length as
may be required by said city; and when
ever said city shall pave said street, then
said r01lrOad shall cause the whole width
of twenty six feet to be paved or pIanked
throughout such portion of the length of
q : ho 60 NV
city and at the same time, and will move
it's tracks to the central part of said Mar.
ginal Way after said way is filed to It's
full width, II SO required by said city,
and thereafter to occupy, use, repair and
maintain said tWenty-slx feet in width,
and to save said city harmless from ali
damages occasioned by any defect or want
OF repair of said twenty-six feet or by any
of trains or accident arising
In the use and improvement thereof by
said railroad for which any liability
would attach to said city.
Said railroad also agrees to pay to the
said city the sum of twenty thousand six
hundred dollars $50, ,600) in cash on the
signing OF this agreement, and as further
consideration said railroad agrees to build
In manner satisfactory to the commits
sioner Of public works, at an estimated
cost of ten thousand one hundred and
seven dollars ($I0, 1877 when and
as soon as required by said city after the
laying out of the same by said city, a
extension of Anderson street, as
shown on the plan hereto annexed, to it's
with Washington avenue
near the southerly side of the present
bridge on said avenue over said Marginal
way. In addition to the plan attached
hereto and made part OF this PROPOSE |
ton, is description OF the proposed ex-
tension of Anderson street to connection |
with Washington avenue, with an esti- |
mate OF cost to construct said extension. |
1t is agreed that the proposed extension |
shall be fifty feet wide and shall be con-
structed in accordance with specifications
10 be furnished by the commissioner of |
public works.
And the said city of Portland does, in
consideration Of this agreement, hereby |
grant said railroad, for SO long a time as
said railroad may so desire, the right to
occupy, use and improve said way as now
constructed until the city shall havs filled
he said way 20 it's full width, and there
lfter to occupy, use, repair and maintain
or said time tWenty-six feet in width
N the northerly part Tor central part If
10 ordered by the city of said way and of
he whole length OF said Marginal Way as
{ is now Hlled from land on the easterly
ide of Franklin street now or formerly
wned by the Portland Stone Ware COM
any, to near the Grand Trunk railway,
nd the right to use q trestle to connect |