elevation of not over 20 feet above the present grade, to a connection with the proposed upper deck structure of the Harlem River Bridge. The other two tracks may descend to the grade of the present tracks at a point near 127th Street.

Between 51st and 60th Streets, a third and fourth additional track may be laid on the existing structure, which may be raised not exceeding four feet, for the purpose of providing connection over the Queensboro Bridge. One of the said additional tracks with the necessary graduated approaches may be erected over the raised structure at an elevation not exceeding twenty feet above the other tracks.

Connection over Queensboro Bridge

Third Ave

nue Additional Tracks

Upon the Third Avenue Line, additional tracks hereinafter referred to as THIRD AVENUE ADDITIONAL TRACKS, as follows: A third and fourth track from the intersection of Pearl Street and Franklin Square, through Pearl Street, the New Bowery and the Bowery to Canal Street, and a fifth track on the Bowery between Chatham Square and Canal Street. The said tracks may rise on an ascending grade from the level of the existing structure at or near Pearl Street to an elevation not exceeding twenty feet above the existing tracks, for the purpose of passing over the grade of the Second Avenue and Third Avenue tracks at Chatham Square, thence descending to a connection with the reconstructed tracks at or near Canal Street and the Bowery; thence a third track through the Bowery and Third Avenue to 129th Street; and through 129th Street to Second Avenue; thence two additional tracks over the Harlem River, to be constructed over the existing tracks, and to continue above and between the present tracks, which shall be separated for that purpose, through private property, crossing public streets, from the Harlem River to the intersection of Third Avenue and 145th Street and a third track from the intersection of 145th Street and Third Avenue, through Third Avenue to Pelham Avenue; also a fifth track between 138th Street and 142d Street. Between 122d Street and the Harlem River Bridge at the north end of Second Avenue the third track with the necessary graduated approaches may rise and run over the existing tracks at any elevation of not exceeding twenty feet above them in order to cross existing elevated tracks and make connection with the upperdeck tracks of the bridge. The structure may be widened not to exceed three (3) feet between 125th and 129th Streets to provide for supports of the upper grade track and a fourth track may be added immediately under the upper grade track between 126th Street and 129th Street. Also a third and fourth track from the City Hall station at Brooklyn Bridge through Park Row and Chatham Square to a connection with the Second Avenue Line at Chatham Square. The said additional tracks may be constructed at a level of not exceeding twenty feet above the level of the existing tracks at said City Hall station, descending at or near Chatham Square to a level with and running alongside the present tracks as they now exist or may hereafter be constructed, to a connection with the Second Avenue Line. Upon the Ninth Avenue Line, additional tracks hereinafter referred to Ninth Avenue Addias NINTH AVENUE ADDITIONAL TRACKS as follows: A third track from a tional point at or near Battery Place and Greenwich Street through Greenwich Tracks Street, Ninth Avenue and Columbus Avenue to 109th Street; thence through private property 110th Street and private property, crossing public streets, to Eighth Avenue; thence through Eighth Avenue to the Harlem River.

Reconstruc

tion of 116th and 125th Street Stations

Elevation of third

track at ex

press stations

Reconstruction of structures

Building of stations, etc.

Transporta

tion of persons and freight

Term-85 years, subject to earlier termination

Dates of beginning operation

At 53d Street and Ninth Avenue, in order to provide for crossing the Sixth Avenue elevated railroad converging with the Ninth Avenue Line at that point, the third track may be reconstructed and with the necessary graduated approaches may rise above the existing tracks at an elevation of not exceeding twenty feet above them.

From a point on Eighth Avenue at or near 113th Street to a point at or near 118th Street, and from a point at or near 122nd Street to a point at or near 127th Street, the present existing structures may be widened six feet on each side thereof, and the present tracks may be spread to permit the reconstruction and relocating of the present inter-track stations and platforms which are now located at and known as the 116th Street and the 125th Street Stations of the Manhattan Company. This reconstruction may be made to allow the express and local trains to serve these stations from their respective tracks. All the tracks and station platforms, between these points, may be constructed on the present level.

At all points upon the aforesaid Second, Third and Ninth Avenue lines at which the Manhattan Company may hereafter establish express stations for the purpose of directly serving the third track, in order to provide access over the local tracks to such stations, the said track, with the necessary graduated approaches may rise not exceeding twelve feet above the level of the existing tracks, but no such location or construction shall be made without the approval of the Commission first obtained.

Together with the authority to reconstruct or replace under existing franchises the existing structures wherever required in order to provide for or accommodate the erection of the additional tracks and stations herein authorized; to acquire, locate, build, maintain and operate within the streets, avenues and places included within the aforesaid routes or within the immediately adjacent lines of intersecting streets and avenues, all such stations, landing places, stairways, platforms, elevators, telegraph, telephone and signal devices and other appliances, including wires, cables and conduits necessary for the utilization and transmission or exchange of power, heat and light, as may be essential to the construction, operation and maintenance of the additional track or tracks; to transport, over and by means of the same, passengers or freight, or both, by the power or force of electricity or compressed air so used as to involve no combustion or impurity of air in cars, or any other power of like description approved by the Commission; and to acquire and use private property for the construction, maintenance and operation of said additional track or tracks or extensions or stations or station extensions, power plant, stairways, elevators, or other methods of access to and from the street, and for all other purposes necessary to carry into execution the terms and authority of this grant.

The authorizations or licenses hereby granted to lay down and use the Second Avenue additional tracks, the Third Avenue additional tracks and the Ninth Avenue additional tracks as hereinbefore provided and described shall be held by the Manhattan Railway Company for a period of eightyfive years from the date on which the Manhattan Company shall first begin operation of any part of any of the Railroads unless sooner terminated as hereinafter provided. Said date shall be evidenced by a resolution of the Commission entered in its minutes approving such date as the date of

beginning operation of said Railroads and as the date from which the term of these authorizations or licenses run and from which compensation payable hereunder accrues, and also the date from which the period of ten years begins to run after which the City may terminate the authorizations or licenses hereby granted; provided, however, that if operation of any of the Railroads be first begun as to any part thereof at a later date, such date may be evidenced by a resolution of the Commission entered in its minutes approving that date as the date of beginning operation of such railroad and as the date from which the period of ten years begins to run after which the City may separately terminate this authorization or license therefor.

Provided, however, and it is expressly agreed that the authorizations or licenses hereby granted are subject to certain terms, conditions and requirements which appear to the Commission to be just and proper, and which as so subject, are prescribed in the following articles, to wit:

Proviso as to terms, conditions and requirements

I

Execution of

this certificate

This certificate will be executed by the Commission in five identical originals, so proved as to be entitled to be recorded in the office of the Register of the County of New York, and to be filed in the office of the Secretary of State of the State of New York, all of which will be delivered by the Commission to the president, vice-president, secretary or treasurer of the Manhattan Railway Company. The authorizations or licenses hereby granted shall be inoperative and this certificate shall be void unless within thirty (30) days after such delivery or such further period as shall be Acceptance within 30 prescribed in writing by the Commission, the Manhattan Railway Company shall have procured four of the said identical originals to be returned to the Commission, each of them having an acceptance of this certificate and all the terms, conditions and requirements thereof subscribed at the foot thereof by the Manhattan Railway Company, such acceptance being so proved as to entitle it to be recorded and filed as aforesaid.

II

The authorizations or licenses hereby granted, if the Commission shall so determine, after due hearing, shall become void unless within one year from the time of the acceptance of this certificate by the Manhattan Railway Company the Manhattan Company shall further and in due and lawful form obtain and submit to inspection by the Commission the consents of the owners of one-half in value of the property bounded on each portion of the streets, avenues or highways, upon or over which the Railroads or any part thereof are authorized to the construction and operation of the Railroads or such part thereof, or in case the consent of such property owners cannot be obtained, then the determination pursuant to law of commissioners to be appointed by the Appellate Division of the Supreme Court in the First Department that such portion of the Railroads ought to be constructed and operated, the said determination of such commissioners when confirmed by the Court, to be taken in lien of such consent of property owners. Provided, however, and it is expressly stipulated,

days

To obtain property owners' conone year

sents within

Or determination by commis

sioners