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of Pearl Street 160.39 feet; thence northwesterly 177.91 feet to the southerly side of Water Street, and thence easterly along the southerly side of Water Street 77 34 feet to the point or place of beginning.

Plot 2. Beginning at the intersection of the northerly side of Front Street with the easterly side of Adams Street, and running thence easterly along the northerly side of Front Street 34.31 feet; thence northwesterly 79.56 feet to the easterly side of Adams Street, and thence southerly along the easterly side of Adams Street 71.74 feet to the point or place of beginning.

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

Brooklyn Trust Company as Executor, Etc.--Amendment to Resolution Adopted

July 13, 1916, Authorizing a Release to, of the City's Interests in Two Lots of Land in the Town of Gravesend, County of Kings and State of New York.

The Deputy and Acting Comptroller presented the following report and offered the following resolution:

August 3, 1916. To the Honorable the Commissioners of the Sinking Fund:

Gentlemen-On July 13, 1916, the Commissioners of the Sinking Fund authorizei a release to the Brooklyn Trust Company, as Executor, etc., of the City's interes. in two lots of land in the Town of Gravesend, County of Kings and State of Ne York, and more particularly described therein.

This resolution contains a clause to the effect that the deed is not to be delivere! until the grantee has paid whatever taxes and assessments are liens against the premises to be conveyed. The consideration mentioned in the resolution, name $1,300, was to offset whatever taxes and assessments were liens against the premises, and the clause above mentioned should not have been included therein.

I therefore respectfully recommend that the resolution above mentioned amended by striking therefrom the clause: "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. Resolved, That the resolution adopted by this Board at meeting held July 1S. 1916, authorizing a release to the Brooklyn Trust Company, as executor of the last will and testament of Wilmot A. Warburton, deceased, of the interest of The City of New York in two lots of land in the Town of Gravesend, County of Kings, as therein more particularly bounded and described, in consideration of the son o: $1,800, plus an additional charge of $12.50 for the preparation of the necessary papers, be and the same is hereby amended by striking out the clause which reads:

"The deed not to be delivered until the grantee has paid whatever taxes ar assessments are liens against the premises to be conveyed."

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

Health Department-Assignment to, of Premises at the Southwest Corner of Prince and Wooster Sts., Borough of Manhattan, known as 128 Prince St.

The Deputy and Acting Comptroller presented the following report and offered the following resolution:

August 3, 1916 To the Honorable the Commissioners of the Sinking Fund:

Gentlemen-I am in receipt of a communication from the Department of Health. under date of August 2, 1916, stating that the said Department has been notified a vacate on August 5, 1916, the premises at 22 Van Dam Street, occupied as a tubero losis clinic, in accordance with the provisions of the existing lease, and requesting that the building at the southwest corner of Prince Street and Wooster Street, Max hattan, be assigned to the Department of Health for use as a tuberculosis clinic and to house other activities of said Department.

The building is at present vacant, except the store, which is being rented on a month to month basis.

I therefore respectfully recommend that the premises at the south west corner of Prince and Wooster Streets, known as 128 Prince Street, Borough of Manhattar be assigned to the Department of Health, said assignment to take effect August 5, 1986

Respectfully, ALBERT E. HADLOCK, Deputy and Acting Comptroller,

Resolved, That, pursuant to the provisions of section 205 of the Greater New York Charter, as amended, the Commissioners of the Sinking Fund hereby assign to the Department of Health, the premises at the southwest corner of Prince and Wooster streets, in the Borough of Manhattan, formerly occupied by the First District Municipal Court, and known as No. 128 Prince street, Borough of Manhattan; said assignment to take effect August 5, 1916.

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

Petition of Flora J. Abrahams for the Removal of Restricted Covenants Affecting Premises Known as Lot 35 in Block 1148, Section 4, Borough of Brooklyn.

The following petition was received:

In the Matter of the Petition of Flora J. Abrahams, requesting the Board of Commissioners of the Sinking Fund of The City of New York to join with her and other owners of property situated on the southerly side of Bergen Street between Grand Avenue and Classon Avenue, in the Borough of Brooklyn of The City of New York, County of Kings, and State of New York, in a mutual agreement to abrogate, cancel and annul certain restrictive covenants existing of record against the said premises, which prohibit the owners thereof from building within fifteen and sixteen feet of the front lines of their respective properties. To the Board of Commissioners of the Sinking Fund of The City of New York:

Sirs—The petition of Flora J. Abrahams respectfully shows:

First-That your petitioner resides at No. 405 Putnam Avenue, in the Borough of Brooklyn, of The City of New York, County of Kings, and State of New York.

Second–That your petitioner is the owner in fee of premises now known as and by the street numbers 824 and 826 Bergen Street, in the said Borough of Brooklyn, situated on the southerly side of Bergen Street, distant five hundred (500) feet easterly from the southeasterly corner of Grand Avenue and Bergen Street, and holds the same under a full covenant and warranty deed made by Ernest N. Remer and Susan A. Remer, his wife, to her, dated May 27, 1916, and duly recorded in the office of the Register of the said County of Kings, in Liber ... of Conveyances, at page ...., on June 15, 1916, at 12 o'clock noon, and indexed against Section 4, Block 1148, on the Land Map of the County of Kings.

Third—That in January, 1854, as your petitioner is informed and verily believes, one William B. Nichols became seized in fee of premises located in said Section 4, Block 1148, on the land map of the County of Kings, extending from a point on the southerly side of Bergen Street aforesaid distant five hundred and sixty-seven (567) feet easterly from the said southeasterly corner of Bergen Street and Grand Avenue, and running thence westerly along the southerly side of Bergen Street five hundred and sixty-seven (567) feet to the southeasterly corner of Bergen Street and Grand Avenue; thence southerly along the easterly side of Grand Avenue two hundred and sixty-two (262) feet to the northeasterly corner of St. Marks Avenue (formerly Wyckoff Street) and Grand Avenue; thence easterly along the northerly side of St. Marks Avenue (formerly Wyckoff Street) six hundred and fifty-three (653) feet to land of one Rem Lefferts; and thence in a northerly direction along the land of said Rem Lefferts and Matilda Wilson two hundred and seventy-seven (277) feet to the point or place of beginning.

Fourth-That said William B. Nichols became seized of said premises under a deed made by Morris A. Phelps to him, dated January 5, 1854, and recorded in said Kegister's office on January 12, 1854, in Liber 348 of Conveyances, at page 233, as your petitioner has been informed, and also under a confirmation deed made by Charles E. Quincy to him, dated January 7, 1854, and duly recorded in Liber 348 of Conveyances, at page 236, on January 12, 1854.

Fifth-That subsequently said William B. Nichols conveyed all of said premises, as your petitioner is informed, and in the conveyances made by him of only parts of said premises, he, said William B. Nichols, inserted a restrictive covenant, which the purchasers in said deeds agreed to, whereby said certain purchasers were prohibited from building within fifteen (15) feet in some cases, and in only one case, namely that of your petitioner's, from building within sixteen (16) feet of the front lines of their premises.

Sixth-That as your petitioner is informed, the only deeds conveying any parts of the premises mentioned and described in the third paragraph of this petition which contained the said restrictive covenant of a fifteen (15) or a sixteen (16) foot set back are the following: Liber 406 of Conveyances, page 119; Liber 396, Conveyance, page 16; Liber 386, Conveyance, page 399; Liber 376, Conveyance, page 199; Liber 416, Conveyance, page 476; Liber 368, Conveyance, page 533; Liber 356, Conveyance page 494; and Liber 382, Conveyance, page 65.

Seventh-That said restrictive covenants did not affect all of the property of the said William B. Nichols in the said block, section 4, Block 1148, and the restrictions imposed on all of the property embraced within the description in paragraph "third" hereof were not uniform, and in some cases, as is shown by Liber 356 of Conveyances, page 492, Liber 56, Conveyance, page 525; and Liber 373, Conveyance, page 155, 03 restrictions whatsoever were imposed on parts of the premises described in paragraph "third” hereof, as your petitioner has been informed.

Eighth-Upon information and belief, that in May 1878, one Martha Gilbert became the owner in fee of a part of the premises described in the "third" paragraph hereoi under a deed from one Charles Whitlock, Jr., Referee, to her, dated May 25th, 1877, and duly recorded in said Register office on June 4th, 1878, at 11 a. m. in Liber 1320 of Conveyances at page 478 which said part is bounded and described in said deed as follows: All that certain lot * * * in the 9th Ward of the City of Brooklyn which is bounded and described as follows, to wit: Beginning at a point on the southerly side of Bergen street distant five hundred and fifty feet (550) easterly from the southeasterly corner of Bergen street and Grand avenue; running thence southerly parallel with Grand avenue one hundred and thirty-one (131) feet to the centre line of the block, thence easterly along said centre line and parallel with Bergen street sixty (60) feet to land now or late of Matilda Wilson; thence northerly along said last mentioned land one hundred and thirty-eight (138) feet three (3) inches more 3 less (+) to Bergen street and thence westerly along Bergen street seventeen (17) feet more or less (+) to the place of beginning.

Ninth-That the premises described in the "eighth” paragraph hereof adjoins the easterly side of the premises of your petitioner, and said premises so described in paragraph "eight" hereof, as your petitioner is informed, were sold and conveyed by John C. McGuire as Registrar of Arrears of the City of Brooklyn to the City of Brooklyn by a deed dated June 28, 1888, and duly recorded in said Register's office on June 30th, 1888, in Liber 1819 of Conveyances at page 139, and said premises are now owned by The City of New York, as the successor of the City of Brooklyn, in pu. suance of the laws made in relation thereto, and said premises are likewise subject to the said restrictive covenant to the extent of said fifteen (15) feet set back, imposed thereon by Liber 382 of Conveyances at page 65, as shown by paragraph "sixth." hereof.

Tenth-Upon information and belief, that said William B. Nichols died testate on January 10th, 1902, leaving a will duly admitted a probate by the Surrogate of New York County on January 16th, 1903, and recorded in Liber 701 of Wills at page 107 at page 113 in and by which he devised all his property to his (second) wife Mary Ida Nichols who survived him. That said Mary İda Nichols died intestate sometime about or during the month of September, 1912, leaving herself surviving one child Susie Warner Nichols. That said Susie Warner Nichols married one Joseph C Wolfe (of 552 Riverside Drive, Borough of Manhattan), and she died instate ca December 29th, 1915, leaving a will dated February 3rd, 1915, which was filed for prebate on March 28th, 1916, and which has since been contested. That on account of this condition your petitioner cannot secure a release of the said restrictive covenant, unless she awaits the disposition of the New York County Surrogate's Court in the iratter of the petition for the probate of the said last will and testament of the said Saste Warner Nichols Wolfe.

Eleventh-That your petitioner is about to commence to build upon her said premises situated on the southerly side of Bergen street five hundred (500) lect easterly of the southeasterly corner of Bergen street and Grand avenue, being fifty (50) feet front and rear by one hundred and thirty-one (131) feet in depth on each side, and for that purpose, has gone to great expense in looking into the matter di having a mutual agreement drawn, of having the whole of the premises described in the "third" paragraph hereof searched so as to ascertain and determine who would be proper parties to such an agreement whereby all the persons in said block, similary affected by the said restrictive covenants could come in and execute said agreemert to abrogate, cancel and annul the said restrictive covenants, and your petitioner has requested all of the said persons and The City of New York who are similarly at fected to join with her in said agreement and she has personally borne the entire expense attending the searching of the titles, the drawing of the agreement, all disbursements, railroad and car fares, telephone tolls and all other charges attendiri the signing and execution of said agreement and your petitioner now asks this Board to bear these great expenses in view in their deliberations in the matter and to jout with her and the other parties similarly affected in this agreement, which is hereto

annexed and made a part hereof, and your petitioner further wants to point out that by seeking the abrogation, annulment and cancellation of said restrictive covenants by the aforesaid mutual agreemet of all the parties similarly affected by said restrictive covenants, she not alone benefits herself, but also benefits all of the parties thereto, including The City of New York, and thereby increases the values of each of the parcels of land so mutually benefited in having said set back restrictive covenants abrogated, cancelled and removed.

Wherefore, your petitioner prays this honorable board on behalf of The City of New York to join with her and the other persons so similarly affected by the said set back restrictive covenants in executing said abrogation agreement, and your petitioner further prays that this honorable board will take into consideration during its deliberations in the matter the great expense to which your petitioner has been put thus far, the great benefit this abrogation agreement will be in benefitting the property of The City of New York by increasing its value and conducing to its sale free from said set back restrictive covenant, and in also benefiting the other owners of said property so affected by said set back restrictive covenants in purging their titles from said covenants, and your petitioner further prays that you will take into consideration that the entire neighborhood surrounding said premises has materially changed that the greater part of said premises is used and occupied by the Knox Hat Factory Company for commercial purposes and that other trades, businesses and callings are carried on on other parts of said premises. Respectfully submitted,

FLORA J. AERAHAMS. . . Dated July 24, 1916. State and City of New York, County of Kings, ss.:

Flora J. Abrahams being duly sworn deposes and says that she is the petitioner herein; that she has read the foregoiing petition subscribed by her and that the same is true of her own knowledge except as to those matters alleged on information and belief and as to those matters she believes it to be true.

FLORA J. ABRAHAMS. Sworn to before me this 24th day of July, 1916. HENRY A. REYNOLDS, Commissioner of Deeds, City of New York, residing in Kings County. Commission expires October 13, 1916.

In connection therewith the Deputy and Acting Comptroller presented the following report and offered the following resolution:

August 3d, 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 Flora J. Abrahams, in which she states that she is the owner of certain premises known as 824 and 826 Bergen Street, Borough of Brooklyn. These premises are subject to a restriction prohibiting building within fifteen feet of the front line of the premises. This restriction also applies to property owned by the City adjacent to the petitioner's property, and she requests that the City join with the property owners in an agreement removing the same. The removal of the restriction will, to my mind, enhance the value of the property owned by the City.

I therefore respectfully recommend that the Commissioners of the Sinking Fund authorize the Corporation Counsel to prepare the necessary papers whereby the City will agree to the removal of the restrictive covenants affecting premises known as Lot 35, in Block 1148, Section 4, Borough of Brooklyn, more particularly described in a certain deed from John C. McGuire, as Registrar of Arrears to the City of Brooklyn, dated June 28, 1888, recorded in the Register's office of the City of Brooklyn, on June 30, 1888, in L. 1819 of C., P. 139. Respectfully,

ALBERT E. HADLOCK, Deputy and Acting Comptroller. Whereas, Flora J. Abrahams, in a petition addressed to the Commissioners of the Sinking Fund, requests that the City join with her and other owners of property situated on the southerly side of Bergen Street, between Grand Avenue and Classon Avenue, in the Borough of Brooklyn, in a mutual agreement to abrogate, cancel and annul certain restrictive covenants existing of record against the said premises which prohibit the owners thereof from building within fifteen and sixteen feet of the front lines of their respective properties; and

Whereas, The Commissioners of the Sinking Fund are of the opinion that the removal of this restriction will enhance the value of the property owned by the City, therefore be it

Resolved, That the Corporation Counsel be and is hereby requested to prepare the necessary papers whereby the City will agree to the removal of the restricted covenants affecting premises known as Lot 35 in Block 1148, Section 4, Borough of Brooklyn, more particularly described in a certain deed from John C. McGuire as Registrar of Arrears to the City of Brooklyn, dated June 28, 1888, recorded in the Register's office of the City of Brooklyn on June 30, 1888, in Liber 1819 of Comveyances, page 139.

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

Department of Correction-Assignment to, of Premises at No. 49 Lafayette St.

Borough of Manhattan, for Use as a House for the Detention of Male Wit nesses.

The Deputy and Acting Comptroller presented the following report and offered the following resolution :

August 3, 1916. To the Commissioners of the Sinking Fund:

Gentlemen-At a meeting of your Board held July 26, 1916, there was referred :: the Comptroller a copy of report of the Commissioners of Accounts in regard to a proposed assignment of the 11th floor of the building known as 49 Lafayette Street, Borough of Manhattan, for use of the Department of Correction as a house of de tention for male witnesses.

It has since been ascertained that the 12th or top floor of the building will be more suitable for the needs of the Department than the 11th floor.

The 12th floor of the building is now occupied by the Fire Department, and the Commissioner of Accounts is of the opinion that the Fire Commissioner can be in duced to release the top floor and move to another floor in the building.

The Commissioner of Correction and the Commissioner of Accounts are desirous of having the matter disposed of at this meeting and as they wish to discuss the matter before the Board, I respectfully submit the question of the proposed assignment to the Board for its consideration.

Respectfully, ALBERT E. HADLOCK, Deputy and Acting Comptroller.

Mr. John T. Dooley, Assistant District Attorney, a representative of the Comm.. sioner of Accounts, and the Commissioner of Correction were heard in regard to the proposed assignment.

The following resolution was then offered for adoption:

Resolved, That, pursuant to the provisions of section 205 of the Greater Ver York Charter, as amended, the Commissioners of the Sinking Fund hereby assigt t: the Department of Correction the top or 12th floor of the building No. 49 Lafayes Street, Borough of Manhattan, for use as a house for the detention of male witnessei

Which resolution was adopted, all the members present voting in the affirmative

Adjourned.

JOHN KORB, JR., Secretary,

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