Contract with Boston II. T. & W Engineer and Surveyor of the State of New York, and his decision thereon shall be binding and conclusive upon both parties. NINTH For a more perfect understanding of the ground covered by this ageement, reference is made to the annexed Map which shows the connections made with the Rensselaer and Saratoga Rail Road and the line to the North East where the Mechanicville and Fort Edward Rail Road and the line of the Boston, Hoosac Tunnel and Western Railway diverge the one from the other. IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal and caused these presents to be duly countersigned by its proper officers this 9th day of May 1882. (SEAL) Attest: BOSTON, HOOSAC TUNNEL AND WESTERN RAILWAY COMPANY, By GEO. I. POST, Vice-President and Acting President. In presence of (SEAL) Attest: E. W. PAIGE. THE MECHANICVILLE AND FORT EDWARD RAIL ROAD CO., G. L. HAIGHT, Secy. & Treas. By JAMES ROOSEVELT, President. NEW YORK, LAWS OF 1889, CHAP. 405. AN ACT TO EXTEND THE TIME FOR THE COMPLETION OF THE MECHANICVILLE AND FORT EDWARD RAILROAD. Approved by the Governor June 7, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The time within which the Mechanicville and Fort Edward Railroad Company is required to complete its railroad, is hereby extended for a period of two years from the passage of this act. SEC. 2. This act shall take effect immediately. LEASE OF THE MECHANICVILLE AND FT. EDWARD R. R. CO. TO THE FITCHBURG R. R. CO., DEC. 9, 1890. COVERING 2.86 MILES FROM MECHANICVILLE TO STILLWATER. This Agreement of Lease, made this ninth day of December, 1890, between The Mechanicville and Fort Edward Railroad Company, of the first part, and The Fitchburg Railroad Company, of second part, Witnesseth : That the party of the first part in consideration of the rents and agreements to be paid and performed by the party of the second part, and on the conditions hereinafter stipulated, doth hereby lease unto said party of the second part all that certain strip or parcel of land located in the County of Saratoga, State of New York, constituting the railroad of the party of the first part between the Village of Mechanicville and the Village of Stillwater in said County, including roadbed and appurtenances, for and during the term of one year from the date of this instrument. The second party agrees to pay the first party quarter yearly for the use of said property, a rental of One Dollar per car for all loaded cars received at or shipped from Stillwater. It is mutually covenanted and agreed that the first party may terminate this lease, at any time after one year from the date hereof by giving the second party six months' prior notice of their intention so to do; or the first party may terminate this lease at any time, without notice, upon payment to the second party actual cost price of all improvements or additions put upon the demised property by the said second party. The second party agrees to maintain the track of, and operate said railroad between Mechanicville and Stillwater with its own rolling-stock, at its own expense, and to assume all the obligations of common carrier between said points, and to save the first party harmless from any loss, injury or damage that may be sustained to person or property of itself or any person whatsoever in the maintenance and operation of said railroad during the term of this lease. And at the expiration thereof to deliver up said demised property to said first party in the same good condition it is now in, ordinary wear and tear excepted. The second party agrees not to sell or assign this lease nor to let any other person or persons into possession of the premises. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. ORIGINAL ARTICLES OF ASSOCIATION OF THE UTICA AND WATERVILLE R. R. CO., FILED JULY 11, 1854. These Articles of Association made and signed this 26th day of June, 1854, by virtue, and in pursuance of the Act of the Legislature of the State of New York, entitled an Act authorizing the formation of Rail Road Corporations, and to regulate the same, passed April 2d, 1850, and the several Amendments thereto, Witnesseth, that the undersigned persons have and by these Articles of Association do form a Company, for the purpose of constructing, maintaining and operating a Rail Road for Public use, in the conveyance of persons and property and for that purpose have and hereby do make these Articles of Association stating herein, as required by said statute as follows, that is to say. FIRST. The name of this Company is and shall be the UTICA AND WATERVILLE RAIL ROAD COMPANY. SECOND. The said Company is to continue for the term of Two hundred years from the date hereof. THIRD. The said Road is to be constructed, maintained and operated from the City of Utica in the County of Oneida, through the Sauquoit Valley to the Village of Waterville in said County; the length of said Road is about Twenty miles as near as may be. The said Rail Road is to be constructed in the County of Oneida. FOURTH. The amount of the Capital Stock of the Company is and shall be Three hundred thousand Dollars, which Capital Stock shall consist of Six Thousand Shares of Fifty Dollars each, with the privilege of increasing the same, to such an amount as the Directors shall deem proper, not exceeding the sum of Five hundred thousand Dollars. FIFTH. The following are the Names and places of residence of thirteen Directors of said Company, who shall manage the affairs for the first year, and until others are chosen, that is to say. 1. William C. Johnson, Utica. 2. James Rockwell, Utica. 3. Thomas Foster, Utica. 4. William Huxford, Washington Mills. 5. George Chadwick, Utica. 6. Chauncey S. Butler, Sauquoit. 7. George M. Brownell, Sauquoit. 8. David J. Millard, Clayville. |