road in the Borough of Brooklyn included within the lines of the following described premises: Beginning at a point on the westerly side of Howard avenue, distant 40 feet 24 inches northerly from the northwesterly corner of Howard avenue and Pitkin avenue (formerly Eastern parkway), running thence northwesterly along the northeasterly side of the old Hunterfly road 30 feet 101⁄2 inches; thence northerly along the easterly side of said old road 170 feet 7 inches to the southerly side of Degraw street; thence westerly along the southerly side of Degraw street 12 feet 44 inches to the southerly corner of Degraw street and Eastern parkway extension; thence southwesterly along the southeasterly side of Eastern parkway extension 56 feet and 2 inches to the westerly side of said old road; thence southeasterly along the westerly side of said old road 169 feet 334 inches; thence southeasterly along the southwesterly side of said old road 36 feet 74 inches to the northerly side of Pitkin avenue; thence easterly along the northerly side of Pitkin avenue 52 feet 8 inches to the northwesterly corner of Pitkin and Howard avenues, and thence northerly along the westerly side of Howard avenue 40 feet 24 inches to the point or place of beginning. -the Corporation Counsel having certified to the Commissioners of the Sinking Fund, under date of July 29, 1904, that whatever interest the City may have in the property is a mere cloud upon the title of a private owner. Resolved, That the interests of The City of New York in and to the same be and is hereby appraised at the nominal sum of one dollar ($1) and the expense of such release, examination, etc., be and is hereby fixed at three hundred dollars ($300), to be paid by the petitioner, and evidence produced that all taxes, assessments and water rents now a lien upon said premises, or any portion thereof, or any sale for non-payment of taxes, assessments and water rents upon said property, or any portion thereof, have been paid before the execution and delivery of such release. Which resolution was unanimously adopted. The following petition was received from Caroline Diefenbach for a release or quit-claim of the City's interest in a portion of the old Brooklyn and Jamaica Railroad: In the Matter The application of Caroline Diefenbach for a deed of release of the interests of The City of New York in and to certain premises in the Borough of Brooklyn. To the Comptroller of The City of New York: The petition of Caroline Diefenbach (wife of George Diefenbach) respectfully shows: I. That your petitioner resides at No. 20 Kane place, Borough of Brooklyn, New York City, and is the owner in fee of all those two certain lots, pieces or parcels of land, with the buildings thereon, erected, situate, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows, to wit: Beginning at a point on the westerly side of Kane place, distant ninety-eight (98) feet and seven ̊ (7) inches northerly from the northwesterly corner of Atlantic avenue and Kane place, and running from thence westerly and parallel with Atlantic avenue one hundred and five (105) feet; thence northerly and parallel with Kane place forty-six (46) feet and three (3) inches; thence easterly again parallel with Atlantic avenue one hundred and five (105) feet to the westerly side of Kane place, and thence southerly along the westerly side of Kane place forty-six (46) feet and three (3) inches to the point or place of beginning. Subject to the rights of The City of New York in that portion of said premises which lies in the former road-bed of the old Brooklyn and Jamaica Railroad Company. II. That your petitioner is informed and verily believes that the major portion of the property above described lies within the former road-bed of the Brooklyn and Jamaica Railroad; that by legislative act (chapter 475, Laws of 1885) said roadbed was shifted to the south thereof, and the said Brooklyn and Jamaica Railroad Company conveyed the old road-bed first above mentioned to the City of Brooklyn; that it therefore becomes necessary for your petitioner to obtain a deed of release from The City of New York, as successor of the City of Brooklyn, to so much of the land above described as lies in said former road-bed; that all but about nine inches of the premises above described are affected by the matters above described. III. That Exhibit “A," hereto annexed and made a part of this petition, is a diagram or map showing the property a deed of release of which is desired. Wherefore your petitioner prays that The City of New York, through its duly constituted officers and agents, execute and deliver to your petitioner a deed of release of all its right, title and interest in and to the premises shown on the above diagram or map, upon the payment by your petitioner of all proper costs and expenses thereof. CAROLINE DIEFENBACH, Petitioner. The Title Insurance Company of New York hereby certifies that it has examined the title to premises situated on the westerly side of Kane place, distant ninety-eight (98) feet seven (7) inches northerly from Atlantic avenue, in the Borough of Brooklyn, being a lot forty-six (46) feet three (3) inches in width front and rear, and one hundred and five (105) feet in depth on each side, and finds the same to be vested in Caroline Diefenbach, wife of George Diefenbach, subject to three mortgages as follows: One for fifteen hundred dollars ($,500), made by Caroline Diefenbach to Anton Knapp, dated January 22, 1904, recorded January 23, 1904, in Liber 100, section 6 of Mortgages, at page 339; and also to a second mortgage for nine hundred dollars ($900), made by Caroline Diefenbach to Louis Diefenbach, dated January 22, 1904, recorded January 23, 1904, in Liber 100, section 6 of Mortgages, at page 341; also to a third mortgage for two hundred dollars ($200), made by Caroline Diefenbach to Anton Knapp, dated May 11, 1904, recorded May 13, 1904, in Liber section 6 of Mortgages, at page. ; and subject also to the rights of The City of New York in that portion of the premises which lies in the former bed of the old Brooklyn and Jamaica Railroad Company. THE TITLE INSURANCE COMPANY OF NEW YORK, Dated June 16, 1904. ATLANTIC B&J.R.R. HERKIMER ST. Block 17/2 State of New York, City of New York, County of Kings, ss.: Caroline Diefenbach, being duly sworn, deposes and says that she is the petitioner in this matter; that she has heard read the foregoing petition and knows the contents thereof; and that the same is true of her own knowledge except as to the matters therein stated to be alleged on information and belief, and that as to those matters she believes it to be true. Sworn to before me this 21st day of June, 1904. EDWARD BALZ, CAROLINE DIEFENBACH. Commissioner of Deeds for The City of New York, residing in the Borough of Brooklyn. In connection therewith the Deputy Comptroller presented the following report, with opinion of the Corporation Counsel, and offered the following resolution: Hon. EDWARD M. GROUT, Comptroller: JUNE 27, 1904. SIR-Caroline Diefenbach, in a verified petition under date of June 21, 1902, requests a release of all the right, title and interest of The City of New York to all that portion of the old Brooklyn and Jamaica Railroad located on the westerly side of Kane place, 98 feet 7 inches north of Atlantic avenue, and being 46 feet 3 inches in width, front and rear, by 105 feet in depth. Mrs. Diefenbach states that she is the owner in fee of the land, all of which lies in the roadbed. The petition hereto annexed forms a part of this report. By chapter 475 of the Laws of 1855 the Brooklyn and Jamaica Railroad shifted its roadbed to what is now known as Atlantic avenue, and by said Act the Common Council of the City of Brooklyn was authorized to lay out, open and extend Atlantic avenue to a width of 120 feet, from the westerly side of Classon avenue to Schuyler street, also to widen Schuyler street, etc. I am of the opinion, from the reading of the chapter in question, that The City of New York, as successor to the City of Brooklyn, is the owner of the fee absolute of this tract of land, and I would respectfully recommend that the matter be referred to the Corporation Counsel for his opinion as to whether the interest of the City is material or merely a cloud upon the title of a private owner. If he shall certify that the interest of the City is material, and that the City has the fee absolute to the premises, it will then be necessary to report to the Commissioners of the Sinking Fund as to the value of the land in question. If he shall certify that the interest of the City is not material and merely a cloud upon the title of a private owner; that the interest of the City be appraised at the nominal sum of $1, and that the expenses of such release, examination, etc., be fixed at $200, to be paid by said petitioner before the delivery of said release, provided that all taxes, assessments and water rates are paid upon said parcel of land so released before said delivery. Evidence of such payment shall be furnished by petitioner. Respectfully submitted for approval, MORTIMER J. BROWN, Appraiser of Real Estate in Charge of Bureau. Hon. EDWARD M. GROUT, Comptroller: NEW YORK, July 26, 1904. SIR-I have received your communication of June 27, 1904, transmitting for my consideration an application made to the Commissioners of the Sinking Fund by Caroline Diefenbach, for a release of a portion of the old Brooklyn and Jamaica Railroad, in the Borough of Brooklyn. You inclose a report made to you on the subject by the Bureau of Real Estate, and request my advice as to whether the interest of The City of New York in this piece of property is material or simply nominal and a cloud upon the title of a private owner, and, if the latter, you ask me to so certify 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 property in question, prior to the year 1855, was a part of the roadbed of the Brooklyn and Jamaica Railroad. By chapter 475 of the Laws of 1855, the Common Council of the City of Brooklyn was authorized to widen and extend Atlantic avenue, and to widen Schuyler street, and to ratify and confirm an agreement between the said city and the Long Island Railroad Company and the Brooklyn and Jamaica Railroad Company. Under this statute, the city was authorized to accept from the Brooklyn and Jamaica Railroad Company the cession of a strip of land 50 feet in width owned by said Company, extending from the westerly side of Franklin avenue to the easterly line of said city, and, when so ceded, it was declared that the city should own and hold said strip of land in fee simple absolute. An agreement to this effect was entered into between the city and the railroad company, and this agreement was ratified by the statute. The validity and the effect of this statute, and the agreement and the cession of land which it confirmed, was considered in the case of Heard vs. City of Brooklyn (60 N. Y., 242), and it was there held that the conveyance made to the City of Brooklyn was effectual only as a relinquishment of the right of the railroad company to the use of the lands and that thereupon, and upon the abandonment of the use, the owners of of the fee were entitled to re-enter and take possession. The immediate effect of this decision was that a judgment of ejectment from a part of the strip in question, which had been occupied and improved by the City as a part of Atlantic avenue, was entered against the defendant, and the land was subsequently acquired for street purposes through condemnation proceedings. In view of this decision, I advise you that the interest of the City in the land formerly forming a part of the roadbed of the Brooklyn and Jamaica Railroad, which is contained in the premises hereinafter described, is merely nominal, and I certify that said interest is a mere cloud upon the title of a private owner. Said property is bounded and described as follows: "Beginning at a point on the westerly side of Kane place distant ninety-eight (98) feet and seven (7) inches northerly from the northwesterly corner of Atlantic avenue and Kane place, and running from thence westerly and parallel with Atlantic avenue one hundred and five (105) feet; thence northerly and parallel with Kane place fortysix (46) feet and three (3) inches; thence easterly again parallel with Atlantic avenue one hundred and five (105) feet to the westerly side of Kane place and thence southerly along the westerly side of Kane place forty-six (46) feet and three (3) inches to the point or place of beginning." I transmit herewith a proper deed in accordance with your request, approved as to form, together with two copies thereof. Respectfully yours, JOHN J. DELANY, Corporation Counsel. |