Board of Commissioners of the NYC Dept of Public Parks
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OF THE)\SS;i.'NED TO .. BOARD OF COM~IISSIONERS OF THE Department of Public Parks FOR THE l YEAR ENDING APRIL 30th, 1879. NEW YORK: EVENING POST STEAM PRESSES, 208 BROADWAY, CORNER FULTON STREBT. 1879. DOCUMENT No. SO, ..... BOARD OF THE Department of Public Parks. JULY 3rd, 1878. AGItEEMENT, granting the New York Elevated Railroad Oom pany an extension of the revocable right of way ,across ,the Battery Park. Ordered printed as a document of the Board. WM. IRWIN, Secretary D. P. P. f IMre/:y ~'elt(l.l tflat- thl~C; l:t; tIle ..IWap showing I the ecl.erldalli/(~.s· upon wfu:Ch tl1~ ~\~w Yhrlv I A'l-eVa!Rd Rail l-load wrnpany isjZennitted to , .. ~ .;! cons/Tad and Otlerate dsRoad overtlle Battery ~-I. ! ~~ ~fl: A':~ <J:.~ .;:- <c.~ 0'::' ~O Park m,' rtuthonE'{!d ~ theBoard qfCommir.;sioner.s ~~ IJerlar&/leht at .Mi?din[j PIER N'?/ flft/Ie p/PublicParks their o IU held July l/'fhI8/:~ and as mentioned in the licenr:;e Z II: :s >- 0 (Jl II: l: - II: III qfJu?V .'i/:187rf' gralltedto said Comjlany; % W l: I W I.. l I- II: 0( 0 enI- _ z Tlze solid blue li~.es show the outside/ tine,,,' 'If (f) W tll.f~ rails. I II: I Q: 'I' .' J, T. ~. 14~ W slgnet:{il .,a8. r. n enrlUlrl. ~ I I"" J Z /J... I re.siden1; /}e/Jartrnent ifPublic Parles. >- i -I / oc:r ~ If.., o Ii a WHI"~~L ,- Iii; In Boqrrl II: 1'14 II ...;. ....... ~/I CD 'I T l /7 th IU-..O ; d U / V /1' () /u . s,. I ~ f-. Ord.erF:d to r:ertified and, tI) he .filp~l. ... ". • I . TATIn /. • J: ... w Sl,'I1z.erl// rr·. rTYtn. I Z W I ::> o 0:: Secretary' I1ellllltmenf;qfPubllc l~ark.~. 0:: ... o ! h.. (/) en Scale 100fl. to un l-"rtck. ihitt ~tuUmttHtum .of an ~.grttmtltt by and between the MAYOR, ALDERMEN AND COMMONALTY of the City of New York, party of the first part, herein represented and acting by the Department of Public Parks (which is hereinafter designated as the Department), and THE NEW YORK ELEVATED RAILROAD COMPANY (hereinafter designated as the Company), party of the second part: Witnesseth, ·Whereas, by an agreement made on the 10th day of February, 1876, by and between the parties hereto, a revo cable right of way and license was granted to the said Com pany by the said Department over the Battery, in the City of New York. Therefore, in consideration of the premises, it is hereby fur ther covenanted, stipulated and agreed a~ follows: 1. That the right of way and license aforesaid is hereby ex tended over, through and across the Battery and Whitehall street, along and upon a route indicated by the part colored :ed upon a map authenticated by the signature of the Presi dent of the said Department and the signature of the said Company, and this day filed in the office of said Department, a copy of which is hereto annexed; and such right of way and license is hereby granted by the said Department to the said Company, its successors and assigns, with all the rights, privi leges and powers contained in the agreement aforesaid in 4 respect to the grant therein made, and subject also to all the terms, provisions and agreements therein contained, with the same effect as if this extension had been contained and granted in said agreement. 2. The said Company may, along the lines of the main route between the points of intersection with the extended route hereby granted, construct and support on the level of the upper portion of its superstructure, and at least ten feet above the surface of the ground, platforms and shelters for the accommodation of passengers, and may alter and use the ex isting stairway for approach thereto, to be made in all respects to the satisfaction of the Department as is provided in respect to the other constructions of the said railroad contained in the aforesaid agreement. 3. And it is further covenanted, stipulated and agreed by the said Company that they will not take down or cut any tree without the express permission of the Department, and that they will forthwith cause all their iron and woodwork and structures upon the Battery to be painted, the sidewalks dis turbed by them to be relaid, the grounds disturbed by them to be graded and plantBd, and vines to be planted and trained around the piers and arches in such color, style, manner and materials as the Department shall direct, under its superin tendence and to its satisfaction. And also, that the said Company, as soon as the platform is erected and stairway altered, as hereby authorized, and open to the public use, will, within thirty days thereafter, wholly remove the present platform and station now over the Battery sidewalk and Whitehall street. In witness whereof the said Department have caused this agreement to be signed by their President under a resolution of • 5 the Board of Commissioners of said Department, and the said Company have caused this agreement to be signed by their President, and their corporate seal to be hereto affixed on the third day of July, in the year one thousand eight hundred and seventy-eight. (Signed) JAS. F. WENMAN, P1'esident Dept. of Public Parks. Signed by JAS. F. WENMAN, Pn"sident 1 of the Dept. of Public Parks, in I presence of, the word "revocable," ~ being first interlined on the first J puge, (Signed) WM. IRWIN, Attest, THE NEW YORK ELEVATED RAILROAD COMPANY, by CYRUS W. FIELD, President. Seal of the New: J. A, COWING, York mevated : Railroad Co. : Secretary. STATE OF NEW YORK, } City and County of New York, ss. : Before me, this 17th day of July, 1878, personally came Cyrus W. Field, to me personally known, and known to be the President of the New York Elevated Railroad Company, one of the parties to the foregoing instrument, who, being duly sworn, did depose and say, that he was the President of the said Company; that the seal affixed to this instrument was the seal of the said Company; that he affixed the said seal thereto by their authority, and that he also executed this in strument by the like authority, (Signed) S. B. CHITTENDEN, JR., Notary Public, [SEAL.] Kings Oounty. Certificate filed in N. Y. Co. DOC U MEN T No. IS t. J30-,-t\.RD OF TilE Department of Public Parks. NOVEMBER 27, 1878. Report of Commissioner Samuel Conover upon charges pre ferred by Com.missioner Smith E. Lane, against Mr. John F. Dawson, Superintendent of Parks, and the testimony taken in relation to said charges. Ordered printed as a document of the Bottrd. WM. IRWIN, Secretary D. P. P. NEW YORK, November 20,1878. To the Board oj Commissioners of the Departrnent of Publt·c Parks: Gentlemen,-Pursuant to resolution of Board bearing date November 6, 1878, I have taken testimony in mat ter of charges preferred by Hon. Smith E. Lane, Com missioner of Parks, against John F. Dawson, Super intendent of Parks, as follows, to wit: " Whereas. Comll;lissioner Lane charges that John F. Dawson, Superintendent of " Parks, took one of the horses of the Department on Saturday morning. the 5th "October, 1878, and went to the races at Jerome Park, and did not return him " self, or bring the horse to the stables iJ~ Central Park, until Sunday, the 6th Oc " tober, 1878, at 12.20 PM., in violation of his duty nud the rnles of the Depart (Ii ment; " And whereas, Said Commissioner Lane chnrgcs that on the 12th day of Ou " tober, 1878, the said John F. Dawson grossly insulted him by shaking hi. fi.t " in his face and using insulting langnage to him; " And whereas, Said Commissioner Lane charges that the said John F. Dawrolt " constantly and willfully neglects his duties as Superintendent of Pal ks; " Resolved, That the Superintendent of Parks be notified to appear before thil " Board at its next meeting to answer said charges, and that if he be fonnd guilty " thereof it is proposed to remove him from his position." As will be observed by reference to them, the charges are of a serious eharacter, which, if true. would injuriously involve Mr. Dawson, as an officer in this De partment; in consequence, T have given great care to the matter; 1st. That justice be dealt out to the party against whom charges had been preferred. 2d. That justification, if possible, should be shown for making the charges on the part of Mr. Lane. It will doubtless occur to this Board, as it did to the undersigned, that it is a duty of peculiar delicacy to sit in judgment, so to speak, for when an associate is so directly concerned, especially when to determine in a. certain way reflects cemmre upon him-but the la.bor i~ imposed and was unsought. 4 I carefully weighed all the testimony presented by the complainant and the accused, gave the utmost latitude to the prosecution, and find: That the seyeral charges against John F. Dawson are without any foundation ~whateyer, each and every speci fication being disproved, not only by witllesses of the defense, but also by witnesses of the prosecution; that the only issue regarding ,vhieh there was a serious dis crepancy in the tr2stimony '>Yas, as to ,>"hether Super intcudent Da wson illsulted Commissioner Lane Ly shaking his fists in the face and using insulting language to him, and as to this difference, in vi'ew of the fact tbat Com missioner Lane, according to the testimony, has enter tained hostile feelings towards the Superintendent, that other charges ,yere disproved, I deemed it my duty to ignore the testimony of both parties, and rely upon that given by a disinterested witness whose statement C0111- pletely vindicates the Superintendellt.