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situated on said Mill Creek and Mill Basin in Jamaica Bay, Borough of Brookly. City of New York, bounded and described as follows:

Beginning at a point in the southerly line of East 520 Street, distant 215 feet westerly from the centre line of Avenue U; thence running northerly, on a line always distant 215 feet westerly from the centre line of Avenue U, to the centre line of Exe 57th Street; thence westerly, along the centre line of East 57th Street, to a point 3u. feet westerly from the easterly line of Avenue U; thence easterly, along a ditch : creek as the same curves and winds to Mill Creek; thence southerly, along Mill Creci as the same curves and winds, to the centre line of Hinsdale Avenue and land former of Curley and now of The City of New York; thence westerly, along said centre le of Hinsdale Avenue and the line of land formerly of said Curley and now of The City of New York, to the Town Survey Commissioners' Bulkhead Line as etsablishe? in 1874; thence northerly, along the said Town Survey Commissioners' Bulkhead Lie of 1874, 28.5 feet to the southerly line of East 52nd Street if extended; thence westerly, along the southerly line of East 52nd Street extended, to the point or place i beginning.

Beginning at a point in a line sixteen hundred and eighty feet east of an parallel to Flatbush Avenue as monumented and laid out by the "Town Survey Comission,” said line also being the centre line of East 57th Street, as mapped and ki out by property owners and distant six hundred and thirty-seven feet southerly in Avenue U as also laid out by said Commission, and running thence by magne bearing north forty-seven degrees, thirty-four minutes, twenty second east one tr dred eighty-eight and forty-seven one hundredths feet to corner 2; thence north nire teen degrees, thirteen minutes, fifty seconds west three hundred seven and ninety-foc one hundredths feet to corner 3; thence north eight degrees nine minutes west or hundred eight and eighty-five one hundredths feet to corner 4; thence north fifty degrees, thirty-eight minutes, forty seconds west one hundred nine and sixty-se one-hundredths feet to corner 5; thence north eleven degrees, eleven minutes, this five seconds west one hundred six and fifty-seven one hundredths feet to corner thence south, seventy-five degrees, forty-five minutes, twenty seconds east, two ledred four and eighty-three one-hundredths feet to corner 7; thence south one dezit sixteen minutes, forty-five seconds west two hundred twenty-four feet to corner thence south thirteen degrees, fifty-one minutes east two hundred seventy-five feet corner 9; thence south nine degrees, thirty-four minutes, twenty seconds, west ninet'. three feet to corner 10; thence south fifty-one degrees, forty-nine minutes, for seconds west one hundred sixty-four and fourteen one-hundredths feet to corner l' thence north thirty-one degrees, twenty-five minutes west and parallel to Flatbe Avenue forty-nine and seventy-one-hundredths feet to corner 1, the point or place beginning, and containing one and nine hundred two one-thousandths acres, satis and excepting, however, all that portion of land under water lying in front of 3" adjacent to said East 57th Street, being a strip bounded and described as follows:

Beginning at a point where the mean high water line is intersected by the mid line of East 57th Street as above described, and running thence along mean bs water line north forty-seven degrees, thirty-four minutes and twenty seconds eis! thirty-five and sixty-six one-hundredths feet; thence parallel with the middle linc said East 57th Street, south thirty-one degrees and twenty-five minutes east fifty. and thirty-seven one-hundredths feet; thence south fifty-one degrees, forty-in. minutes and forty seconds west, thirty-five and twenty-five one-hundredths feet: ther.com in prolongation of the middle line of said East 57th Street north thirty-one degli and twenty-five minutes west, forty-nine and seven-tenths feet to the point or place of beginning and containing forty-one thousandths (.041) of an acre; the portior land under water excluding said exception, containing net one and eight hundred on one one-thousadths acres (1.861 A.).

Second--Both the parties hereto agree that the boundary line along the northe and easterly boundaries of the property of said Losei Realty Corporation and dividing line between the lands of the respective parties hereto shall be the form line:

Beginning at a point in the centre line of East 57th Street, distant 30 min (measured along the centre line of East 57th Street) westerly from the easterk en of Avenue l'; thence running easterly to a point in the Pierhead and Balkhead I. re-established by the Secretary of War August 31, 1915, at its intersection wika drawn parallel to and 25 feet easterly from the easterly line of Avenue t'; . in a southeasterly direction, along said Pierhead and Bulkhead Line and ainer * southeasterly prolongation, to its intersection with a line drawn parallel to a di tant 050 feet (measured at right angles to Avenue U) easterly from the eastes y of Avenue t'; thence southerly, parallel with Avenue U and distant said 5

easterly therefrom to its intersection with the Pierhead and Bulkhead Line re-established by the Secretary of War August 31, 1915, at or near the foot of East 56th Street; thence southerly in a straight line, along the Pierhead and Bulkhead Line re-established by the Secretary of War August 31, 1915, and the southerly prolongation of that portion thereof between East 56th Street and East 52nd Street to the centre line of Hinsdale Avenue, if extended, the property line formerly of Curley and now of The City of New York, hereinbefore mentioned.

Third-The City of New York agrees that, subject to the approval of the Secretary of War, the Plan for the Improvement of the Water Front of the City of New York shall be amended by establishing the westerly bulkhead line along Mill Basin from East 52d Street to a line parallel to and distant 25 feet easterly from Avenue U near East 61st Street, as follows:

Beginning at a point in the bulkhead line adopted by the Commissioner of Docks March 26, 1915, at its intersection with the northerly side of East 52d Street prolonged ; running thence easterly and along the prolongation of the northerly side of East 52d Street to its intersection with a line drawn parallel to and distant 650 feet (measured along said East 52d Street) easterly from the easterly line of Avenue U; thence northerly, along said line, parallel to and always distant 650 feet from the easterly line of Avenue U, to its intersection with the said Pierhead and Bulkhead Line re-established by the Secretary of War August 31, 1915, at or near the southerly line of East 56th Street, and thence a Pierhead and Bulkhead Line in prolongation of said bulkhead line parallel to and distant 650 feet easterly from the easterly line of Avenue U and coincident with the boundary line above described; thence northwesterly still coincident with the said boundary line, to a point therein distant 25 feet (measured at right angles to Avenue U) easterly from the easterly line of Avenue U; and thence northerly, parallel to Avenue U, to the southerly line of East 61st Street.

The City of New York shall submit to the Secretary of War and advocate the said modification by him of said Pierhead and Bulkhead Lines.

Fourth-The Losei Realty Corporation agrees to convey to The City of New York all its right, title and interest in and to the lands in Mill Basin outshore of the said boundary line hereby agreed to be established along its northerly and easterly boundaries.

Fifth-The City of New York agrees to convey to the Losei Realty Corporation all its right, title and interest in and to the lands under water inshore or within the said boundary line so agreed to be established along the northerly and easterly boundary lines of said Losei Realty Corporation.

Sixth-The Losei Realty Corporation agrees to convey to The City of New York for the purpose of a Basin, the piece or parcel of land bounded and described as follows:

Beginning at the point of intersection of the westerly line of Avenue V prolonged northerly with the centre line of Hinsdale Avenue prolonged easterly (the boundary line between the property of said Curley, now of The City of New York, and of the Losei Realty Corporation); thence running northerly, in continuation of the westerly line of Avenue V, 188 feet, more or less, to the centre line of the block, if extended, between East 52d and East 530 Streets; thence easterly, in continuation of the centre line of the block between East 52d and East 530 Streets, to its intersection with the boundary line (hereinbefore agreed upon) along the westerly line of Mill Basin ; thence southerly, along said boundary line agreed upon, to the centre line of Hinsdale Avenue prolonged, being the northerly line of the lands of Curley and now of The City of New York; thence westerly, along the last mentioned line, to the point or place of beginning.

Seventh-Both parties agree that the Plan for the Improvement of the Water Front of The City of New York shall be altered by eliminating the Marginal Street at present proposed to be laid out between Avenues U and V, so far as the same lies northerly of the boundary line between the lands of the Losei Realty Corporation and of said Curley, now of The City of New York.

Eighth-The Losei Realty Corporation agrees to commence the construction of a good and sufficient bulkhead, not more than 30 feet inshore of said bulkhead line hereby agreed to be established, sufficient to retain the filling hereinafter agreed to be done.

Ninth-The City of New York shall, within nine months hereafter, complete the dredging to a depth of 18 feet at mean low water outside of said bulkhead line hereby agreed to be established. and out to the Pierhead and Bulkhead Line reestablished by the Secretary of War August 31, 1915, which line is the Westerly line of the present Mill Basin, and shall dredge in even slope of natural repose, the areas between said bulkhead line hereby agreed to be established and the bulkhead to be

constructed by the Losei Realty Corporation, so that at the said bulkhead the depth of water shall be 5 feet at mean low water.

Tenth-Tre City of New York agrees to deposit the material so agreed to be dredged as aforesaid, as follows:

(1) Upon the said lands of said Losei Realty Corporation westerly of said bulkhead to be built by it and northerly of the line of lands late of said Curley, no of The City of New York; westerly by a line parallel to and distant 215 feet westerly from the centre line of Avenue U, and northerly by the centre line of East 56th Street; all to a surface and approximately uniform grade averaging 10 feet above mean low water.

(2) Upon the Marginal Street or wharf along the northerly side of Flatbush Avenue, and upon Flatbush Avenue, to the same grade.

(3) Upon the lands of said Curley lying southerly from Flatbush Avenue, 13 the same grade.

The City of New York may vary the said order of filling. but from said dredged material or from other sources, shall at all events fill in the lands of said Lose Realty Corporation to the grade aforesaid, with due diligence.

Eleventh-It is agreed by both parties hereto that the conveyance herein agreed to be made shall be consummated forthwith, and the boundary line and the pie. head and bulkhead lines established within ninety days from the date hereoí, and the said dredging and filling and the construction of said bulkhead shall be commencet thereafter and diligently prosecuted to completion.

Twelfth--Both parties agree that the Map or Plan hereto annexed shows sufficient certainty the said boundary, bulkhead and pierhead lines, and the lines : the lands for basin purposes conveyed by the Losei Realty Corporation to The C of New York, and the areas to be dredged and filled respectively. Voting he? contained shall be construed as a consent to the opening or dedication of any ste or avenue herein referred to.

Thirteenth-This agreement shall be of no force and effect unless, within the days from the date hereof. the Bulkhead Line provided for in Paragrapi Fitri shall be established by the Commissioners of the Sinking Fund, and the Perhead e. Bulkhead Line also provided for in said Paragraph Fourth, shall be moditet . cordance herewith by the Secretary of War, and unless, within zinety days fr 05 date hereof, a Judgment upon the merits in favor of the said Losei Realty Corporate tion shall be entered against The City of New York and against the Plainta certain action now pending, undetermined before the Supreme Court in and : ro County of Kings, in which the People of the State of New York are Plaintiffs, I said Losei Realty Corporation and The City of New York are Defendants. to ac and set aside certain Letters Pitent by the State of New York, iated fanua.. 1902, and passed February 20, 1902, issued to Edmund C. Strong, John Keeler and Roderick Green, in so far as the said Letters Patent conveyed lands outside the Town Survey Commissicners' Bulkhead Line of 1874. which Judgment sans entered with 'ut costs to any party against the orier.

1. witness whereat. The City of New York has caused these presents * subscribed by the Mayor, and the seal of the City of Vew York to he artiset these presents to be attested by the City Clerk, and the said Losei Realty Corporan has hereuntu caused its seal to be a fixed and these presents to be signed y = secretary the day and year ist above written

LOSEL REILTY CORPORATION, FRANK E. Lonas, Secretary ( Seal)

Appruver as to Form, LOUIS H. HAHLO. Icting Corporation Counsei. State of New York, City of Vew York, County of New York, ss." Un this

jav of Tulv, Nineteen Hundred and Sixteen, before me persona came P J. Scully, to me known, wiro being 'yv ne duly swom. savs: that he reci in said City of New York and is he Lity Clerk of said City, the corporation descar 'n mnd which executed the firegoing instrument; that 're knows the corporate seni the said Tie City of New York, and that the seal affixeri to the foregoing into ment is such morate seai. Am that the same was artixed thereto by Jue ut.**** or said oration, and that he signed his name 'yy like authority. And furthe that it meant is mainted with Torn Purroy Mitchel and knows him to he the V. of sail The City of New York; that he was present and saw the saili Tohn Poyra liitrisei xerite the foregoing instrument, and he thereupon subscribed his ac treating surnver'ition in triplicare State of Vew York, 'tr und unto of New York. Borough of Manhattan. es.

in his, tin av of juin 1910, refore ne personally came Frank E Lonas. O snown, wit), reing iyne juiy sworn. lid ierose and say, that he resides at Volt

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Truman H & George E Butiinin ontorneys for losed Realty Corporatione

418ril Norr

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Riverside Drive, New York City; that he is the Secretary of the Losei Realty Corporation, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is 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.

CHARLES S. FETTRETCH, Notary Public, New York County, No. 39, New York Register No. 7001; Bronx County, No. 1; Bronx Register, No. 702.

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

See opinion of the Corporation Counsel with the minutes in re new plan for improvement of the water front between East 52d and East 61st Street, Mill Basin, following:

July 13, 1916. To the Honorable the Commissioners of the Sinking Fund:

Gentlemen-I am in receipt of a communication from the Commissioner of Docks and Ferries, transmitting an agreement between The City of New York and the Losei Realty Corporation, establishing a boundary line along the northerly and easterly boundaries of premises owned by the Losei Realty Corporation, and agreeing that the bulkhead and pierhead lines be fixed and established permanently. These premises are located in Mill Creek and Mill Basin, in the 32d Ward, Borough of Brooklyn, and consist of lands under water, part of which is owned by The City of New York and the remaining portion owned by the Losei Realty Corporation.

It is proposed by the agreement to release to the Losei Realty Corporation the City's interest in the land lying inshore of the boundary line in consideration of a release from the Losei Realty Corporation of its interest in the land lying outshore thereof. The agreement provides that the plan for the improvement of the water from of the City shall be altered by eliminating the marginal street at present proposed to be laid out, as far as the same lies north of the boundary line between the lands of the Losei Realty Corporation and the lands of The City of New York.

The Losei Realty Corporation is to construct a good and sufficient bulkhead not more than thirty (30) feet inshore of the bulkhead line agreed upon sufficient to retain the fill taken in the process of dredging the property outside of the bulkhead line agreed upon, the dredging of which is to be done by the agreement.

I therefore respectfully recommend that the Commissioners of the Sinking Furd approve of the agreement submitted by the Losei Realty Corporation, and that a resolution be adopted establishing a boundary line between the properties owned by said Losei Realty Corporation and by The City of New York as set forth in said agreement; and that the Corporation Counsel be requested to prepare such necessary papers or other instruments as may be necessary to carry into effect the provisions and conditions contained in said agreement; and that a further resolution be adopted authorizing and directing the proper authorities of The City of New York to subscribe to and execute such instruments as may be necessary and have been approved by the Corporation Counsel to establish such boundary line and otherwise carry out the provisions contained in said agreement.

Respectfully, ALBERT E. HADDOCK, Deputy and Acting Comptroller.

Resolved, That, pursuant to the provisions of section 205 of the Greater New York Charter, as amended, the Commissioners of the Sinking Fund hereby approve of the agreement made the 7th day of July, 1916, by and between the City of New York party of the first part, and the Losei Realty Corporation, a corporation organized under the Laws of the State of New York, party of the second part, fixing, determining upon and establishing by agreement a boundary line along the northerly and easterly boundaries of the premises owned by the Losei Realty Corporation, located in Mill Creek and Mill Basin, in the 32nd Ward, Borough of Brooklyn, and agreeing that the bulkhead and pierhead lines be fixed and established permanently.

Whereas, Section 205 of the Greater New York Charter provides that the Cornmissioners of the Sinking Fund are authorized to settle disputes as to boundary lines: and

Whereas, A dispute having arisen between the Losei Realty Corporation and The City of New York as to the boundary line between the property owned by the said corporation and property owned by the City of New York, it is

Resolved. That, pursuant to the provisions of section 205 of the Greater New York Charter. as amended. the Commissioners of the Sinking Fund hereby fix the following as the boundary line between the property owned by the Losei Realty Corporation and the property owned by the City of New York in Mill Creek und Mill Basin, 32d Ward, Borough of Brooklyn, as set forth in the agreement dated the

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