I offer the following resolution to concur in the approval of the said plans by the Armory Board for such action as the Board may deem advisable.

Respectfully,

THEO. W. MYERS, Comptroller.

Whereas, The Commissioners of the Sinking Fund, on December 1, 1892, concurred in a resolution of the Armory Board for the erection of an armory for Troop "A," of the National Guard, on Madison avenue, between Ninety-fourth and Ninetyfifth streets, at an expense of one hundred and forty thousand dollars, including architect's fees, and plans for such armory are now submitted for approval, which plans have been reported upon favorably by the Engineer of the Finance Department; therefore

Resolved, That the Commissioners of the Sinking Fund hereby concur in the resolution adopted by the Armory Board, March 15, 1893, approving the plan submitted by John R. Thomas, architect, for an armory for Troop "A," under the conditions specified in the said resolution.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report and resolution on petition of George N. Lawrence and others, for a release of the City's interest in a parcel of land formerly under water, at One Hundred and Thirty-first street and Twelfth avenue, together with an appraisement and map of the property, and a communication from the Counsel to the Corporation thereon:

FINANCE DEPARTMENT-COMPTROLLER'S OFFICE,
March 30, 1893.

To the Commissioners of the Sinking Fund:

GENTLEMEN-The petition of George N. Lawrence and others, heirs-at-law of Thomas N. Lawrence, deceased, for the release of the City's interest in certain property, formerly under water, lying at the southeast corner of One Hundred and Thirty-first street and Twelfth avenue, was referred to the Comptroller by this Board on April 22, 1892, and has been carefully considered.

The Engineer of the Finance Department reports that the area of the land in question is 7,952.2489 square feet, equal to 3.18 city lots.

I submit herewith an opinion from the Counsel to the Corporation, dated December 5, 1892, in which he advises that "the application of the present petitioners should be granted, and the release asked for should be executed by the proper city officials upon such terms as to the Commissioners of the Sinking Fund of the City of New York may seem fit and proper." The appraisement of the City's interest therein is deemed by the Comptroller and the Commissioner of Public Works to be worth $2,000, the arrears of

taxes and assessments to be paid by the petitioners, the said sum of $2,000 being a fair and equitable consideration to be paid for such release.

All the documents relating to the matter are submitted herewith, and the following resolution is recommended for such action as the Commissioners of the Sinking Fund may deem proper.

Respectfully,

THEO. W. MYERS, Comptroller.

Resolved, That the Commissioners of the Sinking Fund hereby approve of and agree to a release of the City's interest in a certain parcel of land, formerly under water and now filled in on the southeast corner of One Hundred and Thirty-first street and Twelfth avenue, known as part of Block 1287 of the Twelfth Ward, being irregular portions of Ward Nos. 60, 61, 62 and 63, and equal in area to 3 18-100 city lots, to George N. Lawrence and others, heirs-at-law of Thomas N. Lawrence, deceased. The sum of two thousand dollars is hereby fixed as the sum of money to be charged as a consideration for such release. The Comptroller is authorized and directed to cause a release or deed of conveyance thereof to be issued to the petitioners, to be executed by the Mayor and the Clerk of the Common Council, when prepared and approved by the Counsel to the Corporation, provided that all arrears of taxes and assessments and Croton water rents shall be paid by the petitioners.

The report was accepted and the resolution unanimously adopted.

APPRAISEMENT.

To the Commissioners of the Sinking Fund:

NEW YORK, March 30, 1893.

GENTLEMEN-The undersigned-the Comptroller and the Commissioner of Public Works-in accordance with the opinion of the Counsel to the Corporation, dated Decenber 5, 1892, and as provided by section 79 of article VI. of chapter 3 of the Revised Ordinances of 1880, have examined and inquired into the facts relating to the petition of George N. Lawrence and others, heirs-at-law of Thomas N. Lawrence, deceased, for the release of the City's interest in certain property described in said petition, formerly under water, lying at the southeast corner of One Hundred and Thirty-first street and Twelfth avenue, known as part of Block 1287 of the Twelfth Ward, being irregular portions of the Ward Nos. 60, 61, 62 and 63, and equal in area to 3.18 city lots; and respectfully report that, in their judgment, the sum which should be charged as the consideration for the grant or release of the City's interests therein is $2,000, which sum is deemed by them to be a just and equitable compensation for the same, all arrears of taxes and assessments on said property to be paid by the petitioners.

THEO. W. MYERS, Comptroller.

MAURICE F. HOLAHAN,

Deputy and Acting Commissioner of Public Works.

SIR-I beg to acknowledge the receipt of your communication of October 4, 1892, in which you inclose the petition of George N. Lawrence and other heirs-at-law for release of land in Lawrence street, now closed at Twelfth avenue and One Hundred and Thirtyfirst street; a memorandum relative to said petition, filed subsequent to original petition, and the report of the Engineer of the Finance Department, with map or diagram of the property in relation thereto, for my consideration and advice.

The facts as they appear from the petition to the Commissioners of the Sinking Fund of the City of New York, inclosed in your communication, are as follows:

On or about the 6th day of September, 1806, a map was filed by the owners of several large tracts or farms within the upper part of the city called Harlem, laying out the same into lots upon the streets and avenues shown thereon, calling the same Manhattanville. One of the said streets was designated Lawrence street. Subsequent to the making and filing of said map, and on November 14, 1808, the Mayor, Aldermen and Commonalty of the City of New York, conveyed to certain persons land under water between high and low water mark on the Hudson river, adjoining their respective parcels; two parcels fronting upon Lawrence street were conveyed, respectively, to Jacob Schieffelin and to Joseph Byrd, as shown on the maps attached to said grants, which are recorded, respectively, in Book of City Grants, on file in the Comptroller's office, in the City of New York; the Commissioners of the Streets and Roads, appointed by chapter 115 of the Laws of 1807, to lay out the City of New York, upon the map filed by them on April 1, 1811, laid out certain streets and avenues designated thereon as One Hundred and Thirtieth and One Hundred and Thirty-first streets and Eleventh and Twelfth avenues, but did not retain and lay out thereon the said Lawrence and Schieffelin streets mentioned in the grants hereinbefore referred to. Subsequently the Commissioners of Central Park, acting under and pursuant to chapter 697 of the Laws of 1867, upon the map filed by them March 1, 1868, relaying out all that part of the City of New York between Fifty-ninth and One Hundred and Fifty-fifth streets and Eighth avenue and the Hudson river, retained the said One Hundred and Thirtieth and One Hundred and Thirty-first streets and Twelfth avenue, and widened the Eleventh avenue, now called the Boulevard, to the width of 150 feet, but did not lay out or show thereon said Lawrence or Schieffelin streets, west of Eleventh avenue. Lawrence and Schieffelin streets are not now and have not been, since the year 1811, streets of the said city, but have been closed as aforesaid upon the map or plans of the city. Jacob Schieffelin, Joseph Byrd and John B. Lawrence and their heirs and assigns have always claimed that, by virtue of the said grants hereinabove referred to, the title to the land within the limits of said Lawrence street was conveyed to them, as it was intended to be, and have always claimed the same in fee simple absolute; all the rights and interests which Jacob Schieffelin and Joseph Byrd acquired in and to the land on both sides of Lawrence street, under and by virtue of said grants, were conveyed by certain mesne conveyances to John B. Lawrence in his lifetime. John B. Lawrence died in October, 1844, leaving a last will and testament which was duly admitted to probate in November, 1844; by said will the executors therein appointed were authorized and empowered to sell and dispose of the real estate of the testator at such time or place as they might think best for the interests of said estate. Said executors caused a map of the property of said testator to be made by Edward Doughty, a City Surveyor, which is entitled "Map of property at Manhattanville, belonging to the estate of John B. Lawrence, deceased, dated January, 1845," a copy of which map so filed, as it refers to the block bounded by One Hundred and Thirtieth and One Hundred and Thirty-first streets, is annexed to the said petition to the Commissioners of the Sinking Fund. Said executors sold and conveyed many of the lots as laid down on said map to various purchasers prior to a partition subsequently made; said lots have been since used, occupied and rossessed by said grantees, their heirs or assigns, without any suit or interference by or on behalf of the Mayor, Aldermen and Commonalty of the City of New York or any other persons whomsoever. In 1852 an action of partition was instituted in the Supreme Court by and between the heirs-at-law of John B. Lawrence to partition the real estate which John B. Lawrence died seized of, but which had not been sold or dis

posed of by his executors; such proceedings were had in said action that, in May, 1853, a judgment and decree of partition were entered, confirming the report of the Commissioners of Partition therein, and directing partition to be made in accordance therewith; in pursuance of said judgment a deed in partition was executed by all the parties thereto, heirs-at-law of the said John B. Lawrence, by which certain property described in the said petition was conveyed to Frank N. Lawrence, other property described'in said petition was conveyed to Thomas N. Lawrence, other property was conveyed by said deed to George N. Lawrence. Upon the delivery of the said deeds, the several grantees went into possession of said property described in said deeds, and from that time to the present they and their grantees have been in possession thereof without any claim, demand or interference by, or on behalf of the Mayor, Aldermen and Commonalty of the City of New York or any other person whomsoever. The City has taxed and assessed said property as belonging to the said owners, and has ever since received and collected said taxes and assessments. Subsequently George N. Lawrence and Fred. N. Lawrence conveyed the property conveyed to them under the partition deed to Thomas N. Lawrence, and Lawrence from the time of such conveyances has been in possession under said deeds, and has paid taxes and assessments thereon to the City; Lawrence died on the 9th day of July, 1889, intestate, leaving the petitioners his heirs-at-law. It has been suggested that, under the conveyances from the City, the latter retained the same interest or right in and to Lawrence street; that such possible interest may be and is a cloud upon the title of the petitioners, that the petitioners, while not admitting in anv way that such doubts have any foundation in law or fact, or that the City has any title or interest whatever therein, yet, they are desirous of removing any question as to their title, and, in order to do so, pray that a release may be made by the City to them of whatever right, title or interest the said City may have in and to the same.

These facts are, in the main, conceded to be correct by Eugene McLean, the Engineer of the Finance Department, in his report to the Comptroller upon this application, dated August 20, 1892, and transmitted in your communication of October 4, 1892, to this office.

A somewhat similar question was passed upon by one of my predecessors in 1885, in relation to the petition of the Honorable Smith Ely, Jr., to the Commissioners of the Sinking Fund for a grant of land or a deed from the City of a strip of land under water, between high and low water mark, on the block bounded by Twelfth avenue, Broadway, One Hundred and Twenty-ninth street, One Hundred and Thirtieth street and Manhattan street. Upon that application a communication was addressed to the Honorable Edward V. Loew, then Comptroller, by the Honorable E. Henry Lacombe, then Counsel to the Corporation, in which he advised the Comptroller, as follows:

"I should think, therefore, that in the case in question it would be proper and legal "for the Commissioners of the Sinking Fund to have a survey made of the strip for "which the grant is asked, to have the same appraised, and if authorized the Comptroller "to have a grant therefor executed to Mr. Ely upon the payment of the appraised price. "Such grant should be in the usual form of water grants, and should contain such of the “covenants usually contained therein as may be applicable to the condition of the said "premises."

I desire, also, to call your attention to a communication from me to you, dated November 12, in relation to the application of Morris Littman for a grant of land under water on the East river, between One Hundred and Eighth and One Hundred and Ninth streets.