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, now 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, to 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 Losei 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 pierhead and bulkhead lines established within ninety days from the date hereof, and that said dredging and filling and the construction of said bulkhead shall be commenced thereafter and diligently prosecuted to completion.

Twelfth-Both parties agree that the Map or Plan hereto annexed shows with sufficient certainty the said boundary, bulkhead and pierhead lines, and the lines of the lands for basin purposes conveyed by the Losei Realty Corporation to The City of New York, and the areas to be dredged and filled respectively. Nothing herein contained shall be construed as a consent to the opening or dedication of any street or avenue herein referred to.

Thirteenth-This agreement shall be of no force and effect unless, within ninety days from the date hereof, the Bulkhead Line provided for in Paragraph Fourth, shall be established by the Commissioners of the Sinking Fund, and the Pierhead and Bulkhead Line also provided for in said Paragraph Fourth, shall be modified in accordance herewith by the Secretary of War, and unless, within ninety days from the date hereof, a Judgment upon the merits in favor of the said Losei Realty Corporation shall be entered against The City of New York and against the Plaintiffs in a certain action now pending, undetermined before the Supreme Court in and for the County of Kings, in which the People of the State of New York are Plaintiffs, and said Losei Realty Corporation and The City of New York are Defendants, to vacate and set aside certain Letters Patent by the State of New York, dated January 9, 1902, and passed February 20, 1902, issued to Edmund C. Strong, John Keeley, Jr., and Roderick Green, in so far as the said Letters Patent conveyed lands outside of the Town Survey Commissioners' Bulkhead Line of 1874, which Judgment shall be entered without costs to any party against the other.

In witness whereof, The City of New York has caused these presents to be subscribed by the Mayor, and the seal of The City of New York to be affixed and these presents to be attested by the City Clerk, and the said Losei Realty Corporation has hereunto caused its seal to be affixed and these presents to be signed by its secretary the day and year first above written

(Seal.)

LOSEI REALTY CORPORATION, FRANK E. LONAS, Secretary. Approved as to Form, LOUIS H. HAHLO, Acting Corporation Counsel. State of New York, City of New York, County of New York, ss.:

On this day of July, Nineteen Hundred and Sixteen, before me personally came P. J. Scully, to me known, who being by me duly sworn, says that he resides in said City of New York and is the City Clerk of said City, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said The City of New York, and that the seal affixed to the foregoing instrument is such corporate seal, and that the same was affixed thereto by due authority of said corporation, and that he signed his name by like authority. And further, that deponent is acquainted with John Purroy Mitchel and knows him to be the Mayor of said The City of New York; that he was present and saw the said John Purroy Mitchel execute the foregoing instrument, and he thereupon subscribed his name attesting such execution in triplicate.

State of New York, City and County of New York, Borough of Manhattan, ss.:

On this 7th day of July, 1916, before me personally came Frank E. Lonas, to me known, who, being by me duly sworn, did depose and say, that he resides at No. 417

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:

new plan for

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

To the Honorable the Commissioners of the Sinking Fund:

July 13, 1916.

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 front 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 Fund 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, deter mining 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 Commissioners 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 and Mill Basin, 32d Ward, Borough of Brooklyn, as set forth in the agreement dated the

7th day of July, 1916, submitted and executed by the Loesi Realty Corporation, establishing a boundary line along the northerly and easterly boundary of premises owned by the Loesi Realty Corporation, and agreeing that the bulkhead and pierhead line be fixed and established permanently.

Beginning at a point in the centre line of East 57th Street, distant 300 feet (measured along the centre line of East 57th Street) westerly from the easterly line of Avenue U; thence running easterly to a point in the pierhead and bulkhead line re-established by the Secretary of War August 31, 1915, at its intersection with a line drawn parallel to and 25 feet easterly from the easterly line of Avenue U; thence in a southeasterly direction, along said pierhead and bulkhead line and along its southeasterly prolongation, to its intersection with a line drawn parallel to and distant 650 feet (measured at right angles to Avenue U) easterly from the easterly line of Avenue U; thence southerly parallel with Avenue Ú and distant said 650 feet 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;

-and be it further

Resolved, That the Corporation Counsel be and is hereby requested to prepare such papers or other instruments as may be necessary to carry into effect the provisions and conditions contained in said agreement; and be it further

Resolved, That it shall be the duty of the Mayor of the City of New York to execute such instruments and the City Clerk to attest the same when prepared and approved as to form by the Corporation Counsel.

The report was accepted and the resolutions severally unanimously adopted.

Dock Department-New Plan for Improvement of the Water Front Between East 52nd and East 61st Streets, Mill Basin, Borough of Brooklyn. The Chair called for a hearing in the matter of the amendment of the new plan for improvement of the waterfront, between East 52d and East 61st street, Mill Basin. Borough of Brooklyn, made and adopted by the Commissioner of Docks June 15, 1916.

(Affidavit as to publication of notice of hearing in the CITY RECORD on file with the papers.) Pier A, North River, June 15, 1916. Amendment to New Plan.

Hon. JOHN PURROY MITCHEL, Mayor and Chairman of the Commissioners of the Sinking Fund:

Dear Sir-I transmit herewith map in duplicate, together with technical description, for the amendment of the New Plan for the improvement of the waterfront between East 52d and East 61st streets. Mill Basin, Borough of Brooklyn.

I have to-day adopted the amendment in question and respectfully request that the same be approved by the Commissioners of the Sinking Fund.

Respectfully yours,

R. A. C. SMITH, Commissioner of Docks.

The Vice President of the Atlantic Gulf and Pacific Company was heard in opposition to the proposed plan.

Mr. Ward of Truman H. & George E. Baldwin, attorneys for the Losei Realty Corporation, was heard in favor of the plan. The Commissioner of Docks was also heard.

Discussion followed.

The Deputy and Acting Comptroller then presented the following report with opinion of the Corporation Counsel and offered the following resolution:

To the Honorable the Commissioners of the Sinking Fund:

July 12, 1916.

Gentlemen-On June 15. 1916. the Commissioner of Docks adopted and transmitted for approval by the Commissioners of the Sinking Fund an amendment of the New Plan for the improvement of the waterfront, between East 52d and East 61st streets. Mill Basin. Borough of Brooklyn.

The amended plan provides for a proposed pierhead and bulkhead line partly coincident with and partly outside the pierhead and bulkhead line established by the Secretary of War, August 31. 1915. between East 56th and East 61st street. also the establishment of a bulkhead line 250 feet. outshore of the bulkhead line adopted by

the Commissioner of Docks, between East 52d street and East 56th street, together with the discontinuance of a marginal street, wharf or place between East 52d and East 56th streets.

The approval of this amended plan layout is necessary in order to carry out the terms of an agreement between the City of New York and the Losei Realty Corporation fixing and determining the boundary lines between the City and the said Losei Realty Corporation.

In the event of favorable action on the proposed agreement I see no objection to the approval of this amended plan.

If it be decided at the public hearing to approve the amendment to the new plan I recommend the adoption of the attached resolution approving the request, subject, however, to the establishment of a new pierhead and bulkhead line by the Secretary of War. Respectfully, ALBERT E. HADLOCK, Deputy and Acting Comptroller.

City of New York, Law Department, Office of the Corporation Counsel, New York, July 12, 1916.

Hon. WILLIAM A. PRENDERGAST, Comptroller:

Sir I am in receipt of a communication from Deputy and Acting Comptroller Albert E. Hadlock, relative to a plan for the amendment of the New Plan for the improvement of the waterfront between East 52d and East 61st streets, Mill Basin, Borough of Brooklyn.

The Deputy and Acting Comptroller states as follows:

"The new plan provides in part for a proposed pierhead and bulkhead line partly coincident with and partly outside the pierhead and bulkhead line estab lished by the Secretary of War, August 31, 1915.

"Your attention is also directed to a proposed agreement between the City of New York and the Losei Realty Corporation fixing the boundary line of property in Mill Basin, Borough of Brooklyn, owned by the City and company, respectively.

"I would request that you advise me whether the Commissioners of the Sinking Fund may approve the new plan showing the proposed pierhead and bulkhead line outside the pierhead and bulkhead line established by the Secretary of War, August 31, 1915, prior to the approval of the now proposed pierhead and bulkhead line by the Secretary of War.

"I would also request that you advise me whether the proposed agreement between the City of New York and the Losei Realty Corporation, or rather an agree ment approved as to form by the Corporation Counsel, should be entered into before the adoption of the proposed new layout or if the layout must be established before the agreement can be consummated.

"As this matter has been advertised I would request that you favor me with your opinion at an early date."

With regard to your first question I would say that I see no objection to the adoption of the plan proposed subject to the approval by the Secretary of War of the new lines.

I understand that the United States Government is not vitally interested in the lines of this basin and that the Secretary of War will undoubtedly approve any change recommended by the City authorities.

With regard to your second question relating to the proposed agreement I present the following facts:

The agreement in question is the result of numerous conferences between the representatives of the Losei Realty Corporation and the Commissioner of Docks which were entered upon by reason of a communication from this office to the Commissioner of Docks dated February 14, 1916.

Many propositions were submitted to and rejected by the Commissioner of Docks until finally the proposition outlined in the present agreement was submitted, which is satisfactory to the Commissioner of Docks.

The agreement in blank and unexecuted by the Losei Realty Corporation forwarded by the Deputy and Acting Comptroller contained some provisions which were objected to by this office. The attention of the representative of this Corporation was called to these obiectionable features and also to the fact that the proposed agreement was not executed.

An agreement, eliminating the provisions objected to and executed in proper form by the Losei Realty Corporation has been submitted to this office, subiect to the execution of the copy by the City officials or subiect to the conditions thereof being complied with within ninety days from the date thereof and is herewith transmitted approved as to form.