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to said party of the second part the sum of one thousand ($1,000.00) dollars as liquidated damages; said sum in no event to be construed or considered as a penalty, nor as limiting the liability of said party of the first part to indemnify said party of the second part against all suits, actions, damages, costs, counsel fees and expenses as above provided.

Said party of the second part in consideration of the agreements herein contained to be performed on the part of the party of the first part, hereby agrees and, upon the completion of the work and performance of the conditions of this agreement by the party of the first part, and does grant to said party of the first part a right of way in and through said State (now Second avenue) street from Market (now Fifteenth) street to Waterford (now Twenty-sixth) street to be used and enjoyed by the party of the first part, in the manner and for the purposes hereinbefore set forth.

In witness whereof, William Kemp, the president of the party of the first part, has hereunto subscribed his name and caused the corporate seal of said party of the first part to be affixed, pursuant to the order of the Board of Directors of said Troy and Lansingburgh Railroad Company, and the Board of Trustees of the Village of Lansingburgh, party of the second part, have by resolution duly passed, caused these presents to be signed by Isaac G. Flack, president, and Oliver McMurray, clerk of said village of Lansingburgh, for and on behalf of said party of the second part, and the village seal to be affixed thereto, the day and year first above written. THE TROY & LANSINGBURGH RAILROAD CO.,

(Seal)....

(Seal)

By William Kemp, President.

Isaac G. Flack, President.

Oliver McMurray, Village Clerk

Rensselaer County, ss.:

On this 28th day of July, 1885, Isaac G. Flack, to me known, came before me, who being by me duly sworn, says that he resides in the village of Lansingburgh, N. Y., and is president of said village, and that Oliver McMurray, whose name is signed to the foregoing agreement, is clerk of said village; that the seal affixed to the foregoing instrument is the corporate seal of said village of Lansingburgh and was hereto affixed by order of the Board of Trustees of said village, and that deponent and said clerk signed and executed the same, by virtue of a like order of said board of trustees.

R. B. STYLES,

Notary Public, Rensselaer County, N. Y.

Rensselaer County, ss.:

On this 28th day of July, 1885, William Kemp, to me known, came before me, who being by me duly sworn says that he resides in the City of Troy, N. Y., and is president of the Troy & Lansingburgh Railroad Company; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and was hereto affixed by order of the board of directors of said company; and that he signed and executed the same by virtue of a like order of said board of directors.

R. B. STYLES,

Notary Public,

Rensselaer County, N. Y.

[Recorded in Rensselaer County Clerk's office July 28,

1885, Book of Deeds No. 212, page 160.]

AN ORDINANCE PERMITTING THE TROY & LANSINGBURGH RAILROAD COMPANY TO OPERATE ITS CARS ON ITS RAILROAD IN SAID Village By The Power OF ELECTRICITY.

Passed April 22, 1889.

The Village of Lansingburgh through its Trustees does hereby ordain as follows:

SECTION 1. In addition to the right now vested in the Troy and Lansingburgh Railroad Company to operate its cars by horse power, and subject to such obligations and agreements as said company may now be under to the village of Lansingburgh, the said company is hereby given the further right to operate and run its cars upon its road in said village, as at present located, and established, by the power of electricity either by overhanging wires or by storage batteries and to that end it may erect poles and string wires and maintain the same as shall be necessary for such purpose and in accordance with the provisions of this ordinance and the statute in such case made and provided, such necessary poles shall be placed and located along the line of said road on the sidewalk next to the curbstone. They shall be of uniform size, planed and painted and the placing and erecting of such necessary poles along the line of said road, their size and length and distance apart as well as the stringing of necessary wires, shall be under the direction and determination of the committee on roads, streets and alleys of the board of trustees of this village, or a majority of such committee first had and obtained.

But this license is hereby given upon the express condition that whenever and wherever the bed of such streets or of the sidewalk thereof or the pavement of any such roadbed or sidewalk shall be disturbed or excavated or the pavement thereof shall be removed, deranged or taken up in whole or in part by said railroad company in changing its motive power for the propulsion of its said street cars,

the said railroad company shall immediately thereafter restore said roadbed and sidewalk to their former state and usefulness to the satisfaction of the trustees of said village, and for any refusal or intentional neglect by said railroad company in that regard the license hereby granted may be thereupon revoked and annulled.

And it is further provided that unless the Troy and Lansingburgh Railroad Company shall forthwith accept in writing this license and enter upon the business of changing the traction and propulsion of its cars upon said street railroad from horse power to that of electric motive power, and shall prosecute the same to completion with all reasonable dispatch then in such case the ordinance shall not take effect and said license shall have no force or virtue.

§ 2. This ordinance shall take effect immediately.

· AN ORDINANCE AUTHORIZING THE UNITED TRACTION COMPANY TO EXTEND, CONSTRUCT, MAINTAIN AND OPERATE A STREET SURFACE RAILROAD IN, UPON AND ALONG EIGHTH STREET IN THE VILLAGE OF LANSINGBURGH, BETWEEN SECOND AVENUE AND THE WEST LINE OF FIFTH AVENUE, AND TO ERECT POLES IN AND STRING WIRES ALONG THE SAID STREET SO THAT THE CARS OF SAID COMPANY MAY BE PROPELLED AND ITS ROAD OPERATED THEREON, AND TO CONNECT THE SAME WITH ITS EXISTING RAILROAD SYSTEM IN SAID VILLAGE, AND TO PRESCRIBE THE TERMS AND CONDITIONS UPON WHICH SUCH EXTENSION, CONSTRUCTION, MAINTENANCE AND OPERATION MAY BE HAD AND CONTINUED.

Passed December 3, 1900.

The Village of Lansingburgh, through its Board of Trustees duly convened in meeting, a quorum being present, does hereby ordain as follows:

SECTION 1. The United Traction Company, a railroad

corporation organized and existing under the laws of the State of New York and owning and operating a street surface railroad in the village of Lansingburgh, N. Y., having made application therefor, pursuant to law, is hereby authorized and granted the right to extend, construct, maintain and operate its railroad by means of a single track, with necessary and convenient curves, switches and turnouts in, upon and along Eighth street, between Second avenue and the west line of Fifth avenue in the said village, and to connect the same with its existing railroad system in said village, and to erect and set up poles, and string wires thereon in, upon and along the said Eighth street between the points aforesaid, and to operate its said railroad in, upon and along said Eighth street as a part of its existing railroad system, and to move and propel its cars thereon by electric motive power or other power, excepting locomotive steam power, and the consent of the Board of trustees, being the local authorities of the said village, is hereby given to such extension, construction, maintenance and operation of said railroad upon the following terms and conditions to wit:

I. No "center bearing" or "T" rails shall be laid down or used in the construction or maintenance of said railroad in the said Eighth street and in all cases, whether in laying new track or in replacing old rails, the said company shall lay down rails similar to those now laid in Second avenue; and the rails shall be laid substantially in the center of the street and all rails shall be laid and maintained flush with the surface of the said street so that the same may be readily crossed by vehicles and they shall be kept at a true grade.

2. Whenever the surface and bed of said street or the sidewalks thereof, or of any pavement thereon, shall be deranged in whole, or in part in the extension and laying of said railroad, or in the setting of said poles, the said company shall immediately thereafter restore the said roadbed, sidewalks and pavements to their former state

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