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<br />14
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<br />WJ\RCH 23, 19.5h
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<br />TUES DAY
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<br />Council also acknOV',ledged a letter from 1'lr. Harold Baumes, Executive Secretary
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<br />of the League, in which 1~. Baumes commended Delegate Wm. F. Stone, City
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<br />Attorney, for his outstanding and splendid ,lOrk in the Assembly in the behalf
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<br />of both c01illties and cities.
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<br />The following agreement with Justice Kennon C. Whittle and Mrs. Mary H. S.
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<br />Vfuittle, his wife, replacing a similar agreement dated November 10, 1937, was
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<br />approved for City Manager o Mathewson's signature:
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<br />THIS AGREEMENT, made by and between the City of Martinsville, Virginia,
<br />a municipal corporation, party of the first part and Kennon C. Whittle and
<br />Mary H. S. Whittle, who are man and "rife, parties oi' the second part, this
<br />hth day of June, 195'3.
<br />WITNESSETH: THAT l"rrlEREAS, on the lOth day of November, 1937 the parties
<br />of the second part along vri. th S. G. "'{hittle, Jr. granted to the City of
<br />Martinsville a peI"petual easement and right of way needed for the widening
<br />and construction of a part of Franklin Street, in the City of Martinsville,
<br />which said easement is of record in Deed Book 14, Page 39 of the City of
<br />Martinsville Circuit Court Clerk's Office, over part of lots 2, 3, and h, and
<br />VVHEREAS, by said gra.TJ.t of easement to the said City it was agreed that
<br />the City would "tiden the said section of Franklin Street 20 feet, and replace
<br />all curb and gutter and sidewalk, and that said agreement further states that
<br />Davis Street would be closed and abandoned, and title to that portion of
<br />Davis Street, lying L'11Jl1ediately in me rear of Lots 3 and 4, would be vested
<br />in Kennon C. iffuittle and S. G. Vlhittle, Jr., and
<br />VffiEREAS, it was further agreed upon by the said City of :Martinsville
<br />that should the improvement of said section of Franklin Street be not con-
<br />structed that the said instrument should be null and void, and
<br />WHEREAS, said section of Franklin Street has not been constructed and
<br />the said Kennon C. iNhittle now requests that the said City live up to its
<br />agreement and vacate the easement of record in Deed Book ~+, Page 39, of the
<br />Circuit COill't Clerk's Office of the City of Martinsville, and the Council of
<br />the City of Martinsville by resolution has agreed that since the City of
<br />MartinsviUe has not lived up to its agreement and widened s aid street that
<br />therefore the easement as to the said Yfuittle property should be vacated and
<br />the same is hereby vacated.
<br />In consideration of the action of the Council of the City of Martinsville
<br />in vacating the easement above referred to, the said Kennon C. Whittle and
<br />Mary H. S. Vnlittle for themselves, their heirs, pc::'sonal representatives and
<br />assigns do hereby agree that if in the next ten years the City of Martinsville
<br />shall desire to widen said Franldin Street over the said property to which
<br />the easement was formerly granted that the said parties of the second part
<br />for themselves, ~leir heirs, personal representatives and assigns are bound
<br />by this agreement and do upon execution hereof agree that the said property
<br />shall be conveyed to the City of Martinsville in fee simple without costs
<br />to the said City of Martinsville, Virginia.
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