Executive Order 2953

By virtue of the authority vested in me by "An Act to define, regulate and punish trading with the enemy, and for other purposes," approved October 6, 1917, known as the "Trading with the enemy Act," and the amendment to such Act embodied in "An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June 30, 1918, and prior fiscal years, on account of war expenses, and for other purposes," approved March 28, 1918, I hereby, in the public interest, make the following determination, order, rule and regulation:

The Alien Property Custodian is hereby authorized to sell at private sale, without public or other advertisement, certain real estate now being held and administered by him as such Custodian, and heretofore, upon requirement by him, conveyed, transferred, assigned, and delivered to him as the property of Lilly Busch, whom he did after investigation determine to be an enemy, within the purview of the said Act as amended, described as follows, to wit:


 * Beginning at a point in the westerly line of Northern Avenue as the same is now legally established distant One Hundred and Seventy-eight (178) feet and twenty-four one-hundredths (.24) of a foot northwardly from the corner formed by the intersection of said westerly line of Northern Avenue with the northerly line of West 181st Street; running thence westerly in a straight line which on its southerly side makes an angle of 87 degrees 54 minutes and 52 seconds with said westerly line of Northern Avenue, One Hundred and Ninety-six (196) feet and fifty-three one-hundredths (.53), of a foot; thence in a straight line still running westwardly but bearing to the north and making an angle on its northerly side with said last mentioned straight line of 151 degrees 3 minutes and 30 seconds, One Hundred Sixty-one (161) feet and sixty-seven one-hundredths (.67) of a foot to the easterly line of Riverside Drive at a point therein distant Two Hundred and Three (203) feet and ninety one-hundredths (.90) of a foot northwardly measured along the easterly line of said Drive from the corner formed by the intersection of the said easterly line of Riverside Drive with the northerly line of W. 181st Street aforesaid; thence northwardly along the easterly line of Riverside Drive on a curve to the left having a radius of Three Hundred and Seventy-five (375) feet, Thirty-nine (39) feet and six hundred fifty-eight one-thousandths (.658) of a foot to a point of tangency in said easterly line of said Drive; thence still northwardly along the easterly line of said Drive on a line tangent to said curve of Three Hundred Seventy-five (375) feet radius, one Hundred Forty-seven (147) feet and two hundred thirty-eight one-thousandths (.238) of a foot to a point of curve in said easterly line of said Drive; thence still northwardly along the said easterly line of said Drive on a curve to the right having a radius of Three Hundred Ten (310) feet, Eighty-two (82) feet and Eight Hundred twenty-four one-thousandths (.824) of a foot to a point of tangency in said easterly line of said Drive; thence still northwardly along said easterly line of said Drive on a line tangent to said curve of Three Hundred Ten (310) feet, radius Sixteen (16) feet and three hundred and two one-thousandths (.302) of a foot to a point in said easterly line of said Drive, said point being the intersection of the easterly line of said Riverside Drive with the northerly "record" line of the property described herein; thence easterwardly in a straight line which on its southerly side makes an angle of Eighty-seven (87) degrees thirty-seven (37) minutes and twenty-seven and six-tenths (27.6) seconds with said easterly line of Riverside Drive, Five (5) feet and three hundred twelve one-thousandths (.312) of a foot to an angle point in the aforesaid record line; thence in a straight line still running eastwardly but bearing to the north and making an angle on its southerly side with said last mentioned straight line of one hundred eighty-six (186) degrees thirty-eight (38) minutes and sixteen (16) seconds, Two Hundred Ninety-two (292) feet and seventy-three one-hundredths (.73) of a foot to a point in the westerly line of Northern Avenue as the same is now legally established; said point being distant Four Hundred Twenty-one (421) feet and seven one-hundredths (.07) of a foot northwardly from the corner formed by the intersection of said westerly line of Northern Avenue with the northerly line of West 181st Street; running thence southwardly along the west line of said Northern Avenue Two Hundred Forty-two (242) feet and eighty-three one-hundredths (.83) of a foot to the point or place of beginning, (references hereinbefore made to Riverside Drive and 181st Street are intended to designate the same as existing on and before March 14, 1910); excepting therefrom Twenty-two Hundred and Four and three-tenths (2204.3) feet, more or less, the area of square feet taken by the City of New York in a condemnation proceeding, as more particularly described on the Damage Map approved by the Board of Estimate and Apportionment on or about July 2, 1914, and approved by the Commissioners of Assessment on or about April 13, 1915; together with (but without warranty with respect thereto) all strips or gores of land, if any, owned by party of the first part adjacent to said premises.


 * Subject to all and singular the covenants and restrictions contained in deeds recorded in Liber 370 of Conveyances at page 40, Liber 411 of Conveyances at page 332, Liber 369 of Conveyances at page 252, and Liber 531 of Conveyances at page 264, and variations between the fences and retaining walls and the record lines on south. (A» shown on survey made by Earl B. Lovell, dated August 9, 1909.)


 * And including in the premises hereby conveyed all right, title and interest of party of the first part in and to any land lying in the bed of any street, road or avenue opened or proposed in front of or adjoining said premises, and except as to the award for the excepted premises hereinabove referred to taken by the city in said condemnation proceedings, all of the right, title and interest of party of the first part in and to any award for damage to said premises by reason of change of grade of any street.

Situated in the City of New York and State of New York.

My reasons for the foregoing determination, order, rule, and regulation, are:


 * (a) The said Lilly Busch has filed with said Alien Property Custodian her petition pursuant to the provisions of section 9 of said "Trading with the enemy Act," asking that said property be returned to her, and because of the pendency of said petition said property can not be sold at public sale;
 * (b) An offer for the purchase of said real estate has been made heretofore, and is now pending, but said offer, if accepted, must be accepted at once;
 * (c) Said proposed sale is an advantageous one, and said Lilly Busch has consented in writing that said sale be made, and it is for the best interest of the United States, and of all persons who are or may be interested in said property, that the same be sold at once.

, September 12, 1918.