Bill Text: NY A08238 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Authorizes the city of New York to sell waterfront property in the Broad channel area.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CITIES [A08238 Detail]

Download: New_York-2019-A08238-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8238

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 10, 2019
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Cities

        AN ACT to amend chapter 239 of the laws of 1995, relating to authorizing
          the city of New York to sell waterfront property  including  the  land
          under  water  appurtenant thereto owned by or which may be acquired in
          the future by such city in the lands known as  Broad  channel  in  the
          borough of Queens, in relation to sale of certain land

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Sections 1, 2, 3 and 4 of chapter 239 of the laws of  1995,
     2  relating to authorizing the city of New York to sell waterfront property
     3  including the land under water appurtenant thereto owned by or which may
     4  be acquired in the future by such city in the lands known as Broad chan-
     5  nel in the borough of Queens, sections 2 and 3 as amended by chapter 177
     6  of the laws of 2000, are amended to read as follows:
     7    Section  1.  Notwithstanding any inconsistent provisions of section 20
     8  of the general city law or section 383 of  the  New  York  city  charter
     9  restricting  the alienation of waterfront property and land under water,
    10  the city of New York is hereby authorized to sell and convey all or  any
    11  part  of  the right, title, and interest which the city now has or which
    12  it may hereafter acquire by virtue of in rem tax foreclosure proceedings
    13  in the lands known as "Broad channel"[, tax  blocks  15300  through  and
    14  including tax block 15500 on the tax map of the city of New York for the
    15  borough of Queens] as defined in section three of this act.
    16    Except  as otherwise provided in [sections] section two [and three] of
    17  this act, the sale of such lands shall be subject to section 384 of  the
    18  New York city charter.
    19    § 2. [Notwithstanding any inconsistent provision of section 384 of the
    20  New  York  city charter and subject to review pursuant to sections 197-c
    21  and 197-d of the New York city charter, for a period of six years  after
    22  the effective date of this act, the mayor of such city may authorize the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13218-02-9
        A. 8238                             2

     1  sale,  without  competitive  bidding and for such consideration and upon
     2  such terms and conditions as shall be determined by the  mayor  of  such
     3  city,  of the city's right, title, and interest in any parcel or parcels
     4  of the property described in section one of this act which on August 19,
     5  1982  was  subject to a leasehold: (i) to a person who was the lessee of
     6  such parcel on such date or his or  her  heirs,  successors  or  assigns
     7  ("lessee"), or (ii) if the lessee cannot be located, to the owner of the
     8  improvements situated on such parcel who would otherwise qualify to be a
     9  tenant  of  the  city  for  such property at the time of sale ("owner of
    10  improvements"), or (iii) if the lessee and owner of improvements  cannot
    11  be located, to an occupant in possession of such parcel who would other-
    12  wise qualify to be a tenant of the city for such property at the time of
    13  the sale of said parcel pursuant to this section.
    14    § 3.] Notwithstanding any inconsistent provision of section 384 of the
    15  New  York  city charter and subject to review pursuant to sections 197-c
    16  and 197-d of the New York city charter, [for a period of six years after
    17  the effective date of this act,]  and for a period of five  years  after
    18  the effective date of the chapter of the laws of 2019 which amended this
    19  section,  the  mayor  of  such city may authorize the sale of the city's
    20  right, title, and interest in any parcel  or  parcels  of  the  property
    21  described  in  section  [one]  three  of this act which is adjacent to a
    22  privately owned parcel, without competitive bidding and for such consid-
    23  eration and upon such terms and conditions as shall be determined by the
    24  mayor of such city,  to  the  owner  of  such  privately  owned  parcel,
    25  provided  that  (i) if the privately owned parcel was purchased from the
    26  municipality prior to the effective date  of  this  act,  the  adjoining
    27  parcel  shall  not  exceed  three  thousand  square feet, or (ii) if the
    28  privately owned parcel was purchased from  the  municipality  after  the
    29  effective  date  of  this act, the adjoining parcel shall not exceed the
    30  area of privately owned parcel which was or is being purchased.
    31    § 3. The lands authorized by this act to be sold and conveyed  are  as
    32  follows:
    33    All  that certain tract or parcel of land, located in the beds of East
    34  12th Road and Church Road, in the Borough of Queens, City and  State  of
    35  New York, bounded and more particularly described as follows:
    36    BEGINNING at a point in the southerly line and the southwest corner of
    37  Lot  49 in Block 15475 and whose New York LI ZONE 3104 NAD83 State Plane
    38  Coordinates are North 159,520.3753 and East  1,034,425.6366  (US  Survey
    39  Feet),  said  point  being  located  the  following two courses from the
    40  intersection of the easterly line of Cross Bay  Boulevard  (110.00  feet
    41  wide) with the southerly line of East 12th Road;
    42    A.  Along  the  southerly  line of East 12th Road, South 83 Degrees 25
    43  Minutes 00 Seconds East (calculated), 93.67 feet (calculated) to a point
    44  and thence,
    45    B. North 06 Degrees 35 Minutes 00  Seconds  East  (calculated),  18.00
    46  feet (calculated) to the point or place of beginning and running; thence
    47    1. Along the southerly line of Lot 49 in Block 15475, South 83 Degrees
    48  25  Minutes  00 Seconds East (calculated) a distance of 34.00 feet (Deed
    49  and Tax Map) to a point on the easterly line of Lot 49 in  Block  15475;
    50  thence
    51    2.  Along  the easterly line of Lot 49 in Block 15475, North 6 Degrees
    52  35 Minutes 00 Seconds East (calculated) a distance of 12.00  feet  (Deed
    53  and  Tax  Map) to a point on the southerly line of Lot 1 in Block 15475,
    54  said point also being on the northerly side of East 12th Road; thence
    55    3. Along the northerly side of East 12th Road,  South  83  Degrees  25
    56  Minutes  00  Seconds East (calculated) a distance of 247.33 feet (calcu-
        A. 8238                             3

     1  lated) to a point on the westerly side of Church Road, said point  being
     2  the southeast corner of Lot 1 in Block 15476; thence
     3    4. Along the westerly side of Church Road also being the easterly line
     4  of  Lot  1  in  Block  15476, North 6 Degrees 35 Minutes 00 Seconds East
     5  (calculated) a distance of 189.84 feet (calculated) to a  point  on  the
     6  High  Water  Line  (as  shown on the Tax Map Sheet 22 Dated 01/01/1967),
     7  said line being also the southerly line  of  Lot  500  in  Block  15500;
     8  thence
     9    Along  the  High  Water  Line  (as shown on the Tax Map Sheet 22 Dated
    10  01/01/1967) being also the southerly line of Lot 500 in Block 15500  and
    11  the northerly limit of Church Road, the following  four courses:
    12    5.  South 1 Degrees 24 Minutes 11 Seconds West (calculated) a distance
    13  of 14.68 feet (calculated) to a point; thence
    14    6. South 17 Degrees 56 Minutes 54 Seconds East (calculated) a distance
    15  of 5.82 feet (calculated) to a point; thence
    16    7. South 45 Degrees 51 Minutes 08 Seconds East (calculated) a distance
    17  of 12.32 feet (calculated) to a point; thence
    18    8. South 49 Degrees 43 Minutes 29 Seconds East (calculated) a distance
    19  of 13.81 feet (calculated) to a point on the westerly line of Lot 300 in
    20  Block 15500; thence
    21    9. Along the westerly line of Lot 300 in block 15500, South 6  Degrees
    22  35 Minutes 00 Seconds West (calculated) a distance of 28.36 feet (calcu-
    23  lated)  to  a  point  on  the  southerly line of Lot 300 in Block 15500;
    24  thence
    25    10. Along the southerly line of  Lot  300  in  Block  1500,  South  83
    26  Degrees  25 Minutes 00 Seconds East (calculated) a distance of 5.00 feet
    27  (Calculated) to a point on the westerly line of Lot 27 in  Block  15500;
    28  thence
    29    11. Along the westerly line of Lots 27 and 500 in Block 15500, South 6
    30  Degrees 35 Minutes 00 Seconds West (calculated) a distance of 50.49 feet
    31  (Deed  and  Tax Map) to a point on the northerly line of Lot 25 in Block
    32  15500; thence
    33    12. Along the northerly line of  Lot  25  in  Block  15500,  North  83
    34  Degrees 25 Minutes 00 Seconds West (calculated) a distance of 10.00 feet
    35  (Deed  and  Tax  Map) to a point on the westerly line of Lot 25 in Block
    36  15500; thence
    37    13. Along the westerly line of Lot 25 in Block 15500, South 6  Degrees
    38  35  Minutes  00 Seconds West (calculated) a distance of 12.63 feet (Deed
    39  and Tax Map) to a point on the southerly line of Lot 25 in Block  15500;
    40  thence
    41    14.  Along  the  southerly  line  of  Lot  25 in Block 15500, South 83
    42  Degrees 25 Minutes 00 Seconds East (calculated) a distance of 10.00 feet
    43  (Deed and Tax Map) to a point on the westerly line of Lot  24  in  Block
    44  15500; thence
    45    15.  Along the westerly line of Lot 24 in Block 15500, South 6 Degrees
    46  35 Minutes 00 Seconds West (calculated) a distance of 37.88  feet  (Deed
    47  and  Tax Map) to a point on the northerly line of Lot 23 in Block 15500;
    48  thence
    49    16. Along the northerly line of  Lot  23  in  Block  15500,  North  83
    50  Degrees 25 Minutes 00 Seconds West (calculated) a distance of 10.00 feet
    51  (Deed) to a point on the westerly line of Lot 23 in Block 15500; thence
    52    17.  Along  the  westerly  line of Lots 23, 21, 20, 19 and 18 in Block
    53  15500, South 6  Degrees  35  Minutes  00  Seconds  West  (calculated)  a
    54  distance  of  168.25  feet (Deed and Tax Map) to the southwest corner of
    55  Lot 18 in Block 15500; thence
        A. 8238                             4

     1    18. Westerly and thru Church Road, North  83  Degrees  25  Minutes  00
     2  Seconds  West  (calculated)  a  distance of 20.00 feet (calculated) to a
     3  point on the westerly side of Church Road; thence
     4    19. Along the westerly side of Church Road North 6 Degrees, 35 Minutes
     5  00 Seconds East (calculated) a distance of 112.87 feet (calculated) to a
     6  point on the southerly side of East 12th Road; thence
     7    20.  Along  the  southerly side of East 12th Road, North 83 Degrees 25
     8  Minutes 00 Seconds West (calculated) a distance of 281.33  feet  (calcu-
     9  lated) to a point on the northerly side of Lot 23 in Block 15477; thence
    10    21.  Northerly  and thru East 12th Road, North 6 Degrees 35 Minutes 00
    11  Seconds East (calculated) a distance of 18.00 feet (calculated)  to  the
    12  POINT and PLACE OF BEGINNING.
    13    Containing  an area of 15,245 square feet or 1.070 acres of land, more
    14  or less.
    15    § 4. Any proposed sale pursuant to [section one, two or three of] this
    16  act shall be reviewed, where required by law, for consistency  with  any
    17  waterfront  revitalization program, including the public access policies
    18  thereof, adopted by the city pursuant to section 915  of  the  executive
    19  law.
    20    § 2. This act shall take effect immediately.