by Calvin Tomkins, its Commissioner of Docks, party of the second part, witnesseth Whereas, Pursuant to the provisions of the Charter of The City of New York, as amended by Chapter 694 of the Laws of 1911, the party of the second part is authorized, subject to the approval of the Commissioners of the Sinking Fund, to fix, determine upon and establish, by agreement with the upland owner, a line of high water in front of the property of such upland owned upon a straight line or straight lines; and

Whereas, The party of the first part is the upland owner of the premises situated at Rockaway Beach, in the Borough of Queens, City of New York, and in its own right, and by and through the possession of its predecessors in title has been in possession of the premises hereinafter described since the year 1685, which premises are bounded on the east by the easterly side of Montauk avenue, on the west by a line drawn parallel with and one hundred (100) feet west of the westerly line of Park avenue and fronting on Jamaica Bay, as shown on the map hereto annexed, and claims the right, title and interest in and to the land lying under the water adjacent to said premises in Jamaica Bay; and

Whereas, The party of the second part also claims ownership in the land under water in front of said premises above described; and

Whereas, At the request of The City of New York, the party of the second part hereto, the Secretary of War of the United States of America has laid out and established May 1, 1911, a pier and bulkhead line. as shown on said map hereto annexed; and

Whereas, The party of the first part is about to submit a petition to the Commissioners of the Sinking Fund, requesting said Commissioners of the Sinking Fund, pursuant to section 205 of the Greater New York Charter, as amended, to authorize and approve the settlement of the respective rights of The City of New York and the party of the first part in and to the land herein mentioned by means of mutual conveyances of the rights or claims of the respective parties to land lying north and south of said bulkhead line; now, therefore, it is mutually covenanted and agreed

First-Pursuant to the authority of the Greater New York Charter, so much of the said bulkhead line so established by the Secretary of War of the United States of America May 1, 1911, as is shown on the map hereto annexed, is and shall be fixed, determined upon and established as the line of high water in front of the property of the party of the first part, as hereinbefore and hereinafter described.

Second-The party of the first part, in consideration of the fixation of said high water line, will, and hereby does agree, to convey to the party of the second part all of its right, title and interest in and to that portion of the lands so owned or claimed by it, lying north of so much of the bulkhead line established by the Secretary of War of the United States of America May 1, 1911, as is shown on the annexed map, and bounded on the east by the prolongation of the easterly side of Montauk avenue, and on the west by the prolongation of a line drawn parallel with and onehundred (100) feet west of the westerly line of Park avenue, together with all riparian and other rights incident thereto between the points mentioned in exchange for the conveyance by the party of the second part of all its right, title and interest in and to that portion of the land adjacent to the hereinbefore described premises, in the Borough of Queens, City of New York, which lie south of the bulkhead line so established by the Secretary of War of the United States of America, and between the easterly and westerly boundary lines aforesaid, which premises to be conveyed by the party of the second part, are more particularly bounded on the east, west and north as follows:

On the north, beginning at a point in the bulkhead line as established by the Secretary of War of the United States of America May 1, 1911, said point being where the northerly prolongation of the easterly line of Montauk avenue intersects the said bulkhead line, which point is distant seven hundred and ninety-five (795) feet north of the northerly side of Bayside drive, where said Bayside drive intersects the easterly side of Montauk avenue; thence westerly along said bulkhead line parallel with and seven hundred and ninety-five (795) feet from the northerly side of said Bayside drive to a point in said bulkhead line, where a line drawn parallel with and seventeen (17) feet easterly of the westerly side of Dennison avenue intersects the same; thence again westerly along said bulkhead line to a point in said line distant two hundred and seventy-six (276) feet north of the northerly side of Bayside drive, measured at right angles thereto from a point in same distant one hundred (100) feet west of the westerly side of Park avenue, measured along the westerly prolongation of the northerly side of Bayside drive. On the west by a line drawn parallel with and distant one hundred (100) feet westerly from the westerly side of Park avenue and the prolongation thereof. On the east by the easterly side of Montauk avenue and the prolongation thereof.

Third-The party of the first part further covenants and agrees that in consideration of the establishing by the party of the second part of the high water line at and on so much of the bulkhead line as laid out by the Secretary of War May 1, 1911, as is shown on the annexed map, it will lay out a street not less than fifty (50) feet in width along said bulkhead line and contiguous thereto, and that when lots facing upon said street shall be sold they shall not convey any title in and to any portion of said bulkhead, nor in or to a strip of land contiguous to and along said bulkhead not less than five (5) feet in width, it being expressly understood that all rights of wharfage and cranage or other riparian rights throughout the whole length of the bulkhead and all riparian privileges appurtenant to the said strip of land adjacent to said bulkhead shall be Vested in the said party of the second part.

Fourth-The party of the first part having submitted to the Commissioner of the Department of Docks and Ferries a plan and specification of a bulkhead which it intends to build upon so much of said bulkhead line so established by the Secretary of War of the United States of America May 1, 1911, as is shown on the annexed map, which bulkhead line is herein fixed as the high water line, and which said plan and specifications have been approved by the Chief Engineer and have been filed with the Department, it is mutually covenanted and agreed that the Department of Docks and Ferries, upon application of said party of the first part after the approval by the Commissioners of the Sinking Fund of the petition for the exchange of rights as hereinbefore set forth, and of this agreement fixing the high water line as hereinbefore provided, shall issue a permit to it for the construction of said bulkhead in accordance with said plan and specification, and further will issue a permit consenting to the dredging of sand from Jamaica Bay in front of said bulkhead, for the purpose of filling the land herein quitclaimed to the party of the first part behind said bulkhead.

Fifth-And the party of the first part covenants and agrees that it will within eighteen months, after the receipt by it of the permits and consent of the United States Government, lay out, construct and maintain the street provided for in paragraph third hereof and will make, build and construct a bulkhead along the bulkhead line established by the Secretary of War of the United States of America May 1, 1911, in accordance with the plan and specification filed with the Department of Docks and Ferries referred to in paragraph fourth hereof.

This agreement shall be binding upon the parties hereto upon the approval of the Commissioners of the Sinking Fund of The City of New York of the terms hereof, in accordance with the Charter of The City of New York, and the amendment thereto.

In witness whereof, the Commissioner of Docks has executed these presents, in duplicate, for and in behalf of The City of New York, and has caused the seal of the Department of Docks and Ferries to be hereunto affixed, attested and proved by its Secretary, and the said party of the first part has caused these presents to be subscribed by its President and its corporate seal to be affixed the day and year first above written.

dent.

Signed, sealed and delivered in the presence of:

TIMOTHY J. SLATTERY, as to Commissioner of Docks.

THE CITY OF NEW YORK, by CALVIN TOMKINS, Commissioner of Docks. Attest: MATTHEW J. HARRINGTON, Secretary.

THE WEST ROCKAWAY LAND COMPANY, by FRED J. LANCASTER, Presi

Attest H. GORDON PIERCE, Secretary.

Approved as to form: G. L. STERLING, Acting Corporation Counsel.

The City, County and State of New York, ss.:

On the 11th day of December, in the year 1911, before me personally came Fred J. Lancaster to me known, who, being duly sworn, did depose and say that he resides in The City of New York, that he is the President of the West Rockaway Land Company, the corporation described in and which executed the above instrument, that he knew the seal of said corporation, that the seal affixed to said instrument was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order.

WM. MEAD, Commissioner of Deeds, The City of New York.

The City, County and State of New York, ss.:

On this 11th day of December, 1911, before me personally came Calvin Tomkins, Commissioner of Docks, to me known, and known to me to be the person described in

and who executed the foregoing instrument, and he acknowledged to me that he executed the same for the purpose therein mentiond.

TIMOTHY J. SLATTERY, Commissioner of Deeds, The City of New York.

The City, County and State of New York, ss.:

On this 11th day of December, 1911, before me personally appeared Matthew J. Harrington to me personally known, who, being by me duly sworn, did depose and say that he resides_in_the_Borough of Manhattan, in The City of New York, that he is the Secretary of the Department of Docks and Ferries, that he knows the seal of the Department of Docks and Ferries, that the seal affixed to the foregoing instrument is the common seal of the said Department, that it was so affixed by order of the Commissioner of Docks, and that he signed his name thereto by like order.

TIMOTHY J. SLATTERY, Commissioner of Deeds, The City of New York. Pursuant to the authority of the Greater New York Charter, so much of the bulkhead line established by the Secretary of War, United States of America, May 1, 1911, as shown on this map, extending along the southerly shore between the easterly line of Montauk avenue and a line drawn parallel with and one hundred feet west of the westerly line of Park avenue is hereby fixed, determined upon and established as the line of high water in front of the property between the said streets. Approved November 20, 1911.

1911.

CALVIN TOMKINS, Commissioner of Docks. Certificate approved by the Commissioners of the Sinking Fund, December 13,

W. J. GAYNOR, Mayor; DOUGLAS MATHEWSON, Deputy and Acting Comptroller; R. R. MOORE, Chamberlain; FRANCIS P. BENT, Acting President, Board of Aldermen; FRANK L. DOWLING, Chairman, Finance Committee, Board of Aldermen.

And the following petition was received from the West Rockaway Land Company:

In the matter of the application of the West Rockaway Land Company for an adjustment of the boundary line of premises at Belle Harbor, Queens County, State of New York.

To the Honorable, the Commissioners of the Sinking Fund:

The West Rockaway Land Company, a domestic corporation, is the upland owner of premises situated at Rockaway Beach, in the Borough of Queens, City of New York, and in its own right and by and through the possession of its predecessors in title has been in possession of the premises hereinafter described under a grant of Governor Dongan to John Palmer in the year 1685, which grant conveyed all the land under water in Jamaica Bay in front of said premises, which is bounded on the east by the easterly side of Montauk avenue, and on the west by a line drawn parallel with and one hundred feet westerly of the westerly side of Park avenue.

That at the request of the Commissioner of the Department of Docks and Ferries, the Secretary of War of the United States of America has laid out and established a pier and bulkhead line, which is shown on the map hereto annexed.

It

There is a dispute between your petitioner and The City of New York as to the proper boundary lines of the property of your petitioner and that of the City, owing to the shifting of the high water line by erosion. The general and long continued trend of the south shore of Jamaica Bay has been inland, as shown by surveys prepared by the Government of the United States of America in the years 1835, 1855, 1856, 1878, 1885 and 1908. The first of these, that of 1835, lies farthest north. shows the high tide line in 1835 over 700 feet to the north of the present line of high tide in many places, and is illustrated by the tracing thereof on the map hereto annexed and above referred to. This gives the petitioner the right to reclaim the property out to said lines, which at the narrowest point is some 300 or 400 feet outside or to the north of the bulkhead line now established by the United States Government.

The dispute is that your petitioner claims the right of ownership of land to high water line of 1835, and The City of New York claims the right of ownership to high water line of 1909.

In order that the dispute between the City and your petitioner may be settled as to their respective rights in said land covered by water, and their respective titles therein quieted, your petitioner requests that in accordance with the provisions of section 205 of the amended Greater New York Charter, the Commissioners of the

Sinking Fund adopt a resolution for the purpose of settling and adjusting by mutual conveyances the dispute existing between your petitioner and the City in respect to said boundary line, and proposes that the bulkhead as established on May 1, 1911, by the Secretary of War of the United States of America, be adopted as the high water line, that is, as such boundary line.

1911,

The said bulkhead line has by agreement dated the day of between the Commissioner of Docks and Ferries, acting for and on behalf of The City of New York, and your petitioner, been fixed as the high water line pursuant to the power vested in the said Commissioner of Docks and Ferries by section 818-A of the Greater New York Charter, as amended. The agreement between said Commissioner of Docks and Ferries acting for The City of New York and your petitioner is submitted herewith.

Should your honorable Board adopt such resolution authorizing such exchange, the property south of the bulkhead line, which your petitioner desires ceded to it, is bounded on the east, north and west as follows:

On the north beginning at a point in the bulkhead line as established by the Secretary of War of the United States of America May 1, 1911, said point being where the northerly prolongation of the easterly line of Montauk avenue intersects the said bulkhead line, which point is distant seven hundred and ninety-five (795) feet north of the northerly side of Bayside drive where said Bayside drive intersects the easterly side of Montauk avenue; thence westerly along said bulkhead line parallel with and seven hundred and ninety-five (795) feet from the northerly side of said Bayside drive to a point in said bulkhead line where a line drawn parallel with and seventeen (17) feet easterly of the westerly side of Dennison avenue intersects the same; thence again westerly along said bulkhead line to a point in said line distant two hundred and seventy-six (276) feet north of the northerly side of Bayside drive measured at right angles thereto from a point in same distant one hundred (100) feet west of the westerly side of Park avenue measured along the westerly prolongation of the northerly side of Bayside drive; on the west by a line drawn parallel with and distant one hundred (100) feet westerly from the westerly side of Park avenue and the prolongation thereof; on the east by the easterly side of Montauk avenue and the prolongation thereof.

Simultaneously on the receipt of such conveyance your petitioner will deliver to The City of New York a proper instrument conveying to The City of New York your petitioner's right, title and interest in and to the land under water outshore of the bulkhead line, together with all the riparian rights incident thereto.

Your pettioner further agrees that, should such exchange be made, it will immediately proceed to erect on said bulkhead line as established by the Secretary of War aforesaid, a bulkhead of such a character as will meet the approval of the Commissioner of the Department of Docks and Ferries of The City of New York and of its Chief Engineer, and furthermore, will proceed to dredge Jamaica Bay in front of said bulkhead and fill in behind the same. Covenants to said effect are contained in the agreement between the Commissioner of Docks and Ferries and your petitioner hereinbefore referred to.

This petition is somewhat similar in form to a petition of the Arverne Bay Construction Company, which was approved by the Commissioners of the Sinking Fund at a meeting held on Wednesday, January 11, 1911, at which time there was presented to your Board an opinion of the Corporation Counsel wherein the said Corporation Counsel quoted the opinion in Mulray vs. Norton, 100 New York, 224.

Your petitioner also calls attention to the case of the Rockaway Park Improvement Company against The City of New York.

Your petitioner also respectfully requests the Commissioners of the Sinking Fund to approve, pursuant to the authority vested in you by section 205 of the Greater New York Charter, as amended, the agreement hereinbefore referred to between the Commissioner of the Department of Docks and Ferries and your petitioner, executed under section 818-A of the Greater New York Charter, as amended, fixing the line of high water in front of the aforesaid upland property of your petitioner as and at the bulkhead line so established by the Secretary of War of the United States of America on May 1, 1911.

The machinery for construction of bulkheads and for dredging is already upon property adjoining, and your petitioner respectfully requests that immediate action be taken on this petition, in order that the bulkhead may be constructed and the filling in begun before the cold weather sets in.

Dated October 24, 1911.

WEST ROCKAWAY LAND COMPANY, by FRED J. LANCASTER, Petitioner.