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Petition of Lou L. Heaton for a Release of the City's Interest in a Section of Old Paerdegat Lane, in the Borough of Brooklyn.

The following petition was received:

To the Commissioners of the Sinking Fund of the City of New York:
Your petitioner, Lou L. Heaton, respectfully shows as follows:

He resides at No. 497 East 29th Street, Borough of Brooklyn, City of New York, and is the owner in fee of the southeast corner of East 29th Street and Paerdegat Lane, Borough of Brooklyn, City of New York.

That said property has a frontage of 42.92 feet on East 29th Street and a frontage of 100 feet, 6 inches on Paerdegat Lane. Said property was conveyed to petitioner by William Leck and Emelia Leck, his wife, on the 2nd day of March, 1909, said deed being recorded in Liber 3125 of Conveyances, page 304.

Your petitioner has resided on the said property conveyed to him ever since the date of conveyance and has held continuous possession thereof and is now in possession of said property and his title thereto has never been questioned or disputed. Said property is known as and by Lots Nos. 2639 and 2640, in Block No. 56, on a certain map entitled "Addition No. 5 to Vanderveer Park, belonging to Germania Real Estate and Improvement Company, etc.," surveyed October, 1893, by Charles Crooke, Civil Engineer and Surveyor, and filed in the office of the Register of the County of Kings on December 4th, 1895.

Upon information and a belief said Paerdegat Lane has been continuously used as a public highway and open for traffic for upwards of two hundred years and was open and actually used as a common highway during all of said period.

Your petitioner purchased his said property believing it to be corner property, having a frontage both upon East 29th Street and Paerdegat Lane, and since your petitioner has owned said property, Paerdegat Lane has been used continuously as a public highway.

Foster Avenue has recently been legally opened and improved and there is now no reason for the use of Paerdegat Lane as a public highway and said Paerdegat Lane has been closed and the sidewalks and curbs on East 29th Street have been constructed across said paerdegat Lane, and your petitioner as the owner of the abutting property is entitled to the land in said Paerdegat Lane.

Pursuant to Section 205 of the Charter of the City of New York, your petitioner requests that the City of New York convey to him all its right, title and interest in and to said Paerdegat Lane, in front of and adjoining premises owned and occupied by petitioner, as shown upon the survey hereto annexed and made a part of this application.

Petitioner's property is known as Lot No. 72, Block No. 5231.
Respectfully submitted,

Dated, August 11, 1915.

LOU L. HEATON, Petitioner.

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

Lou L. Heaton, being duly sworn, says: That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.

Sworn to before me this 11th day of August, 1915, NELSON L. NORTH, JR., Commissioner of Deeds of the City of New York, residing in Kings County. Certificate filed in offices of Kings County Clerk No. 16, Kings County Register No. 6011, New York County Clerk No. 22, New York County Register No. 16012, Queens County Clerk No. 320. My commission expires April 14, 1916.

LOU L. HEATON.

In connection therewith the Deputy and Acting Comptroller presented the following report and offered the following resolution:

To the Honorable the Commissioners of the Sinking Fund:

January 10, 1916.

Gentlemen-I am in receipt of a petition to the Commissioners of the Sinking Fund from Lou L. Heaton, in which he states that he is the owner of certain premises located at the southeast corner of East 29th Street and Paerdegat Lane, Borough of Brooklyn. Between his premises and Foster Avenue is a strip of land contained within the lines of Old Paerdegat Lane, which is an old English road, the fee to which is not in the City, and under the rules adopted by the Commissioners of the Sinking Fund can be conveyed to the abutting owner for a nominal consideration.

I therefore respectfully recommend that the Commissioners of the Sinking Fund authorize a release to Lou L. Heaton, No. 497 East 29th Street, Borough of Brooklyn,

ST of the interest of the City in and to all that certain piece or parcel of land, situate, lying and being in the Borough of Brooklyn, City of New York, bounded and described as follows:

EAST

29TH

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BEGINNING at a point where the easterly line of East 29th Street intersects the southerly line of Foster Avenue (formerly Avenue E); running thence easterly and along said southerly line of Foster Avenue 100 feet; running thence southerly and parallel with East 29th Street 27.94 feet to the southerly line of Old Paerdegat Lane; running thence westerly and along said southerly line of Old Paerdegat Lane 100.09 feet to the easterly line of East 29th Street; running thence northerly along the easterly line of East 29th Street 32.06 feet to the point or place of beginning,

-in consideration of the sum of $101, plus an additional charge of $12.50 for the preparation of the necessary papers. The release to contain the following terms and conditions:

That the grantee waive any and all claim for damages arising out of the closing of the street or avenue. That the grantee is the owner of the land fronting on the section of the street or avenue to be conveyed. The deed not to be delivered until the grantee has paid whatever taxes and assessments are liens against the premises to be conveyed. Respectfully,

ALEX. BROUGH, Deputy and Acting Comptroller.

Whereas, Lou L. Heaton, in a petition addressed to the Commissioners of the Sinking Fund, requests a release of the City's interest in a section of Old Paerdegat Lane in the Borough of Brooklyn, and more particularly hereinafter described.

Resolved, That the Commissioners of the Sinking Fund hereby determine that the land described as follows is not needed for any public use;

All that certain piece or parcel of land, situate, lying and being in the Borough of Brooklyn, City of New York, bounded and described as follows;

Beginning at a point where the easterly line of East 29th Street intersects the southerly line of Foster Avenue (formerly Avenue E); running thence easterly and along said southerly line of Foster Avenue 100 feet; running thence southerly and parallel with East 29th Street 27.94 feet to the southerly line of Old Paerdegat Lane; running thence westerly and along said southerly line of Old Paerdegat Lane 100.09 feet to the easterly line of East 29th Street; running thence northerly along the easterly line of East 29th Street 32.06 feet to the point or place of beginning.

-and be it further

Resolved, That pursuant to the provisions of section 205 of the Greater New York Charter, as amended, the Commissioners of the Sinking Fund hereby authorize a release to Lou L. Heaton of No. 497 East 29th Street, Borough of Brooklyn, of the interest of the City of New York, in and to the property hereinabove in this resolution bounded and described, in consideration of the sum of one hundred and one dollars ($101), plus an additional charge of twelve dollars and fifty cents ($12.50) for the preparation of the necessary papers. The release to contain the following terms and conditions;

That the grantee waive any and all claim for damages arising out of the closing of the street or avenue.

That the grantee is the owner of the land fronting on the section of the street or avenue to be conveyed.

The deed not to be delivered until the grantce has paid whatever taxes and assessments are liens against the premises to be conveyed.

The report was accepted and the resolution unanimously adopted.

Board of Domestic Missions of the Reformed Church in America (Anderson Memorial Reformed Church)-Petition of, for the Cancellation of Certain Assessments.

The Deputy and Acting Comptroller presented the following report and offered the following resolution:

To the Honorable the Commissioners of the Sinking Fund:

January 11, 1916.

Gentlemen-Board of Domestic Missions of The Reformed Church in America (Anderson Memorial Reformed Church) has presented to you a petition for the cancellation of certain assessments for public improvements and water charges, affecting premises in the Borough of The Bronx, designated on the official tax map as section 11, block 3088, lot 50.

This application is made pursuant to the provisions of section 221A of the Greater New York Charter, which provides that the Commissioners of the Sinking Fund of The City of New York, upon the written certificate of the Comptroller of said City approving the same, may, in their discretion, and upon such terms as they may deem proper, by a unanimous vote cancel and annul all taxes, assessments and Croton water

rents, and sales to said City of any and all of the same, which at the time said section became a law were, or might hereafter become, a lien against any real estate owned by any corporation, entitled to exemption of such real estate owned by it from local taxation under article one, section four, subdivision seven of the tax law, which was the actual owner of such real estate and entitled to such exemption, during the time when the taxes, assessments or Croton Water rents, from which it seeks relief, accrued and became liens thereupon.

It appears from the petition submitted, which is duly verified, that the petitioner is a corporation incorporated under the Laws of the State of New York, and is the owner in fee simple of the above described premises, having acquired the same on or about September 23, 1891, that it has owned the above described premises continuously since said date and is still the owner thereof, and that the same now are and have always been exempt from local taxation, under said provisions of the tax law, during the periods when the liens hereinafter set forth accrued. Said premises are used exclusively for church purposes.

It appears from an examination of the Assessment Rolls that said property has been exempt from local taxation for the year 1903 and since-and the assessed valuation for the year 1915 is $20,000.

It further appears from the records of the Bureau for the Collection of Assessments and Arrears that the following assessments for local improvements were levied against said property and are now open and unpaid on the records of the Department. namely:

Assessments.

"Opening Belmont Place" (conf. July 12, 1905, ent. Aug. 21, 1905) No. 645, block 3088, lot 50, $3.00.

"Opening Grote St." (conf. July 10, 1905, ent. Nov. 11, 1905) No. 57, block 3088, lot 50, $16.12.

"Paving 183rd St." (conf. and ent. July 13, 1905) No. 57, block 3088, lot 50, $209.40. "Opening Cambrelling Ave." (conf. Oct. 21, 1903, ent. Apr. 18, 1905) No. 39, block 3088, lot 50, $505.28.

"Regulating Cambrelling Ave." (conf. and ent. Nov. 5, 1905) No. 2, block 3088. lot 50, $247.87.

"Acquiring Title to Grand Boulevard and Concourse" (conf. Dec. 8, 1909, ent. Dec. 30, 1909) No. 18888A, block 3088, lot 50, $6.63.

"Paving Cambrelling Ave." (conf. and ent. July 12, 1910) No. 3, block 3088, lot 50, $197.80.

It further appears from the records of this department that on May 2, 1912, Tax Lien No. 2888, Borough of The Bronx, affecting the above described property, and including the five (5) assessments first above set forth, i. e. those which became liens in the year 1905, was sold to The Tax Lien Company of New York, a corporation, for the sum of $1,461.34, representing the principal and accrued interest of such assessments, and a Transfer of Tax Lien for said sum, bearing interest at 4.9 per cent. (the rate bid by the purchaser at such sale) was thereupon duly issued to said The Tax Lien Company of New York. Said Transfer of Tax Lien is still outstanding.

The records of this department show no awards paid or payable to petitioner and no lease to The City of New York, affecting the property hereinbefore described.

The total amount involved as principal in the above assessments is $1,186.10. The property affected by these assessments is located in the Borough of The Bronx, on the northwesterly corner of East 183rd Street and Cambrelling Avenue.

The Treasurer, Mr. Charles W. Osborne, in response to a request, has submitted a financial statement for the last fiscal year, showing the total receipts from all sources to be $185,243.86, and the expenditures for all objects, $127,877.31, leaving a balance of $57,366.55.

In addition to the foregoing statement, the petitioner has submitted a statement of the Anderson Memorial Reformed Church, the congregation occupying the property, for the last fiscal year, as follows:

Receipts
Expenditures

Deficit

$1,279 61 1.636 62

$ 357 01

The petitioner also alleges that the statement last mentioned does not include an item of $480 advanced by it directly to the pastor of the church toward his salary, nor an item of $100 loaned by it to the church.

It appearing, therefore, that the petitioner was the actual owner of the real estate in question and entitled to have the same exempted from taxation during the time when said assessments above mentioned, accrued and became liens thereupon, I am

of the opinion that the petitioner has presented a proper case for relief to the Commissioners of the Sinking Fund of The City of New York, under the provisions of section 221A of the Greater New York Charter, and I would, therefore, certify my approval of the application of Board of Domestic Missions of the Reformed Church in America (Anderson Memorial Reformed Church) pursuant to the provisions of such section of the Charter, and recommend the liens, above set forth, be cancelled upon the payment of $10, provided that at the time of such payment, said corporation furnish proof, by affidavit, that it is the actual owner of the property affected and that the same is not under contract of sale. ALEX. BROUGH, Deputy and Acting Comptroller.

Resolved, That upon payment of the sum of ten dollars ($10), the Commissioners of the Sinking Fund, by unanimous vote, hereby authorize and direct the Comptroller, pursuant to the provisions of section 221-A of the Charter, to cancel the following assessments levied and assessed against property owned by the Board of Domestic Missions of the Reformed Church in America (Anderson Memorial Reformed Church), in the Borough of The Bronx, provided that at the time of such payment said corporation furnish proof by affidavit that it is the actual owner of the property affeced, and that the same is not under contract of sale:

Assessments.

"Opening Belmont Place." (Confirmed July 12, 1905; entered August 21, 1905). No. 645, Block 3088, Lot 50..

$3.00

"Opening Grote Street." (Confirmed July 10, 1905; entered November 11, 1905). No. 57, Block 3088, Lot 50..

16 12

"Paving 183d Street." (Confirmed and entered July 13, 1905.) No. 57, Block 3088, Lot 50..

209 40

"Opening Cambrelling Avenue."

(Confirmed October 21, 1903; entered

April 18, 1905.) No. 39, Block 3088, Lot 50... "Regulating Cambrelling Avenue." (Confirmed and entered November 5, 1905). No. 2, Block 3088, Lot 50....

505 28

247 87

"Acquiring Title to Grand Boulevard and Concourse." (Confirmed December 8, 1909; entered December 30, 1909.) No. 18888A, Block 3088, Lot 50

6963

197 80

"Paving Cambrelling_Avenue." (Confirmed and entered July 12, 1910.) No. 3, Block 3088, Lot 50..

The report was accepted and the resolution unanimously adopted. Cornell University-Petition of, for the Cancellation of Certain Assessments. The Deputy and Acting Comptroller presented the following report and offered the following resolution:

To the Honorable the Commissioners of the Sinking Fund:

December 4, 1915.

Gentlemen-Cornell University has presented to you a petition for the cancellation of certain assessments for public improvements affecting premises in the Borough of Manhattan, designated on the official tax map as Section 3, Block 933, Lot 25.

This application is made pursuant to the provisions of Section 221A of the Greater New York Charter, which provides that the Commissioners of the Sinking Fund of the City of New York, upon the written certificate of the Comptroller of said City approving the same, may, in their discretion, and upon such terms as they may deem proper, by a unanimous vote cancel and annul all taxes, assessments and Croton water rents, and sales to said City of any and all of the same, which at the time said section became a law were, or might hereafter become, a lien against any real estate owned by any corporation, entitled to exemption of such real estate owned by it from local taxation under article one, section four, subdivision seven of the tax law, which was the actual owner of such real estate and entitled to such exemption, during the time when the taxes, assessments or Croton Water rents, from which it seeks relief, accrued and became liens thereupon.

It appears from the petition submitted. which is duly verified, that the petitioner is a corporation incorporated under the laws of the State of New York, and is the owner in fee simple of the above described premises, having acquired the same on or about May 8, 1901; that it has owned the above described premises continuously since said date and is still the owner thereof, and that the same now are and have always been exempt from local taxation. under said provision of the tax law, during the periods when the liens hereinafter set forth accrued. Said premises are used as laboratories connected with the Cornell University Medical College.

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