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A10586 Summary:

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A10586 Floor Votes:

A10586 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7617                                                 A. 10586
 
                SENATE - ASSEMBLY
 
                                      June 7, 2012
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sen.  SQUADRON -- read twice and ordered
          printed, and when printed to be committed to the Committee on Cities
 
        IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
          A. Millman) -- read once and referred to the Committee on Cities
 
        AN  ACT  authorizing  and  validating the alienation of certain parkland

          known as Empire Fulton Ferry state park  in  accordance  with  letters
          patent  dated  July 8, 2010 from the office of general services to the
          Brooklyn Bridge Park Development Corporation and master  ground  lease
          agreement  dated  as  of  July  29, 2010 for a term of 99 years to the
          Brooklyn Bridge Park Corporation providing for the use of such land as
          a part of the Brooklyn Bridge Park  Civic  and  Land  Use  Improvement
          Project
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  but subject to this act, the alienation and conveyance of the park  land
     3  described  in  section  six of this act, formerly known as Empire Fulton
     4  Ferry state park, in accordance with the terms and conditions of letters

     5  patent dated July 8, 2010 from the office of  general  services  to  the
     6  Brooklyn  Bridge  Park Development Corporation (BBPDC) and master ground
     7  lease agreement dated as of July 29, 2010 for a term of 99 years between
     8  the BBPDC and the Brooklyn Bridge Park Corporation (BBPC) and  all  acts
     9  of the office of parks, recreation and historic preservation, the office
    10  of  general  services, the New York State Urban Development Corporation,
    11  BBPDC and BBPC in relation thereto are hereby authorized and  validated,
    12  notwithstanding  the absence of prior legislative approval to the extent
    13  required.
    14    § 2. Subject to the provisions of this act, the Brooklyn  Bridge  Park
    15  Development  Corporation  and/or the Brooklyn Bridge Park Corporation is
    16  authorized to alienate and discontinue the park land described as Parcel
    17  B in section six of this act and Parcel B may be improved,  constructed,

    18  reconstructed,  used, leased, or otherwise transferred for such purposes
    19  as are consistent with the  Brooklyn  Civic  and  Land  Use  Improvement
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16162-01-2
        S. 7617                             2                           A. 10586
 
     1  Project General Project Plan, as such Plan may be modified in accordance
     2  with the requirements of such Plan. Provided that the lands described in
     3  section  six  of  this  act  as Parcel A shall be used only for park and
     4  recreation purposes as a part of the Brooklyn Bridge Park.
     5    §  3.  The  authorization provided in section two of this act shall be

     6  subject to the requirement that the city of New York dedicate  the  land
     7  described  in  section  seven of this act as park land. In the event the
     8  lands described in section seven of this act are not equal to or greater
     9  than the fair market value of the lands being alienated by this act, the
    10  city of New York shall dedicate the difference between the  fair  market
    11  value of the lands being alienated by this act and the replacement lands
    12  towards  the  acquisition of additional park land and/or improvements to
    13  existing park land in the borough of Brooklyn.
    14    § 4. With respect to the lands described in section six of this act as
    15  Parcel B, to which certain outdoor recreational  restrictions  currently
    16  apply as a condition of funding under the federal land and water conser-
    17  vation  fund  act,  which  funding  was  previously expended for outdoor

    18  recreation improvements at the former Empire  Fulton  Ferry  state  park
    19  property  by  the office of parks, recreation and historic preservation,
    20  the discontinuance of Parcel B as park land as authorized by section two
    21  of this act shall not occur until the National Park Service has approved
    22  a conversion of such park land under such federal land and water conser-
    23  vation fund act, including satisfying the National Park Service that the
    24  conversion complies with all conditions that the National  Park  Service
    25  deems  necessary  to  assure the lands to be substituted shall be equiv-
    26  alent in fair market value and usefulness to the lands being  discontin-
    27  ued as outdoor recreation land.
    28    §  5.  The  lands described in section seven of this act shall be used
    29  for park and recreation purposes as a part of the Brooklyn  Bridge  Park

    30  within the time required by the National Park Service for the completion
    31  of the conversion under the federal land and water conservation fund act
    32  and at such time shall be deemed to be dedicated for park and recreation
    33  purposes without further action.
    34    §  6.  The  existing  park  land subject to the provisions of this act
    35  consists of Parcels A and B as described below. The land  authorized  by
    36  this  act  to  be  alienated  and  discontinued as park land consists of
    37  Parcel B as described below.
    38    Parcel A
    39    ALL those certain plots, pieces or parcels of land with the  buildings
    40  and  improvements  thereon  erected,  situate,  lying  and  being in the
    41  Borough of Brooklyn, County of Kings, City and State of New York, bound-
    42  ed and described as follows:
    43    Beginning at a point on the easterly side of New  Dock  Street,  being

    44  208  feet  6 inches northerly from the corner formed by the intersection
    45  of the northerly side of Water Street with the easterly side of New Dock
    46  Street; running thence easterly along the northerly side of a two  story
    47  brick  building and continuing to and along the northerly side of a four
    48  story brick building and a five story brick building a total distance of
    49  692 feet 5 1/4 inches to a point on the westerly  side  of  Main  Street
    50  which  is  distant 190 feet 2 inches northerly from the corner formed by
    51  the intersection of the northerly side of Water Street with the westerly
    52  side of Main Street, as measured along the westerly side of Main Street;
    53  thence northerly along the westerly side of Main Street and the westerly
    54  side of Main Street if extended to the East River, 478 feet 8-3/4 inches
    55  to the pierhead line of the East  River,  established  in  1857;  thence

    56  southwesterly along the said pierhead line, 825 feet 2-3/8 inches to the
        S. 7617                             3                           A. 10586
 
     1  easterly  side  of  New Dock Street; thence southerly along the easterly
     2  side of New Dock Street, 260 feet 9 3/4 inches to  the  corner,  at  the
     3  point or place of beginning; comprising approximately 6.408 acres.
     4    Parcel B
     5    ALL  those certain plots, pieces or parcels of land with the buildings
     6  and improvements thereon  erected,  situate,  lying  and  being  in  the
     7  Borough of Brooklyn, County of Kings, City and State of New York, bound-
     8  ed and described as follows:
     9    Beginning  at  a  point on the easterly side of New Dock Street, being
    10  208 feet 6 inches northerly from the corner formed by  the  intersection
    11  of the northerly side of Water Street with the easterly side of New Dock

    12  Street;  running thence easterly along the northerly side of a two story
    13  brick building and continuing to and along the northerly side of a  four
    14  story brick building and a five story brick building a total distance of
    15  692  feet  5  1/4  inches to a point on the westerly side of Main Street
    16  which is distant 190 feet 2 inches northerly from the corner  formed  by
    17  the intersection of the northerly side of Water Street with the westerly
    18  side of Main Street, as measured along the westerly side of Main Street;
    19  thence southerly along the westerly side of said Main Street 129 feet 11
    20  inches  to  a  point thereon which is distant 60 feet 3 inches northerly
    21  from the corner formed by the intersection  of  the  northerly  side  of
    22  Water Street with the westerly side of Main Street; thence westerly on a
    23  line  forming an interior angle of 89 degrees 36 minutes 40 seconds with

    24  the westerly side of Main Street, 88  feet;  thence  southerly  parallel
    25  with the westerly side of Main Street, 10 feet; thence westerly parallel
    26  with the northerly side of Water Street, 24 feet 8 inches; thence south-
    27  erly  on  a  line  forming an interior angle of 89 degrees 32 minutes 30
    28  seconds with the northerly side of Water Street, 50 feet to the norther-
    29  ly side of Water Street; thence westerly along  the  northerly  side  of
    30  Water Street 487 feet to the intersection of the northerly side of Water
    31  Street with the easterly side of New Dock Street; thence northerly along
    32  the  easterly  side of New Dock Street 208 feet 6 inches to the point or
    33  place of beginning; comprising approximately 2.651 acres.
    34    § 7. The replacement land required by this act  to  be  added  to  the
    35  Brooklyn  Bridge  Park and used only for park and recreation purposes is
    36  described as follows:

    37    Parcel 1 (Lot 21, Block 7)
    38    ALL that certain plat, piece or parcel  of  land  with  buildings  and
    39  improvements  thereon,  erected, situate, lying and being in the Borough
    40  of Brooklyn, County of Kings, City and State of New York,  more  partic-
    41  ularly bounded and described as follows:
    42    Beginning  at  a point where the northerly line of Plymouth Street, 40
    43  foot wide, intersects the easterly line of Washington  Street,  60  foot
    44  wide;  and from said beginning point running, thence along said easterly
    45  line of Washington Street and a portion  of  Lot  1,  Block  7,  now  or
    46  formerly  reputed  owner  the  City  of  New York, north 02 degrees - 37
    47  minutes - 18 seconds east, a distance of 213.24 feet to a point;  thence
    48  along  the  dividing  line  between  Lot 21 and Lot 1, Block 7, south 23
    49  degrees - 00 minutes - 05 seconds east, a distance of 236.45 feet  to  a

    50  point  on  the  aforementioned northerly line of Plymouth Street; thence
    51  along said northerly line, north 87 degrees - 24 minutes  -  17  seconds
    52  west,  a  distance  of  102.25 feet to the point and place of beginning;
    53  comprising approximately 0.250 acres.
    54    Parcel 2 (Portion of Washington Street)
    55    All that certain plat, piece or parcel  of  land  with  buildings  and
    56  improvements  thereon,  erected, situate, lying and being in the Borough
        S. 7617                             4                           A. 10586
 
     1  of Brooklyn, County of Kings, City and State of New York,  more  partic-
     2  ularly bounded and described as follows:
     3    Beginning  at a point where the easterly line of Washington Street, 60
     4  foot wide, intersects the northerly line of  Plymouth  Street,  40  foot
     5  wide; and from said beginning point running, thence along said northerly

     6  line  of  Plymouth  Street,  north  87 degrees - 24 minutes - 17 seconds
     7  west, a distance of 60.00 feet to a point;  thence  along  the  westerly
     8  line  of  Washington  Street, north 02 degrees - 37 minutes - 18 seconds
     9  east, a distance of 200.00 feet to a point; thence along  the  northerly
    10  terminus  of  Washington  street,  south  87  degrees  - 24 minutes - 17
    11  seconds east, a distance of 60.00 feet to  a  point;  thence  along  the
    12  aforementioned easterly line of Washington Street, south 02 degrees - 37
    13  minutes  -  18  seconds west, a distance of 200.00 feet to the point and
    14  place of beginning; comprising approximately 0.275 acres.
    15    Parcel 3 (portion of Lot 1, Block 7)
    16    ALL that certain plat, piece or parcel  of  land  with  buildings  and
    17  improvements  thereon,  erected, situate, lying and being in the Borough

    18  of Brooklyn, County of Kings, City and State of New York,  more  partic-
    19  ularly bounded and described as follows:
    20    Beginning at a point on the northerly line of Plymouth Street, 40 foot
    21  wide,  said point being south 87 degrees - 24 minutes - 17 seconds east,
    22  a distance of 102.25 feet as  measured  along  said  northerly  line  of
    23  Plymouth Street from its intersection with the easterly line of Washing-
    24  ton  Street, 60 foot wide; and from said beginning point running, thence
    25  along the dividing line between Lot 1 and Lot  21,  Block  7,  north  23
    26  degrees  -  00 minutes - 05 seconds west, a distance of 126.21 feet to a
    27  point; thence the following six (6) courses through the bounds of Lot 1,
    28  Block 7, now or formerly reputed owner the City of New York:
    29    Along the existing northerly line of a one story masonry building  and

    30  the  northerly face of concrete wall, north 66 degrees - 50 minutes - 39
    31  seconds east, a distance of 96.97 feet to  a  point;  thence  continuing
    32  along  the  northerly  face of said concrete wall, north 71 degrees - 04
    33  minutes - 57 seconds east, a distance of 20.79 feet to a point of curva-
    34  ture; thence continuing along the northerly and easterly  face  of  said
    35  concrete wall, along a curve to the right, having a radius of 8.73 feet,
    36  turning  a central angle of 65 degrees - 00 minutes - 10 seconds, an arc
    37  length of 9.91 feet, the chord of which bears  south  73  degrees  -  21
    38  minutes  -  49 seconds east, a chord distance of 9.39 feet to a point of
    39  compound curvature; thence continuing along the easterly  face  of  said
    40  concrete  wall,  along  a  curve  to the right, having a radius of 50.50
    41  feet, turning a central angle of 33 degrees - 25 minutes -  11  seconds,

    42  an arc length of 29.46 feet, the chord of which bears south 24 degrees -
    43  09  minutes - 09 seconds east, a chord distance of 29.04 feet to a point
    44  of tangency; thence continuing along the same, south  03  degrees  -  57
    45  minutes  -  58 seconds east, a distance of 25.10 feet to a point; thence
    46  continuing along the same, south 02 degrees - 36 minutes  -  21  seconds
    47  west,  a distance of 110.43 feet to a point on the aforementioned north-
    48  erly line of Plymouth Street; thence along said northerly line, north 87
    49  degrees - 24 minutes - 17 seconds west, a distance of 77.18 feet to  the
    50  point and place of beginning; comprising approximately 0.358 acres.
    51    § 8. This act shall take effect immediately.