Proceedings

"The petitioners further allege that they are desirous of purchasing from The City "of New York such portions of the said Hunterfly road as will complement the four "parcels of land belonging to the petitioners and hereinbefore described, without any prejudice to the interests of any adjoining owners, if any, and without prejudicing the interests of The City of New York";

-indicates that they not only desire a release of the City's interest in that portion of the Hunterfly road which runs diagonally through Blocks 3512 and 3513, but also to that part of the Hunterfly road adjoining Block 3512 on the west, and parallel with Howard avenue, which would give them a street frontage of about 750 to 800 feet, and they request a release of all the right, title and interest of The City of New York of, in and to all that portion of the Old Hunterfly road; that they are desirous of purchasing from The City of New York all of such portions of said Hunterfly road without prejudice to the interests of any adjoining owners, and without prejudice to the interests of The City of New York.

I find that this application is in all respects similar to many that were granted by the former City of Brooklyn under a resolution of the Common Council of said city, and since consolidation by The City of New York under a resolution of the Commissioners of the Sinking Fund for a nominal consideration.

I would therefore respectfully recommend that this application be sent to the Corporation Counsel for his opinion as to whether the City's interest in the premises is material or a mere cloud upon the title of a private owner; and if he shall certify that the City's interest is not material, the Commissioners of the Sinking Fund, pursuant to section 205 of the Amended Greater New York Charter, may properly authorize a release or quit-claim for a nominal consideration to the petitioners of all the right, title and interest of The City of New York to that portion of the Old Hunterfly road within the area of the following described property, being part of Block 3512, and between Parcels A and C, and A and C:

Beginning at a point on the southwesterly corner of Pitkin avenue and Grafton street; running thence westerly along Pitkin avenue to the line of the Old Hunterfly road; thence southerly along the line of the Old Hunterfly road to Sutter avenue; thence easterly along Sutter avenue to Grafton street; thence northerly along Grafton street to the point or place of beginning,

-and that the interests of the City be appraised at the nominal sum of $1, and that the expense of such release, examination, etc., be fixed at $100, to be paid by said petitioners before the delivery of such release.

I would further respectfully recommend a release to the petitioners of all the right, title and interest of The City of New York to that portion of the Old Hunterfly road within the area of the following described property, being part of Block 3513, and between Parcels B and D, and B and D:

Beginning at a point on the southeasterly corner of Pitkin avenue and Grafton street, running thence southerly along Grafton street to Sutter avenue; thence easterly along Sutter avenue 147 feet 11⁄2 inches; thence northerly and parallel with Grafton street 860 feet to the southerly side of Pitkin avenue; thence westerly along the southerly side of Pitkin avenue 147 feet 11⁄2 inches to the point or place of beginning, -and that the interests of the City be appraised at the nominal sum of $1, and that the expense of such release, examination, etc., be fixed at $100, to be paid by said petitioners before the delivery of such release.

And further, that before the delivery of such release the petitioners shall produce evidence that all taxes, assessments and water rates due and unpaid against Parcels A, B, C and D shall have been paid before receiving such release from the City. Respectfully submitted,

MORTIMER J. BROWN,
Appraiser of Real Estate in Charge of Bureau.

Hon. EDWARD M. GROUT, Comptroller:

NEW YORK, June 8, 1904.

SIR-I have received your communication of May 24, 1904, transmitting an application made to the Commissioner of the Sinking Fund by Adolph I. Rudolph and others, for a release of a portion of the old Hunterfly road, in the Borough of Brooklyn, and inclosing a report made to the Comptroller on the subject by the Bureau of Real Estate. I am asked to advise you whether the interest of The City of New York in the property is material or simply nominal and a mere cloud upon the title of a private owner, and, if the latter, I am asked to so certify so that the matter may be presented to the Commissioners of the Sinking Fund, pursuant to section 205 of the Amended Greater New York Charter.

This aplication is precisely similar to the application of the John H. Vanderveer Company, concerning which an opinion was delivered to the Comptroller by the Corporation Counsel on April 22, 1902. The status of this old road was there examined, and you were advised that the interest of the City therein was merely nominal. I respectfully refer you to that opinion, and in accordance therewith I hereby certify that whatever interest the City may have in the property formerly forming a part of the Hunterfly road, in the Borough of Brooklyn, which is included in the premises covered by the petition of Adolph I. Rudolph, Sophia Coyne, Sophia Kaufman and Sylvia Zuckerman, is a mere cloud upon the title of such owners. The said property is bounded and described as follows:

Beginning at a point on the southwesterly corner of Pitkin avenue and Grafton street; running thence westerly along Pitkin avenue to the line of the old Hunterfly road; thence southerly along the line of the old Hunterfly road to Sutter avenue; thence easterly along Sutter avenue to Grafton street; thence northerly along Grafton street to the point or place of beginning; also

I inclose, as requested, deeds of the premises in question, with two copies of each thereof, approved by me as to form.

Respectfully yours,

JOHN J. DELANY, Corporation Counsel.

Resolved, That, pursuant to the provisions of section 205 of the Amended Greater New York Charter, the Commissioners of the Sinking Fund, by unanimous vote, hereby authorize a release or quit claim to Adolph I. Randolph, Sophia Coyle, Sophia Kaufman and Sylvia Zuckerman, of all the right, title and interest of The City of New York to all that portion of the old Hunterfly road within the area of the fol

lowing-described property, being part of Block 3513, and between Parcels B and D, and B and D:

"Beginning at a point on the southeasterly corner of Pitkin avenue and Grafton street, running thence southerly along Grafton street to Sutter avenue; thence easterly along Sutter avenue 147 feet 11⁄2 inches; thence northerly and parallel with Grafton street 860 feet to the southerly side of Pitkin avenue; thence westerly along the southerly side of Pitkin avenue 147 feet 11⁄2 inches, to the point or place of beginning," -the Corporation Counsel having certified to the Commissioners of the Sinking Fund, under date of June 8, 1904, that whatever interest the City may have in the property is a mere cloud upon the title of the owners.

Resolved, That the interest of The City of New York in and to the same be and is hereby appraised at the nominal sum of $1, and the expense of such release, examination, etc., be and is hereby fixed at $100, to be paid by said petitioners before the delivery of such release.

Resolved, That, pursuant to the provisions of section 205 of the Amended Greater New York Charter, the Commissioners of the Sinking Fund, by unanimous vote, hereby authorize a release or quit claim to Adolph I. Randolph, Sophia Coyle, Sophia Kaufman and Sylvia Zuckerman, of all the right, title and interest of The City of New York, to all that portion of the old Hunterfly road within the area of the followingdescribed property, being part of Block 3512, and between Parcels A and C, and A and C:

"Beginning at a point on the southwesterly corner of Pitkin avenue and Grafton street, running thence westerly along Pitkin avenue to the line of the old Hunterfly road; thence southerly along the line of the old Hunterfly road to Sutter avenue; thence easterly along Sutter avenue to Grafton street; thence northerly along Grafton street to the point or place of beginning,"

-the Corporation Counsel having certified to the Commissioners of the Sinking Fund, under date of June 8, 1904, that whatever interest the City may have in the property is a mere cloud upon the title of the owners.

Which resolutions were severally unanimously adopted.

The Comptroller presented the following report, and offered the following resolution, relative to an amendment to resolution, authorizing a sale of certain property at Sixty-seventh street and Lexington avenue, Borough of Manhattan, to the Mount Sinai Hospital:

To the Commissioners of the Sinking Fund:

MAY 24. 1904.

GENTLEMEN-At a meeting of this Board held on the 16th inst., a resolution was adopted authorizing the sale to the Mount Sinai Hospital, of all the right, title and interest of The City of New York in the land or property lying within the blocks bounded by Lexington and Third avenues, Sixty-sixth and Sixty-eighth streets, Borough of Manhattan, heretofore leased by the Mayor, Aldermen and Commonalty of The City of New York, to the said Mount Sinai Hospital.

Since this resolution was adopted my attention has been called to the fact that there is a public school on Sixty-eighth street, immediately adjoining the piece authorized to be sold, which lies on the northeast corner of Sixty-seventh street and Lexing

ton avenue.

The resolution adopted authorizing the sale did not contain a covenant against nuisances on account of the proximity of the school, and I communicated with Messrs. Hoadly, Lauterbach & Johnson, the attorneys for the hospital, in regard to the matter. In a communication dated May 23, 1904, they write me as follows:

"In the matter of the deed to the Mount Sinai Hospital we beg to state that the Mount Sinai is now under contract of sale of this property to Mr. Hyman, under which the large piece-that is, the piece from Sixty-sixth to Sixty-seventh street-is free from all restrictions of any kind, and the small piece on the north side of Sixtyseventh street is subject to the ordinary nuisance covenant, as the same is set forth in a deed of that property to the Mount Sinai Hospital recorded in section 5, liber 69, page 446.

"If the City should insert any covenant of restrictions against the large plot the Mount Sinai Hospital would be unable to carry out its contract. We have no objection to the insertion in the deed which the City is about to make of a covenant as against the piece on the north side of Sixty-seventh street in the same language as that contained in present deed of that small piece of the Mount Sinai Hospital, so that the Hospital will be able to carry out its contract of sale."

In view of the fact that there is no objection on the part of the attorneys for the hospital to a covenant of a restriction against the property adjoining the school I think it would be well, as a matter of precaution, to amend the resolution so as to make the sale of this piece subject to such covenants against nuisances, as will sufficiently protect the neighboring public school. With regard to the larger plot spoken of above, the attached diagram shows that no restriction is needed.

I therefore offer the following resolution.

Respectfully,

EDWARD M. GROUT, Comptroller.

Resolved, That the resolution adopted by this Board, at meeting held May 16, 1904, authorizing the sale to the Mount Sinai Hospital of all the right, title and interest of The City of New York in the land or property lying within the blocks bounded by Lexington and Third avenues, Sixty-sixth and Sixty-eighth streets, Borough of Manhattan and City of New York, heretofore leased by the Mayor, Aldermen and Commonalty of The City of New York, to the said Mount Sinai Hospital, be and the same is hereby amended by adding after the words "heretofore leased by the Mayor,

Aldermen and Commonalty of The City of New York to the Mount Sinai Hospital" the words "the sale of that portion of the property as is situated on the northeast corner of Sixty-seventh street and Lexington avenue, and more particularly described below, is made subject to such covenants against nuisances as will sufficiently protect the neighboring public school."

Approved May 24, 1904.

GEO. B. McCLELLAN, Mayor;

EDWARD M. GROUT, Comptroller;

CHARLES V. FORNES, President, Board of Aldermen;

JOHN, T. McCALL, Chairman, Finance Committee,

Board of Aldermen;

PATRICK KEENAN, Chamberlain.

Resolved, That the foregoing resolution be and the same is hereby ratified and

affirmed.

Which was unanimously adopted.

The following ordinance was received from the Board of Aldermen, authorizing and providing for the acquisition, construction and establishment of a public wholesale market in the Eighth Ward of the Borough of Brooklyn:

In the Board of Aldermen.

AN ORDINANCE authorizing and providing for the acquisition, construction and establishment of a public wholesale market in the Eighth Ward of the Borough of Brooklyn, City of New York, and authorizing the issue of bonds to pay for the same.

Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Provision is hereby made for the acquisition and establishment of a public wholesale market in the Eighth Ward of the Borough of Brooklyn, City of New York, upon the lands and lands under water hereinafter described, which are hereby selected for a public wholesale market in said Borough of Brooklyn, and surveys and maps thereof are hereby directed to be made and filed as provided by law. Said lands or lands under water shall be acquired for said purposes by purchase or by condemnation proceedings, as required by law, provided, however, that this matter be submitted to the Board of Estimate and Apportionment, and that no further proceedings be taken until the acquisition of said lands or lands under water is approved and authorized by the Board of Estimate and Apportionment, as required by law.

Sec. 2. The lands and lands under water so selected shall be set apart for use as a public wholesale market, provided, however, that said lands or lands under water or any part thereof, whenever they shall no longer be required for the purpose of a market, may be assigned by the Commissioners of the Sinking Fund for use for any other public purpose, or may be sold by said Commissioners in the manner provided by law.

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