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The Comptroller presented the following report of the Engineer of the Department of Finance, and offered the following resolution relative to compensation to be paid by Frederick Gerken for a pipe line privilege:

Hon. EDWARD M. GROUT, Comptroller;

January 2, 1902.

SIR-The Municipal Assembly by resolution adopted by the Board of Aldermen, and by the Council, on December 10, 1901, and received from the Mayor, December 24, 1901, without his approval or disapproval thereof, therefore, as provided in Section 40 of the Greater New York Charter, the same took effect as if he had approved it, grants permission to

"Frederick Gerken to lay four (4) pipes six (6) inches in diameter, under and "across the carriageway of Chambers street, in the Borough of Manhattan, as shown "upon the accompanying diagram; the said pipes to be used for the purpose of con"ducting steam, water and electricity from his premises situated at No. 142 Chambers "streeet, to his premises situated at No. 143 Chambers street, provided the said Fred"erick Gerken shall pay to the City of New York, as compensation for the privilege "hereby granted, such amount as may be determined as an equivalent by the Commis"sioners of the Sinking Fund.

In reply, I would report that the distance between curbs at this point is 34 feet 8 inches, and I think $69 per annum a correct charge for the privilege, and $15 fee for opening the street.

Respectfully,

EUG. E. McLEAN, Engineer.

Resolved, That the compensation to be paid to the City of New York by Frederick Gerken for the privilege of laying four pipes, six inches in diameter, under and across the carriageway of Chambers Street, in the Borough of Manhattan, for the purpose of conducting steam, water and electricity from premises No. 142 Chambers street to premises No. 143 Chambers street, in the Borough of Manhattan, shall be Sixtynine dollars ($69.00) per annum, and a fee of Fifteen dollars ($15.00) for opening the street, to be paid to the President of the Borough of Manhattan, the opening of the street and the relaying of the pavement to be done at the expense of said Frederick Gerken under the direction of the President of the Borough of Manhattan and subject to such conditions as he shall prescribe; provided also, that the said Frederick Gerken shall give a satisfactory bond for the faithful performance of all conditions prescribed by the said President of the Borough of Manhattan and by resolution of the Council and Board of Aldermen, adopted December 10, 1901, and received from the Mayor without his approval or disapproval December 24, 1901, said bond to be approved by the Comptroller and filed in his office; and provided further, that the right be reserved to revoke such permission at any future time if necessary for the interests of the City.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report of the Engineer of the Department of Finance and offered the following resolution relative to the proposed abolition of certain grade crossings at Kingsbridge, Borough of The Bronx:

Hon. EDWARD M. GROUT, Comptroller;

January 13, 1902.

DEAR SIR-The former Board of Estimate and Apportionment were petitioned on December 10, 1901, by certain residents of the Marble Hill, Kingsbridge and Spuyten Duyvil districts, in the Boroughs of Manhattan and The Bronx, to take action pursuant to Chapter 516 of the Laws of 1901, entitled

"AN ACT to authorize the abolition of certain grade crossings in the City of New "York."

The petition was accompanied by a statement and a map showing how by the change of line of the Spuyten Duyvil and Port Morris Railroad from its present location to a position skirting the northerly side of the Harlem River Ship Canal, seven grade crossings would be abolished. This change of line will necessitate the crossing of the Spuyten Duyvil Creek by the railroad in two places, and the consequent construction of two bridges, the easterly one of which it is proposed to make a trestle, and the other a turn bridge.

The water front of the City of New York is under the jurisdiction of the Department of Docks and Ferries, who make plans for the improvement thereof subject to the approval of the Commissioners of the Sinking Fund.

No plans have as yet been made for the water front of the Spuyten Duyvil Creek, and I would therefore suggest that the Commissioners of the Sinking Fund request the Commissioner of Docks and Ferries to cause such maps to be prepared, bearing in mind the proposed change of line of the railroad in order that the Board of Estimate and Apportionment may be enabled to act intelligently when approving the map required under the law.

Respectfully,

EUG. E. McLEAN, Engineer.

Whereas, The Board of Estimate and Apportionment have been petitioned by residents in the immediate vicinity of the Harlem River Ship Canal and Spuyten Duyvil Creek, to take action, pursuant to the provisions of Chapter 516, Laws of 1901, entitled

"AN ACT to authorize the abolition of certain grade crossings in the City of New "York"; and

Whereas, It is proposed to change a part of the line of the Spuyten Duyvil and Port Morris Railroad from its present position around Marble Hill, on the north, to a position adjacent to the northerly side of the Harlem River Ship Canal; and

Whereas, By so doing it will be necessary to cross the waterway of the Spuyten Duyvil Creek in two places, where it is proposed to place a trestle at the easterly crossing, and a turn bridge at the other-or westerly crossing; and

Whereas, The City of New York is authorized under the act to pay for the lands, easements and rights to be acquired by the Railroad Company necessary for such new right of way;

Whereas, No plans for the improvement of the waterway in question have been made since the opening of the Harlem River Ship Canal;

Whereas, It is requisite that the Board of Estimate and Apportionment should be fully advised of the status of this waterway, and of its improvement, before taking final action on the proposed plan;

Resolved, That the Commissioner of Docks and Ferries be requested to prepare plans for the improvement of the Spuyten Duyvil Creek, and forward the same to this board for their consideration as soon as practicable.

The report was accepted and the resolution unanimously adopted.

The following communication was received from the Board of Armory Commissioners relative to bill of Harry S. Van Demark, for stenographic services:

NEW YORK, January 8, 1902.

To the Honorable; The Commissioners of the Sinking Fund; DEAR SIRS-At a meeting of the Board of Armory Commissioners, held January 7, 1902, the following was adopted:

"Resolved, That the Armory Board does hereby approve the bill and expense, in "the proceeding relative to acquiring the site for the proposed Armory Building, for "the Sixty-ninth Regiment, N. G. N. Y., amounting to the sum of Sixty-two dollars "and fifty-five cents ($62.55), of Harry S. Van Demark, stenographer, and recommend "that the same be paid, in accordance with the provisions of Chapter 393 of the Laws "of 1896, and Chapter 212 of the Laws of 1898, and that the Commissioners of the "Sinking Fund be respectfully requested to concur in and authorize the payment of "the same."

The bill is herewith transmitted.

Yours truly,

JAMES L. WELLS, Secretary.

In connection therewith the Comptroller offered the following resolution:

Resolved, That the Commissioners of the Sinking Fund hereby concur in the resolution adopted by the Armory Board at meeting held January 7, 1902, authorizing and requesting the payment to Harry S. Van Demark of the sum of Sixty-two dollars and fifty-five cents ($62.55) in full for stenographic services in the proceeding relative to acquiring the site for the proposed armory building for the Sixty-ninth Regiment, N. G. N. Y.

Which was unanimously adopted.

The following communication was received from Messrs. Somerville and Sheehan, attorneys for Charles C. Kropp, declining to bid at sale of certain lands in the Thirty-first Ward, Borough of Brooklyn, authorized to be sold: (See Minutes 1901, page 436.)

BROOKLYN, N. Y., December 11, 1901.

In re Application of Charles C. Kropp, for the sale of certain lands in the Thirtyfirst Ward of the Borough of Brooklyn.

Hon. BIRD S. COLER, Comptroller of the City of New York;

DEAR SIR-In the above entitled matter we are authorized by our client to offer to bid the sum of two hundred dollars for the land described in the petition, provided the Commissioners of the Sinking Fund rescind the resolution heretofore adopted by them in this matter, wherein they placed the upset price at three hundred and seventy-five dollars. Our reasons for declining to bid up to the sum stated in the Commissioners' resolution have been fully set forth in a letter addressed to the Secretary of the Commission.

Respectfully yours,

SOMERVILLE & SHEEHAN.

BROOKLYN, N. Y., November 23, 1901.

In re Charles C. Kropp, for the sale of lands:

Commissioners of the Sinking Fund, New York City;

SIRS We are advised that your Honorable Board on the 20th inst. passed a resolution in the above entitled matter, directing that the property described therein be offered for sale, and placing the minimum or upset price at three hundred and seventy-five dollars ($375). We have communicated the contents of the resolution to our client, and he has advised us that he does not care to become a bidder at the sale of the said lands upon the terms as set forth in the resolution of November 20. His reason for taking such stand is that the upset price named in the resolution is far in excess of the value of the property, and in excess of the market value of land recently sold in that vicinity. We are aware that in the report of the engineer, annexed to papers on file in this proceeding, reference is made to a sale of a portion of this old road made by the Mayor of Brooklyn to Henry Sanger Snow, the consideration being one thousand dollars ($1000). We respectfully submit that the sale made to Mr. Snow should not be accepted as a standard of comparison. The plot sold to Mr. Snow had a frontage of forty-seven and one-half feet on Sea Breeze avenue and overlooked the Concourse land, giving an unobstructed view to the Atlantic Ocean; this of itself is an element of value entirely missing in the property described in the petition. Another element of value in the Snow parcel, which is entirely missing in the property described in the resolution, is the fact that Mr. Snow by the purchase from the City of Brooklyn acquired a frontage on West Fifth street for the distance of two hundred and sixty-seven feet. Another element of value in the Snow parcel which is missing from the parcel described in the resolution is the fact that the City conveyed to Snow a piece of land seventeen and onehalf feet on the northeast corner of West Fifth street and Sea Breeze avenue, which, by reason of its peculiar location, was especially valuable. Another element

of value to be taken into consideration when appraising the value of the Snow parcel is the fact that the City was enabled to convey to Mr. Snow the parcel entirely free from any claim of abutting owners, as the title of the owners on the opposite side of West Fifth street could only extend to the centre of West Fifth street. Should the petitioner purchase the City's title it will not be free from the claim of easement of the abutting property owners in the parcel. (See report of Corporation Counsel.) The petitioner is desirous, however, oi abating the nuisance which arises from the present condition of this parcel. We would respectfully call the attention of this Honorable Board to the fact that in November of 1895 the Coney Island and Brooklyn Railroad Company conveyed to P. Mulrenan a parcel on the northerly side of Sheepshead Bay Road, one hundred and twenty-one feet easterly from West Fifth street, being 60x133 feet, for $700, and that the said Railroad Company in the year 1895 conveyed lots, averaging 125 feet by 20, for an average price of $325 per lot. Nothing has occurred since 1895 to increase the fee value of property in this vicinity. The figures which we have here quoted may be verified by the records in the Kings County Register's Office.

As we have before stated, our client's desire in acquiring this property is so that the same may be filled in to the grade, and the present nuisance abated.

We would respectfully suggest that the resolution of November 20 be rescinded and the matter referred back to the engineer for a new appraisal.

Respectfully,

SOMERVILLE & SHEEHAN.
Attorneys for Petitioner.

In connection therewith the Comptroller presented the following report of the Engineer of the Department of Finance, and offered the following resolution:

Hon. EDWARD M. GROUT, Comptroller:

January 16, 1902.

SIR-In re "Application of Charles C. Kropp, for the sale of certain lands in the Thirty-first Ward of the Borough of Brooklyn" Messrs. Somerville & Sheehan, attorneys for the petitioner, Charles C. Kropp, have addressed a communication to the Commissioners of the Sinking Fund, bearing date November 23, 1901, wherein they state that their client does not care to become a bidder at the sale of the said lands upon the terms as set forth in the resolution of November 20, 1901, for the reason that the upset price named in the resolution, viz., $375, is far in excess of the value of the property and in excess of the market value of land recently sold in that vicinity.

They contend that the sale to Henry Sanger Snow of a portion of the same old road, just north of Sea Breeze avenue and to which I referred in my previous report of November 12, 1901 (Minutes of S. F., November 20, 1901, page 438), should not be taken as a standard of comparison as to value for various reasons.

They also call attention to several sales of property in the immediate vicinity in the year 1895, in which the consideration was at a much lower rate per square foot than in the appraisement of the parcel in question.

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