Whereas, by a certain instrument bearing date the 8th day of December, 1890, an agreement has been made by and between the said Consolidated Telegraph and Electrical Subway Company, party of the first part therein, and the Empire City Subway Company (Limited), a corporation duly organized and existing under and by virtue of the laws of this State, of the other part, in and by which agreement the party of the first part thereto, for the consideration therein specified, sells, conveys and transfers to the said Empire City Subway Company (Limited), all the subways, conduits and ducts, house and other subsidiary connections in the City of New York, mentioned and described in the schedules annexed to and forming part of the said instrument, being all the subways, conduits, ducts and house and other subsidiary connections constructed in the City of New York for the use of telegraph and telephone conductors and of electric light and power conductors of the Edison Electric Illuminating Company of New York; and the said Empire City Subway Company (Limited), by an agreement of even date herewith, made with the said Board of Electrical Control (party of the first part hereto), on its part agrees to assume the same duties, obligations and liabilities as those to which the said Consolidated Telegraph and Electrical Subway Company is subject under said agreement and acts, or any or either of them with respect to the construction, maintenance and operation of subways, conduits and ducts, house and other subsidiary connections to be constructed in the City of New York for the use of telegraph and telephone conductors and of the electric light and power conductors of the Edison Electric Illuminating Company of New York (except such as may be or may have been caused by the default of said Consolidated Telegraph and Electrical Subway Company); and, Whereas, the parties of the first part deem the making of this contract reasonable, expedient and proper in order to carry into effect the provisions and intent of said Act of Legislature of the State of New York, entitled, “An Act in relation to electrical conductors in the City of New York, passed June 25th, 1887, and of said agreements. Now, therefore, in consideration of the premises and of the mutual agreements herein contained, and of the sum of one dollar by each of the parties hereto to the other in hand paid, the receipt whereof is hereby acknowledged, the parties hereto mutually agree that the agreements herein before mentioned, made between the Board of Commissioners of Electrical Subways for the City of New York and the party of the second part hereto, dated respectively July 27th, 1886, and April 7th, 1887, shall be, and the same are, hereby modified as follows, to-wit FIRST. The party of the second part shall surrender, and it hereby does surrender, the right which it has under said agreements or acts, or any of them, to build subways, conduits and ducts for telegraph and telephone conductors, and for low tension electric light and power conductors of the Edison Electric Illuminating Company of New York, its successors and assigns. SECOND--The parties of the first part agree to relieve and discharge, and they hereby do relieve and discharge the party of the second part of and from all and every its duties, obligations and liabilities under said last mentioned agreements, or either of them, so far as the same relate to the building, owning, maintaining and operating of subways, conduits or ducts for telegraph and telephone conductors or for low tension electric light and power conductors of the Edison Electric Illuminating Company of New York, its successors or assigns. THIRD. Except as hereinbefore modified or agreed to be modified, the said agreements made, dated respectively July 22d, 1886, and April 7th, 1887, are to remain in full force and effect; and the obligations and rights. of the party of the second part with respect to the building, maintaining, operating and leasing of subways, conduits and ducts for electric light and power conductors, other than subways, conduits and ducts constructed or hereafter to be constructed for the use of the low tension electric light and power conductors of the Edison Electric Illuminating Company of New York, its successors or assigns, shall continue and be the same as before this modification of said agreements. IN WITNESS WHERECF, the parties of the first part have hereunto set their hands and seals, and the party of the second part has caused its corporate seal to be hereto affixed and these presents to be signed by its president or vice-president and secretary the day and year first above written. HUGH J. GRANT, Mayor, Commissioners. THEO. MOSS, WE HEREBY APPROVE of the foregoing instrument and execution thereof by the Board of Electrical Control in and for the City of New York. HUGH J. GRANT, Mayor, WM. H. CLARK, Counsel to the Corporation. Dated, NEW YORK, May 15, 1891. STATE OF NEW YORK, SS.: On this 15th day of May, in the year one thousand eight hundred and ninety-one, before me, Henry Winans, a notary public in and for the City and County of Kings, duly appointed and commissioned and dwelling in the City of Brooklyn, in said County, having a certificate filed in the City and County of New York, personally appeared Hugh J. Grant, Mayor of the City of New York, Jacob Hess and Theodore Moss, to me severally personally known, and known by me to together constitute the Board of Electrical Control in and for the City of New York, and to be the persons mentioned and described in and who executed the foregoing instrument, and they severally acknowledged that they executed the same as such Board of Control, for the purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, this 15th day of May, 1891. HENRY WINANS, Notary Public, Certificate filed in New York County. STATE OF NEW YORK, City and County of New York, } ss.: On this 15th day of May, in the year of our Lord one thousand eight hundred and ninety-one, before me, F. De Lysle Smith, a notary public, in and for the State of New York, duly appointed and commissioned under and by virtue of the laws of said State, and dwelling in the City of Brooklyn, personally appeared Edgar L. Ridgway, vicepresident of the Consolidated Telegraph and Electrical Subway Company, and W. J. Sefton, the secretary of the same company, each personally known to me to be such; and they being by me duly and severally sworn, did severally depose and say: that he, the said Edgar L. Ridgway resided in the City of New York, and was the vice-president of the said Consolidated Telegraph and Electrical Subway Company; that he, the said W. J. Sefton resided in the City of Brooklyn, and was the secretary of said company. That they knew the corporate seal of said company; that the seal affixed to the foregoing deed and purporting to be the seal of said Consolidated Telegraph and Electrical Subway Company, was such seal; that it was so affixed by order of the Board of Directors of the said company, and that by like order they severally signed their names thereto as vice-president and secretary. And the said Edgar L. Ridgway and W. J. Sefton severally acknowledged to me that they executed the said deed freely and voluntarily and as the act and deed of the said Consolidated Telegraph and Electrical Subway Company, for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal in the City of New York, aforesaid, on the said 15th day of May, A.D. 1891. [L.S.] F. DE LYSLE SMITH, Notary Public, Kings County, and City and County of N.Y.. CONSENT OF THE BOARD OF ELECTRICAL CONTROL TO THE TRANSFER OF LOW TENSION SUBWAYS. Whereas, Jacob Hess, Theodore Moss and Daniel L. Gibbens as Commissioners of Electrical Subways, did by an instrument dated April 7th, 1887, enter into a contract with the Consolidated Telegraph and Electrical Subway Company for the building of subways for electrical conductors in the City of New York, which contract was amendatory of a prior contract between said Company and said Commissioners, dated July 22nd, 1886, and both of which contracts were subsequently ratified by an Act of the Legislature of the State of New York, entitled "An Act in relation to Electrical Conductors in the City of New York," passed June 25th, 1887; and Whereas, said Consolidated Telegraph and Electrical Subway Company have under and by virtue of said. contracts built in said City of New York, certain subways for telegraph and telephone conductors and for electric light and power conductors of the Edison Electric Illuminating Company of New York, set forth in the annexed Schedules, being all of the subways constructed for telegraph and telephone conductors and for electric light and power conductors of the said Edison Electric Illuminating Company of New York; and Whereas, by virtue of said Act this Board has become and is the successor of the said Commissioners of Electrical Subways; and Whereas, the said Consolidated Telegraph and Electrical Subway Company has by instrument of even date herewith been relieved by this Board from the obligation to build, maintain or operate for telegraph and telephone subways or electric light and power subways, for the use of the Edison Electric Illuminating Company of New York, and lost the right to build such subways, and also by an instrument of even date herewith, the Empire City Subway Company (Limited), has entered into a contract with this Board for the building of subways for telegraph and telephone conductors and for electric light and power conductors of the Edison Electric Illuminating Company of New York; and |