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This application is precisely similar to the application of Otto Singer, concerning which an opinion was delivered to you by the Corporation Counsel on March 4, 1902. In that communication it was said:

"This old road is one of a class of abandoned highways in the Borough of Brooklyn which have long since passed out of the control of the municipality, and have been occupied for a long series of years by private owners. All ciaims of municipal ownership and control over these premises have been relinquished, and taxes and assessments for local improvements have been imposed and collected thereon. Applications formerly made to the City of Brooklyn for quit-claim deeds of the interests of the City in these old roads were invariably granted. I am of opinion that the interest of the City in such property formerly forming a part of cloud upon the title of the private owner within whose property a portion of said old road is included."

In pursuance of the considerations thus expressed, I hereby certify that whatever interest the City may have had in the property formerly forming a part of the Old Clove road, in the former City of Brooklyn, which is included in the premises covered by the petition of Hugo F. Hammer, as committee of the property and person of Frieda A. Hammer, an adjudged lunatic, is a mere cloud upon the title of such owner.

The said property is known and designated on the Assessment Map of the Twenty-fourth Ward of the Borough of Brooklyn as Lot No. 57, Block 1240, Section 5, old Lot No. 55, old Block 49, Ward 24, and is bounded and described as follows:

"Beginning at a point on the northerly side of Butler street distant 256 feet and 8 inches westerly from the northwesterly corner of Butler street and Nostrand avenue and running thence northerly at right angles to Butler street 127 feet 91⁄2 inches to the centre line of the block between Butler and Baltic street (now Park place); thence westerly and parallel with Butler street 16 feet 8 inches; thence southerly and again at right angles to Butler street 127 feet 91⁄2 inches to the northerly side of Butler street; thence easterly and along the said northerly side of Butler street 16 feet 8 inches to the point or place of beginning."

Respectfully yours,

THEODORE CONNOLY, Acting Corporation Counsel.

Resolved, That, pursuant to the provisions of section 205 of the Amended Greater New York Charter, the Commissioners of the Sinking Fund, by unanimous vote, hereby authorize a release or quit-claim to Hugo F. Hammer as Committee of the property and person of Frieda A. Hammer, of all the right, title and interest of The City of New York of, in and to that portion of the Old Clove road, in the Borough of Brooklyn, included within the lines of the following described premises:

"Beginning at a point on the northerly side of Butler street distant 256 feet and 8 inches westerly from the northwesterly corner of Butler street and Nostrand avenue, and running thence northerly at right angles to Butler street 127 feet 91⁄2 inches to the centre line of the block between Butler and Baltic streets (now Park place); thence westerly and parallel with Butler street 16 feet 8 inches; thence southerly and again at right angles to Butler street 127 feet 91⁄2 inches to the northerly side of Butler street;

thence easterly and along the said northerly side of Butler street 16 feet 8 inches to the point or place of beginning,"

-the Corporation Counsel having certified to the Commissioners of the Sinking Fund, under date of July 11, 1904, that whatever interest the City may have in the property is a mere cloud upon the title of the owner.

Resolved, That the interest of The City of New York in and to the same be and is hereby appraised at the nominal sum of one dollar, and the expense of such release, examination, etc., be and is hereby fixed at one hundred dollars, to be paid by the petitioner and evidence produced that all taxes, assessments and water rates now a lien upon said premises, or any portion thereof or any sale for non-payment of taxes, assessments and water rates upon said property, or any portion thereof, have been paid before the execution and delivery of such release.

Which resolution was unanimously adopted.

The Comptroller presented the following report and offered the following resolutions, relative to the payment of the rental of rooms in the Stewart Building, No. 280 Broadway, Borough of Manhattan, occupied by various City Departments:

Hon. EDWARD M. GROUT, Comptroller:

JULY 18, 1904.

SIR-The Finance Department is in possession of the following rooms in the Stewart Building, No. 280 Broadway, Manhattan, as a hold-over tenant. One of the executors of the estate that owns the building, in a communication under date of July 14, 1904, presented a communication in which he asks for the quarter's rent for the period ending August 1, 1904:

The whole of the first floor, with the exception of Room 32; rooms in the basement designated as JJ, TT, XX, II, OO and PP; rooms on the ground floor, designated as O and P, and fronting on Chambers street; rooms on the second floor Nos. 51, 52, 54, 55, 63, 65, 67, 81, 83, 84, 85, 86, 87, 88, 89, 90 and 91; rooms on the third floor Nos. 139 141 and 142; rooms on the fourth floor Nos. 157, 159, 173, 175, 177, 179, 181, 183, 185, 186, 187 and 189.

Rooms designated as D, E, F, G, H, I, J, K and R on the ground floor, and room DD in the basement.

Rooms on the third floor Nos. 103, 104, 105, 114, 115, 119 and 121, Nos. 123, 127 and 128.

Rooms on the fifth floor Nos. 225 and 226.

Amount of rent for year ending May 1, 1905...

$126,890 00

I would respectfully recommend that the Commissioners of the Sinking Fund adopt

a resolution authorizing the Comptroller to pay the rent for one year from May 1, 1904, without the necessity of entering into a lease.

Room 82 on the second floor, amount of rent for one year.

$542 00

I would respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution authorizing the Comptroller to pay the rent for one year from May 1, 1904, without the necessity of entering into a lease.

Rooms Nos. 192 and 193 on the fourth floor, authorized for the Louisiana Purchase Exposition.

Amount of rent from January 18, 1904, to June 18, 1904.

$187 50

Authorized February 5 from date of occupation for six months, the Comptroller being at that time authorized to pay the rent.

Room No. 227 on the fifth floor. Assigned to the Law Department for the collection of personal taxes.

Amount of rent for one year..

$450 00

Authorized February 5 from date of occupation to May 1, 1904, the Comptroller being at that time authorized to pay the rent.

I would respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution authorizing the Comptroller to pay the rent for one year from May 1, 1904, without the necessity of entering into a lease.

Room No. 138 on the third floor. In the matter of this lease, a separate report and recommendation is made.

Respectfully submitted for approval,

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the Comptroller be and is hereby authorized and directed to pay to Horace Russell and Edward D. Harris, executors, the rent of the following rooms in the Stewart Building, No. 280 Broadway, Borough of Manhattan, occupied by various City Departments, for the year ending May 1, 1905, and amounting to one hundred and twenty-six thousand eight hundred and ninety dollars ($126,890), the rental to be payable quarterly:

The whole of the first floor, with the exception of room 32; rooms in the basement designated as JJ, TT, II, XX, OO and PP; rooms on the ground floor designated as O and P, and fronting on Chambers street; rooms on the second floor, Nos. 51, 52, 54, 55, 63, 65, 67, 81, 83, 84, 85, 86, 87, 88, 89, 90 and 91; rooms on the third floor, Nos. 139, 141 and 142; rooms on the fourth floor, Nos. 157, 159, 173, 175, 177, 179, 181, 183, 185, 186, 187 and 189.

Rooms designated as D, E, F, G, H, I, J, K and R on the ground floor, and room DD in the basement.

Rooms on the third floor Nos. 103, 104, 105, 114, 115, 119 and 121, 123, 127 and 128. Rooms on the fifth floor Nos. 225 and 226.

Resolved, That the Comptroller be and is hereby authorized and directed to pay to Horace Russell and Edward D. Harris, executors, the rental of room No. 82, in the

Stewart Building, No. 280 Broadway, Borough of Manhattan, occupied by the Department of Finance, for the year ending May 1, 1905, at a rental at the rate of five hundred and forty-two dollars per annum, payable quarterly.

Resolved, That the Comptroller be and is hereby authorized and directed to pay to Horace Russell and Edward D. Harris, executors, the rental of Room No. 227, in the Stewart Building, No. 280 Broadway, Borough of Manhattan, occupied by the Attorney for the Collection of Arrears of Personal Taxes, Law Department, for the year ending May 1, 1905, at a rental at the rate of four hundred and fifty dollars ($450) per annum, payable quarterly.

The report was accepted and the resolutions severally unanimously adopted.

The following was received from the Board of Estimate and Apportionment, approving of the acquisition by private purchase of the site on Franklin avenue, Borough of The Bronx, for an armory for the Second Battery, N. G. N. Y., and requesting the Commissioners of the Sinking Fund authorize the Comptroller to issue Corporate Stock to provide for same:

JULY 18, 1904.

Hon. N. TAYLOR PHILLIPS, Secretary, Commissioners of the Sinking Fund:

DEAR SIR-I send you herewith certified copy of a resolution adopted by the Board of Estimate and Apportionment July 15, 1904, authorizing the Comptroller to enter into a contract for the acquisition of property located on Franklin avenue and East One Hundred and Sixty-sixth street, and Boston road, The Bronx, as a site for an armory for the Second Battery.

Yours very truly,

J. W. STEVENSON, Deputy Comptroller.

Resolved, That the Board of Estimate and Apportionment hereby approves of the recommendation of the Board of Armory Commissioners for the acquisition by purchase at private sale of lands and premises located in the Borough of The Bronx, bounded and described as follows:

Beginning at a point at the junction of the easterly side of Franklin avenue with the northerly side of East One Hundred and Sixty-sixth street, running in a northeasterly direction, distance 301.52 feet on the easterly side of Franklin avenue; thence running in a southeasterly direction and parallel with East One Hundred and Sixtyseventh street, along the adjoining property lines, distance 202.63 feet; thence in a southwesterly direction parallel with Boston road, distance 57.5 feet; thence in a southeasterly direction parallel with East One Hundred and Sixty-seventh street, distance 29 feet; thence in a southwesterly direction parallel with Boston road, distance 121.42 feet; thence in a northwesterly direction parallel with East One Hundred and Sixty-seventh street, distance 29 feet; thence in a southwesterly direction parallel with Boston road, distance 120.32 feet; thence in a northwesterly direction along the northerly side of East One Hundred and Sixty-sixth street, distance 202.27 feet, to the point or place of beginning; together with all the right, title and interest of the

owners of said premises of, in and to the streets and roads in front thereof to the centre thereof;

-as a site for an armory for the Second Battery, N. G., S. N. Y., and hereby authorize the Comptroller to enter into contract for the purchase of the above described premises at private sale at a price not exceeding eighty-five thousand dollars ($85,000), said contract to be submitted to the Corporation Counsel for his approval as to form. And be it further

Resolved, That a certified copy of this resolution be transmitted to the Commissioners of the Sinking Fund with a request that the Commissioners of the Sinking Fund authorize the Comptroller to issue Corporate Stock in an amount sufficient to cover the cost of the acquisition of this site, and in addition to its purchase price, the cost of examination of title thereto, in pursuance to the provisions of chapter 212 of the Laws of 1898.

A true copy of resolution adopted by the Board of Estimate and Apportionment July 15, 1904. J. W. STEVENSON, Secretary.

JULY 18, 1904.

Hon. EDWARD M. GROUT, Comptroller:

SIR-The Board of Estimate and Apportionment at a meeting held July 15, 1904, adopted a resolution for the acquisition of property on Franklin avenue and One Hundred and Sixty-sixth street, Borough of The Bronx, for an armory site, at a price not exceeding $85,000. I am informed by a title company that it will cost about $300 for the examination of title and policy of insurance.

As the Commissioners of the Sinking Fund have been requested to authorize the Comptroller to issue Corporate Stock in an amount sufficient to cover the cost of the acquisition and examination of title, I hereby certify that the amount will not exceed $85,300.

Respectfully submitted for approval,

MORTIMER J. BROWN, Appraiser of Real Estate in Charge of Bureau.

In connection therewith the Comptroller offered the following resolution: Resolved, That for the purpose of providing means for the acquisition by purchase, at private sale, of lands located on Franklin avenue, between One Hundred and Sixtysixth and One Hundred and Sixty-seventh streets, in the Borough of The Bronx, as a site for an armory for the Second Battery, N. G., N. Y., and as more particularly described in resolution adopted by the Board of Estimate and Apportionment, at meeting held July 15, 1904, authorizing the acquisition of said site, the Comptroller be and is hereby authorized and directed, pursuant to the provisions of chapter 212 of the Laws of 1898, to issue Corporate Stock of The City of New York in the manner provided by section 169 of the amended Greater New York Charter, to an amount not exceeding eighty-five thousand three hundred dollars ($85,300), the proceeds whereof to be used for the acquisition of said site and the payment of the cost of examination of the title thereto.

Which resolution was unanimously adopted.

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