S T A T E   O F   N E W   Y O R K
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                                   6724
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2017
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to authorize the city of New York to discontinue the use as park-
   land of a portion of Corporal Fischer Park in the borough of the Bronx
   and to sell and convey such land upon terms and conditions to  facili-
   tate the construction of affordable housing
 
   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 discontinue the use as parkland of the  land
 described  in section three of this act, a part of Corporal Fischer Park
 in the borough of the Bronx, which will no longer be developed for  park
 purposes.  The city of New York, acting by and through the department of
 housing preservation and development of such city, is authorized to sell
 and convey such discontinued parkland to facilitate the construction  of
 a  housing  project  in  which one hundred percent of the dwelling units
 will be occupied by persons of low income as defined in section 2 of the
 private housing finance law and upon such other terms and conditions  as
 determined by the department of housing preservation and development.
   §  2.  The  authorization provided in section one of this act shall be
 subject to the requirement that the city of New York shall dedicate  the
 land  described  in  section  four  of this act, known as Corporal Irwin
 Fischer place and which has never been used for park purposes, as  park-
 land. Such dedicated lands shall be added to the part of Corporal Fisch-
 er  park  that  is not being discontinued pursuant to this act to form a
 newly configured Corporal Fischer park. The authorization  contained  in
 section  one  of  this act shall also be subject to the requirement that
 the city of New York perform capital improvements to the Corporal Fisch-
 er park that shall be newly configured pursuant to this act so that  the
 value  of  such dedicated lands and capital improvements are equal to or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13195-02-7

 S. 6724                             2
 
 greater than the fair market value of the lands  being  discontinued  as
 parkland described in section three of this act.
   §  3.  The land authorized to be discontinued as parkland and conveyed
 is bounded and described as follows:
   ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, WITH THE BUILDINGS
 AND IMPROVEMENTS THEREON  ERECTED,  SITUATE,  LYING  AND  BEING  IN  THE
 BOROUGH  AND  COUNTY OF BRONX, CITY AND STATE OF NEW YORK AND BEING MORE
 PARTICULARLY DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT IN THE NORTHERLY LINE OF  WEST  169TH  STREET  AS
 MEASURED  EASTWARDLY  A  DISTANCE  OF 92.31 FEET ALONG THE SAME FROM ITS
 INTERSECTION WITH THE EASTERLY LINE OF NELSON AVENUE AND FROM SAID POINT
 RUNS; THENCE
   1) NORTHWESTWARDLY ALONG THE DIVISION LINE BETWEEN LOT 32 AND  LOT  1,
 BLOCK  2519  FORMING  AN  INTERIOR  ANGLE  OF  104 DEGREES 23 MINUTES 56
 SECONDS, A DISTANCE OF 98.92 FEET TO A POINT, THENCE;
   2) EASTWARDLY ALONG THE DIVISION LINE BETWEEN LOT 32 AND LOT 1,  BLOCK
 2519  FORMING  AN  INTERIOR ANGLE OF 86 DEGREES 39 MINUTES 38 SECONDS, A
 DISTANCE OF 25.00 FEET TO A POINT CORNER TO LOT 27, THENCE;
   3) EASTWARDLY ALONG THE DIVISION LINE BETWEEN LOT 27 AND LOT 1,  BLOCK
 2519  FORMING  AN EXTERIOR ANGLE OF 179 DEGREES 11 MINUTES 37 SECONDS, A
 DISTANCE OF 99.17 FEET TO A POINT IN THE DIVISION LINE  BETWEEN  LOT  27
 AND THE WESTERLY LINE OF LOTS 19 THROUGH 25, BLOCK 2519, THENCE;
   4)  SOUTHEASTWARDLY  ALONG  THE  SAID DIVISION LINE BETWEEN LOT 27 AND
 LOTS 19 THROUGH 25, BLOCK 2519 FORMING AN INTERIOR ANGLE OF 101  DEGREES
 48 MINUTES 09 SECONDS, A DISTANCE OF 132.11 FEET TO A POINT IN THE AFOR-
 ESAID NORTHERLY LINE OF WEST 169TH STREET, THENCE;
   5)  WESTWARDLY  ALONG THE SAME FORMING AN INTERIOR ANGLE OF 66 DEGREES
 19 MINUTES 54 SECONDS, A DISTANCE OF 150.01 FEET TO THE POINT AND  PLACE
 OF BEGINNING.
   CONTAINING 15,192 SQUARE FEET OR 0.3488 ACRES.
   §  4.  The  land to be dedicated as parkland is Corporal Irwin Fischer
 Place from Nelson Ave. to Shakespeare Ave., Borough and  County  of  The
 Bronx,  City  and  State  of  New  York,  more particularly described as
 follows:
   Starting at a Point of Beginning located on the easterly  street  line
 of  Nelson  Avenue, said point being distant 96.897 feet southerly along
 said easterly street line of Nelson Ave. from its intersection with  the
 southerly  street  line  of  West  170th  Street,  as those streets were
 hereinbefore laid out on the City Map;
   1) Running thence southerly, along the easterly street line of  Nelson
 Ave.,  55.610 feet to its intersection with former southerly street line
 of Corporal Irwin Fischer Place;
   2) Running thence easterly, along the former southerly street line  of
 Corporal Irwin Fischer Place, said course forming an interior angle with
 the  last  mentioned course of 64 degrees 02 minutes 40 seconds, 247.229
 feet to the westerly street line of Shakespeare Ave.;
   3) Running thence northerly, along the westerly street line of Shakes-
 peare Ave.,  said  course  forming  an  interior  angle  with  the  last
 mentioned course of 91 degrees 43 minutes 50 seconds, 48.578 feet to the
 intersection  with  the  newly established southerly street line of West
 170th Street;
   4) Running thence westerly, along  said  newly  established  southerly
 street  line of West 170th Street, said course forming an interior angle
 with the last mentioned course of 114 degrees  13  minutes  30  seconds,
 7.359  feet  to the intersection with the former westerly street line of
 Corporal Irwin Fischer Place;

 S. 6724                             3
 
   5) Running thence southerly, along the former westerly street line  of
 Corporal Irwin Fischer Place, said course forming an interior angle with
 the  last  mentioned  course  of 90 degrees 00 minutes 00 seconds, 1.976
 feet to its intersection with the former northerly street line of Corpo-
 ral Irwin Fischer Place;
   6) Running thence westerly, along said former northerly street line of
 Corporal Irwin Fischer Place, said course forming an interior angle with
 the  last mentioned course of 244 degrees 02 minutes 40 seconds, 216.875
 feet to the Point or Place of Beginning.
   The area described above consists of 11,793 square feet, more or less,
 located in the County of the Bronx.
   § 5. If the city of New York department of  housing  preservation  and
 development  fails to convey the discontinued parkland to facilitate the
 construction of a housing project for occupancy by persons of low income
 as defined in section 2 of the private housing finance  law,  then  such
 property  shall revert back to the city of New York, department of parks
 and recreation to be used for park and recreational purposes.
   § 6. If the parkland that is the subject  of  this  act  has  received
 funding  pursuant  to  the federal land and water conservation fund, the
 discontinuance of parkland 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 discontinuance 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 discontin-
 ued.
   § 7. This act shall take effect immediately.