S T A T E   O F   N E W   Y O R K
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                                 7148--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Cities -- recommitted to the Committee on Cities in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to authorize the city  of  New  York  to  transfer  ownership  of
  certain parklands to Alexander's of Rego Park III, Inc.

  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,  acting by and through the commissioner of parks and recreation of
such city, is authorized to transfer the light and air  easement  volume
described  in section four of this act above Lost Battalion Hall Park in
the borough of Queens to Alexander's of Rego Park III, Inc. in  exchange
for  a  certain light and air easement volume, described in section five
of this act, that is contiguous to such park.  Such  exchange  shall  be
made  upon such terms and conditions as shall be agreed upon between the
parties.
  S 2. The authorization contained in section one of this act shall only
be effective on the condition that any residential or commercial  devel-
opment  to  be  constructed  adjacent  to  the  Lost Battalion Hall Park
contain adequate space for classrooms to be used to operate public full-
day pre-kindergarten programs. Such programs shall offer, at a  minimum,
a  total  of  thirty-six  full day slots. Such classrooms shall serve no
more than eighteen students per  classroom,  shall  be  located  on  the
ground  level  of  such development and shall comply with all applicable
minimum square footage requirements, including those as may be  required
by  the state education department or the department of education of the
city of New York and shall comply with all applicable  health,  building
and fire codes for pre-kindergarten programs operated within the city of
New  York  School  District,  including  but  not limited to, applicable
requirements of the Americans With  Disabilities  Act,  New  York  State

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10210-06-6
              

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Uniform  Fire  Prevention  and  Building Code, as well as any applicable
facilities requirements of a state or  local  licensing  or  registering
agency.  For purposes of this section, the term pre-kindergarten program
shall include those programs authorized by the education law or adminis-
tered by the state education department.
  S  3.  In  the event that the fair market value of the easement volume
acquired from Alexander's of Rego Park III,  Inc.  pursuant  to  section
five  of  this act is not equal to or greater than the fair market value
of the easement volume value transferred to  Alexander's  of  Rego  Park
III,  Inc.  pursuant  to  section four of this act, the city of New York
shall dedicate the difference between the fair market value of the ease-
ment volume transferred to Alexander's of Rego Park III, Inc.,  and  the
fair  market  value  of the easement volume acquired from Alexander's of
Rego Park III, Inc., for the acquisition of additional  parkland  and/or
for  capital  improvements  to existing park and recreational facilities
within the borough of Queens.
  S 4. The parkland light and air easement volume to be  transferred  to
Alexander's  of  Rego  Park  III, Inc. is above the surface of a part of
block 2076 lot 50, block 2077 lots 50, 98 and 8901  and  bed  of  former
62nd  Avenue  in  the  borough of Queens, more particularly described as
follows:
  ALL that certain plot, piece or parcel  of  land  situate,  lying  and
being  in  the borough and county of Queens, city and state of New York,
bounded and described as follows:
  BEGINNING at a point located distant 65.52  feet  northwesterly  along
the northeasterly street line of 93rd Street, from its intersection with
the  southerly  street  line  of  62nd  Avenue,  as  those  streets were
hereinbefore laid out on the borough president map;
  RUNNING THENCE 16.27  feet  northwesterly,  along  said  northeasterly
street line of 93rd Street to a point;
  RUNNING THENCE 336.56 feet in an easterly direction, said course form-
ing  a  deflection  angle  to  the  left with the previous course of 120
degrees 39 minutes 13 second;
  RUNNING THENCE 14.00 feet in a southerly direction, said course  form-
ing  a  deflection  angle  to  the  left  with the previous course of 90
degrees 00 minutes 00 seconds;
  RUNNING THENCE 328.26 feet in a westerly direction, said course  form-
ing  a  deflection  angle  to  the  left  with the previous course of 90
degrees 00 minutes 00 seconds to the point or place of BEGINNING.
  Said parcel containing approximately 0.107 acre more or less.
  Such easement volume shall consist of the above-surface  volume  above
the  easement  area's  maximum  finished  ground  elevation  to the sky,
subject to the right of the city of New York,  and  its  successors  and
assigns,  to  construct  improvements  up  to  a height of 30 feet above
grade.
  S 5. The light and air easement volume to be acquired by the  city  of
New York from Alexander's of Rego Park III, Inc. for dedication as park-
land is as follows:
  Above  the surface of part of block 2076 lot 50, block 2077 lot 50, 98
and 8901 and bed of former 62nd Avenue, more particularly  described  as
follows:
  ALL  that  certain  plot,  piece  or parcel of land situate, lying and
being in the borough and county of Queens, city and state of  New  York,
bounded and described as follows:
  BEGINNING  at  a  point located distant 81.80 feet northwesterly along
the northeasterly street line of 93rd Street, from its intersection with

A. 7148--A                          3

the southerly  street  line  of  62nd  Avenue,  as  those  streets  were
hereinbefore laid out on the borough president map;
  RUNNING  THENCE  11.62  feet  northwesterly,  along said northeasterly
street line of 93rd Street to a point;
  RUNNING THENCE 468.33 feet in an easterly direction, said course form-
ing a deflection angle to the left  with  the  previous  course  of  120
degrees 39 minutes 13 second;
  RUNNING  THENCE 10.00 feet in a southerly direction, said course form-
ing a deflection angle to the  left  with  the  previous  course  of  90
degrees 00 minutes 00 seconds;
  RUNNING  THENCE 462.41 feet in a westerly direction, said course form-
ing a deflection angle to the  left  with  the  previous  course  of  90
degrees 00 minutes 00 seconds to the point or place of BEGINNING.
  Said parcel containing approximately 0.107 acre more or less.
  Such  easement  volume shall consist of the above-surface volume above
the easement area's  maximum  finished  ground  elevation  to  the  sky,
subject to the responsibility of Alexander's of Rego Park III, Inc., and
its successors and assigns, to install non-permanent furniture, fixtures
and  plantings, such as moveable benches, chairs, tables, trash cans and
planters, as well as fixed furniture, with such fixed furniture  subject
to prior approval by the city of New York.
  S 6. If the parkland light and air easement volume that is the subject
of  this act has received funding pursuant to the federal land and water
conservation fund, the transfer authorized by the provisions of this act
shall not occur until the city of New York has complied with the federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the transfer 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 discontinued.
  S 7. This act shall take effect immediately.