Bill Text: NY A06865 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes the commissioner of general services to transfer and convey certain lands in New York City to the urban development corporation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-07-15 - signed chap.99 [A06865 Detail]
Download: New_York-2019-A06865-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6865--A 2019-2020 Regular Sessions IN ASSEMBLY March 22, 2019 ___________ Introduced by M. of A. DICKENS -- read once and referred to the Commit- tee on Governmental Operations -- reference changed to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT authorizing the commissioner of general services to transfer and convey certain lands in the county of New York, city of New York, to the urban development corporation; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Notwithstanding any inconsistent provision of law to the 2 contrary, the commissioner of general services is authorized to transfer 3 and convey to the urban development corporation the remaining right, 4 title, and interest of the people of the state of New York in the lands 5 and improvements located at 121 West 125th Street and further described 6 in section two of this act. The conveyance shall be made in consider- 7 ation of the sum of no less than one million dollars collected by the 8 state in connection with land transferred pursuant to this act, which 9 shall be deposited into the 125th Street Improvement Trust Fund, as 10 amended and as may be further amended, hereinafter referred to as the 11 "Fund", and shall be used for purposes outlined in the fund agreement 12 and projects located within the established geographic boundaries of the 13 Fund. 14 § 2. The lands and improvements authorized by section one of this act 15 to be conveyed are generally described as follows: 16 Parcel 1 17 All that certain plot, piece or parcel of land, situate, lying and 18 being in the Borough of Manhattan, City, County and State of New York, 19 bounding and described as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10888-02-9A. 6865--A 2 1 BEGINNING at a point on the northerly side of West 125th Street and 2 150 feet west of the point of intersection between the westerly side of 3 Lenox Avenue and the northerly side of West 125th Street; 4 (1) thence running westerly along the northerly side of West 125th 5 Street, 210 feet to a point; 6 (2) thence running in a northerly direction parallel to the Westerly 7 side of Lenox Avenue, 199 feet 10 inches to the southerly side of West 8 126th Street; 9 (3) thence running easterly along the southerly side of West 126th 10 Street 210 feet to a point; 11 (4) thence running in a southerly direction, parallel to the westerly 12 side of Lenox Avenue 199 feet, 10 inches to the point of beginning. 13 Parcel 2 14 All that certain volume of space which lies above a horizontal plane 15 (the "Limiting Plane") drawn at elevation 80.20 feet and intersecting 16 the vertical planes determined by the above-described boundaries of the 17 Premises; the elevation of the Limiting Plane being that in the System 18 known as the Borough Works Datum of the Borough of Manhattan which 19 designates as zero an elevation which is 2.75 feet above mean sea level 20 at Sandy Hook, New Jersey. 21 SUBJECT to that certain Easement Agreement and Declaration made by and 22 between the people of the state of New York, acting by and through the 23 commissioner of general services, and the New York state urban develop- 24 ment corporation, doing business as the empire state development corpo- 25 ration, dated December 13, 2002 and recorded July 10, 2003 as CRFN 26 2003000222170; and that certain Indenture made the 20th day of December, 27 1977 by The New York state urban development corporation and The city of 28 New York recorded on 12/23/77 in Reel 422 page 1084. 29 § 3. The description in section two of this act is not intended to be 30 a legal description but is intended to identify the parcel to be 31 conveyed. As a condition of the purchase, the urban development corpo- 32 ration may submit to the commissioner of general services for her 33 approval an accurate survey and description of the lands to be conveyed, 34 which may be used in the conveyance thereof. 35 § 4. The commissioner of general services shall not transfer or convey 36 the aforesaid lands and improvements unless an application is made by 37 the urban development corporation within one year of the effective date 38 of this act. Such application shall be in the form of a resolution 39 setting forth a comprehensive statement approved by the board of the 40 urban development corporation acknowledging and accepting the use 41 restrictions set forth in section five of this act. The commissioner of 42 general services and the president of the urban development corporation 43 are hereby empowered to effect the transfer and conveyance and do all 44 things necessary to carry out the purposes and provisions of this act. 45 § 5. The aforesaid land and improvements shall be used and improved 46 for the purposes of, the National Urban League headquarters, including a 47 conference center, a civil rights museum, retail and office space, 48 approximately one hundred seventy units of affordable housing, which 49 solely for the purposes of this act, shall mean that one hundred percent 50 of the rental dwelling units in the building shall, upon initial rental 51 and upon each subsequent rental following a vacancy, be affordable to 52 and restricted to occupancy by individuals or families in accordance 53 with a plan developed and approved by the commissioner of New York state 54 division of homes and community renewal, and any accessory uses asA. 6865--A 3 1 described in the general project plan prepared by the urban development 2 corporation in accordance with the urban development corporation act, 3 including any amendments or modifications thereto, provided that the 4 proportion of space allotted for retail and office purposes shall not 5 exceed the other required uses of such transferred land pursuant to this 6 act. Upon termination of a required use, the people of the state of New 7 York shall have the right to retake the title to such portion of the 8 land and improvements described herein that are not committed to such 9 required uses. In the event of such termination of any required use, 10 during the term of the conveyance instrument, between said corporation 11 and the entity or entities engaged to construct and maintain the 12 improvements, the urban development corporation shall, consistent with 13 the terms and conditions of the instrument of conveyance, provide writ- 14 ten notice to such entity or entities and provide such entity or enti- 15 ties a reasonable opportunity to cure; provided, however, and only with 16 respect to the National Urban League Headquarters and the civil rights 17 museum, the Urban Development Corporation is hereby authorized to 18 approve a comparable community or public use for such land and improve- 19 ments thereon. If the entity or entities fails or is unable to comply 20 with any demand to cure, pursuant to this act, in the manner and time 21 period specified under the terms of the lease or other conveyance 22 instrument, the urban development corporation shall provide written 23 notice to the commissioner of general services within one hundred eighty 24 days thereof, and the commissioner of general services shall request 25 that the attorney general institute an action in the supreme court for a 26 judgment declaring a revesting of such title in the people of the state 27 of New York to the portion of the land and improvements not in compli- 28 ance with the aforesaid use restrictions, or, in lieu of an action seek- 29 ing a judgment declaring a revesting of title as aforesaid, allow the 30 owner of the land and improvements not in compliance with the use 31 restriction, to purchase the reverter interest from the people of the 32 state of New York at the current fair market value of the non-compliant 33 portion of the land less the value of any improvements thereto as deter- 34 mined by independent certified appraisal or appraisals, and less any 35 proportionate consideration previously paid, as shall be defined in the 36 general project plan and lease. 37 § 6. This act shall take effect immediately and the authority of the 38 commissioner of general services to transfer and convey the aforesaid 39 lands and improvements pursuant to this act shall expire two years after 40 such effective date.
