acquiring an armory site on the easterly side of Bedford avenue, extending from President to Union streets, in the Borough of Brooklyn, for Troop C, N. G. N. Y., -which have been approved by the Corporation Counsel; and that the Commissioners of the Sinking Fund be requested to concur and the Comptroller authorized to pay the same." Which was unanimously adopted. The Comptroller presented the following report of the Engineer of the Department of Finance, relative to bill of Messrs. Werner & Windolph, architects (see Minutes, 1903, page 1130, and Minutes, 1904, page 6): Hon. EDWARD M. GROUT, Comptroller: January 28, 1904. SIR-In relation to bill for $870.87 in favor of Werner & Windolph, architects, presented at the meeting of the Commissioners of the Sinking Fund held January 20, 1904, which was referred back to the Comptroller for further report. I would report that I have very little to add to my former reports of November 23, 1903, and December 8, 1903. I have carefully read the report of Frank J. Bell, Acting Secretary, dated December 30, 1903, and I would state that if an agreement either verbal or written has been made with Messrs. Werner & Windolph at 10 per cent. on the cost of the work, then the Board may properly approve the bill, but if the architects' services were performed without any agreement, I am still of the same opinion that the claim should be disallowed. A total fee of 5 per cent. on the cost of this work is in my opinion sufficient. Discussion followed. Respectfully, EUG. E. McLEAN, Engineer. The Commissioners of the Sinking Fund were unanimously of the opinion that the bill was excessive, and that 5 per cent. on the cost of the work was a fair and reasonable charge for the work. The President of the Board of Aldermen offered the following resolution: Resolved, That the Commissioners of the Sinking Fund hereby approve of the payment to Messrs. Werner & Windolph, architects, of the sum of four hundred and thirty-five dollars and forty-four cents ($435.44), being 5 per cent. on the cost of the work, in full payment for services rendered in preparing plans and specifications and the necessary supervision in the alterations to the doors of the Ninth, Twelfth, Fourteenth, Twenty-second, Twenty-third, Sixty-ninth and Seventy-first Regiments and the Seventeenth Separate Company. Which was unanimously adopted. The following petition was received from Adolph I. Rudolph, Abraham Bernhard, Albert Halpern and Philip Margolin, for a release or quit claim of a portion of the old Hunterfly road, in the Borough of Brooklyn: In the Matter The petition of Adolph I. Rudolph, Abraham Bernhard, Albert Halpern and Philip Margolin, for leave to purchase part of the old Hunterfly road from The City of New York. To the Honorable EDWARD M. GROUT, Comptroller of The City of New York: The petition of Adolph I. Rudolph, Abraham Bernhard, Albert Halpern and Philip Margolin shows: I. That they are the owners in fee as tenants in common of the following parcels of land, both lying in the Twenty-sixth Ward of the Borough of Brooklyn, County of Kings, City and State of New York, which are bounded and described as follows: (a) Beginning at a point on the northerly side of Newport avenue, distant one hundred (100) feet westerly from the corner formed by the intersection of the northerly side of Newport avenue and the westerly side of Osborn street; running thence northerly and parallel with Osborn street one hundred and fifty (150) feet; thence westerly and parallel with Newport avenue one hundred (100) feet; thence southerly and along the easterly side of Thatford avenue to the easterly side of Hunterfly road; thence again southerly and along the easterly side of Hunterfly road to the northerly side of Newport avenue; thence easterly and along the northerly side of Newport avenue to the point or place of beginning; being that portion on the map hereunto annexed and made part of this petition, which is marked in red ink. (b) Beginning at the corner formed by the intersection of the southerly side of Newport avenue and the westerly side of Osborn street; running thence southerly and along the westerly side of Osborn street four hundred (400) feet, more or less, to the easterly side of Hunterfly road; thence northerly and along the easterly side of Hunterfly road to the point of intersection of the easterly side of Hunterfly road and the southerly side of Newport avenue; thence easterly and along the southerly side of Newport avenue to the corner of the block, the point or place of beginning; being also marked in red ink on said map. II. That these petitioners are informed and verily believe that all of the land comprised in said Hunterfly road adjoining and abutting the said lands of these petitioners is vested in The City of New York; that these petitioners are desirous to acquire title to all such portions of said Hunterfly road as the same may be granted to them by The City of New York, without prejudicing any adjoining and abutting owners, if any, of the land lying and adjoining said Hunterfly road and on the west thereof; III. That for the purpose of acquiring title to said portions of the Hunterfly road, these petitioners are ready and willing to pay to The City of New York any sum or sums which may be required of them by a fair and reasonable valuation of same; IV. That this petition is made in good faith and for the purpose of purchasing from The City of New York said portions of land herein stated. Wherefore these petitioners pray that this matter be given immediate attention, and that his Honor Edward M. Grout, Comptroller of The City of New York, cause all such steps and proceedings to be taken as may be necessary for the purposes of conveying said portions of the old Hunterfly road to these petitioners. PHILIP MARGOLIN, CITY AND STATE OF NEW YORK, County of Kings, Borough OF BROOKLYN, SS.: Adolph I. Rudolph, Abraham Bernhard, Albert Halpern and Philip Margolin, being duly sworn, each for himself, severally depose and say: That they are the petitioners above named; that they have heard read the foregoing petition and know that the same is true to their own knowledge, except as to those matters therein stated on information and belief, and as to those matters these petitioners believe them to be true. PHILIP MARGOLIN, Sworn to before me this 19th day of December, 1903. HARRY WATON, Commissioner of Deeds, New York City. In connection therewith, the Comptroller presented the following report of the Appraiser of Real Estate of the Department of Finance, with opinion of the Corporation Counsel, and offered the following resolution: Hon, EDWARD M. GROUT, Comptroller: NEW YORK, January 18, 1904. SIR-I have received your communication dated December 24, 1903, transmitting for my consideration an application made to the Commissioners of the Sinking Fund by Adolph I. Rudolph, Abraham Bernhard, Albert Halpern and Philip Margolin for a release of a small portion of the old Hunterfly road. You also transmit a report made to you upon the subject by the Bureau of Real Estate, and you ask that I advise you whether the interest of the City as to this parcel of land is material or merely nominal and a mere cloud upon the title of a private owner, and if the latter, you ask me 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. The status of this old road in the Borough of Brooklyn has been the subject of several communications addressed to you by the Corporation Counsel. This matter was considered specifically in an opinion delivered to you on the 22d day of April, 1902, in the matter of the application of John H. Vanderveer Company, and more recently in an opinion delivered to you on the 9th of December, 1903, in the matter of the application of William B. Davis. In the Vanderveer opinion it was said that: "The Hunterfly road has long since been closed to public use as a highway, and is now entirely included within the boundaries of property under private ownership, except where it crosses opened streets. It has been subject to taxation upon the part of the City and to assessment for local improvements for a great number of years, being in this respect precisely similar to other portions of the territory of the Borough of Brooklyn which were formerly parts of old roads or highways. "It was the invariable practice for the City of Brooklyn,' through its Common Council and Mayor, to grant quit-claim deeds of portions of these old highways upon nominal considerations for the purpose of quieting the title of individual property owners." In accordance with the views thus expressed I hereby certify that whatever interest the City may have in the property formerly forming a part of the old Hunterfly road in the former City of Brooklyn lying within the area of the block bounded by Thatford avenue, Newport avenue, Osborn street and Riverdale avenue, adjoining the property of the petitioners in said block, is a mere cloud upon the title of such owners. Said property is bounded and described as follows: Beginning at a point on the northerly side of Newport avenue distant 100 feet westerly from the corner formed by the intersection of the northerly side of Newport avenue and the westerly side of Osborn street; running thence northerly and parallel with Osborn street 150 feet; thence westerly and parallel with Newport avenue 100 feet; thence southerly and along the easterly side of Thatford avenue to the easterly side of Hunterfly road; thence again southerly and along the easterly side of Hunterfly road to the northerly side of Newport avenue; thence easterly and along the northerly side of Newport avenue to the point or place of beginning. I also certify that whatever interest the City may have in the property formerly forming the easterly half of the old Hunterfly road contained within the area of the block bounded by Thatford avenue, Osborn street, Newport avenue and Lot avenue, adjoining the property of the petitioners in said block, is a mere cloud upon the title of such owners. Said property is bounded and described as follows: Beginning at the corner formed by the intersection of the southerly side of Newport avenue and the westerly side of Osborn street; running thence southerly and along the westerly side of Osborn street 400 feet more or less, to the easterly side of Hunterfly road; thence northerly and along the easterly side of Hunterfly road to the point of intersection of the easterly side of Hunterfly road and the southerly side of Newport avenue; thence easterly and along the southerly side of Newport avenue to the corner of the block, the point or place of beginning. I transmit herewith, in accordance with your request, a proper deed or release, approved by me as to form, together with two copies of the same. Respectfully yours, JOHN J. DELANY, Corporation Counsel. |