Petition of Annie S. Walker for a Release of the City's Interest in a Strip of Land on the North Side of Halsey Street, Near Bedford Avenue, in the Borough of Brooklyn (Cripplebush Road). The following petition was received: In the Matter of the Petition of Annie S. Walker to obtain release To the Honorable Sinking Fund Commissioners of The City of New York: I. That your petitioner resides at 210 Berkeley Place, in the Borough of Brooklyn, City of New York. II. That your petitioner is the owner in fee simple of the following described premises: All that certain lot, piece or parcel of land, situate, lying and being in the Borough of Brooklyn aforesaid, known and distinguished on a map entitled "Map of the North Farm of Leffert Lefferts, deceased, in Partition February 1, 1877, surveyed by Ludlam & Stuchfield, City Surveyors," and filed in the office of the Register of the County of Kings on the 5th day of April, 1877, as and by the number one hundred and sixty-two (162) with the brown stone front dwelling house thereon erected, and known as eleven (11) Halsey Street, bounded and described as follows: "Beginning at the northerly side of Halsey Street, at a point distant one hundred and ten (110) feet easterly from the northeasterly corner of Halsey street and Bedford Avenue; and running thence easterly along Halsey Street twenty (20) feet; thence northerly and parallel with Bedford avenue, part of the distance through a party wall one hundred (100) feet; thence westerly, parallel with Halsey Street twenty (20) feet, and thence southerly again parallel with Bedford Avenue, one hundred (100) feet to the point or place of beginning." III. That your petitioner acquired title to the aforesaid premises by deed ftom Elizabeth A. Sharp and dated December 31, 1906, and recorded in the office of the Register of the County of Kings on January 8th, 1907, in liber 104 of Conveyances, at page 328, section 6, block 1837, and a certified copy of such deed is annexed hereto. IV. That the premises owned by your petitioner are partly in the bed of said Cripplebush Road, which road is of doubtful origin, and there is a dispute as to whether it is of English or Dutch origin. If such road be 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 render or tend to render the title of your petitioner in the aforesaid property owned by her as questionable. V. That the premises affected by the cloud in favor of The City of New York and sought to be released by this petition is described as follows: All that certain plot, piece or parcel of land situate, lying and being in the road known as Cripplebush Road, in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: Beginning at a point on the northerly side of Halsey Street, distant one hundred and ten (110) feet easterly from the corner formed by the intersection of said northerly side of Halsey Street with the easterly side of Bedford Avenue; running thence northerly and parallel with Bedford Avenue thirty-five feet eight and one-half inches (35 feet 81⁄2 inches), until its point of intersection with the easterly side of Cripplebush Road; running thence southeasterly and along the said easterly side of Cripplebush Road thirty-five feet eleven and one-half inches (35 feet 11 inches) to the northerly side of Halsey Street, and thence westerly and along said northerly side of Halsey Street, four feet two inches (4 feet 2 inches) to the point or place of beginning. VI. That said Cripplebush Road was never legally opened by any authority or proceeding, but by proceedings authorized by chapter 132, Laws of 1835, and chapter 41, Laws of 1839, the said Cripplebush Road was legally closed, and herefrom and thereafter the land in the bed of said Cripplebush Road became vested in fee title in the adjoining owner. VII. That on information and belief, the predecessors in ownership before your petitioner, and your petitioner in its period of ownership, have 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. That your petitioner further alleges that even if the said Cripplebush Road be of Dutch origin, nevertheless The City of New York has lost all right and title thereto by reason of the adverse possession by your petitioner and her predecessors in title. That your petitioner acted in good faith in her purchase and ownership ad of the aforesaid premises and she and her predecessors in title have duly paid De taxes and assessments upon the premises held by it and all of them. That your petitioner is advised by able counsel and verily believes that The City of New York has but a technical claim in the premises, by virtue of the fact that the City had never disputed the possession or ownership of your petitioner and her predecessors in title, 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. X. That attached hereto and made a part of this petition is a survey of said premises owned by your petitioner and made by Austin Ludlum on November 29, 1911, and showing the premises owned by your petitioner and also the premises sought to be released by this petition. Wherefore, Your petitioner prays for a quit claim deed from The City of New York to grant and convey that part of the premises owned by your petitioner as is within the bed of the road known as Cripplebush 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 are a cloud upon said title, and for such other and further relief in the premises as may be just and equitable. Dated, Brooklyn, N. Y., November 29th, 1915. ANNIE S WALKER, Petitioner. City and State of New York, Borough of Brooklyn, County of Kings, ss.: Annie S. Walker, being duly sworn, deposes and says, that she is the petitioner in the foregoing proceeding, that she has read the foregoing petition and knows the contents thereof, and that the same is true to her own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters she believes it to be true. ANNIE S. WALKER. Sworn to before me this 24th day of December, 1915. F. W. JACKSON, Notary Public No. 1, Kings County, N. Y.; certificate filed in Queens and Nassau Counties. City and State of New York, Borough of Brooklyn, County of Kings, ss.: Eugene F. Barnes, being duly sworn, deposes and says, that he is of the age of 67 years and resides at 84 Monroe st., Brooklyn, New York, that he is well acquainted with the premises known as No. 11 Halsey Street, Brooklyn, New York, and which premises are on the Northerly side of Halsey Street 110 feet East of Bedford Avenue, and of the dimensions of 20 feet by 100 feet, and he has known as premises for about 35 years last past, that during all the time of his knowledge of said premises there has been erected thereon a brown stone building covering the entire width of the lot and at no time has said premises been vacant, that deponent is well acquainted with the neighborhood surrounding said premises, and knows that there has always been occupancy and possession of No. 11 Halsey Street. EUGENE F. BARNES. Sworn to before me this 24th day of December, 1915. F. W. JACKSON, Notary Public No. 1, Kings County, N. Y.; certificate filed in Queens and Nassau Counties. (Seal.) City and State of New York, Borough of Brooklyn, County of Kings, ss.: J. L. Marcellus, being duly sworn, deposes and says, that he is of the age of 85 years and resides at No. 9 DeKalb Avenue, Brooklyn, New York. That he is well acquainted with the premises known as No. 11 Halsey Street, Brooklyn, New York, and which premises are on the Northerly side of Halsey Street 110 feet East of Bedford Avenue, and of the dimensions of 20 feet by 100 feet, and he has known as premises for about 36 years last past; that during all the time of his knowledge of said premises there has been erected thereon a brown stone building covering the entire width of the lot, and at no time has said premises been vacant; that deponent is well acquainted with the neighborhood surrounding said premises, and knows that there has always been occupancy and possession of No. 11 Halsey Street. J. L. MARCELLUS. Sworn to before me this 24th day of December, 1915. F. W. JACKSON, Notary Public. No. 1, Kings County, N. Y.; certificate filed in Queens and Nassau Counties. (Seal.) City and State of New York, Borough of Brooklyn, County of Kings, ss.: Frederick W. Jackson, being duly sworn, deposes and says, that he is of the age of 65 years, and resides at 10 Montgomery Place, Brooklyn, New York; that he is well acquainted with the premises known as No. 11 Halsey Street, Brooklyn, New York, and which premises are on the Northerly side of Halsey Street 110 feet East of Bedford Avenue, and of the dimensions of 20 feet by 100 feet, and he has known as premises for about 35 years last past; that during all the time of his knowledge of said premises there has been erected thereon a brown stone building covering the entire width of the lot, and at no time has said premises been vacant; that deponent is well acquainted with the neighborhood surrounding said premises and knows that there has always been occupancy and possession of No. 11 Halsey Street. F. W. JACKSON. Sworn to before me this 24th day of December, 1915. J. L. MARCELLUS, Notary Public, Kings Co., N. Y. (Seal.) In connection therewith the Deputy and Acting Comptroller presented the following report and offered the following resolution: November 21, 1916. To the Honorable the Commissioners of the Sinking Fund: Gentlemen-I am in receipt of a petition to the Commissioners of the Sinking Fund from Annie S. Walker, in which she states that she is the owner of certain premises located on the northerly side of Halsey Street, near Bedford Avenue, Borough of Brooklyn, by deed from Elizabeth A. Sharp, dated December 31, 1906. A portion of the premises owned by her is partly in the bed of Cripplebush Road, which she states is of doubtful origin, and there is a dispute as to whether it is of English or Dutch origin. I submitted this petition to the Corporation Counsel, who, in a communication dated November 3, 1916, states that a portion of these premises formerly formed a part of Cripplebush Road, which was closed and discontinued under chapter 132 of the Laws of 1885 and chapter 41 of the Laws of 1839, and that thereby the title to the bed of the street reverted to the abutting owners. He further states that the City has lost whatever title or interest it had in the premises requested to be released by the adverse possession of the petitioner and her predecessors in title, that it is only a technical claim in said premises, and that the City's interest in the premises requested to be released is but a cloud upon the petitioner's title. I, therefore, respectfully recommend that the Commissioners of the Sinking Fund authorize a release to Annie S. Walker, No. 210 Berkeley Place, Borough of Brooklyn, of the interest of the City in and to the following described premises: All that certain plot, piece or parcel of land situate, lying and being in the road known as Cripplebush Road, in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: Beginning at a point on the northerly side of Halsey Street, distant 110 feet easterly from the corner formed by the intersection of said northerly side of Halsey Street with the easterly side of Bedford Avenue; running thence northerly and parallel with Bedford Avenue 35 feet 81⁄2 inches until its point of intersection with the easterly side of Cripplebush Road; running thence southeasterly and along the said easterly side of Cripplebush Road 35 feet 111⁄2 inches to the northerly side of Halsey Street; and thence westerly and along said northerly side of Halsey Street 4 feet 2 inches to the point or place of beginning; -in consideration of the sum of $1, plus an additional charge of $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. Respectfully, ALBERT E. HADLOCK, Deputy and Acting Comptroller. Whereas, Annie S. Walker in a petition addressed to the Commissioners of the Sinking Fund requests a release of the City's interest in certain premises on the northerly side of Halsey Street near Bedford Avenue, 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 in the road known as Cripplebush Road, in the Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: Beginning at a point on the northerly side of Halsey Street, distant 110 feet easterly from the corner formed by the intersection of said northerly side of Halsey Street with the easterly side of Bedford Avenue; running thence northerly, and parallel with Bedford Avenue 35 feet 81⁄2 inches until its point of intersection with the easterly side of Cripplebush Road; running thence southeasterly and along the said easterly side of Cripplebush Road 35 feet 111⁄2 inches to the northerly side of Halsey Street; and thence westerly, and along said northerly side of Halsey Street 4 feet 2 inches 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 Annie S. Walker, No. 210 Berkeley Place, Borough of Brooklyn, of the interests 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 dollar ($1) 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 Abical Rivers for a Release of the City's Interest in a Strip of Land The following petition was received: In the Matter of the Petition of Abical Rivers, to obtain release To the Honorable Sinking Fund Commissioners of The City of New York: I. That your petitioner resides at No. 516 Bedford Avenue, Borough of Brooklyn, II. That your petitioner is the owner in fee simple of the following described premises: All that certain lot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, City of New York, County of Kings and State of New York, bounded and described as follows: Beginning at the corner formed by the intersection of the northerly side of Church Lane with the easterly side of East Sixteenth Street; running thence northerly along the easterly side of East Sixteenth Street and seventy-eight (78) feet seven (7) inches; thence easterly at right angles with the easterly side of East Sixteenth Street one hundred (100) feet; thence southerly parallel with the easterly side of East Sixteenth Street forty-four (44) feet eight (8) inches to the northerly side of Church Lane; running thence westerly along the northerly side of Church Lane one hundred and five (105) feet seven (7) inches to the point or place of beginning. III. That your petitioner acquired title to the aforesaid premises by deed from Charles V. Barker, dated October 10, 1916, and recorded in the office of the Register of the County of Kings on October 13, 1916, in Section 16, Block 5077. IV. That the premises owned by your petitioner include land in the bed of said Church Lane, which lane is of doubtful origin, and there is a dispute as to whether it is of English or Dutch origin. If such lane be 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 lane, which might render, or tend to render, the title of your petitioner in the aforesaid property owned by her, as questionable. V. That the premises affected by the cloud in favor of The City of New York, and sought to be released by this petition, is described as follows: All that certain piece or parcel of land, situate, lying and being in the Borough of Brooklyn, of The City of New York, County of Kings, State of New York, bounded and described as follows: Beginning at the corner formed by the intersection of the northerly side of Church Lane with the easterly side of East Sixteenth Street, running thence southerly along the easterly side of East Sixteenth Street four feet (4) one and one-quarter inches (14) to the northerly side of Church Avenue, thence easterly along the northerly side of Church Avenue, one hundred and five feet (105) ten inches (10). thence northerly three feet (3), five and one-eighth inches (5%) to the northerly |