Kingstown Township (Transfer of Harbour Roads) Act, 1898

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Transfer of certain parts of roads to the Dublin, Wicklow, and Wexford Railway Company.

10.—(1.) As from the passing of this Act there shall be transferred from the Harbour Commissioners to and vested in the Railway Company the following parts of the roads and footways described in the First Schedule to this Act, namely—

(a) so much of the Crofton Road as may be required for the erection of a second platform and new line of rail at Kingstown not exceeding at any one point eleven feet in breadth measured from the face of the Railway Company’s boundary wall; and

(b) so much of the Harbour Road (upper level) as may be required for the widening of the approach to Carlisle Pier and laying down additional lines, not exceeding at any one point twelve feet in breadth measured from the inside of the Railway Company’s wall.

(2.) The parts of the roads and footways transferred under this section shall be used by the Railway Company only for the purposes for which they are required to be transferred under this section and subject to the provisions of the agreement set out in the Third Schedule to this Act.

(3.) The agreement set out in the Third Schedule to this Act is hereby confirmed.

SCHEDULES.

FIRST SCHEDULE.

1. The road known as Crofton Road, 388 yards or thereabouts in length, measured from its junction with the Royal Marine Road.

2. The road known as the Harbour Road (upper level), 595 yards or thereabouts in length, measured from its junction with the said Crofton Road, including therein the sloping bank to the southern edge of the Harbour Road (lower level), excepting thereout the piece or plot of ground constituting the site of the Obelisk erected to commemorate the embarkation of His late Majesty King George the Fourth from Ireland, that is to say, a strip of land extending east and west six yards or thereabouts on each side of such Obelisk, measured from the centre thereof, and extending north and south from the said Harbour Road (upper level) to the Harbour Road (lower level), together with full liberty of ingress, egress, and regress to the said site at all times and for all purposes to the Harbour Commissioners, their agents, servants, and workmen, with or without horses, carts, or other vehicles, laden or unladen.

3. Portion of the road known as the Royal Marine Road, 72 yards or thereabouts in length, measured from its junction with the said Harbour Road.

4. The portion of the road opposite Crofton Terrace, commencing at a point on the north side of the said road, 58 yards or thereabouts west of the centre of the coal quay bridge, and terminating at a point on the north side of the said road, 128 yards or thereabouts east of the centre of the said coal quay bridge.

SECOND SCHEDULE.

1. Two plots of ground between the Victoria Baths and the shore end of the eastern pier of Kingstown Harbour, on the north side of the Harbour Road, containing together thirty-five perches or thereabouts, statute measure.

2. The strips of land on the south side of the Dublin, Wicklow, and Wexford Railway, so far as the same are the property of the Harbour Commissioners, between the west end of the Crofton Road and the railway level crossing at the shore end of the west pier of Kingstown Harbour, containing altogether about three roods and thirty perches, statute measure.

THIRD SCHEDULE.

KINGSTOWN TOWNSHIP (TRANSFER OF ROADS TO RAILWAY COMPANY).

Heads of Agreement.

Entered into the fourth day of April 1898, between the Commissioners of the Township of Kingstown, herein-after called “the Commissioners,” incorporated by the Township of Kingstown Act, 1869, and the Dublin, Wicklow and Wexford Railway Company, herein-after called “the Company.”

1. A clause to be inserted in the Bill, transferring to the Company, solely for the purpose of widening and improving the Kingstown Station and the approach to the Carlisle Pier, so much of the Crofton Road as may be required for the erection of a second platform and new lines of rail at Kingstown, not exceeding in breadth at any point cloven feet, measured from the north face of the Company’s boundary wall, and so much of the Harbour Road (upper level) as may be required for widening the approach to Carlisle Pier and laying down additional lines, not exceeding in breadth at any one point twelve feet measured from the inside face of the Company’s wall.

2. Detailed plans and drawings of the works and buildings required for the above purposes to be submitted to the Commissioners for approval, and in case of dispute as to suitability, nature, and extent of the works and buildings, and the actual widths of the roads required, or with regard to any other provision in this Agreement, the questions in dispute shall be determined by the award of a single arbitrator to be appointed by the Board of Works, whose decision shall be final, binding, and conclusive on both parties, and whose award may be made a Rule of Court at the instance of either party.

3. In case of arbitration, it is to be an instruction to the arbitrator that as little encroachment as possible shall be made on the roads consistently with the necessity of giving to the Company proper facility for the mail and passenger traffic, and that the proposed platform at Kingstown, so far as it is under the existing footway of the Crofton Road, shall be covered with a roof, supported by cantilevers, such roof to be so constructed that when covered with asphalte or concrete it may form part of the footpath on the north side of the Crofton Road. The Company may also raise the level of the footpath on Crofton Road, next the railway, to a reasonable extent, not exceeding two feet, so as to give headroom, and for this purpose they may also tunnel under the said Crofton Road if they require to do so; and at the north-east side of the Harbour Road (upper level) they may tunnel to the full extent of the road, if necessary. Any railing to be erected on the Crofton Road to be placed as near the north-east edge of the new wall as possible, and, if necessary, on cantilevers, so as to avoid encroaching unnecessarily on the Crofton Road.

4. In any arrangement the Company may make with the Commissioners of Kingstown Harbour for increased accommodation on the Harbour Road (lower level) at Carlisle Pier, the level crossing there shall be preserved with a minimum width of twelve feet.

5. In the event of the Company herein-after seeking power by a private Bill or otherwise to close the level crossing referred to in paragraph 4, this Agreement shall not be in any way relied upon or used by the Commissioners in opposing any application for such power.

6. In case it shall be found necessary, for the purpose of making the alterations contemplated, to divert the sewer, known as the Board of Works sewer, on the Crofton Road, such diversion shall be carried out by the Company at their own expense, and they shall make such diversion, and all new and proper connections for it, to the satisfaction of the Commissioners.

7. Any new building that may be required to be erected by the Company shall be granite faced, and in keeping with the present buildings at Kingstown Station, opposite the Town Hall.

8. The Company shall, when carrying out the widening and improvement of the Kingstown Station aforesaid, place a suitable footbridge over their line from Crofton Road to the Harbour Road near the Royal Irish Yacht Club, provided that the Commissioners first convey or cause to be conveyed free of all cost to the Company so much of the site of such roads respectively as will be required for the approaches to, and erection of, the said footbridge.

9. The Company shall at their own expense provide an entrance from the east end of the station to the new platform when constructed.

10. The Company shall supply all information, and do every act within their power, to assist the Commissioners in getting possession of ground now occupied by Mrs. Synnott, boat builder, and the plot adjoining same, required for the new road proposed to be made between Crofton Road and the road at the railway crossing near the shore end of the West pier of Kingstown Harbour, and in order thereto shall use their influence to obtain from the Dublin and Kingstown Company information as to any documents in the possession of that Company relating to the plots of ground in question.

11. The Company hereby undertake to facilitate the Commissioners by every means in their power in making the proposed road aforesaid, and in constructing such retaining wall or walls alongside the railway as may be necessary for the purpose of supporting or retaining the said road.

12. These Heads of Agreement are subject to such alterations as Parliament may think fit to make therein, but if the Committee on the Bill make any material alteration in these Heads it shall be competent to either of the parties to withdraw the same.

In witness whereof the parties hereto have hereunto caused their respective Common Seals to be affixed the day and year first herein written.

Seal of the Commissioners of the township of Kingstown.

Present when the seal of the Commissioners of the Township of Kingstown affixed hereto.

JOHN DONNELLY,

Town Clerk.

Seal of the Dublin, Wicklow, and Wexford Railway Company.

E. M. COWAN,

Secretary, Dublin, Wicklow, and Wexford Railway.