FISHERIES, GAME AND FORESTS. 407 



munication by land or by water from or to any of their lands in said Township eight (8) ; it being 

 expressly agreed and understood that the parties of the first part, their heirs and assigns shall have the 

 same highway rights of every kind or nature or means of communication upon, across or over said 

 Township eight (8) the same as if the agreement and the deed to be given hereunder had not been 

 made or executed. It is also agreed and understood that all trails and ways of communication of 

 every kind or nature by land or by water across and over the said lands in Township eight (8) belong- 

 ing to the parties of the first part not heretofore sold or contracted to be sold shall forever remain 

 open and free to the People of the State of New York. 



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

 agree to 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 Ne-ha-sa-ne Park Association, 

 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 Still- 

 water 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 afore- 

 said claim now pending on behalf of said William Seward Webb, such discontinuance and withdrawal 

 to be without costs as against cither party. 



And the parties of the first part also jointly and severally agree that the People of the State of 

 New York, acting by and through their proper 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 repre- 

 sentatives, heirs, successors or assigns are concerned, at any time hereafter raise the said dam at Still- 

 water on the Beaver River 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, 

 successors and assigns agree to release and relinquish any and all claims for damages that may be 

 occasioned to any lands owned by the parties of the first part or either of them by reason of such 

 raising of said dam 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 the said Beaver River reservoir more than thirteen feet above the crest of the present 

 dam at Stillwater. 



Fourth. — It is also agreed and understood that the deed of conveyance above provided for shall 

 contain a covenant of warranty on the part of the parties of the first part warranting and defending 

 the parties of the second part in the quiet and peaceable possession of all of the lands herein agreed 

 to be conveyed as against any person or persons lawfully claiming the same or any part thereof, 

 except as follows : 



(1) Excepting all highways that may be now located across or over a>ny 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-payment 

 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 party of the first part (the Ne-ha-sa-ne Park Association) 

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



