.. IV

It is agreed that the harbor of the City of Panama shall include the ma time waters in front of the City of Panama lying to the north and east of a li beginning at a concrete monument set on "Punta Mala" marked "A" the map already referred to in this Convention, and running south seven two degrees and fourteen minutes east (S. 72° 14' E.) through the mid island of the three islands known as "Las Tres Hermanas," but excluding t said middle island, and extending three marine miles from mean low wa mark at Punta Mala; and that the harbor of Ancon shall include the wat lying south and west of said line, but including the said middle island whi shall be deemed to be within the harbor of Ancon. The said middle isla hereby included within the harbor of Ancon is situated about south twel degrees, thirty minutes west (S. 12° 30′ W.) eight hundred and fifty-s (856) meters from the point of Las Bovedas and lies in latitude north eig degrees, fifty-six minutes (N. 8° 56′) plus one thousand and fifty-eight a eighty-eight hundredths (1,058.88) meters and longitude west seventy-ni degrees, thirty-two minutes (W. 79° 32') plus three hundred forty-two ar six-tenths (342.6) meters, the datum of said latitude and longitude bei what is generally known as the Panama-Colon Datum. All bearings a referred to true meridian.

The foregoing description of the City of Panama and Panama Harb conform to the accompanying blue print marked exhibit “B." •

It is agreed that the permanent boundary line between the City of Cold and the Canal Zone shall be as follows:

Beginning at a point on the western shore of Boca Chica (sometimes call Folks River) marked "A" on the map, and fifty (50) meters to the eas ward of the center line of the main line of track of the Panama Railroad thence northward and northwestward, always parallel with said railroa track, and at a uniform distance of fifty (50) meters from the center li thereof to the center of Bolivar Street (sometimes called "C" street), sai point being marked "B" on the map; thence northerly along the center li of said Bolivar Street, to the center line of Eleventh Street, this point of inte section being marked "C" on the map; thence westerly along the center line Eleventh Street, a distance of one hundred sixty-two and fifty-three hu dredths (162.53) meters to a cross on the sea wall along Limon Bay, sai point being marked "D" on the map; thence north seventy-eight degree thirty minutes and thirty seconds west (N. 78° 30′ 30′′ W.) to the shore

Not printed.

Art. V amended by convention of May 24, 1950 (6 UST 461; TIAS 3180), replaced by art. VI of treaty of Jan. 25, 1955 (6 ̊ UST 2273; TIAS 3297).

an

Limon Bay at mean low water mark; thence following the mean low water line around the shore in a northerly, easterly, southerly, and westerly direction to the point of beginning, except that at the site of the old Colon lighthouse a detour is made, as shown on the map, to exclude an area of land to be used as the site for a United States battery, which site shall be deemed to be within the Canal Zone.

The site for a United States battery above mentioned, which is to be included within the jurisdiction of the Canal Zone, is described as follows:

The initial point is a tack in a stake on Colon point, situated with reference to certain prominent points as follows: South forty-one degrees, six minutes east (S. 41° 6′ E.) twenty-five and twenty-two one-hundredths (25.22) feet from the southwest interior corner of the upper pavement of the swimming pool; south eleven degrees, thirty-seven minutes west (S. 11° 37′ W.) one hundred twenty-seven and sixty-eight one-hundredths (127.68) feet from a cross mark on a bolt set in concrete base thirteen and nine-tenths (13.9) feet to the northeast of the center of the northeastern edge of the swimming pool; south thirty-five degrees, eighteen minutes west (S. 35° 18′ W.), two hundred sixty-six and seventy-five one-hundredths (266.75) feet from the northwestern corner of the Hotel Washington; and north sixty-eight degrees, twenty-nine minutes west (N. 68° 29′ W.), five hundred forty-three and ninety-five one-hundredths (543.95) feet from the cross mark on a rail set in a concrete base at a point where the south building line of Second Street intersects the center line of Bottle Alley; from this initial point south forty-three degrees, no minutes west (S. 43° 00′ W.), two hundred fiftyeight and five-tenths (258.5) feet to a point; thence north forty-seven degrees, no minutes west (N. 47° 00′ W.) ninety and sixty-four one-hundredths (90.64) feet to a point; thence by a curve to the right with a radius of fiftysix and eighty-six one-hundredths (56.86) feet and a central angle of fortyfive degrees, no minutes (45.00′), forty-four and sixty-six one hundredths (44.66) feet to a point; thence by a curve to the right with a radius of ninetyone (91) feet and a central angle of forty-five degrees, no minutes (45° 00′), seventy-one and forty-seven one-hundredths (71.47) feet to a point; thence north forty-three degrees, no minutes east (N. 43° 00′ E.), one hundred seventy-seven and five-tenths (177.5) feet to a point; thence south fortyseven degrees, no minutes east (S. 47° 00' E.), one hundred fifty-seven and five-tenths (157.5) feet to the point of beginning, containing ninety-one onehundredths (0.91) acres, more or less. All bearings are referred to true meridian (Panama-Colon Datum).

VI

The harbor of Colon shall consist of those maritime waters lying to the westward of the City of Colon and bounded as follows:

The southerly boundary of the harbor of Colon is in a line running nort seventy-eight degrees, thirty minutes and thirty seconds west (N. 78° 30′30 W.), which begins at a cross cut in the concrete sea wall on the easterly sid of Limon Bay and on the center line of Eleventh Street, Colon, produce westerly. This point is marked "D" on the map designated exhibit “C.” Beginning at mean low water mark on Limon Bay on the above described lin the boundary runs northwesterly along said line to a point in Limon Ba marked "E" on the map, and located three hundred and thirty (330 meters east of the center line of the Panama Canal; thence turning to th right and running in a northerly direction the line runs parallel with th above mentioned center line and at a distance of three hundred and thirt (330) meters easterly therefrom until it meets an imaginary straight lin drawn through the lighthouse on Toro Point having a bearing of sout seventy-eight degrees and thirty minutes and thirty seconds east (S. 78° 30 30′′ E.), this intersection point being marked "F" on the map; thence turning to the right and running along the above-mentioned line south seventy-eigh degrees, thirty minutes and thirty seconds east (S. 78° 30′ 30′′ E.) to a poin on the boundary of the above-mentioned site for the United States battery thence turning to the right and running along the said boundary line of said site to the mean low water line of Limon Bay; thence turning to the righ and running along said water line in a generally southerly direction to the point of beginning at the foot of Eleventh Street.

All bearings in this description and on the plan mentioned above ar referred to true meridian (Panama-Colon Datum).

The foregoing description of the City of Colon and Colon Harbor con form to the accompanying blue print marked exhibit "C."

VII'

It is agreed that the Republic of Panama shall have an easement over and through the waters of the Canal Zone in and about Limon and Man zanillo bays to the end that vessels trading with the City of Colon may hav access to and exit from the harbor of Colon, subject to the police laws and quarantine and sanitary rules and regulations of the United States and of the Canal Zone established for said waters.

The United States also agrees that small vessels may land at the east wall which extends along the shore to the south of the foot of Ninth Street and recently constructed by the Panama Railroad Company in the harbor of Colon free of any wharfage or landing charges that might otherwise accrud to the said company under the terms of its concessions from the Govern

'Not printed.

Second paragraph of art. VII abrogated by treaty of Jan. 25, 1955 (6 UST 2273; TIAS 3297).

nent of Colombia; and the United States further agrees that it will contruct and maintain a landing pier in a small cove on the southerly side of Manzanillo Island in the northwesterly portion of the arm of the sea known is Boca Chica (sometimes called Folks River), to be used as a shelter harbor or small coasting boats of the Republic of Panama, without any wharfage or other landing charges.

VIII

Inasmuch as the highway known as the "Sabanas Road" will come entirely within the bounds of the City of Panama under this agreement the authorities of the Canal Zone are hereby relieved of the duty to repair and maintain such road, or any part of it, and the same shall be done henceforth by the authorities of the Republic at their cost and expense.

IX

It is agreed that the Republic of Panama will not construct nor allow the construction of any railway across the Sabanas or other territory hereby transferred to that Republic without a mutually satisfactory agreement having been previously arrived at between the two governments; and this shall be without prejudice to any right the United States may have to object to such railway projection under any of the provisions of the Canal Treaty of November 18, 1903.

X

The contracting parties hereby agree that this Convention shall not diminish, exhaust, or alter any rights acquired by them heretofore in conformity with the Canal Treaty of November 18, 1903; and it is further expressly agreed that the United States, in the exercise of the rights granted to it under articles II and III of the said Canal Treaty and subject to article VI of said Treaty, may enter upon and use, occupy, and control the whole or any portion of the Sabanas land, or other territory hereby transferred to the Republic of Panama, as the same may be necessary, or convenient, for the construction, maintenance, operation, sanitation, or protection of the Canal or of any auxiliary canals, or other works necessary and convenient for the construction, maintenance, operation, sanitation, or protection of said enterprise.

XI

This agreement shall not be construed to modify the rights of the authoritics of the Canal Zone to employ citizens of the Republic of Panama residing in the territory of the Republic as provided in section. V of the abovementioned agreement of June 15, 1904, and for which purpose the Government of the Republic granted the permission required by paragraph 2 of article 7 of the Panamanian Constitution.

XII

The civil and criminal cases pending in the courts of the Canal Zone an the Republic of Panama at the time of the execution of this Conventio shall not be affected hereby but the same shall be proceeded with to fin: judgment and disposed of in the courts where they are now pending a though this agreement had not been entered into.

XIII

The exhibits accompanying this agreement are signed by the representa tives of the respective governments for identification. This Convention, whe signed by the plenipotentiaries of the high contracting parties, will be rat fied by the two governments in conformity with their respective constitu tional laws, and the ratifications shall be exchanged at Panama at the earlies date possible.

In faith whereof the respective plenipotentiaries have signed the preser Convention in duplicate and have hereunto affixed their respective seals. Done at the City of Panama, the second day of September, in the yea of our Lord, nineteen hundred and fourteen.