Abstracts of farm titles in the City of New York, between 39th and 75th streets, east of the Common Lands, with maps, Part 5

Author: Tuttle, Henry Croswell, 1847-1882, comp
Publication date: 1877
Publisher: New York, Spectator Co., printers
Number of Pages: 518


USA > New York > New York City > Abstracts of farm titles in the City of New York, between 39th and 75th streets, east of the Common Lands, with maps > Part 5


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Habendum in the following proportions, one-half to Russel Stebbins, and one-quarter to each of the other grantees.


DEED.


SAMUEL L. WALDO and DE- LIVERANCE, his wife, WILLIAM JEWETT and MARY, his wife, to


RUSSEL STEBBINS.


Dated 15th July, 1852. Ack. 15th July, 1852. Rec. 15th July, 1852. 606 Conveyances, 575. Consideration, $21,800.


CONVEYS all the equal one undivided half part of all that cer- tain piece, or parcel of land, situate in the Nineteenth Ward of the City of New York, described as follows, to-wit : Commenc- ing at a point in the Southerly line of Forty-Fourth Street, dis- tant three hundred and twenty-five feet Easterly from the point formed by the intersection of the Easterly line of the Second Avenue with the Southerly line of Forty-Fourth Street ; running thence Easterly along the Southerly line of Forty-Fourth Street till it intersects the line of the Westerly shore of the East River ; thence Southerly along, and following, the line of said shore to the Northerly line of Forty-Second Street ; thence Westerly


70


THE TURTLE BAY FARM.


along the Northerly line of Forty-Second Street to a point therein distant eight hundred and fifty feet Easterly from the point formed by the intersection of the Easterly line of the Second Avenue with the Northerly line of Forty-Second Street ; thence Northerly and parallel with Second Avenue one hundred feet and five inches; thence Westerly and parallel with Forty- Second Street one hundred and fifty feet ; thence Northerly and parallel with Second Avenue one hundred and sixty feet and five inches till it intersects the Southerly line of Forty-Third Street ; thence Westerly along the Southerly line of Forty-Third Street three hundred and fifty feet to a point therein three hun- dred and fifty feet Easterly from the Easterly line of the Second Avenue ; thence Northerly and parallel with Second Avenue one hundred feet and five inches ; thence Westerly and parallel with Forty-Third Street twenty-five feet ; and then Northerly and parallel with Second Avenue one hundred feet and five inches to the place of beginning. Saving and reserving from out of the said above-described premises so much thereof as is included in and lies within the limits of Forty-Third Street, run- ning through said premises, and duly opened as and for a public street or highway.


And also, the equal undivided half part of the premises de- scribed in the preceding water grant, by the same description.


Subject to mortgage recorded in Liber 396 Mortgages, page 453, which was discharged on 16th July, 1852.


DEED.


RUSSEL STEBBINS to JOHN T. ALLEN and THOMAS MORTON.


Dated 16th July, 1852. Ack. 16th July, 1852. Rec. 16th July, 1852. 608 Conveyances, 541. Consideration, $55,000.


CONVEYS all of same premises described in the previous deed by same description.


Notes on the Turtle Bay Farm. Subdivision Two.


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SUB-DIVISION NUMBER THREE OF TURTLE BAY FARM.


This parcel of land, as above stated, was set apart to Cornelia Taylor, wife of Charles W. Taylor. The following is the deed of partition conveying the same to her :


JOHN STILL WINTHROP and HARRIET, his wife, FRANCIS B. WINTHROP and ELIZABETH, his wife, WILLIAM H. WIN- THROP and MARGARET ANN, his wife, JOHN M. ASPINWALL and CHARLOTTE ANN, his wife, THOMAS CHARLES WIN- THROP and MARY JANE WIN- THROP to CORNELIA TAYLOR, wife of CHARLES W. TAYLOR.


DEED.


Dated 31st July, 1820. Ack. 5th Aug., 1820. Rec. 7th Aug., 1820. 147 Conveyances, 10. Consideration,$3,857.15


CONVEYS all the six undivided seventh parts of the said farm, distinguished in the said map and field book by the sub-division or


72


THE TURTLE BAY FARM.


farm number three of the said Turtle Bay Farm, butted, bounded, and described as follows : Beginning at a brown monumental stone marked II (eleven), placed at the intersection of the Southerly side of the Eastern post-road, so called, by the Northerly side of Forty-Sixth Street, and running thence Southeasterly along the Northerly side of said street, which is also the Southwesterly bounds of sub-division number five of Turtle Bay Farm aforesaid, eight hundred and sixty-nine feet and seven-tenths of a foot to a brown monumental stone marked 12 (twelve), placed three hundred and twenty-five feet Easterly of Second and Westerly of First Avenues ; thence Southwesterly seven hundred and twenty-six feet, and sixty-six hundredths of a foot, on a line at right angles to the last described line along the Northwest bounds of sub-divisions number five, four, and two of Turtle Bay Farm aforesaid to the West corner of said sub-division number two, where is placed a brown monumental stone marked 4 (four) in the Northeast bounds of sub-division number one of Turtle Bay Farm aforesaid ; thence Northwest- erly along the said bounds eleven hundred and thirteen feet on a line making an angle with the last described line on the North side thereof of sixty-one degrees, thirty-two minutes and forty-three seconds, of a degree to the Eastern post-road afore- said, where is placed a brown monumental stone marked 3 (three), and thence along the same, Easterly, two hundred and twenty-five feet and thirty-six hundredths of a foot to the place of beginning, containing ten acres and one-tenth of an acre.


Also the right to the use in common of a lane thirty-two feet wide, laid out in and along the Northeast bounds of sub-division number one of Turtle Bay Farm aforesaid, and extending from the Southerly corner of said sub-division number three, North- westerly along its Westerly bounds to the Eastern Post-Road.


Also, all other the right, estate, and interest of them, the said parties of the first part, in and to the whole of the said hereby described farm.


73


SUB-DIVISION NUMBER THREE.


DEED.


CHARLES W. TAYLOR and CORNELIA, his wife, to JAMES DOBBIN.


Dated Ioth Oct., 1820. Ack. 13th Oct., 1820. Rec. 14th Oct., 1820. I47 Conveyances, 210. Consideration, $3,500.


CONVEYS same premises as partition deed to Mrs. Taylor by same description.


DEED.


JAMES DOBBIN and CHARLOTTE, his wife, to ANN ELIZABETH BAEHR.


Dated 26th Jan., 1826. Ack. 26th Jan., 1826. Rec. 26th Jan., 1826. 200 Conveyances, 103. Consideration, $8,000.


CONVEYS same premises by same description.


Subject to mortgage recorded in Liber 51 Morts., page 170; which was discharged on 9th August, 1833.


DEED.


ANN ELIZABETH BAEHR to SPENCER D. COTTEN.


Dated 19th Oct., 1830. Ack. 19th Oct., 1830. Rec. 20th Oct., 1830. 265 Conveyances, 429. Consideration, $9,000.


CONVEYS same premises by same description. Subject to same mortgage.


As appears in the suit of Stuart vs. Kissam hereinafter set forth, the above conveyance, though taken in the name of Spencer D. Cotten, individually, was actually made to him in trust for Mary R. Stuart. On 30th October, 1830, said Cotten executed a declaration of trust to that effect, agreeing to convey the same on payment to him of an advance of $301.95, with in-


74


THE TURTLE BAY FARM.


terest. The said sum having been paid, Mrs. Stuart directed the following conveyance to Daniel W. Kissam, Jr. :


SPENCER D. COTTEN and MARGARET G., his wife, to DANIEL W KISSAM, JR.


DEED.


Dated 29th April, 1833. Ack. 29th April, 1833. Rec. 25th Oct, 1833. 305 Conveyances, IO. Consideration, $24,000.


CONVEYS same premises by same description.


MORTGAGE.


DANIEL W. KISSAM, JR., to


SPENCER D. COTTEN.


TO SECURE $20,000. Dated 29th April, 1833. Ack. 3d May, 1833. Rec. 25th Oct., 1833. 164 Mortgages, 573.


COVERS same premises by same description.


ASSIGNMENT OF MORTGAGE.


SPENCER D. COTTEN to


JOSEPH KISSAM


Dated 3d May, 1833. Ack. 3d May, 1833. Rec. 27th June, 1835. 186 Mortgages, 435. Consideration, $20,000.


Assigns the above mortgage.


Joseph Kissam afterwards gave a declaration of trust to Mrs. Mary R. Stuart, certifying that he held the said mortgage as trustee for her sole and separate use. The said trustee on 16th November, 1835, cancelled said mortgage of record. See Liber 5 Discharges, 638. In 1842 the said Mary R, Stuart com-


75


SUB-DIVISION NUMBER THREE.


menced a suit (see Stuart vs. Kissam, hereinafter set forth) with the object, amongst others, of setting aside said cancellation, as having been done fraudulently, and of restoring the lien of said mortgage. The suit in this particular was unsuccessful. See opinion of general term of Supreme Court, reported in Stuart vs. Kissam, II Barbour, 271.


Last Will and Testament of DANIEL W. KISSAM, JR.


Dated Ist Dec., 1834. Proved 15th April, 1835. 72 Wills, 346.


The testator, after bequeathing various legacies, devises all the remainder of his estate, real and personal, to his three brothers, Joseph, Samuel, and Timothy T. Kissam, and his two sisters, Maria and Elizabeth Helen (now wife of Richard D. Conklin), to be equally divided between them, share and share alike. The said Elizabeth Helen is to hold her share free from the control of her husband.


TIMOTHY T. KISSAM and SARAH his wife, RICHARD M. CONKLIN and ELIZABETH H., his wife, and MARIA KISSAM, to JOSEPH KISSAM and SAMUEL KISSAM.


DEED.


Dated 28th Oct., 1835. Ack. 12th Nov., and on 12th and 16th Dec., 1835. Rec. 16th Dec., 1835. 342 Conveyances, 404. Consideration, $1.00.


RECITES that parties of the second part purchased the above- described premises jointly with their brother Daniel W. Kissam, Jr., on 29th April, 1833 ; but that for convenience the title was taken in the name of Daniel W. Kissam, Jr., alone, and that two undivided third parts thereof were held by him in trust for them.


76


THE TURTLE BAY FARM.


CONVEYS the said undivided two-third parts (so held in trust by the said Daniel W. Kissam, Jr., at the time of his death) of same premises by same description.


SAMUEL KISSAM and ELIZABETH, his wife, TIMOTHY T. KIS- SAM and SARAH B., his wife, RICHARD M. CONKLIN and ELIZABETH H., his wife, and MARIA KISSAM to JOSEPH KISSAM.


DEED.


Dated 3d Dec., 1835. Ack. 3d, 12th and 16th Dec., 1835. Rec. 16th Dec., 1835. 342 Conveyances, 407. Consideration, $35,790.


CONVEYS nine equal undivided fifteenth parts of all that farm, lot, or parcel of ground situate in the Twelfth Ward of the City of New York. Bounded and described (on a map of allotment, number three, of the Turtle Bay Farms, in the Twelfth Ward, of the City of New York, belonging to the Estate of D. W. Kissam, Jr., deceased, dated New York, October Ist, IS35, and made by Edwin Smith, City Surveyor, which map is to be filed in the office of the Register of the City and County of New York at the time of the recording of this Conveyance) as fol- lows, to wit: Beginning at the point of intersection of the Southerly side of the Eastern Post Road, so called, by the North- erly side of Forty-Sixth Street, and running thence Southeast- erly along the Northerly side of said street, which is also the Southwesterly bounds of sub-division number five of Turtle Bay Farm, eight hundred and sixty-nine feet eight inches, to a point on the Northerly side of said street, distant three hundred and twenty-five feet Easterly from the Easterly side of the Second Avenue ; thence Southwesterly on a line at right angles to the last described line along the Northwest bounds of sub-division numbers five, four, and two of Turtle Bay Farms, seven hun-


77


SUB-DIVISION NUMBER THREE.


dred and twenty-six feet eight inches to a point being the West corner of said sub-division number two; thence Northwesterly along the bounds of sub-division number one of Turtle Bay Farms, eleven hundred and thirteen feet to the Eastern Post Road aforesaid ; thence Easterly along said Post Road one hundred and fifty-three feet seven inches to its point of inter- section with the Southerly side of Forty-Sixth Street; thence Easterly along said Post Road sixty-eight feet four inches to the place of beginning. Saving and excepting out of the before described premises lots numbers 78 (seventy-eight), 79 (sev- enty-nine), 80 (eighty), SI (eighty-one), 82 (eighty-two), 83 (eighty-three), 100 (one hundred), 101 (one hundred and one), 102 (one hundred and two), 103 (one hundred and three), 104 (one hundred and four), 105 (one hundred and five), with the one-half of Forty-Fifth and Forty-Sixth Streets directly in front of the said last mentioned lots, which were by deed of like date with these presents conveyed by the parties to this indenture to one Gilbert Leggett, of the City of New York, cartman. And also saving and excepting lots Nos. 84, 85, 86, 87, 96, 97, 98, 99, with the one-half of Forty-Fifth and Forty-Sixth Streets, directly in front of them, which were by deed of like date with these presents conveyed by the parties to this indenture to Varnum P. Shattuck, of the City of New York, merchant, and John Ackland, of the same place, grocer. Also, the right to use, in common with the proprietors of other parts of the said Tur- tle Bay Farm who are entitled thereto, and their assigns, a way or passage over a lane thirty-two feet wide, laid out in and along the Northeast boundary of sub-division number one of Turtle Bay Farm aforesaid, and extending from the Southerly corner of said sub-division number three Northwesterly along its Westerly bounds to the Eastern Post Road, until the public streets and avenues or some of them shall be opened and worked so as to accommodate the hereby granted premises, when the use hereby granted of said lane is to cease.


80


THE TURTLE BAY FARM.


CONVEYS same premises by same description. Subject to above mortgage.


JOSEPH KISSAM to WILLIAM STEWART.


DEED.


Dated Ioth Oct., 1842. Ack. 10th Oct., 1842. Rec. IIth Oct., 1842. 428 Conveyances, 603. Consideration, $10.00.


CONVEYS same premises by same description. Subject to above mortgage.


IN CHANCERY.


Before Vice-Chancellor.


ROBERT STUART and MARY R. STUART


vs.


JOSEPH KISSAM, SAMUEL KIS- SAM, TIMOTHY T. KISSAM, WILLIAM ONDERDONK, SAM- UEL KISSAM, Cartman, ANNA E. COOKE, Executrix of ED- WARD P. COOKE, Deceased, JAMES C. PAUL, RICHARD M. CONKLIN and ELIZABETH HELEN CONKLIN, his wife, MARIA KISSAM, CHARLES STURGES and MARGARET STURGES, his wife, JOHN KIS- SAM, SARAH I. KISSAM, ED- WARD KISSAM and WILLIAM STEWART.


81


SUB-DIVISION NUMBER THREE.


1842-Dec. 15. Bill filed to restore lien of mortgage from Kissam to Cotten (164 Morts., 573), and to foreclose mortgage recorded in 195 Morts., 168.


All defendants answered except Wil- liam Stewart, who consented that bill be taken pro confesso against him.


1848-March 13. Decree entered adjudging the bond and mort- gage of Daniel W. Kissam, Jr., still sub- sisting obligations, directing a sale of the 42 lots covered by 195 Morts., 168, and containing equitable provisions in case of a deficiency, for collecting the same from the rest of the premises covered by Cotten mortgage, and from the estate of Daniel W. Kissam, Jr.


1848-Dec. 6. Sheriff's report of sale of the 42 lots filed. 1853-April 14. Reversal by the General Term of so much of the decree as is based upon the restora- tion of the lien of the Cotten mortgage, at the same time sustaining the title under the sale of the 42 lots. See opinion re- ported in 11 Barbour, 271.


Notes on the Turtle Bay Farm. - Subdivision Three.


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SUB-DIVISION NUMBER FOUR OF TURTLE BAY FARM.


This parcel of land, as hereinbefore stated, was set apart to Charlotte Ann Aspinwall, wife of John M. Aspinwall. The following is the deed of partition conveying the same to her :


JOHN STILL WINTHROP and HARRIET, his wife, FRANCIS B.WINTHROP, and ELIZABETH, his wife, CHARLES W. TAYLOR and CORNELIA, his wife, WIL- LIAM H. WINTHROP and MAR- GARET ANN, his wife, THOMAS CHARLES WINTHROP and MARY JANE WINTHROP to CHARLOTTE ANN ASPINWALL, wife of JOHN M. ASPINWALL.


DEED.


Dated 31st July, 1820. Ack. 5th Aug., 1820. Rec. 7th Aug., 1820. 147 Conveyances, 14. Consideration, $4,714.29


CONVEYS all the six undivided seventh parts of the said farm distinguished in the said map and field book by the sub-division or farm number four of the said Turtle Bay farm, butted, pounded, and described as follows: Beginning at the shore of he East River, where the same is intersected by the North side of Forty-Fourth Street, and running thence Northwesterly along


84


THE TURTLE BAY FARM.


the same, which is also the Northeast bounds of sub-division number two of Turtle Bay Farm aforesaid, to a brown monu- mental stone marked 10 (ten), placed three hundred and twenty-five feet East of Second and West of First Avenue which is also in the Southeasterly bounds of sub-division num. ber three of Turtle Bay Farm aforesaid ; thence Northeasterly along the said bounds, at right angles to the last described line. two hundred and sixty feet and eight tenths of a foot, to an iron bolt, number 13 (thirteen), in a rock placed in the North side of Forty-Fifth Street ; thence Southeasterly along the same, which is also the Southwest bounds of sub-division number 5 (five), of Turtle Bay Farm aforesaid, four hundred and twenty- five feet to the East side of First Avenue, where is placed a brown monumental stone marked 14 (fourteen) ; thence North- easterly two hundred and six feet and fifty-two hundredths of a foot, on a line making an angle with the last described line on the North side thereof, of one hundred and three degrees and thirty-one minutes of a degree, to a brown monumental stone marked 15 (fifteen), placed in the South side of Forty-Sixth Street ; thence along the same, Southeasterly, one hundred and seven feet and thirty-five hundredths of a foot to a bolt in a rock ; thence, continuing along the same to the shore of Tur- tle Bay, on the East River ; and thence along the same, and the shore of the East River, Southeasterly and Southwesterly to the place of beginning. Containing six acres and nineteen hundredths of an acre.


Also the right in common to the use of a lane twenty-five feet wide, laid out in the sub-division number five of Turtle Bay Farm, aforesaid, and extending from the said sub-division num- ber four to the Eastern Post Road, as follows: The Westerly side of said lane begins at the monumental stone aforesaid, marked 15 (fifteen), placed in the South side of Forty-Sixth Street, and runs thence Northeasterly two hundred and thirty- three feet and seventy-three hundredths of a foot, on a line


85


SUB-DIVISION NUMBER FOUR.


making an angle with the said Forty-sixth street, on the North- erly side thereof, of eighty-six degrees and fifty-six minutes of a degree, to a brown monumental stone marked 17 (seventeen) ; thence Northeasterly thirty-five feet and forty-five hundredths of a foot on a line making an angle with the last described line on the Westerly side thereof one hundred and fifty-six degrees and one minute of a degree to a brown monumental stone marked 18 (eighteen), which is twenty-five feet at right angles South- erly from the Northeasterly bounds of sub-division number five aforesaid, and thence Northwesterly, parallel to the said bounds, and on a line making an angle with the last described line on the Westerly side thereof of one hundred and twenty-two degrees and thirty-three minutes of a degree, twelve hundred and thirty-four feet to the Eastern Post Road, so called. Said right of way to continue until Forty-Fifth Street be fully opened and worked from said farm number four to the Third Avenue, and thereafter to cease and be discontinued.


And also all other the right, estate, and interest of them, the said parties of the first part, in and to the whole of the said hereby described farm.


DEED OF TRUST.


JOHN MYER ASPINWALL to JOHN VAN BEUREN.


Dated 10th June, 1823. Ack. 19th Feb., 1825. Rec. 19th Feb., 1825. 185 Conveyances, 170. Consideration, $1.00.


RECITES will of Francis B. Winthrop, and the above deed of partition to Mrs. Aspinwall.


CONVEYS all his interest in all the real estate of his wife Charlotte Ann Aspinwall, whether vested in her by devise from her said father, or otherwise.


In trust to receive rents, etc., and apply them to the use of Charlotte Ann Aspinwall, with authority to her, by any separate


86


THE TURTLE BAY FARM.


writing under her hand, to direct the management of said trus estate.


JOHN MYER ASPINWALL and CHARLOTTE ANN, his wife, of Ist part, JOHN VAN BEUREN, Trustee of CHARLOTTE ANN ASPINWALL to


ANN ELIZABETH BAEHR.


DEED.


Dated 15th Feb., 1825. Ack. 19th Feb., 1825. Rec. 19th Feb., 1825. 185 Conveyances, 174. Consideration, $7,500.


CONVEYS same premises as partition deed to Mrs. Aspinwall by same description.


See same Liber page 172, for deed of trust relative to pro- ceeds of this sale.


ANN ELIZABETH BAEHR to DANIEL B. TALLMADGE.


DEED.


Dated 30th May, 1832. Ack. 13th Oct., 1832. Rec. 17th Oct., 1832. 289 Conveyances, 230. Consideration, $12,000.


CONVEYS same premises by same description.


Subject to mortgage recorded in Liber 140, Mortgages, page 302, discharged on 26th February, 1835.


DANIEL B. TALLMADGE and MARY J., his wife, to


THOMAS JEREMIAH, Clerk of the City and County of New York, and Clerk of the Court of Com- mon Pleas for the City and County of New York.


MORTGAGE.


TO SECURE $14,368.06. Dated 27th Jan., 1835. Ack. 29th Jan., 1835. Rec. 29th Jan., 1835. 179 Mortgages, 128.


87


SUB-DIVISION NUMBER FOUR.


COVERS same premises by same description.


MORTGAGE.


SAME to SAME.


TO SECURE $1,496.55. Dated 22d Dec., 1835. Ack. 22d Dec., 1835. Rec. 22d Dec., 1835. 195 Mortgages, 117.


COVERS same premises by same description.


MORTGAGE.


SAME to SAME.


TO SECURE $1,456.95. Dated Ist Feb., 1836. Ack. Ist Feb., 1836. Rec. 2d Feb., 1836. 195 Mortgages, 231.


COVERS same premises by same description.


THOMAS JEREMIAH, Clerk of the City and County of New York, and Clerk of the Court of Com- mon Pleas for the City and County of New York,


to


DANIEL B. TALLMADGE.


RELEASE OF MORT- GAGE.


Dated 19th April, 1836.


Ack. 6th June, 1836.


Rec. 23d June, 1836. 357 Conveyances, 423. Consideration, $1.00.


Releases from the lien of the three mortgages last above set forth " all that certain part and portions of the lands and premises embraced and contained in the aforesaid three several indentures of mortgages which is situate Northerly of the centre of Forty-fifth street, being all that part of the mortgaged


88


THE TURTLE BAY FARM.


premises lying between Forty-Fifth and Forty-Sixth Streets, and between the First Avenue and the East River."


The title here diverges ; the portions of said lot four lying North and South of Forty-Fifth Street having been conveyed separately.


SUB-DIVISION FOUR, SOUTH OF FORTY-FIFTH STREET.


DEED.


DANIEL B. TALLMADGE and MARY J., his wife, to WILLIAM WAGSTAFF.


Dated 20th April, 1836. Ack. 16th June, 1836. Rec. 8th Aug., 1836. 364 Conveyances, 262. Consideration, $52,000.


CONVEYS all that certain piece or parcel of land situate in the Twelfth Ward of the City of New York, on the East River at Turtle Bay, being a part of the piece of land known by the name of Turtle Bay Farm, and being also a part of number four of the sub-division of said farm, and is bounded as follows : Beginning at the shore of the East River, where the same is intersected by the North side of Forty Fourth Street, and run- ning thence Northwesterly along the Northerly side of Forty- fourth Street to a brown monumental stone marked ten (10), placed three hundred and twenty-five feet East of Second and West of First Avenues ; thence Northerly, on a line parallel with said First and Second Avenues two hundred and sixty feet and eight tenths of a foot to the Northerly side of Forty-Fifth Street ; thence Southeasterly along the Northerly side of Forty- Fifth street to the centre of the First Avenue ; thence Southerly along the centre of the said avenue to the centre of Forty-fifth street ; thence Southeasterly along the centre of Forty-Fifth Street to the East River ; thence southwesterly along the shore


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SUB-DIVISION NUMBER FOUR, SOUTH FORTY-FIFTH ST. 89


of said River to the place of beginning. The said piece of land hereby conveyed being all of sub-division number four of Turtle Bay Farm, excepting so much thereof as lies Northerly of the centre of Forty-Fifth Street, and Easterly of the centre of First Avenue, in common to the use of a certain lane leading to said premises, as the same is reserved in the sub-division of said Turtle Bay Farm. -




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