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March 29, 1844, was authorized to construct a tunnel for the use of its trains in Atlantic street:
Commencing at the intersection of Atlantic street with the westerly side of Boerum street and continuing westerly to the easterly side of Columbia street.
By chapter 220, laws of 1853, it was provided that every railroad corporation on Long Island formed either under the General Railroad Law or under a special act, should have the right to use the same motive power throughout its entire length as was then in
It was provided further, that in case of complaint in regard to the manner in which any road was being used, the Supreme Court at general term might issue an order regulating and directing the manner in which the motive power on any road complained of should be used. This act was to take effect on condition that The Brooklyn and Jamaica Railroad Company cede a strip of land on the south side of Atlantic avenue from Gowanus lane to Classon avenue to the city of Brooklyn for street purposes, on terms and conditions to be agreed on between the Company and the city.
April 10, 1855, this Company, The Long Island Railroad Company and the city of Brooklyn entered into a tripartite agreement, which had for its purpose the opening and widening of Atlantic avenue from Gowanus lane (about where Fifth avenue now intersects Atlantic avenue), to Franklin avenue, and the widening of Schuyler street from the latter point to the eastern city limits in the line of the extension of Atlantic avenue. This Company agreed to cede to the city the strip of land referred to in the act of 1853, on the south side of Atlantic avenue between Gowanus lane and Classon avenue, “ for the purpose of a public street forever and for no other use whatsoever.” The city agreed to cause this strip to be graded and paved and maintained as a portion of Atlantic avenue, and further to give this Company and its lessees the right to use and occupy a space of 30 feet in width in the centre of Atlantic avenue after it had been widened to be used in the same manner as the ceded strip of land in use, by this company, and as if the railroad track had been originally constructed and in use upon the strip of land at the time of the passenger of the act of 1853. The Company's right to use the centre of Atlantic
avenue was to continue as long as the avenue was maintained as a public street. The Long Island Railroad Company agreed, with the consent of The Brooklyn and Jamaica Railroad Company, to remove the tracks from the strip of land to be ceded and to relay them in the centre of the avenue when widened.
The two companies by this agreement expressly waived all right to require an application to the Supreme Court to regulate the use of motive power on the road, and severally agreed that the Brooklyn common council might by ordinance“ make all prudential and reasonable orders regulating the rate of speed of trains over said Atlantic avenue and Atlantic street, and also over said avenue when extended, and over Schuyler street when widened as hereinafter mentioned, east of Classon avenue, and within the city limits, as soon as the said avenue and street shall have been actually extended and widened and the railroad tracks and rails removed to the centre thereof." The city on the other hand agreed that the companies should have the right to use locomotives and steam power within the limits of the city during the continuation of their respective charters and the renewals thereof, without interruption or molestation by the city, and subject only to the city's right to regulate the rate of speed. It was further recited in this agreement that the city was about to obtain from the legislature authority to alter the commissioner's map by extending Atlantic avenue of the width of 120 feet from Classon avenue to Schuyler street, and by widening Schuyler street by adding a 50foot strip along the northerly side of the street so as to make it 120 feet wide from Atlantic avenue to the easterly city line. It was agreed that if the city obtained this authority and should formally determine to make the improvement within one year after the passage of the act granting the requisite authority, the companies would sell the city such portion of the lands owned by them between Classon avenue and Franklin avenue as should be required for the purpose of widening Atlantic avenue to a width of 120 feet, in consideration of the payment of the value of the land as fixed by appraisers, and in consideration of the right to occupy with their railroad tracks a 30-foot strip in the centre of the avenue as extended. They also agreed, if authorized to do so by the legislature, to cede a strip of land 50 feet in width then owned by The Brooklyn and Jamaica Railroad Company and occupied by its tracks, extending from the westerly side of Franklin avenue to the easterly city limits, on the condition that the companies should forever have the exclusive right to use and occupy a strip or space of the width of 30 feet in the centre of Atlantic avenue as so extended, and in the centre of Schuyler street as thus widened, for the purpose of their railroad tracks and turnouts and for the running of locomotives and cars. The companies agreed that after the ceding of the land and the extension, widening and improvement of the streets, to remove and relay their tracks, but the city was to pay them the cost of making the change on that part of the tracks lying east of Classon avenue at a rate, however, not to exceed 25 cents per running foot of tracks and turnouts, plus the cost of removing and replacing buildings, fixtures, etc., connected with the depots, this cost to be limited, however, to $400. It was stipulated that nothing in this agreement should be held to authorize the companies to run their cars or locomotives within the limits of the city on Sunday, and it was agreed between the companies that the lease of The Brooklyn and Jamaica Railroad held by The Long Island Railroad Company be extended to the portions of the road as altered under the terms of this agreement. No part of this agreement was to be binding on either party until confirmed by an act of the legislature. Such an act was passed, however, April 13, 1855, being chapter 475, of the laws of that year. By this act the street known as Atlantic street, together with the portion of Atlantic avenue as extended, and Schuyler street as widened, was to be known when the improvement had been completed, as Atlantic avenue.
By chapter 484, laws of 1859, the common council of the city of Brooklyn was required, on the application of the majority of the owners of land in the district to be assessed, to apply to the Supreme Court at special term in Kings County, for the appointment of commissioners to enter into a contract with The Long Island Railroad Company, for the closing of its tunnel on Atlantic avenue and the relinquishment of its right and of the right of The Brooklyn and Jamaica Railroad Company to use steam within the city limits. This act provided that the companies were to receive as compensation for such relinquishment of their rights the sum of $125,000. The Long Island Railroad Company was required under the act to operate horse cars for freight and pas
sengers from South ferry to the city line, there to connect with steam cars for Jamaica. It was stipulated that the council should have the right to regulate the rates of fares charged on the horse railroad within the city limits, and such rates were to be the same as those charged by the Brooklyn City Railroad Company. The council was to have "a municipal control and regulation the road.
By chapter 460, laws of 1860, this Company was authorized to consolidate with the Brooklyn Central Railroad Company under the name of the Brooklyn Central and Jamaica Railroad Company (no. 74). No document is on file with the Public Service Commission showing the exact date of this consolidation, but it appears not to have been effected until about August 8, 1860.
In the meantime, by an agreement dated April 26, 1860, between this Company and The Long Island Railroad Company, it was recited that the latter company proposed to remove its terminus on the East river from Brooklyn to Hunter's point, and that this Company had procured or was about to procure from Brooklyn certain rights to run city cars, and for that and other reasons it desired to have the rights of The Long Island Railroad Company under its lease of this Company's road extinguished.
Accordingly, by this agreement the lease of December 1, 1836, was canceled, and The Long Island Railroad Company assigned to The Brooklyn and Jamaica Railroad Company whatever right, title and interest it had in the tunnel in Atlantic street and the opening and approaches to the tunnel, the track and roadway in the tunnel and any easement it possessed in or under Atlantic street, through or under the tunnel, and any right it or its successors had to use steam power within the limits of the city of Brooklyn. It was expressly agreed between the companies that this assignment was to take effect on the completion of The Long Island Railroad Company's new road to Hunter's point and that the assignment was made in order, among other things, " to enable The Brooklyn and Jamaica Railroad Company to yield up, surrender and extinguish all right to said tunnel and all rights to use steam power within the limits of the city of Brooklyn.” This Company in return for the surrender of the lease agreed to convey to The Long Island Railroad Company in fee simple a parcel of land situated at Jamaica 25 feet in width on the north side of the Brooklyn and Jamaica Railroad, with one track along the south side of such parcel extending from a point on the Brooklyn and Jamaica Railroad designated by a locust post west of Jamaica, easterly to the westerly side of the depot at Jamaica at the old Rockaway road, together with the lands, depot grounds, roadbeds, track, machine shop and appurtenances of The Brooklyn and Jamaica Railroad Company situated cast of the old Rockaway road. The premises so conveyed were covered by this Company's mortgage, but the company agreed to indemnify The Long Island Railroad Company against any demands on account of the mortgage or bonds issued under it. This Company further agreed that upon the removal of The Long Island Railroad Company to Hunter's point, the use of steam power should cease upon this Company's existing or future tracks within the limits of the city of Brooklyn, and should not thereafter be permitted by this Company or its successors or assigns.
This Company also agreed to insert in any conveyance of its right or franchise a clause to the effect that the grantee and its successors should not use steam power within the city limits. The Long Island Railroad Company, on the other hand, agreed to assign to this Company its lease from Milford Martin, of the wharf and water lots at the South ferry in Brooklyn subject to the rentals due from time to time on this property. The Long Island Railroad Company under this agreement was to have the right to remove the wood sheds and water tanks and pipes at Bedford station and South ferry and the turntables at South ferry, and also all the tracks and switches on any part of the railroad now in use by the latter company between the East river and Jamaica, excepting a single track from the end of the dock on the East river to the westerly end of the tunnel, and excepting also a double track through the tunnel to Bedford avenue; a single track from Bedford avenue to the old Rockaway road at Jamaica; the turnout erected at East New York prior to the first day of December, 1858, and one of the turnouts at Jamaica west of the old Rockaway road.
By another agreement of the same date, April 26, 1860, The Long Island Railroad Company assigned to this Company all its interest in the sum of $125,000, to be paid by the city from local