S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8419
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Cities
 
 AN ACT in relation to authorizing discontinuance of the use as  parkland
   of  land  in  the city of New York commonly known as the Marx Brothers
   playground
 
   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 department of parks and  recreation  and
 the  department  of  education  of  such  city,  is hereby authorized to
 discontinue the use as parkland of the land described in  section  three
 of  this  act,  commonly  known  as the Marx Brothers playground, and to
 transfer such land to the New York city educational construction fund to
 permit the construction of a combined occupancy structure, as that  term
 is  defined  in  section  452  of  the education law upon such terms and
 conditions as shall be agreed upon between the parties.
   § 2. The authorization provided in section one of this  act  shall  be
 effective only upon the condition that the city of New York dedicates an
 amount  equal  to or greater than the fair market value of the parklands
 being discontinued towards  the  acquisition  of  new  parklands  and/or
 towards  capital  improvements  to  existing  parkland  and recreational
 facilities within the borough of Manhattan.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued as parkland are bounded and described as follows:
 All that tract or parcel of land situate in the City of New York, County
 of New York, and State of New York, bounded and described as follows:
 Beginning  at a point formed by the intersection of the easterly line of
 Second Avenue (100' wide right of way), with the southerly line of  East
 97th  Street  (66'  wide right of way), and from said point of beginning
 running thence; 1. along the said southerly line of  East  97th  Street,
 south  61  degrees 00 minutes 41 seconds east, a distance of 319.00 feet
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13085-03-7

 A. 8419                             2
 
 to a point, thence; 2. through the lands of Lot 1, Block 1668, south  28
 degrees 59 minutes 19 seconds west, a distance of 201.83 feet to a point
 on  the  northerly  line  of  East 96th Street (100' wide right of way),
 thence; 3. along the said northerly line, north 61 degrees 00 minutes 41
 seconds  west, a distance of 319.00 feet to a point formed by the inter-
 section of said northerly line of East 96th Street with the said easter-
 ly line of Second Avenue, thence; 4. along the  said  easterly  line  of
 Second  Avenue,  north 28 degrees 59 minutes 19 seconds east, a distance
 of 201.83 feet to a point and  place  of  beginning,  containing  64,384
 square feet or 1.478 acres.
   §  4.   If the parkland that is described in section three of this act
 has received funding pursuant to the federal land and water conservation
 fund, the discontinuance of parkland authorized by section one  of  this
 act  shall  not  occur  until the city of New York has complied with the
 federal requirements pertaining to the conversion of parklands,  includ-
 ing  satisfying  the  secretary  of the interior that the discontinuance
 with 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.
   § 5. This act shall take effect immediately.