FISHERIES, GAME AND FORESTS. 45 I 



Fourth. — The parties of the first part, for the consideration herein expressed, jointly and severally 

 hereby release and relinquish to the State and the People of the State of New York, any and all 

 claims for damages against the State of New York or any officer or person acting by its authority to 

 lands not purchased and owned and retained by the said Webb and \e-ha-sa-ne Park Association of 

 the first part, and particularly all claims for damages which they or either of them have sustained by 

 reason of the construction by the State of New York of the present reservoirs upon the Beaver River 

 at Stillwater and upon the middle branch of the Moose River at Old Forge, both in the town of 

 Wilmurt, Herkimer County, New York, and to discontinue and withdraw from the Board of Claims 

 the claim now pending against said State on behalf of said William Seward Webb. Such discon- 

 tinuance and withdrawal to be without costs as against either party, and the parties of the first part 

 also jointly and severally agree, for the consideration herein expressed, that the People of the 

 State of New York, acting by or through their proper officers or official agents or their legal 

 representatives by whatsoever name known or designated, may, so far as the parties of the first part, 

 their legal representatives, heirs, successors or assigns are concerned, at any time hereafter raise the 

 said dam at Stillwater on the Beaver River to the height of thirteen feet above the crest of the present 

 dam or construct a new dam whenever necessary to the height of thirteen feet above the crest of the 

 present dam, and in case said dam at Stillwater is raised to the height of thirteen feet above the 

 crest of the present dam, the said parties of the first part jointly and severally, for themselves, their 

 legal representatives and assigns, agree to release and to relinquish any and all claims for damages 

 that may be occasioned to any lands owned by the parties of the first part or cither of them by 

 reason of such raising of said dani at Stillwater on the Beaver River thirteen feet above the crest of 

 the present dam ; it being expressly agreed and understood that it is not intended hereby to release 

 any damages that may be occasioned to any of the remaining lands of the parties of the first part 

 or either of them by the raising of said Beaver River Reservoir more than thirteen feet above the crest 

 of the present dam at Stillwater. 



Fifth. — And the said William Seward Webb and Ne-ha-sa-ne Park Association of the first part, 

 for themselves, their heirs and assigns, jointly and severally covenant and agree to and with the 

 party of the second part, its successors and assigns, that they will forever warrant and defend the 

 party of the second part, its successors and assigns, in the quiet and peaceable possession of all the 

 lands above conveyed as against any person or persons lawfully claiming the same or any part thereof, 

 and also warrant, covenant and agree that the lands hereby conveyed and herein described consist of 

 at least seventy-five thousand acres. 



(1) Excepting all highways that may be located across or over any of the lands herein agreed 

 to be conveyed, as to which said highways said covenant of warranty shall not apply. 



(2) Except as to all tax sales, tax deeds or tax titles which may originate from the non-oayment 

 of taxes levied after the first day of January, 1896, as to which said taxes, tax deeds, tax sales or tax 

 titles this covenant of warranty does not apply. 



(3) It is expressly understood and agreed that this covenant of warranty shall not apply to a tract 

 of land now in the lawful possession of the parties of the first part (the Ne-ha-sa-ne Park Association) 

 containing about two thousand (2,000) acres of land and described as follows : AH that tract of land 

 in the north-east quarter of Township thirty-eight (38), Totten & Crossfield's Purchase, situate in 

 the town of Long Lake, Hamilton County, N. Y., bounded and described as follows : Beginning at 

 a point on the north line of Township thirty-eight, Totten & Crossfield's Purchase, one hundred and 

 twenty-five (125) chains easterly from the north-west corner of the north-east quarter of said 

 township ; thence easterly along the northerly line of said township one hundred seven and fifty 

 hundredths (107.50) chains more or less to the south-east corner of the triangle north of Township 

 thirty-eight w'hich is a hemlock tree ; thence south eighty-six degrees east seven and sixty-five hun- 

 dredths (7.65) chains to a cedar post on the east line of said Township thirty-eight (38) and west line 

 of Township thirty-seven (37) ; thence southerly along the line between said Townships thirty-seven 

 and thirty-eight one hundred seventy-two chains more or less to the north-east corner of a small tract 

 of land surrounding the w'est end of Bog Lake heretofore sold and conveyed by said William Seward 



