senate Bill S7617

Authorizes and validates the alienation of certain parkland known as Empire Fulton Ferry state park

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jun / 2012
    • REFERRED TO CITIES
  • 20 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1420
  • 20 / Jun / 2012
    • SUBSTITUTED BY A10586

Summary

Authorizes and validates the alienation of certain parkland known as Empire Fulton Ferry state park in accordance with letters patent dated July 8, 2010 from the office of general services to the Brooklyn Bridge Park Development Corporation and master ground lease agreement dated as of July 29, 2010 for a term of 99 years to the Brooklyn Bridge Park Corporation providing for the use of such land as a part of the Brooklyn Bridge Park Civic and Land Use Improvement Project.

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Bill Details

See Assembly Version of this Bill:
A10586
Versions:
S7617
Legislative Cycle:
2011-2012
Law Section:
New York City

Sponsor Memo

BILL NUMBER:S7617

TITLE OF BILL:
An act
authorizing and
validating the alienation of
certain parkland known as Empire Fulton Ferry state park in accordance
with letters patent dated
July 8, 2010 from the office of general services to the Brooklyn
Bridge Park Development
Corporation and master ground lease agreement dated as of July 29,
2010 for a term of 99 years
to the Brooklyn Bridge Park Corporation providing for the use of such
land as a part of the
Brooklyn Bridge Park Civic and Land Use Improvement Project

PURPOSE OR GENERAL IDEA OF BILL:
To validate and authorize the
alienation and conveyance of state owned parkland formerly known as
the Empire Fulton Ferry State Park in accordance with the terms
of letters patent dated July 8, 2010 and master ground lease dated as
of July 29, 2010, which provide for the continuation as dedicated
parkland of a portion of such parkland, delineated as Parcel A, and
authorize the discontinuance as parkland of the remaining portion of
such parkland, delineated as Parcel B, which contains buildings known
as the Tobacco Warehouse and the Empire Stores, and to provide for
the replacement of the discontinued parkland with new parkland of
equal or greater fair market value.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 validates and authorizes the
alienation and conveyance of state-owned parkland formerly known as
the Empire Fulton Ferry State Park in accordance with the terms of
letters patent dated July 8, 2010 which conveyed the former state park
from the New York State Office of General Services to the Brooklyn
Bridge Park Development Corporation (the "BBPDC") and authorized the
discontinuance of a portion of the former state park as parkland, and
in accordance with the terms of a 99-year master ground lease dated
as of July 29, 2010, in which the BBPDC leased the properties
comprising Brooklyn Bridge Park, which include the former state park,
to the Brooklyn Bridge Park Corporation (the "BBPC") to enable BBPC
to assume responsibility for development and operation of Brooklyn
Bridge Park.

Section 2 authorizes BBPDC and/or BBPC to alienate the portion of the
former Empire Fulton Ferry State Park delineated as Parcel B and to
use Parcel B in any manner consistent with the General Project Plan
for the Brooklyn Bridge Park Civic and Land Use Improvement Project
(the "GPP"). Section 2 also provides that the remaining portion of
the former Empire Fulton Ferry State Park delineated as Parcel A be
used for park and recreation purposes as part of Brooklyn Bridge Park.

Section 3 makes the alienation of Parcel B authorized by section 2
subject to the City of New York dedicating the land described in
section 7 as parkland and provides that if the fair market value of
the replacement parkland is not equal to or greater than fair market
value of Parcel B, the City of New York must acquire additional
parkland or improve existing parkland in Brooklyn to make up the
shortfall in fair market value.

Section 4 provides that the discontinuance of Parcel B as parkland
authorized by section 2 shall not occur until the National Park
Service has approved a conversion of Parcel B pursuant to the federal
Land and Water Conservation Fund Act.

Section 5 provides that the replacement parkland shall be used and
dedicated for park and recreation purposes as part of Brooklyn Bridge
Park consistent with the timeframe for completion of the conversion
process required by the National Park Service under the federal Land
and Water Conservation Fund Act.

Section 6 identifies the metes and bounds of the land conveyed in the
letters patent and the land be discontinued as parkland.
The metes and bounds of these parcels are identical to the metes and
bounds of Parcels A and Parcel B as described in the July 8, 2010
letters patent referred to in section 1.

Section 7 identifies the metes and bounds of the replacement land to
be used for park and recreation purposes as part of Brooklyn Bridge
Park in accordance with section 4, above.

Section 8 provides that this act shall take effect immediately.

JUSTIFICATION:
The continued development of the Brooklyn Bridge Park
into a unified vibrant waterfront park has been jeopardized by a
recent state Supreme Court decision (Brooklyn Heights Ass'n, et al.
v. New York State Office of Parks. Recreation and Historic
Preservation. et at., Index No. 1120/11 (Sup. Ct. Kings County Dec.
14, 2011) calling into question transactions under which jurisdiction
over the former Empire Fulton Ferry State Park (the "EFFSP") was
transferred from the state to the Brooklyn Bridge Park Corporation as
a part of the Brooklyn Bridge Park Civic and Land Use Improvement
Project (the "BBP Project"). These transactions confirmed that part
of the transferred land would continue to be used as parkland as part
of Brooklyn Bridge Park and permitted the remaining part of the
transferred land to be discontinued as parkland so that historic
civil war era structures on that land, known as the Tobacco Warehouse
and the Empire Stores, could be adaptively reused to ensure the
long-term preservation of these structures and in the case of the
Empire Stores, to provide revenue critical for the future operation
and maintenance of Brooklyn Bridge Park. The enactment of this
legislation will authorize and validate the transact
ions that included the former EFFSP as an integral part of the

Brooklyn Bridge Park and allow the Tobacco Warehouse and the Empire
Stores to be preserved and adaptively reused as planned to further
the long term goals of the BBP Project OPP. Once rehabilitated in
accordance with the OPP and historic preservation requirements,
revenue from the Empire Stores is expected to cover approximately 5
percent of Brooklyn Bridge Park's total operation and maintenance
budget after all phases of construction are completed and
approximately 10 percent of the operation and maintenance costs of
the currently funded portion of the Park. Unless this legislation is
enacted, both structures will continue to deteriorate until they can
no longer be saved. Empire Stores is currently in extreme disrepair
and closed to the public. The Tobacco Warehouse's roof and upper
walls collapsed in the past and the emergency stabilization work on
its walls that was completed a decade ago will not preserve the
structure into the future. Brooklyn Bridge Park does not have money
to fund the significant cost of rehabilitating and redeveloping these
structures. Unless the parkland restrictions on these historic
buildings is lifted, non-public funding will not be available
to allow development of the buildings in a manner that respects
their historic features and to protect these historic structures into
the future. Enactment of this legislation will also return the
Brooklyn Bridge Park to unified oversight and management.

The legislation requires replacement of the discontinued parkland with
three properties that are not currently used or dedicated for park
purposes. These properties are to be used for park and recreational
purposes and incorporated into Brooklyn Bridge Park. If the fair
market value of these three properties are of not equal or greater
value to Parcel B, the parkland to be discontinued, the City of New
York will acquire additional property or make improvements to
existing parkland in Brooklyn. While the acreage of the replacement
properties is less than the acreage of Parcel B, the replacement
properties will provide more public space for park and recreation
purposes than currently exists in Parcel B because the Empire Stores
is, and without this legislation will remain, closed to the public
for safety reasons.
Excluding Empire Stores, Parcel B contains approximately 34,000 square
feet of space. The replacement parcels contain approximately 38,000
square feet of space. The replacement parcels will provide passive
and active recreational uses, potentially new public facilities, and
additional scenic views that the Parcel B cannot provide given the
deteriorated condition of the historic structures.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7617                                                 A. 10586

                      S E N A T E - A S S E M B L Y

                              June 7, 2012
                               ___________

IN  SENATE  --  Introduced  by  Sen.  SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Cities

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A. Millman) -- read once and referred to the Committee on Cities

AN  ACT  authorizing  and  validating the alienation of certain parkland
  known as Empire Fulton Ferry state park  in  accordance  with  letters
  patent  dated  July 8, 2010 from the office of general services to the
  Brooklyn Bridge Park Development Corporation and master  ground  lease
  agreement  dated  as  of  July  29, 2010 for a term of 99 years to the
  Brooklyn Bridge Park Corporation providing for the use of such land as
  a part of the Brooklyn Bridge Park  Civic  and  Land  Use  Improvement
  Project

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

  Section 1. Notwithstanding any other provision of law to the contrary,
but subject to this act, the alienation and conveyance of the park  land
described  in  section  six of this act, formerly known as Empire Fulton
Ferry state park, in accordance with the terms and conditions of letters
patent dated July 8, 2010 from the office of  general  services  to  the
Brooklyn  Bridge  Park Development Corporation (BBPDC) and master ground
lease agreement dated as of July 29, 2010 for a term of 99 years between
the BBPDC and the Brooklyn Bridge Park Corporation (BBPC) and  all  acts
of the office of parks, recreation and historic preservation, the office
of  general  services, the New York State Urban Development Corporation,
BBPDC and BBPC in relation thereto are hereby authorized and  validated,
notwithstanding  the absence of prior legislative approval to the extent
required.
  S 2. Subject to the provisions of this act, the Brooklyn  Bridge  Park
Development  Corporation  and/or the Brooklyn Bridge Park Corporation is
authorized to alienate and discontinue the park land described as Parcel
B in section six of this act and Parcel B may be improved,  constructed,
reconstructed,  used, leased, or otherwise transferred for such purposes
as are consistent with the  Brooklyn  Civic  and  Land  Use  Improvement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16162-01-2

S. 7617                             2                           A. 10586

Project General Project Plan, as such Plan may be modified in accordance
with the requirements of such Plan. Provided that the lands described in
section  six  of  this  act  as Parcel A shall be used only for park and
recreation purposes as a part of the Brooklyn Bridge Park.
  S  3.  The  authorization provided in section two of this act shall be
subject to the requirement that the city of New York dedicate  the  land
described  in  section  seven of this act as park land. In the event the
lands described in section seven of this act are not equal to or greater
than the fair market value of the lands being alienated by this act, the
city of New York shall dedicate the difference between the  fair  market
value of the lands being alienated by this act and the replacement lands
towards  the  acquisition of additional park land and/or improvements to
existing park land in the borough of Brooklyn.
  S 4. With respect to the lands described in section six of this act as
Parcel B, to which certain outdoor recreational  restrictions  currently
apply as a condition of funding under the federal land and water conser-
vation  fund  act,  which  funding  was  previously expended for outdoor
recreation improvements at the former Empire  Fulton  Ferry  state  park
property  by  the office of parks, recreation and historic preservation,
the discontinuance of Parcel B as park land as authorized by section two
of this act shall not occur until the National Park Service has approved
a conversion of such park land under such federal land and water conser-
vation fund act, including satisfying the National Park Service that the
conversion complies with all conditions that the National  Park  Service
deems  necessary  to  assure the lands to be substituted shall be equiv-
alent in fair market value and usefulness to the lands being  discontin-
ued as outdoor recreation land.
  S  5.  The  lands described in section seven of this act shall be used
for park and recreation purposes as a part of the Brooklyn  Bridge  Park
within the time required by the National Park Service for the completion
of the conversion under the federal land and water conservation fund act
and at such time shall be deemed to be dedicated for park and recreation
purposes without further action.
  S  6.  The  existing  park  land subject to the provisions of this act
consists of Parcels A and B as described below. The land  authorized  by
this  act  to  be  alienated  and  discontinued as park land consists of
Parcel B as described below.
  Parcel A
  ALL those certain plots, pieces or parcels of land with the  buildings
and  improvements  thereon  erected,  situate,  lying  and  being in the
Borough of Brooklyn, County of Kings, City and State of New York, bound-
ed and described as follows:
  Beginning at a point on the easterly side of New  Dock  Street,  being
208  feet  6 inches northerly from the corner formed by the intersection
of the northerly side of Water Street with the easterly side of New Dock
Street; running thence easterly along the northerly side of a two  story
brick  building and continuing to and along the northerly side of a four
story brick building and a five story brick building a total distance of
692 feet 5 1/4 inches to a point on the westerly  side  of  Main  Street
which  is  distant 190 feet 2 inches northerly from the corner formed by
the intersection of the northerly side of Water Street with the westerly
side of Main Street, as measured along the westerly side of Main Street;
thence northerly along the westerly side of Main Street and the westerly
side of Main Street if extended to the East River, 478 feet 8-3/4 inches
to the pierhead line of the East  River,  established  in  1857;  thence
southwesterly along the said pierhead line, 825 feet 2-3/8 inches to the

S. 7617                             3                           A. 10586

easterly  side  of  New Dock Street; thence southerly along the easterly
side of New Dock Street, 260 feet 9 3/4 inches to  the  corner,  at  the
point or place of beginning; comprising approximately 6.408 acres.
  Parcel B
  ALL  those certain plots, pieces or parcels of land with the buildings
and improvements thereon  erected,  situate,  lying  and  being  in  the
Borough of Brooklyn, County of Kings, City and State of New York, bound-
ed and described as follows:
  Beginning  at  a  point on the easterly side of New Dock Street, being
208 feet 6 inches northerly from the corner formed by  the  intersection
of the northerly side of Water Street with the easterly side of New Dock
Street;  running thence easterly along the northerly side of a two story
brick building and continuing to and along the northerly side of a  four
story brick building and a five story brick building a total distance of
692  feet  5  1/4  inches to a point on the westerly side of Main Street
which is distant 190 feet 2 inches northerly from the corner  formed  by
the intersection of the northerly side of Water Street with the westerly
side of Main Street, as measured along the westerly side of Main Street;
thence southerly along the westerly side of said Main Street 129 feet 11
inches  to  a  point thereon which is distant 60 feet 3 inches northerly
from the corner formed by the intersection  of  the  northerly  side  of
Water Street with the westerly side of Main Street; thence westerly on a
line  forming an interior angle of 89 degrees 36 minutes 40 seconds with
the westerly side of Main Street, 88  feet;  thence  southerly  parallel
with the westerly side of Main Street, 10 feet; thence westerly parallel
with the northerly side of Water Street, 24 feet 8 inches; thence south-
erly  on  a  line  forming an interior angle of 89 degrees 32 minutes 30
seconds with the northerly side of Water Street, 50 feet to the norther-
ly side of Water Street; thence westerly along  the  northerly  side  of
Water Street 487 feet to the intersection of the northerly side of Water
Street with the easterly side of New Dock Street; thence northerly along
the  easterly  side of New Dock Street 208 feet 6 inches to the point or
place of beginning; comprising approximately 2.651 acres.
  S 7. The replacement land required by this act  to  be  added  to  the
Brooklyn  Bridge  Park and used only for park and recreation purposes is
described as follows:
  Parcel 1 (Lot 21, Block 7)
  ALL that certain plat, piece or parcel  of  land  with  buildings  and
improvements  thereon,  erected, situate, lying and being in the Borough
of Brooklyn, County of Kings, City and State of New York,  more  partic-
ularly bounded and described as follows:
  Beginning  at  a point where the northerly line of Plymouth Street, 40
foot wide, intersects the easterly line of Washington  Street,  60  foot
wide;  and from said beginning point running, thence along said easterly
line of Washington Street and a portion  of  Lot  1,  Block  7,  now  or
formerly  reputed  owner  the  City  of  New York, north 02 degrees - 37
minutes - 18 seconds east, a distance of 213.24 feet to a point;  thence
along  the  dividing  line  between  Lot 21 and Lot 1, Block 7, south 23
degrees - 00 minutes - 05 seconds east, a distance of 236.45 feet  to  a
point  on  the  aforementioned northerly line of Plymouth Street; thence
along said northerly line, north 87 degrees - 24 minutes  -  17  seconds
west,  a  distance  of  102.25 feet to the point and place of beginning;
comprising approximately 0.250 acres.
  Parcel 2 (Portion of Washington Street)
  All that certain plat, piece or parcel  of  land  with  buildings  and
improvements  thereon,  erected, situate, lying and being in the Borough

S. 7617                             4                           A. 10586

of Brooklyn, County of Kings, City and State of New York,  more  partic-
ularly bounded and described as follows:
  Beginning  at a point where the easterly line of Washington Street, 60
foot wide, intersects the northerly line of  Plymouth  Street,  40  foot
wide; and from said beginning point running, thence along said northerly
line  of  Plymouth  Street,  north  87 degrees - 24 minutes - 17 seconds
west, a distance of 60.00 feet to a point;  thence  along  the  westerly
line  of  Washington  Street, north 02 degrees - 37 minutes - 18 seconds
east, a distance of 200.00 feet to a point; thence along  the  northerly
terminus  of  Washington  street,  south  87  degrees  - 24 minutes - 17
seconds east, a distance of 60.00 feet to  a  point;  thence  along  the
aforementioned easterly line of Washington Street, south 02 degrees - 37
minutes  -  18  seconds west, a distance of 200.00 feet to the point and
place of beginning; comprising approximately 0.275 acres.
  Parcel 3 (portion of Lot 1, Block 7)
  ALL that certain plat, piece or parcel  of  land  with  buildings  and
improvements  thereon,  erected, situate, lying and being in the Borough
of Brooklyn, County of Kings, City and State of New York,  more  partic-
ularly bounded and described as follows:
  Beginning at a point on the northerly line of Plymouth Street, 40 foot
wide,  said point being south 87 degrees - 24 minutes - 17 seconds east,
a distance of 102.25 feet as  measured  along  said  northerly  line  of
Plymouth Street from its intersection with the easterly line of Washing-
ton  Street, 60 foot wide; and from said beginning point running, thence
along the dividing line between Lot 1 and Lot  21,  Block  7,  north  23
degrees  -  00 minutes - 05 seconds west, a distance of 126.21 feet to a
point; thence the following six (6) courses through the bounds of Lot 1,
Block 7, now or formerly reputed owner the City of New York:
  Along the existing northerly line of a one story masonry building  and
the  northerly face of concrete wall, north 66 degrees - 50 minutes - 39
seconds east, a distance of 96.97 feet to  a  point;  thence  continuing
along  the  northerly  face of said concrete wall, north 71 degrees - 04
minutes - 57 seconds east, a distance of 20.79 feet to a point of curva-
ture; thence continuing along the northerly and easterly  face  of  said
concrete wall, along a curve to the right, having a radius of 8.73 feet,
turning  a central angle of 65 degrees - 00 minutes - 10 seconds, an arc
length of 9.91 feet, the chord of which bears  south  73  degrees  -  21
minutes  -  49 seconds east, a chord distance of 9.39 feet to a point of
compound curvature; thence continuing along the easterly  face  of  said
concrete  wall,  along  a  curve  to the right, having a radius of 50.50
feet, turning a central angle of 33 degrees - 25 minutes -  11  seconds,
an arc length of 29.46 feet, the chord of which bears south 24 degrees -
09  minutes - 09 seconds east, a chord distance of 29.04 feet to a point
of tangency; thence continuing along the same, south  03  degrees  -  57
minutes  -  58 seconds east, a distance of 25.10 feet to a point; thence
continuing along the same, south 02 degrees - 36 minutes  -  21  seconds
west,  a distance of 110.43 feet to a point on the aforementioned north-
erly line of Plymouth Street; thence along said northerly line, north 87
degrees - 24 minutes - 17 seconds west, a distance of 77.18 feet to  the
point and place of beginning; comprising approximately 0.358 acres.
  S 8. This act shall take effect immediately.

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