This substituted agreement provides, Paragraph Thirteenth, that it shall be of no force or effect unless the conditions mentioned therein are complied with, within ninety days from the date of the agreement. It will not be necessary for any City officials to execute this agreement, the same to be used as a basis for the adoption by the Commissioners of the Sinking Fund of a resolution in the usual form under $205 of the Charter settling a boundary line dispute and authorizing the execution of mutual releases, such resolution containing an additional condition that it shall not become effective until the conditions provided in said paragraph are complied with. Such resolution shall also contain a provision requesting the Mayor and Comptroller to approve the making of an offer of judgment as provided in said section. The action referred to is similar to the action of the People vs. The Ireland Realty Company, tried before Justice Jaycox and decided by him in June last. The facts with regard to the action against the Losei Realty Corporation except as to title are identical with those proved in the Ireland Action and the decision in that case is controlling in the action against the Losei Realty Corporation. Upon the submission by the Commissioner of Docks of a communication from the Secretary of War, approving the change of pier and bulkhead lines and a communication from the Corporation Counsel that a judgment has been entered in the action referred to in said paragraph, a resolution requesting the proper officials to execute the necessary papers to carry into effect the previous resolution should be adopted. Under this agreement, if carried out, the City will obtain title to large area of land under water in Mill Creek Basin, which under the decision referred to is vested in private individuals and upon the same becoming effective by the approval of the Secretary of War and the entry of the judgment in the action referred to will permit the City and the private individuals to proceed with improvements in this neighborhood, resulting in increased taxes from the property improved, the settlement of a long and tedious litigation and increased activity on the part of the United States Government in dredging operations with the result that the appropriation for the improvement of Jamaica Bay by the United States Government heretofore made will not be diverted to other improvements as has been threatened. I return the copy of the plan submitted. LOUIS H. HAHLO, Acting Corporation Counsel. Resolved, That the Commissioners of the Sinking Fund hereby approve of the plan for the alteration and amendment of that portion of the new plan for the improvement of the waterfront and harbor of the City of New York, determined by the Commissioner of Docks March 26, 1915, and April 12, 1915, and approved by the Commissioners of the Sinking Fund May 5, 1915, and May 19, 1915, between Flatbush Avenue and East 61st Street, Mill Basin, Borough of Brooklyn, adopted by the Commissioner of Docks June 15, 1916, in accordance with law, subject to the establishment of a new pierhead and bulkhead line by the Secretary of War. The report was accepted and the resolution unanimously adopted. Dock Department-New Plan for Improvement of the Water Front Between Mill Basin and Fresh Creek Basin, Jamaica Bay, Borough of Brooklyn. The Chair called for a public hearing in the matter of the proposed new plan for improvement of the water front between Mill Basin and Fresh Creek Basin, Jamaica Bay. Borough of Brooklyn, made and adopted by the Commissioner of Docks June 21, 1916. (Affidavit as to notice of publication of hearing in the CITY RECORD on file with the papers.) Pier A, North River, June 21, 1916. Hon. JOHN PURROY MITCHEL, Mayor and Chairman of the Commissioners of the Sinking Fund: Sir I transmit herewith tracing and duplicate, together with technical description, of proposed new plan for the improving of the water front between Mill Basin and Fresh Creek Basin, Jamaica Bay, Borough of Brooklyn. The New Plan consists of: Establishing the pierhead line generally 950 feet inshore of the pierhead and bulkhead line approved by the Secretary of War May 1, 1911; Establishing of a bulkhead line between Mill Basin and Bergen Beach, between Paerdegat Basin and Canarsie and east of Canarsie 1,000 feet inshore of the proposed pierhead line; Establishing of a marginal street, wharf or place around the head of Paerdegat Basin: line; Establishing of a channel 1,000 feet in width outshore of the proposed pierhead The creation of a new basin south of Bergen Beach. I have today adopted the above New Plan and respectfully request that it be approved by the Commissioners of the Sinking Fund. Respectfully, R. A. C. SMITH, Commissioner of Docks. No one appearing in opposition the Deputy and Acting Comptroller presented the following report, with opinion of the Corporation Counsel, and offered the following resolution: To the Honorable the Commissionerst of the Sinking Fund: July 12, 1916. Gentlemen-On June 21, 1916, the Commissioner of Docks adopted and transmitted for approval by the Commissioners of the Sinking Fund, a proposed new plan for the improving of the water front between Mill Basin and Fresh Creek Basin, Jamaica Bay, Borough of Brooklyn. The New Plan provides for establishing the pierhead line generally 950 feet inshore of the pierhead and bulkhead line approved by the Secretary of War May 1, 1911. Establishing a bulkhead line between Mill Basin and Bergen Beach, between Paerdegat Basin and Canarsie and east of Canarsie 1,000 feet inshore of the proposed pierhead line. Establishing of a marginal street, wharf or place around the head of Paerdegat Basin. line. Establishing of a channel 1,000 feet in width outshore of the proposed pierhead The creation of a new basin south of Bergen Beach. When the plan for the improvement of Jamaica Bay was approved by the Commissioners of the Sinking Fund this section was omitted under advice of the Corporation Counsel. Under date of June 29, 1916, the Comptroller requested advice relative to the adoption of this proposed new plan and on July 11, 1916, the Corporation Counsel advised in part: ***"there is no legal objection to action by the Commissioners of the Sinking Fund upon the proposed plan." If it be decided at the public hearing to approve the new plan I recommend the adoption of the attached resolution approving the request. Respectfully, ALBERT E. HADLOCK, Deputy and Acting Comptroller. City of New York, Law Department, Office of the Corporation Counsel, New York, July 11, 1916. Hon. WILLIAM A. PRENDERGAST, Comptroller: Sir-I am in receipt of a communication from Deputy and Acting Comptroller Hadlock, dated June 29th, 1916, relative to the adoption of a plan for the improvement of the water front between Mill Basin and Fresh Creek Basin, Jamaica Bay, Borough of Brooklyn. The Deputy and Acting Comptroller states that the Commissioner of Docks has adopted and transmitted for approval by the Commissioners of the Sinking Fund a new plan for this section showing as follows: Establishing the pierhead line generally 950 feet inshore of the pierhead and bulkhead line approved by the Secretary of War May 1st. 1911. Establishing a bulkhead line between Mill Basin and Bergen Beach, between Paerdegat Basin and Canarsie, and east of Canarsie 1,000 feet inshore of the proposed pierhead line. Basin. Establishing a marginal street, wharf or place around the head of Paerdegat Establishing a channel 1.000 feet in width outshore of the proposed pierhead line. Creating a new basin south of Bergen Beach, and concludes his communication as follows: "I would request that you advise me whether the adoption of this plan by the Commissioners of the Sinking Fund would prejudice the City's interest in any legal proceeding now in progress or contemplated by the Law Department. "As this matter has been advertised I would request that you favor me with your opinion at an early date." The adoption of a plan for the improvement of the water front of Jamaica Bay has been held in abeyance at the request of this office, owing to certain litigations pending to test the validity of letters patent issued to upland owners by the Commissioners of the Land Office which conveved lands under water extending beyond what was known as the Town Survey Commission Bulkhead Line of 1875. It was believed possible that the courts would hold that action by the Commissioner of Docks and the Commissioners of the Sinking Fund, establishing and approving new lines, would ratify and validate such letters patent. The litigations pending were brought by the Attorney General at the request of the Law Department to test the validity of the letters patent so issued. One of these actions, The People vs. The Ireland Realty Company, was tried last month before Justice Jaycox, who, in a well considered opinion, decided that the act under which the Town Survey Commission acted in establishing the bulkhead line above referred to was unconstitutional, that their action was ineffective to establish a bulkhead line and that the letters patent issued by the Commissioners of the Land Office conveyed good title to the patentees. The defendant also strenuously argued that, even assuming that the act in question was unconstitutional, the action of the municipal authorities in 1910, attempting to adopt a new plan for this section, and the action of the Secretary of War in establishing bulkhead and pierhead lines effected a ratification of said letters patent. This contention of the defendant was passed upon by Justice Jaycox adversely, who found the following conclusion of law: 20. That the acts of the Federal Government and of The City of New York, as set forth in Findings of Fact 29, 31 and 32 above, did not and could not effect a ratification, confirmation or validation of said letters patent." It has not yet been determined by the Attorney General whether an appeal will be taken from the judgment entered upon Judge Jaycox's decision, but such an appeal, if taken, would in no way affect the conclusion of law above quoted. I therefore advise you that any action taken by the Commissioners of the Sinking Fund in adopting a plan for the improvement of the water front in this section of the city would in no wise prejudice the City's interest in any legal proceedings now in progress. The question having been judicially determined there is no legal objection to action by the Commissioners of the Sinking Fund upon the proposed plan. I return the plan transmitted. Respectfully yours, LOUIS H. HAHLO, Acting Corporation Counsel. Resolved, That the Commissioners of the Sinking Fund hereby approve the plan for improving the Waterfront and Harbor of the City of New York, between Mill Basin and Fresh Creek Basin, Jamaica Bay, Borough of Brooklyn, as adopted by the Commissioner of Docks June 21st, 1916, in accordance with law. The report was accepted and the resolution unanimously adopted. Dock Department-New Plan for Improvement of the Water Front Between West 133rd and West 135th Street, North River, Borough of Manhattan. Under date of June 21, 1916, a communication was received from the Commissioner of Docks transmitting for approval amendment to the new plan for improvement of the water front between West 133d and West 135th Streets, North River and the Board fixed this day as a date for the hearing in regard to the proposed plan. Under date of June 27, 1916, the Commissioner of Docks withdrew the plan from the consideration of the Board. Communications ordered filed. Note-At this point His Honor the Mayor temporarily withdrew from the meeting, and the President of the Board of Aldermen took the chair. Dock Department-Lease to the Quebec Steamship Company, Limited, of an Pier A, North River, June 21, 1916. Sir-I beg to recommend that the Commissioners of the Sinking Fund approve of and consent to the execution by the Commissioner of Docks of the following described lease: Lessee: Quebec Steamship Company, Limited.. Description of Property: An extension to Pier 47, North River. Beginning at the southwesterly corner of said pier, North River, and running thence westerly in the prolongation of the southerly side of said pier to its intersection with the pierhead line established by the Secretary of War March 1, 1913; thence northerly and along said pierhead line to its intersection with the westerly intersection of the northerly side of Pier No. 47; thence easterly and along said westerly prolongation to the northwesterly corner of said pier; thence southerly and along the westerly end of Pier No. 47, to the point or place of beginning. Comprising an area of 3,355 square feet. Extension: The City shall at once proceed with the construction of an extension to said pier as above described at its own cost and expense. Term: The lease shall commence from the date the Chief Engineer of the Department of Docks and Ferries reports that the said extension is completed and ready for Occupancy and shall continue for a period coterminous with the existing lease of Pier No. 47, North River, namely October 25, 1924: Shed: The lessee shall have the privilege of erecting upon said extension when completed a shed; said shed shall be erected in accordance with plans and specifications to be submitted to and approved by the Chief Engineer of the Department of Docks and Ferries, and shall revert to and become the property of the City at the expiration or sooner termination of the lease. Rental: The rental shall be at the rate of 271⁄2 cents per square foot per annum for land under water covered by said extension, and in addition 51⁄2 per cent. on the cost of building said extension, all as shown by the books and surveys of the Department of Docks and Ferries. It is understood and agreed that the lease hereby recommended shall be of no force or effect unless the Quebec Steamship Company and the sureties on the lease of Pier 47, North River, dated September 2, 1914, shall file in the Department of Docks and Ferries a written agreement that their obligations under the provisions of said lease shall in no manner be affected or impaired by reason of the granting of the lease herein recommended for the construction of an extension to said pier. Remaining Terms: The remaining terms and conditions of the lease where not inconsistent herewith shall be similar to those contained in leases of wharf property now used by this Department. Respectfully yours, R. A. C. SMITH, Commissioner of Docks. In connection therewith the Deputy and Acting Comptroller presented the following report and offered the following resolution: July 7, 1916. To the Honorable the Commissioners of the Sinking Fund: Gentlemen-On June 21, 1916, the Commissioner of Docks requested the Commissioners of the Sinking Fund to approve of and consent to the execution by the Commissioner of Docks of a lease to the Quebec Steamship Company, Limited, of an extension to Pier 47, North River. The City to construct at its own cost and expense said extension, which will comprise an area of 3,355 square feet. The lease to commence when the extension is completed and ready for occupancy and its life to be coterminous with the existing lease of Pier 47, North River; that is, October 25, 1924. The lessee to have the privilege of erecting on said extension when completed a shed to be erected in accordance with plans and specifications approved by the Chief Engineer of the Department of Docks and Ferries, and to become the property of the City at the expiration or sooner termination of the lease. The rental to be at the rate of 271⁄2 cents per square foot per annum for land under water covered by the extension, and in addition 51⁄2 per cent. on the cost of constructing said extension. The lease to be contingent on the filing in the Department of Docks and Ferries of a written agreement that the obligations of the Quebec Steamship Company and the sureties on the lease of Pier 47, North River, dated September 2, 1914, shall not be affected or impaired in any manner by the granting of the lease now proposed. The remaining terms and conditions of the lease where not inconsistent herewith shall be similar to those contained in leases of wharf property now used by the Department of Docks and Ferries. The rental charged I consider reasonable, and recommend the adoption of the attached resolution approving the request. Very truly yours, ALBERT E. HADLOCK, Deputy and Acting Comptroller. Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Commissioner of Docks of a lease to Quebec Steamship Company, Limited, of an extension to Pier No. 47, North River, beginning at the southwesterly corner of said pier, North River, and running thence westerly in the prolongation of the southerly side of said pier to its intersection with the pierhead line established by the Secretary of War, March 1st, 1913; thence northerly and along said pierhead line to its intersection with the westerly intersection of the northerly side of Pier No. 47; thence easterly and along said westerly prolongation to the northwesterly corner of said pier; thence southerly and along the westerly end of Pier No. 47, to the point or place of beginning; comprising an area of 3,355 square feet. The City shall at once proceed with the construction of an extension to said pier as above described at its own cost and expense. The lease shall commence from the date the Chief Engineer of the Department of Docks and Ferries reports that the said extension is completed and ready for occupancy and shall continue for a period coterminous with the existing lease of Pier No. 47, North River, namely, October 25, 1924. The lessee shall have the privilege of erecting upon said extension when completed a shed; said shed shall be erected in accordance with plans and specifications to be submitted to and approved by the Chief Engineer of the Department of Docks and Ferries and shall revert to and become the property of the City at the expiration or sooner termination of the lease. The rental shall be at the rate of twenty-seven and one-half (27 1-2) cents per square foot per annum for land under water covered by said extension and in addition five and one-half (51-2) per cent. on the cost of building said extension, all as shown by the books and surveys of the Department of Docks and Ferries. It is understood and agreed that the lease hereby recommended shall be of no force or effect unless the Quebec Steamship Company and the sureties on the lease of Pier 47, North River, dated September 2, 1914, shall file in the Department of Docks and Ferries a written agreement that their obligations under the provisions of said lease shall in no manner be affected or impaired by reason of the granting of the lease herein recommended for the construction of an extension to said pier. The remaining terms and conditions of the lease where not inconsistent herewith shall be similar to those contained in leases of wharf property now used by the Department of Docks and Ferries. The report was accepted, and the resolution adopted, all the members present voting in the affirmative. Dock Department-Lease to Henry Herbermann of Bulkhead Between Pier 1 and Pier Old 1, North River, Borough of Manhattan. The following was received from the Commissioner of Docks: Pier A, North River, June 27, 1916. Lease of Bulkhead Between Pier New 1 and Pier Old 1, N. R. Hon. JOHN PURROY MITCHEL, Mayor, and Chairman of the Commissioners of the Sinking Fund: Dear Sir-I beg to recommend that a resolution be adopted by the Commissioners of the Sinking Fund approving of and consenting to the execution by the Commissioner of Docks of the following described lease: Lessee-Henry Herberman. Description-Bulkhead between Pier New 1 and Pier Old 1, North River. Term-Five years from first day of month next succeeding the date upon which the lease shall be approved by the Commissioners of the Sinking Fund. Rental-$2,500 per annum. Structures-The lessee shall have the privilege of erecting and maintaining during the term of the lease, upon the new made land adjoining the bulkhead, a derrick and portable chute or pocket, in accordance with plans to be submitted to the Chief Engineer of this Department and to be erected under his supervision, for the unloading of bulk material. Remaining Terms and Conditions-The remaining terms and conditions of the lease shall be similar to those contained in leases of wharf property now used by this Department. Respectfully. R. A. C. SMITH, Commissioner of Docks. In connection therewith the Deputy and Acting Comptroller presented the following report and offered the following resolution: July 6, 1916. To the Honorable the Commissioners of the Sinking Fund: The lease to be for a term of five years commencing on the first day of the month next succeeding the date upon which the lease shall be approved by the Commissioners of the Sinking Fund, at a rental of $2.500 per annum. The lessee to have the privilege of erecting and maintaining during the term of the lease, upon the new made land adjoining the bulkhead, a derrick and portable chute or pocket, in accordance with plans to be submitted to and approved by the Chief Engineer of the Department of Docks and Ferries, for the unloading of bulk material. |
