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DEP legal agreement for sewer work near 11th Avenue, Oct

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Letter enclosing a signed agreement between DEP and a contractor regarding sewer work in the vicinity of 11th Avenue.

NYC-WTC_000165290–000165298

Folder label: “North Access Tunnel W. 33rd St. To w. 38TH ST

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NYC 9/11 Public Portal Document

WHEREAS, in 1929, in connection with a realignment of the Line intended in part to remove railroad tracks from City streets. The City of New York and the then owner of the Line, The New York Central Railroad Company ("NYCRR"), entered into a Conveyance dated July 2, 1929 (the "1929 Conveyance") pursuant to which certain lands, rights and easements were conveyed to the City and to NYCRR; and WHEREAS, the 1929 Conveyance, at page 230 thereof, provided that the City would have the right to occupy and use any street undezneath or over NYCRR's realigned tracks and structures, in any manner which does not interfere with or endanger NYCRR*s occupation or use of such tracks and struc­ tures ; and WHEREAS, because the New Sewer is to be located below the Tunnel and below portions of 11th Avenue and West 33rd Street, DEP has the right, pursuant to the 1929 Conveyance, to enter onto Amtrak*s right-of-way at such location to perform DEP*s maintenance and other obligations under this Agreement, provided that such performance does not interfere with or endanger Amtrak's occupation or use of its tracks and struc­ tures; and WHEREAS, Amtrak and DEP intend hereby to set forth their agreement with respect to the payment for construction of the New Sewer and with respect to the continuing responsibili­ ties of each following such construction. NOW THEREFORE, for and in consideration of the respec­ tive agreements of the parties contained herein and other good

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NYC-WTC_000165292

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NYC-WTC_000165292Source: NYC Law Department, mirrored locally

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