and parallel with Fosdick Avenue, one hundred and ten feet, eleven and threequarter inches (110 1134) more or less to a point in Fosdick Avenue which would be intersected by a line continuing the Southerly side or line of Lot No. 261, as laid down on a certain map entitled "Map of Property formerly known as John Debevoise Farm, in the Second Ward, now belonging to Henry Roth, Brooklyn, N. Y., April, 1900" and filed in the office of the Clerk of Queens County on May 11th, 1900, if continued; and thence Westerly, along said last mentioned line, if continued, five feet and twenty-four one-hundredths of an inch (5′ 24′′) to the point or place of beginning.

Beginning at a point formed by the intersection of the Southerly side of Central Avenue with the Easterly side of Fosdick Avenue; running thence Southerly, along the Easterly side of Fosdick Avenue, three hundred feet (300′); thence Westerly, at right angles to Fosdick Avenue, five feet (5′); thence Northerly, parallel with the Easterly side of Fosdick Avenue, three hundred feet (300), and thence Easterly, at right angles to Fosdick Avenue, five feet (5') to the point or place of beginning.

All those certain lots, pieces or parcels of land, situate, lying and being in the City of New York, Borough of Queens, County of Queens and State of New York, bounded and described as follows, to wit:

Beginning at a point formed by the intersection of the Southerly side of Central Avenue with the Westerly side of Lafayette Street; running thence Southerly, along the Westerly side of Lafayette Street, three hunded and twenty-six feet, one and one-quarter inches (326 14"); thence in an Easterly direction, five feet and twenty-four one-hundredths of an inch (5′ 24′′); thence Northerly, parallel with the Westerly side of Lafayette Street, three hundred and twenty six feet, one and one-quarter inches (326′ 14′′) more or less to a point in Lafayette Street, which would be intersected by a line drawn in continuation of the Southerly side of Central Avenue, if extended; and thence Westerly and at right angles to Lafayette Street, five feet (5′) to the point or place of beginning.

Beginning at a point formed by the intersection of the Southerly side of Central Avenue with the Easterly side of Lafayette Street; running thence Southerly, along the Easterly side of Lafayette Street, three hundred feet (300′); thence Westerly, at right angles to Lafayette Street, five feet (5); thence Northerly and parallel with Lafayette Street, three hundred feet (300); thence Easterly, at right angles to Lafayette Street, five feet (5′) 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 Henry Roth of Myrtle and Wyckoff Avenues, Borough of Brooklyn, City of New York, 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 grantee has paid whatever taxes and assessments are liens against the premises to be conveyed.

The report was accepted and the resolution adopted, all the members present voting in the affirmative.

Petition of Theodore Kiendl for a Release of the City's Interest in a Section of Old South Road, in the Borough of Brooklyn.

The following petition was received:

In the Matter of the Petition of Theodore Kiend to obtain a release from the City of New York to certain land in the bed of the road known as Old South Road, both the "old" location, so called, and the "new" location thereof, at or near the old County line between the Counties of Kings and Queens and lying partly in both of said Counties, in the City of New York.

To the Honorable Sinking Fund Commissioners of the City of New York:

The Petition of Theodore Kiendl, of the Borough of Brooklyn, City of New York, respectfully shows:

I. That your Petitioner resides at No. 105 Pennsylvania Avenue, in the Borough of Brooklyn, County of Kings, City and State of New York.

II. That your Petitioner is the owner in fee simple of the following described premises:

All those certain tracts, pieces or parcels of land, situated partly in Borough of Brooklyn, County of Kings, City and State of New York, and partly in the Borough of Queens of the City of New York and known and designated on a certain_map entitled "Map of 292 lots, situated in the 26th Ward of the Borough of Brooklyn and 4th Ward of the Borough of Queens, Counties of Kings_and Queens, City and State of New York, made by Francis P. Murphy, C. S., 66 Court Street, Brooklyn," and filed in the office of the Register of the County of Kings on March 26th, 1906, and in the office of the Clerk of the County of Queens on March 27th, 1906, as and by the lot numbers 43, 45 to 47, inclusive, 80, 84 to 89, inclusive, 101 to 104, inclusive, 106 to 108, inclusive, 120 to 130, inclusive, 139 to 144, inclusive, 152 to 168, inclusive, 173 to 180, inclusive, 181 to 185, inclusive, 193 to 200, inclusive, 211 to 220, inclusive, 373, 374, 377, 378, 383 to 392, inclusive, 410 to 424, inclusive, 432 to 439, inclusive, 444 to 463, inclusive, and lot number 94.

III. That your Petitioner acquired title to the aforesaid premises by two deeds from the Pitkin Ruby Company, both dated October 15th, 1914, and one thereof recorded in the office of the Register of the County of Kings, in liber of conveyances, page on the 16th day of October, 1914, and in Queens County Clerk's office on the 16th day of October, 1914, in liber 1970 of conveyances, page 244, and the other deed is now unrecorded but in the possession of your Petitioner. IV. That the premises owned by your Petitioner are partly in the bed of said Main Road known as both the "old" location of the Old South Road, and the "new" location of the Old South Road, and are on or near the old County line between the Counties of Kings and Queens, and lie partly in both of said Counties, in the City of New York: That there is no authentic proof of the origin of the "old" location of the Old South Road, and none of the "new" location of the said road. It is known, however, that Henry Drew, in his life time, owned all of the premises in question and kept a Tavern or public place thereon, which faced the "new" location of the Old South Road, and which was south of his Tavern, and the "old" location of the Old South Road was back of and behind his house and to the north thereof. The change of location is shown by nothing but the Deeds of said John Drew, and others, the change having been made sometime between 1813 and 1863. There seems to be no record at all of the original or "old" location of the said Road, and because of the lack of any official record of the original or "old" location or of the "new" location of said Road a question seems to have been raised as to its origin either as a Dutch or English Road. There can be little, if any, doubt the new location was under English rule and it is much more likely that both locations were under the English rule, as this outlying part of our City was much more recent in its growth and road facilities than other nearer portions of our City. It is located mainly in what is known as the "New Lots" and the town of "New Lots" was incorporated in the year 1853.

If the Old South Road was of Dutch origin then the City of New York might have or claim to have an interest in the land in the bed of said Road which might raise a question as to the title of your Petitioner to the aforesaid property.

V. That the premises affected by the cloud on title in favor of the City of New York, and a Release from which is sought by your Petitioner is as follows:

All that certain plot, piece or parcel of land, situate. lying and being partly in the 26th Ward of the Borough of Brooklyn, County of Kings, and partly in the Borough and County of Queens, City and State of New York, and which is bounded and described as follows: Beginning at a point on the Easterly side of Drew Avenue, distant one hundred and sixty and ninety-eight hundredths (160.98) feet southerly from the southeasterly corner of Drew Avenue and Glenmore Avenue; and running thence southerly, and along the easterly side of Drew Avenue, forty and ninety-four hundredths (40.94) feet; thence easterly, and at an angle of ninety-six (96) degrees fifty-seven (57) minutes to said first mentioned line, or Drew Avenue, two hundred and one and forty-eight hundredths (201.48) feet to the westerly side of Ruby Street; thence northerly and along the westerly side of Ruby Street, forty and ninety-four hundredths (40.94) feet; thence westerly, and on an angle of ninetysix (96) degrees, fifty-seven (57) minutes to said last mentioned line, or Ruby Street, two hundred and one and forty-eight hundredths (201.48) feet, to the point or place of beginning.

Also all that certain plot, piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, and which is bounded

and described as follows: Beginning at a point on the easterly side of Ruby Street. distant one hundred and seventy-three and twenty-seven hundredths (173.27) feet southerly from the southeasterly corner of Ruby Street and Glenmore Avenue; and running thence southerly, and along the easterly side of Ruby Street, forty-three and eighty-three hundredths (43.83) feet; thence easterly, and at an angle of one hundred and eleven (111) degrees fifty-eight (58) minutes, forty-two (42) seconds to said first mentioned line or Ruby Street, seventy-one and nine hundredths (71.09) feet to what is known or called the old location of Old South Road; thence northwesterly, and along the said old location of Old South Road sixty-three and forty hundredths (63.40) feet; thence westerly, and at an angle of one hundred and forty (140) degrees seven (7) minutes forty-eight (48) seconds to said line of the old location of Old South Road thirty-eight and eighty-three hundredths (38.83) feet to the point or place of beginning.

Also all that certain plot, piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, and which is bounded and described as follows: Beginning at a point on the easterly side of Ruby Street. distant fifty-three and sixty-three hundredths (53.63) feet southerly from the southeasterly corner of Ruby Street and Glenmore Avenue; and running thence southerly and along the easterly side of Ruby Street sixty-six and sixty-one hundredths (66.61) feet; thence southeasterly and at an angle of one hundred and fifty-one (151) degrees, fifty (50) minutes and fifty-four (54) seconds to said first mentioned line or course one hundred and forty and three hundredths (140.03) feet; thence easterly, and at an angle of one hundred and forty degrees, seven (7) minutes and fortyeight (48) seconds, to said last mentioned line, thirty-six and eighty-four hundredths (36.84) feet; thence northerly, and at an angle of sixty-eight (68) degrees, one (1) minute and eighteen (18) seconds to said last mentioned line five and fifty-five hundredths (5.55) feet; thence easterly, and at an angle of two hundred and seventysix (276) degrees two (2) minutes to said last mentioned line one hundred and sixty-six hundredths (100.66) feet to the westerly side of Emerald Street; thence northerly, and along the westerly side of Emerald Street, eight and forty-four hundredths (8.44) feet; thence northeasterly and at an angle of one hundred and eleven (111) degrees, fifty-eight (58) minutes and forty-two (42) seconds to said last mentioned line one hundred and thirteen and sixty-seven hundredths (113.67) feet; thence still in a northwesterly direction and at an angle of two hundred and nineteen (219) degrees fifty-two (52) minutes and twelve (12) seconds to said last mentioned line one hundred and fifty-eight and seventy-two hundredths (158.72) feet; thence still in a northwesterly direction and at an angle of one hundred and sixty (160) degrees to said last mentioned course twenty-six and ninety-three hundredths (26.93) feet to the point or place of beginning.

Also all that certain plot, piece or parcel of land, situate, lying and being partly in the 26th Ward of the Borough of Brooklyn, County of Kings, and partly in the Borough and County of Queens, City and State of New York, and which is bounded and described as follows: Beginning at a point on the westerly side of Ruby Street, distant six and nineteen hundredths (6.19) feet southerly from the southwesterly corner of Ruby Street and Glenmore Avenue, and running thence southerly. and along the westerly side of Ruby Street, fifty-four and fifty-six hundredths (54.56) feet; thence in a northwesterly direction at an angle of forty-eight (48) degrees, nine (9) minutes six (6) seconds to said last mentioned line ninety-one and ninetytwo hundredths (91.92) feet; thence westerly and at an angle of two hundred and eighteen (218) degrees fifteen (15) minutes to said last mentioned line thirty-one and sixty-eight hundredths (31.68) feet; thence northerly, and at an angle of ninetythree (93) degrees thirty-five (35) minutes and fifty-four (54) seconds to said last mentioned line seven and ninety-nine hundredths (7.99) feet to the southerly side of Glenmore Avenue; and thence easterly. along the southerly side of Glenmore Avenue, ninety-four and fifty hundredths (94.50) feet; thence in a southeasterly direction and at an angle of one hundred and forty-four (144) degrees, eleven (11) minutes and six (6) seconds to said last mentioned line, eight and twenty-two hundredths (8.22) feet to the point or place of beginning.

VI. That the report on said application of the Rockmore Realty Co., Inc., by the Comptroller of the City of New York, bearing date July 29th. 1915, and printed in the minutes of the Commissioners of the Sinking Fund of July 29, 1915, in the CITY RECORD of August 7. 1915, page 6369, reported the said Road was not a Dutch Road. see also opinion of Corporation Counsel of June 17th. 1915.

VII. That the predecessors in ownership before your Petitioner, and your Petitioner in the period of his ownership has had continuous, open, notorious and adverse possession in respect to the whole of all of the aforesaid premises, and that neither

the City of New York, or any other person had ever asserted any ownership or claim of ownership to any part of your Petitioner's premises.

VIII. Your Petitioner further alleges that even if the said Old South Road be of Dutch origin nevertheless the City of New York has lost all right, title and interest therein by reason of the change of location or substitution of the "new" location for the "old" location and by reason of the adverse possession of your Petitioner and his predecessors in title to both the "old" and "new" location of said road.

IX. That your Petitioner acted in good faith in his purchase and ownership of all of the said premises and he and his predecessors in title have duly paid the taxes and assessments upon the premises held by them and all of them and have been assessed by the City of New York as the owners thereof and recognized as the owners without question.

X. That your Petitioner is advised and verily believes that the City of New York has but a technical claim in the premises known as the Old South Road by reason of the facts aforesaid, and it is respectfully submitted that the City of New York should not now stand upon any technical claim, but should deliver a release of all its interest in and to said premises to your Petitioner.

XI. That the City of New York has already investigated the question of the title to said premises in the application of Rockmore Realty Co., Inc., and on August 7, 1915, passed upon an application for a release of the roadbed thereof favorably to such applicant to property adjoining the property of your Petitioner and the question of ownership in that case is exactly similar to the question raised on that application, title to his land having been derived from the same source as title to the land of your Petitioner to wit:-Through John Drew. That the application was acted upon favorably to the Petitioner in that case and similar action is requested on this application.

XII. That attached hereto and made a part of this petition is a survey of the Old South Road showing Loth the "old" and the "new" location of said road and the premises owned by your petitioner, colored yellow, showing how the Old South Road runs through said property, and also showing the city streets which run practically parallel with the said Old South Road and which have taken the place of the same as to the public of a road or street for all purposes of travel. That the annexed survey was made by Messrs. Mererole & Middleton, City Surveyors, on July 8, 1915. The portion of said survey showing the "old" and the "new" location of the Old South Road are the premises for which a release is prayed for by this petition.

Wherefore your Petitioner prays for a quit-claim deed from the City of New York granting and conveying that part of the premises owned by your Petitioner as lies within the roadbed of the "old" location and also the "new" location of the Old South Road and that application be made to the Corporation Counsel of the City of New York for a certificate permitting your Honorable body to grant said deed on the ground that the interest of the City of New York, in and to said premises herein described are a cloud upon the said title, and for such other and further relief in the premises as may be just and equitable.

Dated, Brooklyn, August 24, 1915.

THEODORE KIENDL, Petitioner.

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

Theodore Kiendl, being duly sworn, deposes and says that he is the Petitioner in the foregoing petition, that he has read the foregoing petition and knows the contents thereof; that the same is true to the knowledge of deponent, except as to matters therein stated to be alleged on information and belief, and as to those matters, he believes it to be true. THEODORE KIENDL.

Sworn to before me this 24th day of August, 1915, FREDERCK E. BEIHL, Notary Public, Kings County.

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 21, 1916.

Gentlemen—I am in receipt of a petition to the Commissioners of the Sinking Fund from Theodore Kiendl, in which he states that he is the owner of certain premises located between Glenmore Avenue, Pitkin Avenue, Emerald Street and Drew Avenue, Borough of Brooklyn. Within the area of the premises owned by him are portions of Old South Road, which the petitioner requests to have released to him.

I submitted this petition to the Corporation Counsel, and requested him to inform me as to the interest of the City in the premises requested to be released.

In a communication under date of January 7, 1916, the Corporation Counsel certifies that the City's interest therein is nominal.

I therefore respectfully recommend that the Commissioners of the Sinking Fund adopt the attached resolution. Respectfully, ALEX BROUGH, Deputy and Acting Comptroller.

Whereas, Theodore Kiendl, in a verified petition addressed to the Commissioners of the Sinking Fund, requests a release of the City's interest in a section of Old South Road, 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 plot, piece or parcel of land, situate, lying and being partly in the 26th Ward of the Borough of Brooklyn, County of Kings, and partly in the Borough and County of Queens, City and State of New York, and which is bounded and described as follows: Beginning at a point on the easterly side of Drew Avenue, distant one hundred and sixty and ninety-eight hundredths (160.98) íeet southerly from the southeasterly corner of Drew Avenue and Glenmore Avenue; and running thence southerly and along the easterly side of Drew Avenue, forty and ninety-four hundredths (40.94) feet; thence easterly, and at an angle of ninety-six (96) degrees fifty-seven (57) minutes to said first mentioned line. or Drew Avenue, two hundred and one and forty-eight hundredths (201.48) feet to the westerly side of Ruby Street; thence northerly and along the westerly side of Ruby Street, forty and ninety-four hundredths (40.94) feet; thence westerly, and on an angle of ninety-six (96) degrees, fifty-seven (57) minutes to said last mentioned line, or Ruby Street, two hundred and one and forty-eight hundredths (201.48) feet, to the point or place of beginning.

Also all that certain plot, piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, and which is bounded and described as follows: Beginning at a point on the easterly side of Ruby Street, distant one hundred and seventy-three and twenty-seven_hundredths (173.27) feet southerly from the southeasterly corner of Ruby Street and Glenmore Avenue; and running thence southerly, and along the easterly side of Ruby Street, forty-three and eighty-three hundredths (43.83) feet; thence easterly, and at an angle of one hundred and eleven (111) degrees fifty-eight (58) minutes, forty-two (42) seconds to said first mentioned line or Ruby Street, seventy-one and nine hundredths (71.09) feet to what is known or called the old location of Old South Road; thence northwesterly, and along the said old location of Old South Road sixty-three and forty-hundredths (63.40) feet; thence westerly, and at an angle of one hundred and forty (140) degrees seven (7) minutes forty-eight (48) seconds to said line of the old location of Old South Road, thirty-eight and eighty-three hundredths (38.83) feet to the point or place of beginning.

Also all that certain plot, piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, and which is bounded and described as follows: Beginning at a point on the easterly side of Ruby Street, distant fifty-three and sixty-three hundredths (53.63) feet southerly from the southeasterly corner of Ruby Street and Glenmore Avenue; and running thence southerly and along the easterly side of Ruby Street sixty-six and sixty-one hundredths (66.61) feet; thence southeasterly and at an angle of one hundred and fifty-one (151) degrees, fifty (50) minutes and fifty-four (54) seconds to said first mentioned line or course one hundred and forty and three hundredths (140.03) feet; thence easterly, and at an angle of one hundred and forty degrees, seven (7) minutes and forty-eight (48) seconds, to said last mentioned line, thirty-six and eighty-four hundredths (36.84) feet; thence northerly, and at an angle of sixty-eight (68) degrees, one (1) minute and eighteen (18) seconds to said last mentioned line five and fifty-five hundredths (5.55) feet; thence easterly, and at an angle of two hundred and seventy-six (276) degrees two (2) minutes to said last mentioned line one hundred and sixty-six hundredths (100.66) feet to the westerly side of Emerald Street; thence northerly, and along the westerly side of Emerald Street eight and forty-four hundredths (8.44) feet; thence northwesterly and at an angle of one hundred and eleven (111) degrees, fifty-eight (58) minutes and forty-two (42) seconds to said last mentioned line one hundren and thirteen and sixty-seven hundredths (113.67) feet; thence still in a northwesterly direction and at an angle of two hundred and nineteen (219) degrees fifty-two (52) minutes and twelve (12) seconds to said last mentioned line one hundred and fifty-eight and seventy-two hundredths (158.72) feet; thence still in a northwesterly direction and at an angle of one hundred and sixty (160) degrees to said last mentioned course twenty-six and ninety-three hundredths (26.93) feet to the point or place of beginning.