Now, therefore, this indenture witnesseth :

That the said party of the first part hereby gives license and permission to the parties of the second part to extend the line of said bulkhead and build a sea wall upon a line two hundred and fifty feet westerly from the inner or easterly side of West street and to fill in with solid filling behind the same and complete and finish the said work all in accordance with the plan or plans adopted by the said Department of Docks, at the cost and expense of the said parties of the second part.

The said parties of the second part covenant and agree that the work necessary to be done, and the labor and materials necessary theretor shall be done and furnished by the Department of Docks and that they, the said parties of the second part, will pay to the Department of Docks for and on behalf of the party of the first part, upon requisition upon them by the Department of Docks, the reasonable cost and expense of performing such work and furnishing such labor and materials.

And the parties of the second part, for and in consideration of such license and permission, and for and in consideration of the wharf property hereinafter conveyed to them by the said party of the first part, hereby relinquish unto said party of the first part, all the rights of wharfage, cranage, emoluments and hereditaments appurtenant to all that bulkhead on the westerly side of West street, as it exists at the date of this indenture and extending southerly along said westerly side of West street one hundred and fifty-six feet more or less from the northerly side of Pier, Old number 28, North river, at the foot of Murray street.

Also all that portion of said Pier, old No. 28, North river, which lies between the bulkhead on the westerly side of West street as it exists at the date of this agreement, and the new bulkhead line adopted by the Department of Docks and approved by the Commissioners of the Sinking Fund, together with all rights of wharfage, cranage, emoluments and hereditaments appurtenant to said portion of said Pier, the said bulkhead, the rights appurtenant to which are hereby conveyed and the said portion of said pier hereby conveyed being shown upon the map hereto annexed, and which is made part hereof.

And the parties of the third part for and in consideration of the premises and of one dollar to each of them in hand paid, the receipt whereof is hereby acknowledged, do hereby remise and release unto said party of the first part, all their several rights, title and interests in and to said premises.

To have and to hold the said hereinbefore described wharf property unto said party of the irst part to its own use and behoof forever.

And the party hereto of the first part for and in consideration of the wharf property hereinabove conveyed by the parties of the second part and for and as a reimbursement of the said parties of the second part for the cost and expense of the improvements to be made by them, or at their cost and expense, hereby grants, bargains, sells, aliens, remises, releases and confirms, and by these presents has granted, bargained, sold, aliened, remised, released and confirmed unto the parties of the second part all the rights of wharfage, cranage, emoluments and hereditaments appurtenant to all that bulkhead, when completed, on a line two hundred and fifty feet westerly from the inner or easterly side of West street, heretofore adopted by the Department of Docks and pproved by the Commissioners of the Sinking Fund as the new bulkhead line and running southerly from the northerly line of Pier old 28 at the foot of Murray street along said new bulkhead line one hundred and fifty-six feet more or less.

And also all the rights of wharfage, cranage, emoluments and hereditaments appurtenant to that portion of Pier Old No. 28 already extended at the date of this agreement and to that portion of said Pier, when completed, which is further to be extended so as to conform to the plan heretofore adopted by said Department of Docks and approved by the Commissioners of the Sinking Fund, said wharf property being shown upon the map hereto annexed and made part hereof.

To have and to hold the said wharf property to his, her and their own use and behoof forever, subject to the payment hereinafter provided for.

And the said parties of the second part accept said conveyance, and agree among themselves to hold and enjoy the said hereby conveyed premises in the same undivided shares and interests as they hold and enjoy at the date of this Indenture the old bulkhead and pier and the wharfage, cranage and other emoluments arising from the old bulkhead and pier by this instrument conveyed to the party of the first part.

And the parties hereto of the second part hereby covenant, promise and agree, to and with the party hereto of the first part, that the said parties of the second part shall and will, well and truly, and without any manner of deduction, abatement, fraud or delay, pay or cause to be paid to the said party of the first part, its successors or assigns, at the office of the Board of Docks, their successors or successor, yearly and every year forever after the date of this agreement, or until such time as the party hereto of the first part shall acquire said wharf property herem conveyed to the parties of the second part by process of law or by private agreement according to law, the sum of eight hundred and seventy-three 75-100 dollars ($873.75), payable quarterly on the usual quarter days, by reason of and as compensation for the excess of area in square feet of the lands under water covered by the extension of said pier beyond that covered by the portion of the said pier lying between the westerly side of the old West Street and the westerly side of West Street as enlarged and widened in accordance with the plan of the Department of Docks and approved by the Commissioners of the Sinking Fund.

And it is further mutually agreed and convenanted by and between the parties of the first and second parts hereto that in case the Mayor, Aldermen and Commonalty of the City of New York shall at any time seek to acquire the rights hereinbefore conveyed to the parties hereto of the second part, by process of law or private agreement according to law, the said party hereto of the first part shall pay said owners, the parties of the second part, such an amount as may be determined upon in the proceeding for the acquisition of said rights, or may be agreed upon by the said parties hereto of the second part and the Department of Docks, with the approval of the Commissioners of the Sinking Fund, to be the value of the rights of wharfage, cranage and other emoluments appurtenant to the new bulkhead constructed by the parties hereto upon the new lines and of the rights and property in and to the said pier as the same shall be extended under and pursuant to this agreement.

And it is further mutually covenanted and agreed by and between the parties hereto that the terms, conditions and covenants herein contained on the part of the party hereto of the first part shall be binding upon it, its successors and assigns, and that the terms, conditions and covenants herein contained on the part of the parties of the second and third parts shall be binding upon them, their heirs, executors, administrators, successors and assigns.

And it is further mutually agreed by and between the parties hereto that this indenture shall be of no force or effect unless the same is approved by the Commissioners of the Sinking Fund, which said approval shall be evidenced by a certificate of approval of said Commissioners of the Sinking Fund to be endorsed upon this indenture.

In witness whereof the Board of Docks has caused these presents to be executed, in quadruplicate, in conformity with its by-laws, by its president, treasurer and secretary, for and on behalf of the said The Mayor, Aldermen and Commonalty of the City of New York, and the parties hereto of the second and third parts have severally hereunto subscribed their names and affixed their seals the day and year first above written.

[SEAL.] E. C. O'BRIEN, President; EDWIN EINSTEIN, Treasurer; GEORGE S. TERRY, Secretary.

GEO. WELWOOD MURRAY.

Frederick Gallatin, Almy Goelet Gallatin, Mary Rhinelander King, Alice Davis, Ellen King, Mary E. Newbold, Albert Horatio Gallatin, Louisa B. Gallatin, Eliza L. Edgar, Mary R. Swan, Mary B. Callender, John A. King, William C. Renwick, John G. Steenken, Edward J. Brockett,

sole remaining trustees under the last will and testament of William R. Renwick, Frances D. Rhinelander, Frederic W. Rhinelander, Lucretia S. Jones, by George V. N. Baldwin, attorney; Albert R. Gallatin, Helen Dawson Gallatin, John de Courcy Ireland, Elizabeth M. Stevens, Elizabeth M. Stevens, as guardian in socage for Lucille M. Stevens, Frances Dawson Gallatin, by Edwin A. Cruikshank, attorney; Harriet L. Gallatın, by Edwin A. Cruikshank, attorney; Lucille M. Stevens, by Elizabeth M. Stevens, guardian; Elizabeth M. Stevens. special guardian for Lucille M. Stevens; Elizabeth D. Gallatin, special guardian for James N. Gallatin, and Frederick Gallatin, Jr.; William B. Macomber, Henrietta H. Weeden, committee in New York of the property of Annie E. Renwick.

Witness: Charles D. Howland, as to Elizabeth M. Stevens, special guardian for Lucille M. Stevens; Allen W. Johnson, as to Elizabeth D. Gallatin, special guardian, etc., and as to William B. Macomber and Henrietta H. Weeden, committee, etc.

State of New York, City and County of New York, ss.:

On this 16th day of September, A. D. 1897, before me personally appeared Edward C. O'Brien, President of the Department of Docks of the City of New York, and Edwin Einstein, Treasurer, and George S. Terry, Secretary of the said Department, all to me personally known, who being by me duly sworn, did severally depose and say that they are respectively President, Treasurer and Secretary of the Department of Docks of the City of New York, that they and each of them reside in the City of New York, and that they have affixed their hands to the foregoing instrument as such President, Treasurer and Secretary, respectively, by virtue and authority of a resolution of the said Department of Docks, adopted the 15th day of September, one thousand eight hundred and ninety-seven, and in accordance with the said resolution have caused the seal of the said Department to be hereunto affixed.

CHARLES J. FARLEY, Commissioner of Deeds.

State of New York, City and County of New York, ss.:

On the 22d day of March A. D. 1897, personally came and appeared before me Mary Rhinelander King, Alice Davis and Ellen King, to me personally known, and known to me to be three of the persons described in and who executed the foregoing instrument, and severally acknowledged that they executed the same.

GHERARDI DAVIS, Notary Public, New York County.

State of New York, City and County of New York, ss.:

On the 24th day of March A. D. 1897, personally came and appeared before me Frederic Gallatin and Almy Goelet Gallatin, his wife, to me personally known, and known to me to be two of the persons described in and who executed the foregoing instrument, and severally acknowledged that they executed the same.

J. F. PHELAN, Notary Public, Kings Co., N. Y., Certificate filed in N. Y. County.

State of New York, City and County of New York, ss. :

On this twelfth day of April, 1897, before me personally came George V. N. Baldwin, known to me to be the attorney in fact of Lucretia S. Jones, the person described in and who executed the foregoing instrument by her said attorney, and the said George V. N. Baldwin acknowledged to me that he executed the same as the act and deed of Lucretia S. Jones therem described and for the purposes therein mentioned by virtue of a power of attorney duly executed by the said Lucretia S. Jones, bearing date the fourth day of May, 1896, and recorded in the office of the Register in the City and County of New York on the 26th day of March, 1897.

G. A. STIMPSON, Notary Public, Kings Co., N. Y., Cert. filed in N. Y. Co.