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1173 The established grade of the land of the said West Point Land Company, as shown by the surveys, plots, and maps thereof, made by James M. Daniel, and now on file in this office of the said Land Company at West Point, unless otherwise agreed before the said E.T. Powell, and the said Company, through its President or Superintendent, with the approval of the President, and that all excavations of earth, or other material made on said lot or parcel of land hereby conveyed, either by reducing the surface thereof to the new or hereafter established grades of the streets, alleys and lanes of the said Land Company, or by digging wells, cellars, foundations and culverts, shall be removed by the said E.T. Powell or his heirs, devisees, grantees or assignees, at his or their costs, and charged, and deposited, as fast as the same may be excavated, on such lots, streets, or other places, on the Land of the said West Point Land Company, as may be designated by the President or Superintendent, or agreed on by the parties to these presents, so that such lots, streets or other places of deposit shall not exceed three hundred feet beyond the nearest lots, streets or other places, Which, at, the time of the excavations and grading of the said lots or parcels of land hereby conveyed, may require filling and raising to the established
Transcription Notes:
It is E.T. Powell. See page 176 for clarity