HomeMy WebLinkAbout01009writing of the pendency of said action, and give him or them
an opportunity toddefend nny and all suc'n litigation.
Section 5. Whenever the said City of Port To%msend
shall cause any of the streets herein mentioned to be graded
on both sides of, and adjacent to the railway of the naid
grantee, the said grantee, his successors or assigns, shall,
V, i at his or their own cost and expense, grade all the space
then used and occupied by such railway, and for eighteen
' inches on each side thereof, including the space between the
rails of such tracks, and said space to be graded; and if the
street is planked., the said space to be planked, if required
by -the City Council., and if necessary to handle the traffic
upon the said street., so as to conform to the grade of such
street established and graded by the City of Fort Townsend,
and in case of street crossings, such tracks shall be planked
eighteen inches on each side thereof and to include the plank-
ing of the space between the rails, thirty feet in length;
Water Street from Polk Street to Taylor Street, such track to
be planked eighteen inches on each side thereof, and inclu-
ding the planking of the space between the rails; and it is
further -lnderstood and agreed that should the city determine
to pave any of the streets herein described,
the grantee, his successors oi: assigns, at his or their own
r\ cost and expense, shall pave eighteen inches on each side of
such tracks and including the space between the rails, provided
it is necessary to do so to handle the traffic upon said street
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