First Previous (THE WATERFORD HARBOUR COMMISSIONERS (ACQUISITION OF PROPERTY) ACT, 1964)

1 1964

THE WATERFORD HARBOUR COMMISSIONERS (ACQUISITION OF PROPERTY) ACT, 1964

SCHEDULE.

Section 4 .

MEMORANDUM OF AGREEMENT made the 13th day of November, 1962, BETWEEN CORAS IOMPAIR EIREANN (hereinafter called “the Board”) of the First part THE FISHGUARD AND ROSSLARE RAILWAYS AND HARBOURS COMPANY (hereinafter called “the Fishguard Company”) of the Second part THE WATERFORD HARBOUR COMMISSIONERS (hereinafter called “the Commissioners”) of the Third part and THE MAYOR ALDERMEN AND BURGESSES OF WATERFORD (hereinafter called “the Corporation”) of the Fourth part WHEREBY IT IS AGREED AS FOLLOWS:—

1. (a) The Board and the Fishguard Company shall grant and convey to the Corporation in fee simple free from incumbrances ALL THAT AND THOSE that portion of the roadway known as Salvation Lane Waterford 35 feet in width or thereabouts connecting the south-eastern portion of the North Wharf with that portion of the public road leading from Waterford to New Ross excluding the bridge carrying the said roadway over the railway line (jointly owned by the Board and the Fishguard Company) and coloured blue on the map annexed hereto.

(b) The Corporation shall maintain and keep in good order repair and condition the road surface of the roadway of the said bridge over the said railway line referred to at clause (a) hereof.

(c) For all purposes connected with the maintenance or renewal of the said bridge the Board may at all reasonable times on giving notice to the Commissioners and the Corporation enter upon the properties conveyed to the Commissioners and the Corporation and may if necessary break up the road surface mentioned at clause (b) hereof and may also for the purpose of such maintenanceor renewal close the bridge to traffic wholly or partially for such period as may reasonably be necessary for such purpose and the Board shall restore the said road surface so broken up.

2. The Board shall:—

(i) Assign free from incumbrances to the Commissioners

(a) ALL THAT AND THOSE that piece of land being part of the foreshore and bed of the river Suir below high water mark with reinforced concrete wharf known as the New Wharf erected thereon held under Lease dated the 5th day of May 1948—the Commissioners to the Board for the term of 98 years from 1st April 1947 at the yearly rent of £1 and coloured grey on the map annexed hereto.

(ii) Grant and Convey in fee simple free from incumbrances to the Commissioners

(b) ALL THAT AND THOSE that piece of land below and above high water mark situate at the shore side of the piece of land referred to in clause 2 (i) (a) hereof with reinforced concrete wharf known as the New Wharf erected on part of same and coloured yellow and red on the map annexed hereto.

(c) ALL THAT AND THOSE that piece of land consisting of part of the foreshore and bed of the River Suir below high water mark and that piece of land above high water mark at the shore side thereof 90 feet in length and 60 feet in width with timber wharf on the river side portion of same extending eastwards from the downstream end of the New Wharf and connecting with the upstream end of the south-eastern portion of the North Wharf and coloured pink on the map annexed hereto.

(d) ALL THAT AND THOSE that piece of land consisting of part of the foreshore and bed of the RiverSuir below high water mark and that piece of land above high water mark at the shore side thereof with timber wharf on the river side portion of same known as the south-eastern portion of the North Wharf and coloured brown on the map annexed hereto.

(e) ALL THAT AND THOSE that piece of land 300 feet in length and 6 feet in width (except for a small portion at the western end which is 15 feet in width) situate at the North side of the wall dividing the south-eastern portion of the North Wharf from the premises of the Board and coloured green on the map annexed hereto.

(f) The said respective pieces of land referred to in this clause shall be assigned and conveyed by the Board subject to the rents (if any) and the covenants and conditions in the respective Deeds under which same are now respectively held by the Board.

(iii) Transfer absolutely to the Commissioners free from incumbrances

(a) four cranes with all equipment used in connection therewith including spare parts and buckets;

(b) weighbridge including spare parts for same;

(c) the dockers' shelters, hut, rope store and toilets.

3. The Board shall have at all times the right to keep and to have exclusive use of the railway siding on the land at the rere of and adjoining the New Wharf and coloured red on the Map annexed hereto for all purposes connected with the Board's undertaking including the right to load and unload goods and merchandise into and from road vehicles at the said siding and which said vehicles shall be at all times permitted free and unimpeded access to the said siding for the purpose aforesaid.

4. The Commissioners shall permit the Board for so long as the Board may require to have the use of the lines of track on the said New Wharf (hereinafter called the lines of wagon tracks) for the movement of the Board's railway rolling stock, together with the existing turnouts, switches, crossovers, and all apparatus and appliances for operating the same.

5. Subject as hereinafter provided the Board shall at all times hereafter maintain the said lines of wagon tracks and the said turnouts, switches, crossovers, apparatus, and appliances, used in operating the said lines of wagon tracks in good repair and working order.

6. The Board shall not at any time hereafter use the said lines of wagon tracks in such a way as to unreasonably impede other traffic on the said New Wharf.

7. The Commissioners shall ensure that sufficient space is available at all times on the said New Wharf to enable a shunting tractor to operate efficiently.

8. The total laden weight of the wagons at any one time using the lines of wagon tracks on the New Wharf shall not exceed the carrying capacity of the New Wharf, and the Board shall be liable to make good to the Commissioners any damage sustained by the Commissioners as a result of the use by the Board of wagons of a total laden weight which exceeds such capacity.

9. The Commissioners shall at all times permit the Board's employees to enter on the said New Wharf for the purpose of repairing the said lines of wagon tracks and also for the operation of shunting engines and railway stock over same.

10. (a) The Board shall have the right, if and when the south-eastern portion of the North Wharf and the 90 foot portion referred to in clause 2 (ii) (c) of this agreement is reconstructed and extended by the Commissioners, to lay lines of tracks for the use of the Board's railway rolling stock (hereinafter called “tracks”) with suitable turnouts, switches, crossovers, and all apparatus, and appliances for operating the same on such conditions as may be agreed upon between the Commissioners and the Board subject to the plans for such lines of tracks being agreed to and approved by the Commissioners prior to the commencement of the work of construction of same.

(b) If and when the Commissioners intend to carry out the reconstruction and extension hereinbefore referred to they shall carry out the work in such manner and according to such design as will render it feasible and practicable for the Board to lay tracks thereon and operate the same, and the Commissioners will consult with the Board for this purpose before commencing any work of reconstruction or extension.

(c) Subject as hereinafter provided the Board shall at all times thereafter maintain the tracks and all such turnouts, switches, crossovers, apparatus, and appliances used in operating same in good repair and working order.

(d) The provisions of clauses 5 to 9 inclusive of this agreement in respect of the New Wharf and the turnouts, switches, crossovers, apparatus and appliances therein mentioned shall also apply to the south-eastern portion of the North Wharf and the 90 foot portion when reconstructed and extended by the Commissioners and to such tracks, turnouts, switches, crossovers, apparatus, and appliances, as may be laid or placed thereon in pursuance of the foregoing sub-clauses of this clause.

11. The Commissioners shall maintain all the property when conveyed to them in pursuance of this agreement in such good order, repair and condition as will enable the Board to enjoy the full use and benefit of the rights granted to it by this agreement.

12. The Board may at any time by notice in writing served upon the Commissioners inform the Commissioners that the Board no longer requires to use all or any of the lines of tracks referred to in clauses 4 and 10 hereof and upon service of such notice the right conferred on the Board by these presents and any deed or document executed in pursuance hereof to use the lines of tracks mentioned in such notice and the turnouts, switches, crossovers, apparatus, and appliances, used in connection with the said lines and the obligation imposed on the Board by these presents or any such deed or document to maintain the same shall wholly cease and determine, without prejudice, however to the continued liability of the Board for any then existing breach by the Board of its said obligation of maintenance or to any right of action against the Board in respect of any breach of the said obligation which has then already accrued to the Commissioners.

13. The Commissioners shall pay to the Board the sum of £22,000 on the completion of the conveyances and transfers as set out herein and the handing over of possession to the Corporation and the Commissioners respectively of the premises described in clauses 1 and 2 hereof with the said cranes, weighbridge, equipment, huts, toilets, rope store and shelters.

14. Of the said sum of £22,000 the sum of £15,000 shall be deemed to be the price of the said moveable chattels transferable by delivery and the sum of £7,000 to be the price of the leasehold and freehold properties the subject of these presents.

IN WITNESS whereof the parties aforesaid have caused their respective seals to be affixed hereto the day and the year first herein WRITTEN.

PRESENT when the Official Seal of the Board was affixed hereto:—

SEAL

E. Cassidy,

Member of the Board.

M. J. Hayes,

Secretary,

Authorised Officer.

PRESENT when the Common Seal of the Fishguard Company was affixed hereto:—

SEAL

J. Curtis-Welch,

Secretary No. 329.

PRESENT when the Common Seal of the Commissioners was affixed hereto:—

SEAL

Peter J. O'Connor,

Thomas Shipsey,

Solicitor,

Secretary and General Manager.

Waterford.

PRESENT when the Common Seal of the Corporation was affixed hereto:—

SEAL

Mary Geraghty,

Clerk Typist,

Waterford Corporation.

John Griffin, Mayor.

Timothy O'Sullivan,

S. Ó Giolláin,

Clerical Officer,

City Manager and Town Clerk.

Waterford Corporation.