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 City of New York a perpetual easement for the continuance of the same in the location upon which it shall be constructed.
The agreement further provides that the Companies shall not injure the sewers or other substructures now existing or hereafter constructed under the streets and avenues, and, in case of injury, that they shall repair them or pay the cost thereof; that the viaducts shall be completed within the shortest time consistent with their safe and proper construction, and that during their construction temporary streets shall be provided for the accommodation of traffic.
The Companies are required to bear all the expense of changes of grade in the streets and avenues, except those made necessary by the construction of the viaduct or bridge to be paid for in part by the City; to indemnify the City against all liability for any and all damages which may accrue on account of any street which may be closed or the grades of which may be changed in pursuance of the agreement; to assume all liabilities by reason of the construction or operation of the railroads, or the construction of the viaducts, and to save the city harmless from any liability whatever, to either persons or property, by reason of the construction or operation of the railroads or the construction of the viaducts.