The Birmingham age-herald., 1910-12-22

after set out in section il of this agree
 ment
 The city agrees to provide a right ot
 way for said viaduct and approaches anu
 to assume and pay all property damages
 legally incident to and resulting rom the < construction of the same, It peing uh- derstood that the parties hereto waive all claims for such property damages. The
 city also agrees to repay to the said parties constructing the said viaduct
 along First avenue as aforesaid the cost
 of constructing the approaches to said | viaduct the indebtedness for such pay
 ment to be evidenced by the execution by
 the city of five 05) notes, without interest, 1 for equal amounts, payable yearly, ag- | gregating the whole indebtedness; the first note payable one year after the com pletion of the said viaduct and ap-
 breaches.
 The city also agrees before the actual
 work of construction of said viaduct and approaches shall be begun by the said
 parties that the said city shall cause to | be closed in a manner legally sufficient l in the opinion of counsel of the parties | hereto the following portions of streets, avenues and alleys in the city of Birming- | ham, and to cause the dedication there of to be vacated within the limits as sci cut, namely:
 Twenty-ifth and Twenty-sixth streets from the north or west right of way line of the South and North Alabama Railroad company and the Southern Railway com pany to the north line of Avenue B. Twenty-seventh street from the north line of First avenue to the north line of Avenue B.
 Twenty-ninth. Thirtieth and Thirty-first streets from the north or west right or way line of the South and North Ala bama Railroad company to the north line of Avenue B..
 First alley, south, that Is, the alley lying between and parallel to Avenues A and B from the west line Of Twenty-fifth street to the west line of Thirty-second street
 First alley Second avenue, Second alley, Third avenue, Third alley and Fourth avenue Gall north), from the north or west right of way line of the South and North Alabama Railroad company to the west line of Thirty second street.
 The city also agrees that upon the con- struction of the First avenue viaduct and approaches it will provide that those por- tions of First avenue described as fol- lows, namely:
 First-Beginning at point on the northerly line of First avenue 46.7 feet westerly from its intersection with the westerly line of Twenty-seventh street. thence easterly along said northerly line of First avenue, distance of 195 feet, more or less, to a point 69.1 feet easterly from it's intersection with the east line of Twenty-seVenth street, thence south easterly 115 feet, more or less, to point on the south line of Fist avenue, which point is 119.S feet easterly from the inter- \. lt.x- FH Ht-r.& s.~ with the east line of Twenty-seventh street (produced). thence westerly along the south line of First avenue 294 feet, more or less to a point on the said south line of First avenue 93.s feet westerly from its intersection with the westerly line of Twenty-seventh street. thence northery 112 feet, more or less, to the point of beginning.
 Second-Beginning at a point on the north line of First avenue, which point is 2S7 feet easterly from the intersection of the said north line of First avenue and the east line of Twenty-eighth street, thence easterly along the said north line of First avenue to its intersection with the west line of Thirty-second street. thence southerly along the west line of Thirty second street to its intersection with the south line of First avenue, thence westerly along the said south line of First avenue to point 75 feet easterfy from it's intersection with the east line of Twenty-eighth street, thence north easterly, parallel with the main line of the South and North Alabama Railroad company 235 feet. more or less, to the point of beginning.
 be closed as street at the present grade. and the dedication thereof to be vacated in so far as present grade Is concerned; and, further, that upon the construction of the Twenty-eighth street viaduct, it will also close that portion of Twenty eighth street between the south line of First avenue and the north line of Ave nue as a street at present grade, and vacate the dedication thereof in so far as present grade is concerned the viaducts along said portions of said avenue and said street to constitute the only dedi- cated highways between said points. III
 The said companies hereinabove men, toned in section I of this agreement agree to maintain the said yiaduct, ex- cept as herein otherwise provided; the city agrees to maintain the approaches thereto except as herein otherwise pro- vided.
 It is mutually understood and agreed that ordinary repairs to the pavement on the vfaduct and approaches are to be made as like re- pairs are made on ordinary paved surface streets. The costs of renewals of pavement on the viaduct, not in- clpding approaches. are to be borne, however, by the companies hereinabove mentioned in Section I of this agree ment, but they are not to bear such costs on the approaches, or any part thereof; provided, however, that the Birmingham Railway, Light and Power company shall. as to the space between It's tracks and the rails of It's tracks, and for eighteen Q8) inches on each side thereof. bear the expense | of all pavement renewals on the ap breaches to said viaduct.
 " The South and North Alabama Rail-
 road company. the Southern Railway
 company, Alabama Great Southern
 Railroad company, Sloss-S Sh effield Steel
 and Iron company, Seaboard Air Line
 railway and Birmingham Belt Railroad | company shall on or before the ex- piration of six years from the exc
 cution of this agreement commence and
 will prosecute to completion the con | strCction of yiaduct along Twenty | eighth street between Avenue B and | .he north or west line of First avenue ppon the same terms as the parties
 get out in Section l of this agreement | have agreed with the city to construct
 the said First avenue viaduct and ap-
 brooches; and the city agrees to the
 same terms and conditions as to the
 construction and maintenance of the
 said Twenty eighth street viaduct and
 approaches and will assume the same
 obligations with reference thereto.