§ 22-124 Covenants to maintain marginal streets; water front covenants generally; release of.
AC § 22-124
a. The owner of any lands in the city of New York formerly under water but now filled in and having streets physically laid out thereover or adjacent thereto, heretofore granted by the mayor, aldermen and commonalty of the city of New York, or by the city of New York, by a grant containing covenants or conditions requiring the maintenance of such streets, and otherwise, may file with the secretary of the board of estimate an application in writing for a release from such covenants and conditions setting forth a description of such lands, the ownership thereof, the number of feet fronting on the street and the width of such street together with a statement enumerating all of such covenants and conditions relating to such lands. Such application shall contain a statement that all covenants and conditions contained in such grant have been complied with except the covenant or condition for future maintenance of such street. Such secretary, upon payment by the applicant of a fee of fifty dollars to cover the expenses incident to investigating the truth of the statements contained in such application, shall make due inquiry and, if such statements are in fact true, shall present to such board a report and certificate as to the authenticity of the facts set forth in such application. Such board may thereafter adopt a resolution approving of the report of such secretary. If such report is approved by such board, such owner may obtain from the comptroller a release of all covenants and conditions contained in such grant insofar as such covenants and conditions affect the lands of the applicant, upon payment to the commissioner of finance of a sum equal to twenty dollars per front foot of such property based on a street sixty feet in width, or of a proportional sum based on streets having a greater or less width, and upon receipt of such sum, such comptroller for and on behalf of the city, shall issue to such owner a certificate evidencing such release, the same to be in form for recording. Such certificate shall be approved as to form by the corporation counsel and may be recorded in the same manner and in the same recording office as a deed of real property. After such release, with respect to any parcel, such city shall keep in repair or cause to be kept in repair the roadway portion of such street on which the parcel abuts. b. In the event that any such covenants or conditions, other than those requiring the maintenance of streets, have not been performed in whole or in part, a special application for a release from such covenants or conditions, on a form to be prescribed by the board of estimate, may be made by such owner to such board. Such application shall set forth a description of such land by metes and bounds, or by street and number, the dimensions of such land, a statement enumerating all the covenants and conditions relating to such land, or, in lieu thereof, a copy of the grant of such land, or other instrument, containing all such covenants and conditions and a statement of the particular covenants or conditions, specifying them, for the release from which the application is made, and such other information as such board may deem necessary or appropriate. Such board, upon payment of a fee of fifty dollars, shall cause an investigation to be made concerning the statement contained in such application. If satisfied from such investigation that the interests of the city will not be prejudiced thereby, such board, by resolution may authorize the comptroller to issue to such owner a release from such covenants and conditions for a sum of money to be agreed upon by and between such board and such owner. Upon receipt of such sum, such comptroller shall, for and on behalf of the city, issue to such owner a certificate evidencing such release. Such certificate shall be approved as to form by the corporation counsel and may be recorded in the office of the commissioner of transportation and in the same manner and in the same recording office as a deed of real property.
