Tunnel W. 33rd-38th Street project drawings

NYC 9/11 Public Portal Document

i 230 i which said track is constructed, the Railroad Company >hall at its expense alter the grade of the track as may ! be required to conform to such altered grade of the streets; and provided, further, that in case it may here­ after be determined by the courts that the existing oc­ cupation by the Railroad Company of Eleventh Avenue from a point north of West Thirtieth Street to a point south of West Twenty-eighth Street by a track connect­ ing the tracks of the Railroad Company with the prem­ ises of the Temainal Warehouse Company, is unauthor­ ized and unlawful, then the rights of the Railroad Com­ pany to the use and occupation of Twelfth Avenue and Thirteenth Avenue as in this paragraph provided, shall be subject to the further consent of the Board of Esti­ mate and Apportionment of the City. To HA\'E AXD TO HOLD the lands and the lands under water, and the rights, interests and easements therein hereinabove described in Parts I, II, HI, IV, V, VI, Vn, VIII, IX, X, XI and XII hereof, subject to the reserva­ tions and conditions hereinabove contained in respect of. said lands, rights, interests and easements respectively, unto the Railroad Company, its successors and assigns forever. And it is further mutually covenanted and agreed as follows: That nothing in thi? Conveyance contained shall be held to create a fee in the Railroad Company in or to the soil of any street, avenue, park or place, except such part or parts of any streets and avenues as may upon the approval of the Agreement by the Transit Commis­ sion or otherwise have been or become discontinued and closed, or to prevent the City from occupying or using or from permitting others to occupy or use any part of any street, avenue, park or place, not discontinued or F closed, underneath or over the tracks and structures of the Railroad Company in any manner which shall not interfere with or endanger the occupation or use thereof by the Railroad Company under and in conformity with the Enlarged Plan.

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NYC-WTC_000165310