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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 U 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, herein

before 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 Brooklyti.

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 anproved 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:

July 12, 1916. To the Honorable the Commissioners of the Sinking Fund:

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 hulkhead line established by the Secretary of War, August 31. 1915. hetween East 56th and East 61st street, also the establishment of a hulkhead 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. Ilon. 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 oi property in Mill Basin, Borough of Brooklyn, owned by the City and company, 15 spectively

"I would request that you advise me whether the Commissioners of the Sinking Fund may approve the new plan showing the proposed pierbead 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 fierbeads bulkhead line by the Secretary of War.

"I would also request that you advise me whether the proposed agreement le tween the City of New York and the Losei Realty Corporation, or rather 20 2016ment approved as to form by the Corporation Counsel, should be entered to before the adoption of the proposed new larout or if the layout must be establece before the agreement can be consummated.

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

With regard to your first question I would say that I see no object. Ir the adoption of the plan proposed subject to the approval by the Secretary oi 11ar att new lines

I understand that the United States Government is not vitally interested in * lines of this hasin and that the Secretary of War will undoubtedly YOVE I chang recommended hr the City authorities.

With rrgard to your second question relating to the proposed agreetera 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 Commissionet * Dacke whic were entered urin hy reason of a communication from this office to the Camm31018 01 Deck dated Fehmuary 14, 1916

Mary promotions were submitter to and rejected by the Commissione po Inc unti fim. 11m the propeisition outlined in the present agreement was saitted vehic is satisfactors to the Commissioner of Docks

The ag e nt in hlark and unerecuted to the Losei Realit Caption from wardan hom the Deratr and Acting Comptroller contained some it wiTech were charge to h is office. The attention of the representatie in hs Corun tion was calied to these chiectionable features and also to the iact that the pro Afterment was not executed.

An a pitopatu wanyong papay it rating the provisions Ohracted to and executed IT une f(T T he Twomina Reshit Cottativ one terperan potter to this time the ti tff

every time you on the cart to the City of trcials et suicct to the con time thereo frente com ni isa at wait to more vitithin the days from the date thereof and is beter et transmitter Ariptored at to form.

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.
Respectfully yours, 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 Comimissioner 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.
The chair then declared the hearing closed.

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;

Establishing of a channel 1,000 feet in width outshore of the proposed pierhead line;

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:

July 12, 1916. To the Ilonorable the Commissionerst of the Sinking Fund:

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 Basir, 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.

Establishing of a channel 1,000 feet in width outshore of the proposed pierhead

line.

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. Sex York, July 11, 1916. Hon, WILLIAM . PRENDERGAST, Comptroller:

Sir-I am in receipt of a communication from Deputy and Acting Comprole Hadlock, dated June 29th, 1916, relative to the adoption of a plan for the impresement of the water front between Mill Basin and Fresh Creek Basin, Jamaica Ray, Borough of Brooklyn.

The Deputy and Acting Comptroller states that the Commissioner of Doces bas adopted and transmitted for approval by the Commissioners of the Sinking Foo: a new plan for this section showing as follows:

Establishing the pierhead line generally 950 feet inshore of the pier bead an head line approved by the Secretary of War May Ist, 1911.

Fstablishing a bulkhead line between Mill Basin and Bergen Beach b Paerdegat Rasin and Canarsie, and east of Canarsie 1.000 feet inshore of the proposed pierhead line

Estalishing a marginal street, wharf or place around the head of Paris Fstablishing a channel 1000 feet in width outshore of the proposed rierhez'ht. Creating a new hasin south of Bergen Beach, and concludes his com

ES flws

“I would request that you advise me whether the adoption of this item the Commissinners of the Sinking Fund would prejudice the City's isters TT HIT legal proceeding now in progress or contemplated by the Law Department

** As this matter has been advertised I would request that not favor THE VIT 1 tsin at an earlr date

The main a plan for the improvement of the water front of TETTUCE has been in allence at the recuest ni his price, owing to 0 Term.IS mens to be a n ei letters patent isoped to unland owners

10 ****TS the barroce which m eans onder water in terme what was ananas the Tona Sarrer Commission Folkhead Line of SS

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 pian 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 Cornmissioner of Docks June 21st, 1916, in accordance with law.

The report was accepted and the resolution unanimously adopted.
The chair then declared the hearing closed.

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

Extension to Pier No. 47, North River.
The following was received from the Commissioner of Docks.

Pier A, North River, June 21, 1916. Hon. John PU'RROY MITCHEL, Mayor, and Chairman of the Commissioners of the Sinking Fund:

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

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