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between the thread of said creek and the centre line of Fifteenth street, as laid out on a certain map of property of Charles Hart, surveyed and drawn by Charles Voorhees, surveyor, and extending south from the easterly line of Fifteenth street one hundred feet, and a line at right angles with said Fifteenth street, with the privilege to the City to maintain a dumping-board thereon.

This property has been occupied by this Department since the 15th of June, 1903, as a place for dumping garbage, under a lease from Theresa B. Ennis and Sarah A. McCarthy, for a term of six months from June 15, 1903, and it seems that the said property has been conveyed by the said Theresa B. Ennis and Sarah A. McCarthy to the Realty Associates above mentioned.

Respectfully,

F. M. GIBSON, Deputy and Acting Commissioner.

Hon. N. TAYLOR PHILLIPS, Deputy Comptroller, Secretary of the Board.

In connection therewith the Comptroller presented the following report and offered the following resolutions:

Hon. EDWARD M. GROUT, Comptroller:

AUGUST 25, 1904.

SIR-The Commissioners of the Sinking Fund, at a meeting held May 23, 1904, adopted a resolution in relation to a lease of property on Coney Island creek and the centre line of Fifteenth street, Borough of Brooklyn, for the use of the Department of Street Cleaning, for a term of six months from June 1, 1904, at a rental at the rate of $1,800 per annum.

Afterwards, it appears that this property was conveyed to a corporation known as the Realty Associates, and they have refused to execute the lease because they would rather have it under the same terms and conditions as authorized in a former resolution dated August 10, 1903, as they want to be in a position to sell if possible.

I would respectfully recommend that the Commissioners of the Sinking Fund rescind the resolution of May 23, 1904, in relation to the lease of property on Coney Island creek and Fifteenth street, and adopt a resolution authorizing a lease of all that plot of ground on the south and west sides of Coney Island creek, between the thread of said creek and the centre line of Fifteenth street, as laid out on a certain map of property of Charles Hart, surveyed and drawn by Charles Voorhees, surveyor, and extending south from the easterly line of Fifteenth street 150 feet to a line at right angles with said Fifteenth street, with the privilege to the City to erect a dumping-board thereon, and to remove the same upon the termination of this lease, at a rental at the rate of $5 per day, including Sundays and holidays, beginning with the first day of June, 1904, and for as long as may be necessary for the Department of Street Cleaning to use the same. Lessor, Realty Associates.

Respectfully submitted for approval,

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the resolution adopted by this Board, at meeting held May 23, 1904, approving of and consenting to the execution, by the Commissioner of Street Clean

ing, of a lease to the City of property on Coney Island creek and the centre line of Fifteenth street, Borough of Brooklyn, be and the same is hereby rescinded.

Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Commissioner of Street Cleaning, of a lease to the City from the Realty Associates, of all that plot of ground on the south and west sides of Coney Island creek, between the thread of said creek and the centre line of Fifteenth street as laid out on a certain map of property of Charles Hart, surveyed and drawn by Charles Voorhees, surveyor, and extending south from the easterly line of Fifteenth street 150 feet to a line at right angles to said Fifteenth street, with the privilege to the City of erecting a dumping-board thereon and to remove the same upon the termination of the lease, at a rental at the rate of five dollars per day, including Sundays and holidays, beginning on June 1, 1904, and for as long as may be necessary for the Department of Street Cleaning to use the same-the Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made.

The report was accepted and the resolutions severally unanimously adopted.

The following application was received from John J. Harkins for a lease of premises on North Moore street, running through to West Broadway:

Hon. E. M. GROUT, Comptroller, New York:

NEW YORK, June 9, 1904.

DEAR SIR-Wishing to lease for a term of 10 years lot known as No. 10 North Moore street; also lot running on an L to No. 226 West Broadway, regardless to the building thereon.

Will pay $1,000 and taxes per year for both lots.
Would erect a four-story private stable on same.
Inclosed find diagram of lots.

Yours respectfully,

JOHN J. HARKINS,

No. 330 Church street.

NEW YORK, September 1, 1904.

HUBERT L. SMITH, Esq., Assistant Deputy Comptroller:

SIR-In reply to yours of August 29, in re "form of lease to John Harkins of property No. 10 North Moore street for a term of years at a rental of one thousand dollars a year and taxes," permit me to say that this is the only section-station belonging to the Department of Street Cleaning which the City owns. It would be impossible for us to find in this part of the town a building as suitable for the purposes of this Department at a rental less than $3,000 a year. I earnestly request that no such lease be entered into, and that this property be not withdrawn from the Department of Street Cleaning. We have little enough equipment now and absolutely no

stabling facilities or room of our own in this part of the town, and would you take away even that which we have?

Respectfully,

JOHN MCG. WOODBURY, Commissioner.

The Commissioners of the Sinking Fund, at a meeting held October 16, 1903, having assigned the property desired by Mr. Harkins to the Department of Street Cleaning, papers are returned herewith to the Commissioners of the Sinking Fund for such action as they may deem necessary and proper.

September 12, 1904.

Filed:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

The Comptroller presented the following report and offered the following resolution relative to bill of J. W. Stagg. for services in connection with the sale of machinery, etc.

Hon. EDWARD M. GROUT, Comptroller:

JULY 23, 1904.

SIR-The Commissioners of the Sinking Fund authorized the sale of a building and its contents acquired for park purposes, formerly known as the factory of the American Reed and Rattan Company, located in the Borough of Brooklyn. This office, under your authority, employed J. L. Stagg, a Mechanical Engineer, and many times employed by the Corporation Counsel in estimating the value of machinery, for the purpose of examining the machinery upon the premises, certifying that the machinery as acquired by the City was still upon the premises at the expiration of the lease of the company and their removal therefrom; also to find purchasers for the machinery. He was so successful in this instance, that the price realized for the machinery, about 22 per cent. of the amount paid by the City, was far beyond anything that anyone has heretofore estimated as being the amount of money the City would derive from machinery thrown into the street.

The bill for his services, which has been approved by me, amounts to $50, and I would respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution approving of the payment of this bill.

Respectfully submitted for approval.

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the Comptroller be and is hereby authorized and directed to pay to J. L. Stagg, the sum of fifty dollars ($50), being the amount of his bill for services as Machinery Expert, in connection with the sale by the City of machinery, etc., at No. 18 Guernsey street, in the Borough of Brooklyn, formerly the property of the American Rattan and Reed Manufacturing Company; said payment to be made from

the appropriation for 1904, entitled "Commissioners of the Sinking Fund-Expenses of."

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report and offered the following resoluion, relative to bill of Richard Deeves for expert services in connection with the ranite work of the Seventy-first Regiment Armory:

on. EDWARD M. GROUT, Comptroller:

SEPTEMBER 22, 1904.

SIR-The Board of Armory Commissioners in communication September 15, 1904, o the Commissioners of the Sinking Fund, says: "At a meeting of the Armory Board held September 15, 1904, the following was adopted:

"Resolved, That the Armory Board does hereby approve the bill and expense of Richard Deeves, for expert services in the matter of the granite work of the Seventyfirst Regiment Armory, in the Borough of Manhattan, in the amount of two hundred and fifty dollars ($250), and that the Commissioners of the Sinking Fund be requested to concur and the Comptroller authorized to pay. The voucher is herewith transnitted."

The bill submitted is, as stated in the resolution, "for expert services in the matter the granite work of the Seventy-first Regiment Armory," but as I understand from e report of Mr. Deeves (copy of which is inclosed) the bill was actually for services arbitrator on the granite work for the Seventy-first Regiment Armory.

There is no inflexible rule by which such charges can be judged, but I consider that opinion expressed by a man of high standing in his business, like Mr. Deeves, after eful study of a somewhat intricate subject, like that presented, justifies the payment the amount of $250, charged in his bill, and think that the Commissioners of the king Fund may properly concur in the resolution of the Board as requested therein. Respectfully,

EUG. E. MCLEAN, Engineer.

Resolved, That the Commissioners of the Sinking Fund hereby concur in the foling resolution, adopted by the Armory Board at meeting held September 15, 1904: "Resolved, That the Armory Board does hereby approve the bill and expense of chard Deeves, for expert services in the matter of the granite work of the Seventyst Regiment Armory, in the Borough of Manhattan, in the amount of two hundred fifty dollars ($250), and that the Commissioners of the Sinking Fund be requested concur and the Comptroller authorized to pay."

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following papers relative to application of Abram Springstein for a release or quit claim:

Hon. EDWARD M. GROUT, Comptroller:

SEPTEMBER 20, 1904

SIR-On May 4, 1904, Charles S. Taber, counsellor at law, representing Abram Springstein, addressed a communication to the Commissioners of the Sinking Fund, inclosing a petition of the said Springstein, requesting a release of certain property located in the Borough of Brooklyn, being part of the Old Hunterfly road, and also the land lying between the patent line between New Lots and Flatlands and the Hunter fly road."

A report was made thereon and transmitted to the Corporation Counsel for his opinion, and, under date of July 21, the Corporation Counsel states:

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"The land lying between the patent line and the Hunterfly road was a part of “the common lands of the former Town of New Lots. It is not claimed that the 'strip of land in question was acquired by any conveyance from the town authori"ties, nor in the manner provided by law for the alienation of the common lands of "a town. It does not appear that any consideration was paid. It is claimed, how"ever, that this strip has been fenced in and occupied by the petitioner and by his pre"decessors in title for a sufficient length of time to acquire title thereto by adverse possession against the town and against its successors, the City of Brooklyn and The City of New York."

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He closes by saying:

"I see no reason why the City should now be asked to strengthen or make "good for a nominal consideration a title to lands claimed to have been acquired "in the manner indicated, and he advises that the application of the petitioner, so far as this strip of land is concerned, be denied."

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To the portion of the Old Hunterfly road, he says he sees no reason why a release of the City's interest should not be given.

I desire to say, however, that the property included between the patent line and the Hunterfly road, practically belonging to The City of New York, there can be no release of one-half of the Old Hunterfly road given to the petitioner until the question of title to the property between the patent line and the Hunterfly road is settled, for, in the event of the title being in the City, the petitioner's property does not front or adjoin the Hunterfly road.

The petitioner's attorney was communicated with under date of August 23, 1904, and a reply was received under date of August 26. All of the papers, including a copy of a report, is transmitted herewith, and I would respectfully recommend that inasmuch as the papers are addressed to the Commissioners of the Sinking Fund, that they be filed with that Board and printed in full in the minutes for future reference. Respectfully submitted for approval,

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

Approved:

EDWARD M. GROUT, Comptroller.

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