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M. Woolsey, praying a Water grant in front of his property on the North river

Reports that in his opinion the prayer of the Petition should be granted under the usual conditions.

Feby 15th 1808.

ury.

Ordered that the same be confirmed.

J. Morton, Compt

[143] The Comptroller reported the sum of $2685. in the Treas

The Street Commissioner presented the following Report. *The Street Commissioner, charged with the duty of applying to the Proprietors of ground required for Canal Street, has the honor to

Report

1st John Jay & Peter Jay Munro

2d Dominick Lynch. These Gentlemen own all the ground through which Canal Street will run on the East side of Broadway, And agreeably to the conditions sometime since entered into between Mr Munro and the Corporation, they will voluntarily cede the whole of Canal Street and such parts of Elm and Crosby Streets, as will pass through their grounds; upon the express condition, however, that they are to be released from all charge for opening Canal Street, on the West side of Broadway.

3d John Cameron, owns a two Story frame house and one lot of ground in Broadway at the corner of and upon the grounds required for Canal Street, the lot is 25 feet on Broadway and 100 along Canal Street, for the whole of the premises and appurtenances he asks £.2500.

4th [144] Thomas Duggan. By the freport of the Committee presented to and confirmed by the Common Council, is to be paid for all the grounds in Canal Street running through his former property, which has not already been valued by the Jury. For the plot bounded upon Broadway and running 100 feet westerly containing about 5000 square feet he asks the same as was given by the Jury to others, which was, as he says 12/6 square foot, which will at that rate amount to $8000 Dollars: And for the two plots westerly of the above mentioned, and containing about 17.000 square feet, he asks 6/6 P. square foot, which he also says was allowed by the former Jury, and will, at that rate, amount to the additional sum of $12.200.

5th Walter Bowne, owns a gore of ground adjoining Mr Duggan

* Marginal note reads See P. 94.-Ed.

on the west and through which Canal Street runs, called on his Map three lots, the ground required will be about 4000 feet: he also owns a lot a little more westerly, of which about 700 square feet will be required. For these plots of ground he asks $2000.

There are no other grounds between Broadway and the Lots on Greenwich Street that will be required for Canal Street except those belonging to the Corporation of Trinity Church and the heirs [145] of Anthony Lispenard deceased. All the other proprietors were included in the former award, which the Acts of the Corporation has, it is believed, sufficiently confirmed.

6th The Corporation of Trinity Church, are proprietors of all the ground in Canal Street from the westerly boundary of ground sold by Anthony Lispenard to Miller & Baker, to the intersection of Watts and Hudson Streets. Some part of it is, however, under a long lease to Mr Lispenard. By a recent cession, that Corporation have ceded all that part of Canal Street which is intersected by Watts, Hudson, Varick and Vestry streets, containing probably one quarter of the grounds solicited of them for this Street.

Mr Barrow has been applied to respecting the cession of the residue. He informed that a meeting of the vestry was to take place last week, but they could not make a Board. He has promised to call a meeting the present week, when the subject of Canal Street will be laid before them. In the mean time he requests that the operations of the Corporation may not be retarded and that the Corporation of Trinity Church will be willing to receive the summons to attend the Jury. In case of cession, previously, the attendance, will of course, be unnecessary: and he says they are willing to take short notice.

7th The Heirs of Anthony Lispenard with one [146] exception own all the residue of Canal Street to the shore of Hudson river; no part of which has been leased except two lots hereafter mentioned. Mr Lispenard left his estate to be divided between his two sons Leonard and Anthony, his daughter Mrs Stewart, and his grand daughter, the daughter of Paul Beach deceased, the latter of whom is. still in her minority. Since the death of the father, Anthony Lispenard, the son, has deceased unmarried and intestate; his estate of course devolves upon the Survivors.

Mr Stewart has been appointed Guardian of the daughter of Mr Beach, but he has no power to convey any part of her real estate which remains in common with the other Heirs and undivided.

Mr Stewart is also the active manager of the said undivided estate of Mr Lispenard and contracting for valuable improvements

upon their grounds. The Subscriber has applied to him for a cession, and he has answered that they will, when they have the power, cede all the Streets through their ground in the same manner and upon the same principles as may be done by the Corporation of Trinity Church: but that it would be useless for himself and Leonard Lispenard to cede their rights in Canal Street while the title of Miss. Beach would remain an incumbrance thereon: and that in addition to [147] this, it is uncertain how oppressive such an operation will be to them, when a division of the property shall take place; and that it would at any rate, perplex the demands upon the assessments that may be made upon the undivided premises. Mr Stewart further states that he is now preparing a petition to the Chancellor to authorize him to convey some part of his wards real property for the purpose of improving the rest; and that at the same time he will apply for special permission to cede her interests in the Streets, in common with the other heirs, to the Corporation. The reasonableness of such an application creates a strong presumption that it will be successful as her property cannot otherwise be so well improved.

8th Edward J. Ball, owns the lease of a lot of ground situate on the East side of Greenwich Street, 14 years of which is unexpired, the reversion belongs to the heirs of Mr Lispenard. Canal Street cuts a triangular piece from the rear of this lot, containing about one third of it, and for his interest therein, he asks one hundred and fifty Dollars and an indemnification against Mr Lispenards heirs for a due proportion of the ground rents that may accrue, to the expiration of the Lease.

9th James Nelson owns the Lot on the east side of Greenwich Street, adjoining the lot of Mr Ball. Canal Street will cut off about one half of it in a diagonal manner, in which will be [148] included a wooden Stable. He asks £900. for the ground required of him, with permission to remove the Stable. His title is in fee simple and he contends that he will be put to a great expense by paving and regulating Canal Street which will be to him of no use, the remainder of the lot being insufficient for a building.

10th William Tait owns a Smiths shop upon grounds of Mr Lispenard North of Mr Nelson. The ground is let to him annually. Canal Street runs diagonally through the centre of the shop; and he asks 100 Dollars for his right in the premises, with liberty to move his Shop.

11th Lewis Lorton, by virtue of purchase and by a water grant

west side, and joining Brannon Street on the North and running from thence the same breadth to West Street. This ground is filled and regulated to the East side of West Street, and is joined by Mr Lispenard on the South. Canal Street will cut off above one half the plot between Washington and West Streets, and he rates his interest at £700 per lot of 56 feet in length by 20 in breadth, which amounts to above $10,000. It is here to be observed, that Canal Street will not go through this ground until the Basin lately agreed to be reserved from Washington to West Streets shall [149] be filled, which may not take place for many years hence, but it is still adviseable to extinguish Mr Lorton's title, not only to prevent his building thereon, but also to afford a landing on the North side of the basin.

The Street Commissioner has thus given a fair account of his mission, and hazards the opinion, that the Board ought not to accept the terms offered by the several proprietors on the West side of Broadway, except such other and additional arrangements as may remain in reserve with the Corporation of Trinity Church. And he further states, that it would, in his opinion, be adviseable to accede to the terms agreed to with Mr Jay and Mr Munro, as well as with Mr Lynch for the grounds on the East side of Broadway. The Ordinance to be passed by the Common Council directing the Assessment, may direct the Assessors, in addition to the Sum that may be specified therein, to assess All the Common Council have paid, or are bound to pay," towards the operation. And the Assessors can easily state such sums as they would probably have assessed upon the property east of Broadway, which can by them be added to the other conditions; for it is in fact the consideration paid or promised to be paid to these gentlemen for their cession, and therefore legally and properly chargeable in the Assessment.

66

[150] With respect to the property taken by the former award and for which bonds have not been given, the Street Commissioner conceives that the operations of the Common Council upon that award will be sufficient to bind them to a compliance. and he believes there are no fears that the proprietors will decline to accept of the sums then allowed, especially as they claim interest thereon, since the date of the award.

All which is respectfully submitted.
John S. Hunn

Feby 15th 1808

Ordered that the same lie for consideration.

St Comm

The Street Commissioner presented a deed of cession, in the usual form and without any covenants, for such part of Elm, White and Sugar loaf Streets, as belong to John Jay, Gouverneur Morris, James Morris and Henry White being the whole of White and Sugar loaf Streets from Church to Elm Street, and their right in Elm Street, between the ground of the Corporation near Leonard Street, and their ground north of Mr Jay;

Ordered that the same be referred to the Counsel and Attorney.

The Street Commissioner to whom it was referred to give an opinion of the compensation due to N. King for the copy of Mr Colvers Mud machine, reported that in his opinion the charge [151] of Eight Dollars and Fifty cents would be no more than reasonable, which, together with the charge for making out the exemplification of said Colver's patent, would amount to $15.

Warrt
N° 754.

Ordered that a warrant be issued in favour of the Mayor for that Sum, and that he be requested to remit the same to Mr King at Washington.

The Street Commissioner represented that there is now due to Carmen employed in carting earth to the Collect, the sum of $500. Ordered that a warrant be issued in favour of John Bingham Esq for that amount to pay the Carmen employed in filling in the Collect.

Warrt
N° 752.

The City Inspector reported drafts of Ordinances for the purpose of correcting various nuisances, from No 4028 to N° 4048. inclusive. Ordered that the same do pass.

The following persons were appointed Firemen, the Chief Engineer certifying correspondent vacancies.

No 2.

Freeman Bartholemey, House Carpenter, 16. Bayard Street vice. Jasper Miller resd

David Lewis, Grocer, corner of Division & George v. Moses Marsh. do

Stephen Thorne, Shoemaker. 115. Division v. Dan Williams d° [152] Mr Ludlam offered the following Resolution which was passed.

Resolved that the Attorney be directed to prepare a bill by the next meeting of this board for the purpose of being presented to the Legislature with a memorial requesting the same may be enacted

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