Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-04-30

tam tfaff1c conditions on all parts of
the present roadbed during the con-
struction of the work, permission to
the extent that the municipality may
lawfully grant such permission, is
granted by the municipality to the
railroad company to construct main
tracks in, along and across the streets
intersecting and adjacent to the rail-
road and at the grade as may be
necessary. and a,so such construction
tracks as may be found necessary
for the prosecution of the work.
During the grading of streets and
erection of bridges permission of the
municipality will be given to the rail-
road to temporarily obstruct or close
such streets rs shall be found neces-
sary, excepting that at South ORANGE
avenue, the railroad will make pro-
vision for the passage of pedestr ans
and vehicles at all times during the
construction.
The railroad is also given permits
sion to relocate and temporarily
maintain its telegraph lines in and
along the convenient streets near the
railroad until such time as they can
be replaced on the eompany's right of
way.
Wherever the company shall place
temporary tracks and structures in,
places of the municipality, these
tracks and structures shall be re-
moved by the company as soon as tho
progress of the Work will premt and
the company must restore all such
places SO occupied to their former
condition as soon as possible.
What Railroad Must Do.
All of the work of construction and
reconstruction of the railroad COM
pany's tracks and structures and
street bridges and supports and the
grading and regarding of streets To
be changed as to their grades, shall
be performed by the railroad COM
pany at its own expense.
The municipality shall exercise its
rights and powers to cause the owners
and operators of all wire lines and
overhead structures, street railways,
and gas and water pipes, telephone
and other conduits and other sub
s rface structures in the streets aft
fected by the work to move, remove
or reconstruct the same at such times
and in such manner as to facilitate
the work covered by this agreement
The village shall, in connection with
the Improvement and without ex-
pense to the railroad company by
assessment or otherwise, do all street
work.
The municipality shall in the first
instance pay all sums of money which
may be lawfully awarded to or re-
covered by the owners or occupants
of lands as damages on account of
tho alteration of the grades, the vaca-
ton, opening or widening of parts of
streets, and the railroad will pay to
the village one-half of all such
amounts, provided that no settlement
of such damages shall be made by
the municipality without the consent
of tho railroad company, and that
the railroad company may aplear by
its attorney in al such amounts
Wherever the railroad company,
with the consent of the municipality.
can find it desirable to effect settle
ments and obtain releases of any
such damages, or to reduce or miti-
gate any such damages, by construe-
ton or restoring the lands and prem
Uses of or providing temporary facili-
ties for any person who would other
wise be entitled to an award of dam
ages, the railroad company shall be
credited in the account of such dam
ages with the expense incurred by it
in doing such work, and the munich
pality and the railroad company both
waive any and all claims for such
damages to any lands or property
owned or controlled by them.
The railroad company agrees. at its
own expense, TO forever maintain all
of their structures and the supports
of all bridges, and the municipality
shall, without expense to the railroad
company, forever maintain the wear
ing surface of all streets and side.
walks, including the pavement and
sidewalks of the Montrose avenue
bridge, and all other structures con-
trolled by the municipality and gen
eral public as may be affected by
changes made as a result of the agreo-
ment
The municipality SHALL in the first
instance, take all official action which
may be necessary or desirable to eff
feet the changes described in South
Orange avenue, and other roads under
the control of the County Board of
Chosen Freeholders, and shall also.
as far as possible, obtain the approval
and concurrence of the county board
of and in such changes so far as the
same is necessary or desirable.
Before deciding on the agreement
the South Orange officials procured
copies of contracts for grade crossing
elimination entered into by Norris
town, Madison, Bloomfield, Glen
Ridge, Montclair and other munich
palities.
South Orange will be required to
pay less than any of these munich
palities. The county officials have
given assurance to the village author
tiles and railroad, ii is understood,
that they will approve of the plan at
South Orange avenue, which is
county thOrOughfaFe