S T A T E   O F   N E W   Y O R K
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                                  6599

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2011
                               ___________

Introduced  by  M.  of A. BROOK-KRASNY -- Multi-Sponsored by -- M. of A.
  BRENNAN, P. RIVERA -- read once  and  referred  to  the  Committee  on
  Cities

AN ACT to authorize the city of New York to discontinue the use as park-
  land  of  parcels  of  real  property  in  the  borough of Brooklyn in
  exchange for the dedication of certain other lands in the  borough  of
  Brooklyn  for park purposes in furtherance of a comprehensive develop-
  ment plan for Coney Island

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subject to the provisions of this act, the city of New York
is  hereby  authorized  to  discontinue  the  use  as  parkland the land
described in section three of this act and to transfer such land and any
improvements thereon to the New York city  economic  development  corpo-
ration  for  sale or other disposition in furtherance of a comprehensive
development plan for Coney Island, Brooklyn. The transfer of  discontin-
ued  parkland  pursuant to this section shall be subject to the require-
ment that the improvement on such discontinued  parkland  known  as  the
"Abe  Stark Rink" shall not be demolished prior to the construction of a
replacement rink (unless such replacement rink  is  constructed  on  the
same  site),  with  the goal of continuing normal ice skating activities
until the replacement rink is complete and that  such  replacement  rink
shall  be  constructed  within  the Coney Island area, including but not
limited to on property under the jurisdiction of the department of parks
and recreation of such city designated as #B280 and located on the Shore
Parkway Service Road between 25th Avenue and Beach 41st Street.
  S 2. a. The authorization provided in section one of this act shall be
effective only upon the condition that the city acquires  and  dedicates
as parkland the land described in section four of this act. In the event
that  such  land  acquired  and dedicated as parkland is not equal to or
greater than the fair market value of the parklands and any improvements

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05667-01-1
              

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thereon to be discontinued, the city of  New  York  shall  dedicate  the
difference  between  the  fair market value of the discontinued parkland
and the fair market value of the dedicated parkland for the  acquisition
of  additional parkland and/or for capital improvements to existing park
and recreational facilities within the borough of Brooklyn.
  b. Subject to the provisions of this act, the department of parks  and
recreation  of  the  city  of New York is authorized to lease to the New
York city economic development corporation  the  parkland  described  in
section  five  of  this  act  for the operation of an amusement park and
related facilities. Pursuant to the "Agreement for Special  Process  For
New York City Council Review and Approval of Coney Island Amusement Park
Project  Plan," Exhibit A of city council of the city of New York resol-
ution 2163, adopted August 20,  2009,  for  a  period  of  twelve  years
following  the  effective date of this act, the lease of parkland to the
New York city economic development corporation pursuant to this subdivi-
sion shall not be subject to review and approval  pursuant  to  sections
197-c  and  197-d of the New York city charter; provided that such lease
or any amendment thereof, sublease or assignment  of  rights  thereunder
shall  be  consistent  in  all  material respects with the "Coney Island
Amusement Park Project Plan" approved by the city council of the city of
New York as set forth in  subdivision  e  of  this  section.  The  lease
authorization  provided  in  this subdivision shall be effective only on
the condition that the city of New York dedicates an amount equal to  or
greater  than  the fair market value of the lease of the parkland to the
acquisition of additional parkland and/or for  capital  improvements  to
existing  park  and recreational facilities within the borough of Brook-
lyn.
  c. The parkland described in section five of this act may be  acquired
by the city of New York and leased by the department of parks and recre-
ation of such city to the New York city economic development corporation
subject  to  any  existing  lease, use or occupancy of such land that is
consistent with and in furtherance of the operation of an amusement park
and related facilities.
  d. The department of parks and recreation of the city of New York  may
grant  the easements described in the city map amendment approved pursu-
ant to sections 197-c and 197-d of the New York city charter  by  resol-
ution  of  the  city  council of such city at a meeting held on July 29,
2009 for pedestrians and vehicles to travel through the parcels of park-
land described in section six of this act as necessary for  purposes  of
the  operation of a designated landmark known as the "Wonder Wheel", and
may grant an easement in a volume of air space over a parcel of parkland
described in section seven of this act to accommodate the  Wonder  Wheel
to the extent it extends over such parkland. The easement authorizations
provided  in  this  subdivision shall be effective only on the condition
that the city of New York dedicates an amount equal to the  fair  market
value  of  the  easements  to the acquisition of new parkland and/or for
capital improvements to existing parkland within the borough  of  Brook-
lyn.
  e.  In lieu of the approval required pursuant to paragraph 4 of subdi-
vision b of section 384 of the New York city charter and  in  accordance
with  the  terms of the "Agreement for Special Process for New York City
Council Review and Approval  of  Coney  Island  Amusement  Park  Project
Plan,"  as  authorized  by resolution of the city council of the city of
New York, adopted at a meeting held on August 20, 2009, for a period  of
twelve  years  after  the  effective  date of this act, the lease by the
department of parks and recreation of  the  city  of  New  York  of  the

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parcels  of land described in section five of this act, once acquired by
the city and dedicated as parkland, to the New York city economic devel-
opment corporation pursuant to the authority conferred by subdivision  b
of  this  section  shall  be subject exclusively to the requirement that
such lease or any amendment thereof, sublease or  assignment  of  rights
thereunder  shall be consistent in all material respects with the "Coney
Island Amusement Park Project Plan" prepared by the department of  parks
and  recreation of the city of New York and approved by the city council
of the city of New York in the manner set forth in  the  "Agreement  for
Special  Process  for New York City Council Review and Approval of Coney
Island Amusement Park Project Plan" as authorized by resolution  of  the
city  council  of  the  city of New York at a meeting held on August 20,
2009.
  S 3. The lands authorized by this act to be discontinued  as  parkland
are three parcels of parkland in the borough of Brooklyn and the city of
New York as follows:
                                PARCEL A
  A  parcel  of  parkland  generally  bounded  by Surf Avenue, West 22nd
Street, West 21st Street and Ocean Way, in accordance with Borough Pres-
ident Map No. X-2716, more particularly described as follows:
  Starting at a point of beginning located at the  southwesterly  corner
of  Surf  Avenue  and West 21st Street, as those streets were heretofore
laid out in the City Map, thence;
  1) Running 270.48 feet in a southerly  direction  along  the  westerly
line of West 21st Street to a point, thence;
  2)  Running 170.00 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 90 degrees, 00
minutes and 00 seconds, thence;
  3) Running 140.72 feet in southerly direction, said course  forming  a
deflection  angle to the left with the previous course of 90 degrees, 00
minutes and 00 seconds, thence;
  4) Running 86.03 feet in westerly direction,  said  course  forming  a
deflection angle to the right with the previous course of 90 degrees, 29
minutes and 13 seconds, thence;
  5)  Running  354.66 feet in northerly direction, said course forming a
deflection angle to the right with the previous course of 90 degrees, 00
minutes and 00 seconds, thence;
  6) Running 259.10 feet in easterly direction, said  course  forming  a
deflection  angle to the right with the previous course of 77 degrees, 4
minutes and 17 seconds to the point or place of beginning.
  Said parcel containing approximately 1.69 acre more or less.
                                PARCEL B
  A parcel of parkland located in the street-bed of proposed  West  20th
Street generally bounded by Surf Avenue and the public beach, in accord-
ance  with Borough President Map No. X-2716, more particularly described
as follows:
  Starting at a point of beginning located at the  southeasterly  corner
of  Surf  Avenue and the proposed West 20th Street, as those streets are
laid out in the City Map, thence;
  1) Running 466.96 feet in a southerly  direction  along  the  easterly
line of the proposed West 20th Street to a point, thence;
  2)  Running  56.28 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 90 degrees, 00
minutes and 28 seconds, thence;

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  3) Running 455.75 feet in a northerly direction, said course forming a
deflection angle to the right with the previous course of 90 degrees, 39
minutes and 59 seconds, thence;
  4)  Running 52.20 feet in a northeasterly direction, said course form-
ing a deflection angle to the right  with  the  previous  course  of  76
degrees, 52 minutes and 38 seconds to the point or place of beginning.
  Said parcel containing approximately 0.57 acre more or less.
                                PARCEL C
  A  parcel  of  parkland  generally  bounded  by Surf Avenue, West 20th
Street, the easterly line of Parachute Way  and  the  public  beach,  in
accordance  with  Borough  President  Map  No. X-2717, more particularly
described as follows:
  Starting at a point of beginning located at the  southeasterly  corner
of  Surf  Avenue and Parachute Way, as those streets are laid out in the
City Map, thence;
  1) Running 465.03 feet in a southeasterly direction along the easterly
line of Parachute Way to a point, thence;
  2) Running 412.05 feet in a southwesterly direction, said course form-
ing a deflection angle to the right  with  the  previous  course  of  76
degrees, 52 minutes and 38 seconds, thence;
  3)  Running  81.00  feet  in westerly direction, said course forming a
deflection angle to the right with the previous course of 76 degrees, 12
minutes and 16 seconds, thence;
  4) Running 291.49 feet in westerly direction, said  course  forming  a
deflection  angle to the right with the previous course of 7 degrees, 18
minutes and 38 seconds, thence;
  5) Running 310.53 feet in northerly direction, said course  forming  a
deflection angle to the right with the previous course of 76 degrees, 59
minutes and 25 seconds, thence;
  6)  Running  56.28  feet  in easterly direction, said course forming a
deflection angle to the right with the previous course of 89 degrees, 20
minutes and 01 seconds, thence;
  7) Running 466.96 feet in northerly direction, said course  forming  a
deflection  angle to the left with the previous course of 90 degrees, 00
minutes and 00 seconds, thence;
  8) Running 50.47 feet in easterly direction,  said  course  forming  a
deflection angle to the right with the previous course of 77 degrees, 33
minutes and 30 seconds to a point of curvature, thence;
  9) Running along a curve, to the right, with radius of 1940.00 feet, a
central  angle  of  7  degrees, 18 minutes and 28 seconds, a distance of
247.44 feet to the point or place of beginning.
  Said parcel containing approximately 7.04 acres more or less.
  S 4. The land required to be dedicated as parkland pursuant to  subdi-
vision  a  of section two of this act is a parcel of land between Wonder
Wheel Way and the public beach in the borough of Brooklyn  and  city  of
New York more particularly described as follows:
  Starting  at a point of beginning located on the westerly line of West
16th Street, said point lying 581.68 feet south of the southerly line of
Surf Avenue, as those streets are laid out on the City Map, thence;
  1) Running along a curve, to the left, with a radius of 45.00 feet,  a
central  angle  of  165 degrees, 3 minutes and 21 seconds, a distance of
129.63 feet to a point of tangency, thence;
  2) Running 164.99 feet in an easterly direction, said  course  forming
an  angle  of 25 degrees, 8 minutes and 12 seconds between a radial line
to the center of the previous course, thence;

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  3) Running 26.42 feet in a southerly direction, said course forming  a
deflection  angle  to the right with the previous course of 100 degrees,
13 minutes and 49 seconds, thence;
  4)  Running 295.35 feet in an easterly direction, to a point of curva-
ture, said course forming a deflection angle to the left with the previ-
ous course of 100 degrees, 13 minutes and 49 seconds thence;
  5) Running along a curve, to the right, with radius of 300.00 feet,  a
central  angle  of  14 degrees, 15 minutes and 24 seconds, a distance of
74.65 feet to a point of tangency, thence;
  6) Running 346.02 feet in an easterly direction, thence;
  7) Running 62.57 feet in a southerly direction, said course forming  a
deflection angle to the right with the previous course of 94 degrees, 37
minutes and 34 seconds, thence;
  8) Running 185.04 feet in an easterly direction, said course forming a
deflection  angle to the left with the previous course of 89 degrees, 42
minutes and 24 seconds, thence;
  9) Running 105.49 feet in a northerly direction, said course forming a
deflection angle to the left with the previous course of 86  degrees,  2
minutes and 45 seconds, thence;
  10)  Running 140.09 feet in an easterly direction, said course forming
a deflection angle to the right with the previous course of 81  degrees,
7 minutes and 35 seconds, thence;
  11)  Running along a curve, to the right, with a radius of 44.00 feet,
a central angle of 179 degrees, 51 minutes and 15 seconds, a distance of
138.12 feet, to a point of tangency, said course forming an angle  of  8
degrees,  44  minutes and 38 seconds between a radial line to the center
and the previous course, thence;
  12) Running 391.69 feet in a northerly direction, to a point of curva-
ture on the southerly line of Surf Avenue, thence;
  13) Running along the southerly line of Surf Avenue on a curve, to the
right, with radius of 7940.00 feet, a central angle of 19 minutes and  3
seconds,  a  distance  of  44.01 feet, said course forming an angle of 0
degrees, 46 minutes and 2 seconds between the radial line to the  center
and the previous course thence;
  14)  Running  655.57  in a southerly direction, said course forming an
angle of 1 degree 5 minutes and 5 seconds between the radial line to the
curve center and the previous course, thence;
  15) Running 931.43 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 76 degrees, 37
minutes and 12 seconds, thence;
  16) Running 435.77 feet in a westerly direction, said course forming a
deflection angle to the left with the previous course of 50 minutes  and
36 seconds, thence;
  17)  Running 278.88 feet in a northerly direction, said course forming
a deflection angle to the right with the previous course of  91  degrees
16 minutes and 10 seconds to the point or place of beginning.
Said parcel containing approximately 9.24 acres more or less.
  S 5. The parkland authorized to be leased to the New York city econom-
ic  development  corporation pursuant to subdivision b of section two of
this act is a parcel of parkland in between Wonder  Wheel  Way  and  the
public beach in the borough of Brooklyn and city of New York, in accord-
ance  with  Borough President Map No. Y-2715 more particularly described
as follows:
Starting at a point of beginning located on the westerly  line  of  West
16th Street, said point lying 581.68 feet south of the southerly line of
Surf Avenue, as those streets are laid out on the City Map, thence;

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  1)  Running along a curve, to the left, with a radius of 45.00 feet, a
central angle of 165 degrees, 3 minutes and 21 seconds,  a  distance  of
129.63 feet to a point of tangency, thence;
  2)  Running  164.99 feet in an easterly direction, said course forming
an angle of 25 degrees, 8 minutes and 12 seconds between a  radial  line
to the center of the previous course thence;
  3)  Running 26.42 feet in a southerly direction, said course forming a
deflection angle to the right with the previous course of  100  degrees,
13 minutes and 49 seconds thence;
  4)  Running 295.35 feet in an easterly direction, to a point of curva-
ture, said course forming a deflection angle to the left with the previ-
ous course of 100 degrees, 13 minutes and 49 seconds thence;
  5) Running along a curve, to the right, with radius of 300.00 feet,  a
central  angle  of  14 degrees, 15 minutes and 24 seconds, a distance of
74.65 feet to a point of tangency thence;
  6) Running 346.02 feet in an easterly direction, thence;
  7) Running 26.09 feet in a northerly direction, said course forming  a
deflection  angle to the left with the previous course of 85 degrees, 22
minutes and 26 seconds, thence;
  8) Running 100.23 feet in an easterly direction, said course forming a
deflection angle to the right with the previous course of 85 degrees, 22
minutes and 26 seconds, thence;
  9) Running 15.57 feet in a southerly direction, said course forming  a
deflection  angle to the right with the previous course of 98 degrees, 3
minutes and 54 seconds, thence;
  10) Running 25.30 feet in a westerly direction, said course forming  a
deflection angle to the right with the previous course of 90 degrees, 11
minutes and 37 seconds, thence;
  11)  Running 0.68 feet in a southerly direction, said course forming a
deflection angle to the left with the previous course of 93 degrees,  37
minutes and 53 seconds, thence;
  12)  Running 13.83 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 61 degrees, 23
minutes and 46 seconds, thence;
  13) Running 30.84 feet in a southerly direction, said course forming a
deflection angle to the left with the previous course of 80 degrees,  44
minutes and 51 seconds, thence;
  14) Running 27.85 feet in a southerly direction, said course forming a
deflection angle to the right with the previous course of 24 degrees, 59
minutes and 54 seconds, thence;
  15)  Running  7.15 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 88 degrees, 41
minutes and 3 seconds, thence;
  16) Running 11.35 feet in a westerly direction, said course forming  a
deflection  angle to the left with the previous course of 39 degrees, 30
minutes and 19 seconds, thence;
  17) Running 10.83 feet in a westerly direction, said course forming  a
deflection angle to the right with the previous course of 17 degrees, 59
minutes and 37 seconds, thence;
  18)  Running 10.78 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 13 degrees, 49
minutes and 46 seconds, thence;
  19) Running 10.23 feet in a westerly direction, said course forming  a
deflection  angle  to the right with the previous course of 7 degrees, 6
minutes and 45 seconds, thence;

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  20) Running 24.52 feet in a westerly direction, said course forming  a
deflection angle to the right with the previous course of 25 degrees, 46
minutes and 34 seconds, thence;
  21) Running 21.62 feet in a southerly direction, said course forming a
deflection angle to the left with the previous course of 119 degrees, 32
minutes and 19 seconds, thence;
  22)  Running 185.04 feet in an easterly direction, said course forming
a deflection angle to the left with the previous course of  89  degrees,
42 minutes and 24 seconds, thence;
  23) Running 105.49 feet in an northerly direction, said course forming
a deflection angle to the left with the previous course of 86 degrees, 2
minutes and 45 seconds, thence;
  24) Running 140.09 feet in an easterly direction, to a point of curva-
ture,  said  course  forming  a  deflection  angle to the right with the
previous course of 81 degrees, 7 minutes and 35 seconds, thence;
  25) Running along a curve, to the right, with a radius of 44.00  feet,
a central angle of 179 degrees, 51 minutes and 15 seconds, a distance of
138.12  feet,  to a point of tangency, said course forming an angle of 8
degrees, 44 minutes and 38 seconds between a radial line to  the  center
and the previous course, thence;
  26) Running 391.69 feet in a northerly direction, to a point of curva-
ture on the southerly line of Surf Avenue, thence;
  27) Running along the southerly line of Surf Avenue on a curve, to the
right,  with radius of 7940.00 feet, a central angle of 19 minutes and 3
seconds, a distance of 44.01 feet, said course forming  an  angle  of  0
degrees,  46  minutes  and 2 seconds between a radial line to the center
and the previous course thence;
  28) Running 655.57 feet in a southerly direction, said course  forming
an  angle of 1 degree 5 minutes and 5 seconds between the radial line to
the curve center and the previous course, thence;
  29) Running 931.43 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 76 degrees, 37
minutes and 12 seconds, thence;
  30) Running 435.77 feet in a westerly direction, said course forming a
deflection angle to the left with the previous course of 50 minutes  and
36 seconds, thence;
  31)  Running 278.88 feet in a northerly direction, said course forming
a deflection angle to the right with the previous course of  91  degrees
16 minutes and 10 seconds to the point or place of beginning.
Said parcel containing approximately 9.37 acres more or less.
  S  6.  The parkland through which easements may be granted pursuant to
subdivision d of section two of this act is two parcels of  parkland  in
the borough of Brooklyn and city of New York as follows:
                                 PARCEL A
An  east-west easement located to the south and east of the intersection
West 12th Street and Wonder Wheel Way  more  particularly  described  as
follows:
Starting  at a point of beginning located on the former easterly line of
West 12th Street, said point lying 265.11 feet south of the intersection
of the southerly line of Bowery and West 12th Street, as  those  streets
are laid out on the City Map, thence;
  1) Running 61.97 feet in an easterly direction, thence;
  2)  Running  11.35 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of  322  degrees,
36 minutes and 50 seconds, thence;

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  3)  Running  10.83 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 17 degrees, 59
minutes and 37 seconds, thence;
  4)  Running  10.78 feet in a westerly direction, said course forming a
deflection angle to the right with the previous course of 13 degrees, 49
minutes and 46 seconds, thence;
  5) Running 10.23 feet in a westerly direction, said course  forming  a
deflection  angle  to the right with the previous course of 7 degrees, 6
minutes and 45 seconds, thence;
  6) Running 24.52 feet in a westerly direction, said course  forming  a
deflection angle to the right with the previous course of 25 degrees, 46
minutes and 34 seconds to the point or place of beginning.
Said parcel containing approximately 0.01 acre more or less.
                                PARCEL B
A  north-south  easement  located  in the street bed of a portion of the
former West 12th Street near/at the intersection West  12th  Street  and
Wonder Wheel Way more particularly described as follows:
Starting  at  a  point of beginning located on the easterly line of West
12th Street, said point lying 224.17 feet south of the  intersection  of
the  southerly line of Bowery and West 12th Street, as those streets are
laid out on the City Map, thence;
  1) Running 62.57 feet in a southerly direction, thence;
  2) Running 60.00 feet in a westerly direction, said course  forming  a
deflection angle to the right with the previous course of 90 degrees, 17
minutes and 36 seconds, thence;
  3)  Running 57.41 feet in a northerly direction, said course forming a
deflection angle to the right with the previous course of 89 degrees, 42
minutes and 24 seconds, thence;
  4) Running 60.20 feet in an easterly direction, said course forming  a
deflection angle to the right with the previous course of 85 degrees, 22
minutes and 26 seconds to the point or place of beginning.
Said parcel containing approximately 0.08 acre more or less.
  S  7.  The  parkland  over  which an air right easement may be granted
pursuant to subdivision d of section two of this  act  is  a  parcel  of
parkland near the intersection of West 12th Street and Wonder Wheel Way,
more particularly described as follows:
Starting  at a point of beginning, said point lying 237.00 feet south of
the intersection of the southerly line of Bowery and  West  12th  Street
and  71.80  feet  to  the  east  of  the previously said point, as those
streets are laid out on the City Map, thence;
  1) Running 9.00 feet in a northeasterly direction, thence;
  2) Running 23.67 feet in an easterly direction, said course forming  a
deflection angle to the right with the previous course of 89 degrees, 53
minutes and 22 seconds, thence;
  3)  Running 7.72 feet in a southerly direction along a park line, said
course forming a deflection angle to the right with the previous  course
of 66 degrees, 28 minutes and 11 seconds, thence;
  4)  Running 1.93 feet in a southerly direction along a park line, said
course forming a deflection angle to the right with the previous  course
of 24 degrees, 59 minutes and 54 seconds, thence;
  5) Running 26.72 feet in the westerly direction, said course forming a
deflection angle to the right with the previous course of 88 degrees, 32
minutes and 52 seconds to the point or place of beginning.
Said parcel containing approximately 0.005 acre more or less.
  S  8.  If  the  parkland  that is the subject of this act has received
funding pursuant to the federal land and water  conservation  fund,  the

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discontinuance  of  parkland  authorized  by  the provisions of this act
shall not occur until the municipality has  complied  with  the  federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the discontinuance will include
all  conditions  which  the secretary of the interior deems necessary to
assure the substitution of other  lands  shall  be  equivalent  in  fair
market  value  and recreational usefulness to the lands being discontin-
ued.
  S 9. This act shall take effect immediately.