Assembly Bill A6538

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

                                  6538

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by  M.  of A. BROOK-KRASNY -- Multi-Sponsored by -- M. of A.
  BRENNAN -- 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, and  notwithstanding
any provision of any general, special or local law, the city of New York
is  hereby authorized to discontinue the use as parklands of the parcels
of land described in section three of this act and to transfer such land
and any improvements thereon to the New York city  economic  development
corporation for sale or other disposition in furtherance of a comprehen-
sive  development  plan  for  Coney  Island,  Brooklyn.  The transfer of
discontinued parkland pursuant to this section shall be subject  to  the
requirement  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  activ-
ities  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  no  less  than 9.63 acres of the land described in section
four of this act. In the event that such land dedicated as  parkland  is
not  equal  to or greater than the fair market value of the parklands to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10255-01-1
              

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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 recre-
ational facilities.
  b. Subject to the provisions of  this  act,  and  notwithstanding  any
other  provision of any general, special or local law, the department of
parks and recreation of such city is authorized to use and/or  to  enter
into  an  agreement  with  the New York city economic development corpo-
ration to lease such dedicated parkland, as described in section four of
this act, for the operation of  an  amusement  park,  including  without
limitation  amusement  park  features  such as indoor and outdoor rides,
arcades, attractions and ancillary uses,  including  small-scale  retail
use.   For a period of twelve years following the effective date of this
act, the review and approval pursuant to sections 197-c and 197-d of the
New York city charter of  the  land  use  impacts  and  implications  of
proposed  actions under land use applications to facilitate the "Compre-
hensive Plan for Coney Island" approved by resolutions of the city coun-
cil of the city of New York at a meeting held on July 29, 2009, shall be
deemed to encompass the review and approval of the land use  impact  and
implications  of  the use or lease of parkland pursuant to this subdivi-
sion.
  c. The land described in section four of this act to be  dedicated  as
parkland may be acquired by the city of New York 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 subject  to  ease-
ments  for  pedestrians  and vehicles to travel through such parkland as
necessary for purposes of the operation of a designated  landmark  known
as  the  "Wonder Wheel", as described in the city map amendment approved
pursuant to sections 197-c and 197-d of the New  York  city  charter  by
resolution  of  the  city council of such city at a meeting held on July
29, 2009.
  d. Notwithstanding any inconsistent provision of section 1411  of  the
not-for-profit corporation law or of any other general, special or local
law  relating  to  the lease of land to or by a local development corpo-
ration, for a period of twelve years following  the  effective  date  of
this  act, the lease of the parcels of land described in section four of
this act, once acquired by the city of New York and dedicated  as  park-
land, to or by the New York city economic development corporation pursu-
ant to the authority conferred by subdivision b of this section shall be
subject, in lieu of any approval of a lease to the New York city econom-
ic  development  corporation  that may be required pursuant to any other
law, exclusively to the requirement that such  lease  or  any  amendment
thereof,  sublease or assignment of rights thereunder, shall be consist-
ent in all material respects  with  the  "Coney  Island  Amusement  Park
Project Plan" prepared by the department of parks and recreation of such
city  and  approved  by  the city council of such city in the manner set
forth in the "Coney Island Amusement Park Special Process Agreement"  as
authorized  by  resolution of the city council of such city 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

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  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;
  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;

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  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 are two parcels  of
land in the borough of Brooklyn and the city of New York as follows:
                                PARCEL A
  A  parcel  of  land  between West 22nd Street and West 23rd Street, in
accordance with Borough President  Map  No.  X-2710,  more  particularly
described as follows:
  Starting  at a point of beginning located on the easterly line of West
23rd Street at the intersection with the Public Beach, as those  streets
are laid out on the City Map, thence;
  1) Running 243.56 feet in a northerly direction along the eastern line
of West 23rd Street to a point, thence;
  2) Running 110.00 feet in an easterly 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  20.01  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;
  4)  Running  153.55  feet in easterly direction, said course forming a
deflection angle to the right with the previous course of 90 degrees, 00
minutes and 21 seconds, thence;
  5) Running 219.25 feet in southerly direction, said course  forming  a
deflection angle to the right with the previous course of 90 degrees, 28
minutes and 52 seconds, thence;
  6)  Running  265.42  feet in westerly direction, said course forming a
deflection angle to the right with the previous course of 79 degrees, 54
minutes and 12 seconds to the point or place of beginning.
  Said parcel containing approximately 1.40 acre more or less.
                                PARCEL B
  A parcel of land in between Wonder Wheel Way and the public beach,  in
accordance  with  Borough  President  Map  No. Y-2715, more particularly
described as follows:

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  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;
  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, 47
minutes and 46 seconds, thence;

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  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;
  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 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;
  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 5. This act shall take effect immediately.