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XCIII.

DEED BY THE HARLEM CLUB OF THE PREMISES NO. 32 WEST 123RD STREET.*

DATED 21 MAY, 1891.

RECORDED IN NEW YORK Register's OFFICE, 4 JUNE, 1891.

LIBER 4 OF CONVEYANCES, PAGE 210, SECTION 6, BLOCK 1721.

This Indenture made the 21st day of May, 1891, Between THE HARLEM CLUB OF NEW YORK CITY, a Corporation duly organized and incorporated under the Laws of the State of New York, April 27th, 1866, party of the first part, and the HARLEM LIBRARY, a corporation also duly organized and incorporated under the laws of the said State of New York, party of the second part, in manner following:

Witnesseth, that the said party of the first part, in consideration of Fifteen Thousand Dollars, lawful money of the United States, paid by the party of the second part, doth hereby grant and release unto the said party of the second part, its successors and assigns forever:

All that certain lot, piece or parcel of land situate, lying and being in the City of New York, County and State of New York, and being bounded and described as follows:

Beginning at a point in the Southerly line of 123rd Street, distant along said line Forty (40) feet Easterly from the point formed by the intersection of the Easterly line of Lenox Avenue

*The new' library building was erected on this property and opened to the public 15 August, 1892.

with the said Southerly line of 123rd Street, and running thence Southerly and parallel to said Easterly line of Lenox Avenue and part of the distance through a party wall slightly encroaching on said lot Ninety (90) feet four (4) inches; thence Easterly, and parallel to said Southerly line of 123rd Street Thirty four (34) feet; thence Northerly, and parallel to said Easterly line of Lenox Avenue and part of the distance through a wall slightly encroaching on said Lot ninety (90) feet four (4) inches to said Southerly line of 123rd Street; thence Westerly, and along said Southerly line of 123rd Street Thirty four (34) feet to the point the place of beginning, be said several distances or dimensions more or less;

Together with the right to use as a party wall, without damage however to the building of which it now forms part, and for the purpose only of inserting the ends of the floor and roof timbers used in the construction of the building to be erected as hereinafter provided for on the premises hereinafter described, the Easterly half of the wall belonging to the party of the first part hereto and immediately adjoining on the west the said above described premises, with the privilege also to said party of the second part hereto to extend said wall across the gap therein the necessary height for the first story of the building to be erected by said party of the second part hereto as hereinafter provided;

Subject however to the covenants and restrictions contained in a certain Deed from R. Clarence Dorsett to the party of the first part hereto dated June 29th 1888 and recorded January 2nd 1890 in the Office of the Register of the City and County of New York in Liber 2281 of Conveyances at page 45, as modified by a certain Agreement between Joseph Thompson and the party of the first part hereto, dated April 18th 1891, and recorded in said Register's Office in Block Series Liber 1, section 6 of Conveyances, page 448, April 22d 1891;

Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises;

To have and to hold, the above granted premises unto the said party of the second part, its successors, and assigns forever;

Subject however to a certain Indenture of Mortgage made by the said party of the first part hereto to the Executors, etc. of George W. Jewett, deceased, to secure Ten Thousand ($10.000) [dollars] and interest, dated April 3rd, 1890, and recorded in the Office of Register of the City and County of New York, in Liber 2545 of Mortgages at page 179, April 3rd, 1890, on which there remains unpaid the sum of Ten Thousand Dollars ($10.000) and interest at the rate of Four and one half per cent per annum, from April 3rd 1891, and which said Mortgage said party of the second part hereto hereby assumes and agrees to pay, the amount thereof forming part of and having been deducted from the consideration herein before expressed;

And the said party of the first part doth covenant with the said party of the second part as follows;

That the party of the first part is seized of the said premises in fee simple and hath good right to convey the same;

Second, That the party of the second part shall quietly enjoy the said premises;

Third, That the premises are free from encumbrances except as aforesaid;

Fourth, That the party of the first part will execute any necessary assurance of the title to said premises;

Fifth, That the party of the first part will forever warrant the title to said premises;

And the said party of the second part further covenants and agrees with the said party of the first part that within six months from the date of the delivery of this Deed it will commence the erection on said premises of a building suitable for the purpose of the Harlem Library and bachelor apartments, and thereafter complete the same without unreasonable delay. Such limitation as to building and use thereof shall be of binding force and effect upon the said the Harlem Library or its assigns for such period only as the restriction and limitation specified in the agreement herein before referred to between the said The Harlem Club of New York City and Joseph Thompson shall be of binding force and effect upon the said The Harlem Club of New York City,

namely for a period not exceeding five years from the date of said deed.

The height of the first story of said building including coping wall shall not exceed the height of the sill of the second story large window in the Westerly wall of the wellhole of the Club House adjoining on the West the premises hereinbefore described, and said building to the extent of said first story can be extended to the rear of said lot above said first story. Said building shall not extend South further than to the opening in the Club House wall, and the light, air and view now obtained from said opening shall never in any wise be obstructed further than is hereinbefore provided for.

The covenants and restrictions aforesaid shall be covenants and restrictions running with the land and shall operate against and bind the premises above described whether in the ownership of the said party of the second part or its successors, legal representatives or assigns,

In Witness Whereof, the said parties hereto have caused these presents to be signed by their respective Presidents and attested by their respective Secretaries and their respective Corporate Seals affixed thereto the day and year first above written.

THE HARLEM CLUB OF NEW YORK CITY,
R. CLARENCE DORSETT,

(CORPORATE SEAL.)

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XCIV.

DEED OF TRANSFER TO THE NEW YORK PUBLIC

LIBRARY.*

DATED 19 NOVEMBER, 1903.

Know all Men by these Presents, that Whereas the Harlem Library is a corporation organized under the laws of the State of New York, maintaining and carrying on a library in the City of New York; and

Whereas, by Chapter 57 of the Laws of 1901 of the State of New York, entitled "An Act to Permit Library Corporations in the City of New York to convey their property to The New York Public Library, Astor, Lenox and Tilden Foundations,"** any corporation organized under the laws of the State of New York and maintaining and carrying on a library in the City of New York was authorized and empowered to grant, convey, assign and transfer all real and personal property of which it

*The Regents of the University of the State of New York approved of the transfer on January 6th, 1904, and accepted the surrender of the Charter of the Harlem Library on April 26th, 1904.

The Trustees of the Harlem Library at the time of the transfer were:

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The library was conducted in the library building No. 32 West 123rd Street.

** See supra, page 227.

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