Hide Article Text (OCR)
TO CONSTRUCT SEWERS ON W. N.Y. P. RAILROAD PROPERTY. The City Munat Extend the Wayne Street System Within a Year, and the Railroad is Given Free Use of the Sewers for All time—an Agreement Was Made by the Cornel Sewer Commlttee Yesterday. Aldermen Simpson and Pierce of the council sewer committee and City At torney Eaton met with a very courte ous reception by the W. N.Y. I railroad,officials in Buflaio yesterday, and succeeded in securing a permit to construct the contemplated sewers on the railroad lands under certain condi tions. Following is a copy of the agree ment made and signed. This instrument made and executed this 18th day of July, 1892, by and be tween the Western New York Penn sylvania railroad company, party of the first part, and the village of Olean, party of the second part, WITNESSETH. Whereas, it is desired by the party of the second part to construct and main tain a public sewer from a point on the lands of first party located near the elec tric light station southeasterly to a point south of State street in said village of Olean and from thence into the Olean creek, the line of which proposed sewer is shown on the attached map by a fine colored red. And whereas, it is desired by second party to construct and maintain another sewer from a point in Sullivan street near the tracks of first party to a point easterly of the freight house of first party and thence parallel with the sewer first above mentioned to a point near where the same turns into Olean creek, and thence southwesterly along the bed of the old Genesee Valley Canal to a point in the center of Union street be tween Green and Henley streets, which last mentioned sewer is shown on the at tached map by a line colored yellow, the profile of the said sewers being shown on the margin of said map by red and yel low lines. And whereas, the party of the second part is constructing a trunk sewer from a point at the junction of Wayne and Fourth streets in said village to the junction of Wayne and Highth streets, thence south along Highth street to Buf falo street, thence southeasterly along Buffalo street to Seventh street, and thence south along Seventh street to Irving street, thence west along Irving street to Eleventh street, thence south to the Allegany river. And whereas, the two sewers first above mentioned so far as their lines are herein described, are located upon property of the party of the first part, and the sewer last described is adjacent to property of first party on Wayne street. ‘And whereas, the party of the second party has made application to first party for the right to construct and maintain the two sewers first above mentioned upon the property and promises of first party in accordance with the map at tached. Now, therefore, in consideration of the premises and of the agreements, stipulations and conditions hereinafter contained, the party of the first part does hereby grant to the party of the second part the right to construct and maintain the two sewers first above mentioned upon its property as and where shown on the map attached; but such grant is upon the following condi tions which are to be observed and are hereby assented to by the party of the second part, to wit. First: The party of the second part agrees that within one year from this date it will, at its own cost and expense, extend the said Wayne street sewer from its commencement at the junction of Wayne and Fourth streets, east to junction of Wayne and Third streets, thence south along Third street to the junction of Third and Reed streets, and to construct such extension as shown on the general plan of the sewers of said village now under construction, using sewer pipe of the same quality as used in the construction of the balance of said sewers, not less than fifteen (15) in ches in diameter. second: The party of the first part. Its successors, grantees and assigns of any of its property rights and franchises in the said village of Oiean, shall have, and is hereby given, the right to con nect with and forever use either and all of the sewers above mentioned at such places and times as first party, its suc cessors, grantees and assigns may deem necessary or convenient, it being under stood however that notice of intention to connect therewith shall be given to the board of trustees of second party or to the corresponding body in the event of a change in that particular: and all such connections and use of said sewers by the party of the first part, its successors, grantees or assigns, shall be without ex pense to them or either of them. Third: It is expressly understood and agreed that the rights hereby granted to the second party shall not in any manner interfere with the use by the first party, its successors, grantees or assigns, of the property and premises affected thereby, for any purpose to which said ii party, its successors, grantees or assigns, may see fit to put the same to: and so far as the construc tion and maintenance of said sewers shall interfere ‘with such use it is ex pressly agreed that this grant and license is subject thereto. Fourth: It is further agreed and un derstood that before the construction of the two sewers first above mentioned is commenced the lines thereof shall be staked out upon the premises elected hereby, which lines shall be subject to such variation or change as the general superintendent of first party may deem proper. Fifth: It is expressly agreed and understood that for a failure by the party of the second part to observe either of the conditions herein before ingweed upon it, or to perform any of the agreements herein undertaken by it, the right is thereby granted to it shall upon such failure cease and terminate. Witness the execution hereof by the parts hereto the day after year first above written. WESTERN NEW York PENNSYLVANIA RaiLRoad Gop ey: ely Samren ty Pn Coursay, prevident.
Newspaper Details
Olean Democrat
Olean, New York, US
Tue, Jul 12, 1892
Page 5
Full Page
Clipped by
Anonymous
USA 20 Jun 2026
Other Publications Near Olean, New York
Olean Shopper
Olean Evening Herald
Olean Times
Times Evening Herald
Sunday Morning Herald
