The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1914-05-05

laarniIess the oily against any aud an
damages and claims occasional by 81
hing aid 'strees and in ioea tins ana
building any such brdge al any otils
er point than between Market street
and Drake alley Tor. on the said street
or alley and ending on Merchant
street, the city shall 70 construct
said bridge{oser the tracks aud prop.
erty Of the aidiraittoad company ~
such elevations as to allow and give
tine railroad company clearance Of
twenty-five feet over the rails Of It's
main line Of rgilread.
Sections. ms consideration that
said railroad company, its successors
and assigns, shall construct and
maintain Its railroad above the grade
of said streets at 1 the points OF cross
ing same as provided In Section . OF
this ordinance, as amended, the SAID
Board of Affairs. hereby agrees to
abandon, except for the purposes Of
I'll necessary water, gas and sewer
ines, whenever said railroad COM
nany, its successors and assigns, is
-eady to Occupy same for the purposes
o.. itsssaid railroad. the following ue-
scribed parts, AL the following
named streets and alleys in the First
ward Of the city of Fairmont, to-
lMit: 50
Drake alley lying between Water
street and Merchant street:
Guffey street from Water street for
the distance of one hundred and fif-
teen t115) feet soatll;
The alley situate and parallel with
Guffey street and Market street from
Water street for distance OF one
hundred and tlirty-lye 185) feet
south:
Market street from Water street
for a distance of one hundred and
forty (140) feet south; except that
there is reserved to the city OF Fair.
mont and to the public the right to
pedestrians to travel on foot on and
cver;. or, under the surface of sa,a
part Of said street, Chat is, the said
one hundred and forty (140) feet SO
abandoned) on or through the fol-
lowing part thereof, tawit, 4 strip
thereof ten feet In width. for the en-
tire distance Of one hundred and for
ty (140) feet Ito be selected by the
said railroad company, and the said
railroad company shall, and It here
by agrees to construct. at its own en-
pense. n proper and suitable subway
of masonry, for such travel under It's
tracks and structures on and through,
said strip of ten feet In width, which
subway shall be ten feet in width and
eight feet In height, and said rail
road company shall. and it hereby
agrees to properly keep and main
tain, at its own expense. such sub
way dry and lighted and in good con
dition Of repairs at all times for such
travel, under the supervision of the
city. The said work OF constructing
said subway to be done under the ST.
Ecrvision and to the satisfaction OF
the city engineer, Of the city OF Fair
mont.
The alley situate between and
parallel with Market street and New
ton street, from Water street for Il
distance Of one hundred and thirty
five (135) feet south;
The alley situate between and par
ailel with Ferry street and Polk
street from the proposed extension OF
Water street to Merchant street;
Ferry street from Merchant street
one hundred and tllirty-hye (135)
feet northerly;
Polk street from Merchant Street
one hundred and ,thirty-dve (135)
feet northerly;
Golf street from Merchant street,
one hundred and fifty (15O) feet
southerly toward Diamond street.
And the said Board OF Affairs doth
hereby vest in and grant to said
railroad company. its successors anu
assigns, all the interest and right OF
the said city ,of Fairmpnt in and to
said streets and alleys hereby aban-
boned, resolving tile right. however,
to use the same for the purposes OF
all necessary water, gas and sewer
lines.
But II is expressly understood and
agreed by and between said city and
the said railroad company that all
rights privileges and, grants Hereto
fore granted and made by the city of
Fairniont to Fairmont. Morgantown
and Pittsburgh Railroad Company,
and all grants and privileges hereto
fore made and granted by said Fair
mont, &organtown and Pittsburgh
Railroad Company to the City OF
Fairmont. in so far as the same af-
feet or apply to Water street, or its
extension, Ferry street, the alley sit
nate between and parallel with Fer
nv street and Polk street and lin for