Senate Bill S4650B

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

                                  4650

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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 three of this act to Alexander's of Rego Park III,
Inc. in exchange for a certain light and air easement volume,  described
in  section  four of this act, that is contiguous to Lost Battalion Hall
park in the borough of Queens. Such exchange shall  be  made  upon  such
terms and conditions as shall be agreed upon between the parties.
  S  2.  In  the event that the fair market value of the easement volume
acquired from Alexander's of Rego Park III, Inc.  is  not  equal  to  or
greater  than the fair market value of the easement value transferred to
Alexander's of Rego Park III, Inc., the city of New York shall  dedicate
the  difference  between  the  fair  market value of the easement 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 3. The easement volume to be transferred to Alexander's of Rego Park
III,  Inc.  is  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10210-01-5

S. 4650                             2
              

  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 such lands and 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  succes-
sors  and  assigns,  to construct improvements up to a height of 30 feet
above grade.
  S 4. The easement volume to be acquired by the city of New  York  from
Alexander's of Rego Park III, Inc. is as follows:
  A 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
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 such lands and the above-surface
volume  above  the  easement area's maximum finished ground elevation to
the sky, subject to the right 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 5. If the parkland easement volume that is the subject of  this  act
has received funding pursuant to the federal land and water conservation

S. 4650                             3

fund,  the  transfer  authorized by the provisions of this act shall not
occur until the city of New York has complied with the federal  require-
ments  pertaining  to  the conversion of parklands, including satisfying
the  secretary of the interior that the transfer will include all condi-
tions 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 6. This act shall take effect immediately.

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

                                 4650--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee and  commit-
  ted to the Committee on Finance -- 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 in
section three of this act to Alexander's  of  Rego  Park  III,  Inc.  in
exchange  for  a  certain surface easement, described in section four of
this act, that is contiguous to Lost Battalion Hall Park in the  borough
of Queens. Such exchange shall be made upon such terms and conditions as
shall be agreed upon between the parties.
  S  2.  In the event that the fair market value of the surface easement
acquired from Alexander's of Rego Park III, Inc.  is  not  equal  to  or
greater  than the fair market value of the light and air easement trans-
ferred to Alexander's of Rego Park III, Inc., the city of New York shall
dedicate the difference between the fair market value of the  light  and
air  easement  conveyed  to  Alexander's of Rego Park III, Inc., and the
fair market value of the surface easement 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  3. The light and air easement to be conveyed to Alexander's of Rego
Park III, Inc. is 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10210-02-5
              

S. 4650--A                          2

  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  shall consist of such lands and extend above the ease-
ment 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  4.  The  easement  to  be  acquired  by  the  city of New York from
Alexander's of Rego Park III, Inc. is as follows:
  A 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
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 surface easement shall consist of such lands subject to the right
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 commissioner of the department of parks and recreation of  the  city
of New York.
  S  5.  If  the  parkland  subject  to  the  light and air easement has
received funding pursuant to the federal  land  and  water  conservation
fund,  the  transfer  authorized by the provisions of this act shall not

S. 4650--A                          3

occur until the city of New York has complied with the federal  require-
ments  pertaining  to  the conversion of parklands, including satisfying
the secretary of the interior that the transfer will include all  condi-
tions  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 6. This act shall take effect immediately.