Bill Text: NY A07938 | 2011-2012 | General Assembly | Introduced


Bill Title: Authorizes the city of New York to discontinue the use as parkland of a parcel of land that is a part of Lost Battalion Hall park in the borough of Queens and to transfer such land to Alexander's of Rego Park III, Inc. in exchange for the transfer to the city by Alexander's of Rego Park III, Inc. of certain parcels of land contiguous to Lost Battalion Hall park, to be dedicated by such city as parkland.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-06-17 - substituted by s5501 [A07938 Detail]

Download: New_York-2011-A07938-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7938
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 25, 2011
                                      ___________
       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Cities
       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:
    1    Section 1. Subject to the provisions of this  act,  the  city  of  New
    2  York,  acting by and through the commissioner of parks and recreation of
    3  such city, is authorized to discontinue the use  as  parkland  the  land
    4  described  in  section  three  of  this act and to transfer such land to
    5  Alexander's of Rego Park III, Inc. in exchange for  certain  parcels  of
    6  land, described in section four of this act, that are contiguous to Lost
    7  Battalion  Hill  park  in  the borough of Queens. Such exchange shall be
    8  made upon such terms and conditions as shall be agreed upon between  the
    9  parties.
   10    S  2.  The  authorization provided in section one of this act shall be
   11  conditioned on the city of New York dedicating as parkland  the  parcels
   12  of   land,  described  in  section  four  of  this  act,  acquired  from
   13  Alexander's of Rego Park III, Inc. In the event  that  the  fair  market
   14  value  of  the land acquired from Alexander's of Rego Park III, Inc. and
   15  dedicated as parkland is not equal to or greater than  the  fair  market
   16  value  of the discontinued parkland, the city of New York shall dedicate
   17  the difference between the fair market value of the  discontinued  park-
   18  land  and the fair market value of the dedicated parkland for the acqui-
   19  sition of additional parkland and/or for capital improvements to  exist-
   20  ing park and recreational facilities within the borough of Queens.
   21    S  3.  The  land  to  be  discontinued  as parkland and transferred to
   22  Alexander's of Rego Park III, Inc. is a part of Block 2077 Lot 50 &  Bed
   23  of  former  62nd  Avenue  in  the  borough  of  Queens more particularly
   24  described as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11729-01-1
       A. 7938                             2
    1    ALL that certain plot, piece or parcel  of  land  situate,  lying  and
    2  being  in  the Borough and County of Queens, City and State of New York,
    3  bounded and described as follows:
    4    BEGINNING  at a point the following two courses and distances from the
    5  corner formed by the intersection of  the  northeasterly  side  of  93rd
    6  Street (50 feet wide) with the southerly side of Horace Harding Express-
    7  way (Irregular width);
    8    1.  THENCE southeasterly, along the northeasterly side of 93rd Street,
    9  282.12 feet to a point;
   10    2. THENCE easterly, along a line forming an angle  of  59  degrees  20
   11  minutes  47 seconds on the southeast with the northeasterly side of 93rd
   12  street, 102.20 feet to the centerline of former 62nd Avenue,  the  point
   13  or place of BEGINNING.
   14    RUNNING  THENCE  northeasterly,  along  the  centerline of former 62nd
   15  Avenue and along a line forming an angle of 146 degrees  17  minutes  17
   16  seconds  on the northwest with the last mentioned course, 168.58 feet to
   17  a point;
   18    RUNNING THENCE southeasterly, along a line forming  an  angle  of  118
   19  degrees  08  minutes 39 seconds on the southeast with the last mentioned
   20  course, 28.35 feet to a point;
   21    RUNNING THENCE northeasterly, along a line forming  an  angle  of  241
   22  degrees  51  minutes 21 seconds on the southeast with the last mentioned
   23  course, 112.86 feet to a point;
   24    RUNNING THENCE southerly, along a line forming an angle of 53  degrees
   25  29  minutes  07 seconds on the southwest with the last mentioned course,
   26  71.46 feet to a point;
   27    RUNNING THENCE southerly, along a line forming an angle of 191 degrees
   28  15 minutes 11 seconds on the southwest with the last  mentioned  course,
   29  29.32 feet to a point;
   30    RUNNING THENCE southerly, along a line forming an angle of 174 degrees
   31  05  minutes  52 seconds on the southwest with the last mentioned course,
   32  34.19 feet to a point;
   33    RUNNING THENCE southwesterly, along a line forming  an  angle  of  132
   34  degrees  21  minutes 38 seconds on the southwest with the last mentioned
   35  course, 11.76 feet to a point;
   36    RUNNING THENCE westerly, along a line forming an angle of 135  degrees
   37  05  minutes  29 seconds on the northwest with the last mentioned course,
   38  253.12 feet to the point or place of BEGINNING.
   39    Said parcel containing approximately .438 acre more or less.
   40    S 4. The land to be acquired by the city of New York from  Alexander's
   41  of  Rego Park III, Inc. and dedicated as parkland is two parcels of land
   42  in the borough of Queens as follows:
   43                                  Parcel 1
   44    A part of Block 2076 Lot 50 & Bed of former 62nd Avenue, more  partic-
   45  ularly described as follows:
   46    ALL  that  certain  plot,  piece  or parcel of land situate, lying and
   47  being in the Borough and County of Queens, City and State of  New  York,
   48  bounded and described as follows:
   49    BEGINNING at a point on the northeasterly side of 93rd Street (50 feet
   50  wide)  distant  282.12  feet southeasterly from the corner formed by the
   51  intersection of the northeasterly side of 93rd Street with the southerly
   52  side of Horace Harding Expressway (Irregular width);
   53    RUNNING THENCE easterly, along a line forming an angle of  59  degrees
   54  20  minutes  47  seconds on the southeast with the northeasterly side of
   55  93rd Street, 102.20 feet to the centerline of former 62nd Avenue;
       A. 7938                             3
    1    RUNNING THENCE southwesterly, along  the  centerline  of  former  62nd
    2  Avenue  and  along  a  line forming an angle of 33 degrees 42 minutes 43
    3  seconds on the southwest with the last mentioned course, 88.04  feet  to
    4  the northeasterly side of 93rd Street;
    5    RUNNING  THENCE  northwesterly,  along  the northeasterly side of 93rd
    6  Street, 56.80 feet to the point or place of BEGINNING.
    7    Said parcel containing approximately .057 acre more or less.
    8                                  Parcel 2
    9    A part of Block 2077 Lot 98, more particularly described as follows:
   10    All that certain plot, piece or parcel  of  land  situate,  lying  and
   11  being  in  the Borough and County of Queens, City and State of New York,
   12  bounded and described as follows:
   13    Beginning at a point on the westerly side of  Junction  Boulevard  (80
   14  feet  wide)  distant 277.74 feet southerly from the corner formed by the
   15  intersection of the westerly side of Junction Boulevard with the  south-
   16  erly side of Horace Harding Expressway (Irregular width);
   17    RUNNING THENCE westerly, at right angles to the westerly side of Junc-
   18  tion Boulevard, 112.11 feet to a point;
   19    RUNNING  THENCE  southwesterly,  along  a line forming an angle of 135
   20  degrees 05 minutes 29 seconds on the southeast with the  last  mentioned
   21  course, 173.33 feet to a point;
   22    RUNNING  THENCE  northeasterly,  along  a  line forming an angle of 09
   23  degrees 40 minutes 26 seconds on the northeast with the  last  mentioned
   24  course, 36.52 feet to a point;
   25    RUNNING THENCE easterly, at right angles to the westerly side of Junc-
   26  tion Boulevard, 205.04 feet to the westerly side of Junction Boulevard;
   27    RUNNING  THENCE  northerly, along the westerly side of Junction Boule-
   28  vard, 101.30 feet to the point or place of BEGINNING.
   29    Said parcel containing approximately .381 acre more or less.
   30    S 5. If the parkland that is the subject  of  this  act  has  received
   31  funding  pursuant  to  the federal land and water conservation fund, the
   32  discontinuance of parkland authorized by  the  provisions  of  this  act
   33  shall not occur until the city of New York has complied with the federal
   34  requirements pertaining to the conversion of parklands, including satis-
   35  fying the secretary of the interior that the discontinuance will include
   36  all  conditions  which  the secretary of the interior deems necessary to
   37  assure the substitution of other  lands  shall  be  equivalent  in  fair
   38  market  value  and recreational usefulness to the lands being discontin-
   39  ued.
   40    S 6. This act shall take effect immediately.
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