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

/ by persons. WAGONS. vehicles. cur.
riages. automobiles. and otherwise.
tthe same as nearly as possible asfsuch
Itrayel Is now afforded and permit
tied on. overland along same.
Said work to be done under the di.
rectton and supervision. Of. and 10 the
satssfaction ofithe engineer of said
city. Allssidewalks and parements
on aud along any Of the streets,
ways, alleys or grounds across which
The said railroad Is constructed. main
tanned and operated, which are re-
moved or destroyed in constructing
the same, shall be replaced by said
railroad company upon the same
grade as that Of such street way, al
ley or grounds. after the same has
been graded, as heretofore provided.
And II the said railroad company
in crossing Water street at or near
the intersection of Water street, Mer-
chant street, Morgaptown avenue,
East Park avenue and New street,
shall so change the grade of Water
street as to make 1t necessary, in the
opinion OF the city engineer OF Fair
mont, to change or alter the grade
or grades of Morgantown avenue.
Merchant street, Water street, East
Park avenue or New street, for any
distance or distances the said rail-
road company shall, and 1t hereby
agrees to make any and all neces-
sary changes and alterations in the
grades of Merchant street. Water
street, East Park avenue. Morgan
town avenue and New street. or any
OF them. so made necessary for the
following respective distances, viz:
On Merchant street to the North
end of Guifey street, or a sufficient
additional distance to secure and pro-
vide an eight per cent. grade on said
newly constructed Merchant street;
on Morgantown avenue for about four
hundred feet: on East Park avenue
for about three hundred feet, and OIL
|Water street for about three hundred
feet; and make proper approach ITO
New street. and take up and relay
the brick pavement thereon and the
sidewalks thereon and make all nee
cssary changes, addition, alterations
and repairs In and to all sewer, wa
ter, telephone and telegraph lines,
eithor public or private, at its own
Expense, under the direction and to
the satisfaction of the city enginecM
the said work to be done within ninn-
ty days after the change in the grade
OF Water street shall have been made
And it is condition of this ordi.
nance, grant and, franchise that the
said railroad company shall and It
hereby agrees to, indemnify, secure
and save harmless the said city as TO-
from and against any and ali suits,
actions, loss, judgments, damages,
costs, charges and expenses OF every
Kind from and by reason of injury
or damages to property owing to and
resulting from and all changes. addi-
tions and alterations in the grade OF
] Merchant street, Water street, East
Park avenue, Morgantown avenue ana
New street, or any of them, and In
taking UP and relaying the brick,
pavements and sidewalks on any OF
said streets, and in making changes,
alterations. additions and repairs in
and to sewer, water and telephone
and telegraph lines. nH
And 1t is further expressly agreed
and understood between the city and
the railroad company that there Is
reserved and granted to the city the
right, without charge therefor on the
part OF said railroad company to go
over the tracks and property Of the
said railroad company in and for To-
lcating and building any and all
bridges, spanning the Monongahela
river which said city may desire to
locate and build in the future, but in
locating and building any such
bridge which shall be located and
built between Market street. and a
point in the line of Merchant street
100 feet west of the Western line of
Drake alley, Tor on the said street or
Gllcy) and ending on Merchant street.
the city shall so construct such bridge
over the tracks and property Of the
railroad company as to be on r;s-
Hing grade from Merchant street not
to exceed four per cent. a per cent /,
for distance not to exceed tive huE-
drcd and fifty feet horizontaliy.T IA
lXcAnd the said railroad company
shall not. and It hereby agrees not to,
build or maintain any building or
structure on its property Of such
height that may interfere with the
locating and building of. such bridge
at any point between Newton street
and a point in line Of Merchant street
one hundied feet west of the West.
crn line Of Drake alley, except, how
ever. that said railroad company may
maintain buildings at any height It
IeSirnS IN wtat 10 knnwn au tra .Indd