whether directly or under a mortgage, to
assume the obligations already assumed by the Railroad Company and the
Railroad Company not to be relieved of such obligations by the grant.

This franchise was passed by the Board of Aldermen on December 16th and
approved by the Mayor on December 23d, 1902.

Subsequently, an agreement, dated June 21st, 1907, was entered into by
the City of New York, the Tunnel Company, and the Long Island Railroad
Company covering the construction of the Sunnyside Yard, which forms the
eastern terminus of the line.

In pursuance of this agreement, the map or plan of the City of New York
was changed by discontinuing or closing portions of fifty streets or
avenues, and by changing the grades of sixteen streets or avenues, in
the Borough of Queens, and the portions of streets and avenues thus
discontinued and closed, most of which were not opened for public use,
were sold to the Railroad Companies. The agreement, however, reserved to
the City permanent and perpetual underground rights and easements to
maintain in a reasonable manner, not inconsistent with the construction
and operation of the railroad facilities of the Companies, its existing
sewers, drains, and other sub-surface structures in, under, and through
the lands within the lines of the discontinued portions of each of such
streets and avenues, including the right to repair, rebuild, and enlarge
the same, and to construct in a reasonable manner, not inconsistent with
the construction and operation of the railroad facilities of the
Companies, such additional sewers or drains in, under, or through the
lands as may be hereafter required by the City, together with the right
to enter upon the premises from time to time as may be necessary for the
purpose of inspecting, repairing, constructing, or rebuilding the
sub-surface structures.

The agreement required the Companies to construct at their expense, four
viaducts or bridges over their tracks and terminal development, three
with roadways 42 ft. wide, one with a roadway 60 ft. wide, and each to
have two sidewalks 10 ft. wide, the work to include the paving of the
roadways and sidewalks.

The Companies are further required to pay one-half the cost of the
construction of the foundations, abutments, piers, superstructures, and
approach of an additional viaduct or bridge over the Sunnyside Yard, to
have a roadway not more than 60 ft. wide and two sidewalks each 10 ft.
wide, and to grant the