Exhibit,Appendix: In The Matter Of The Application Of The City Of York, To Acquire By Exercise Of Its Powers Of Eminent Domain, Fee Interests In Certain Real Property Known As Tax Block 708, Lot 48; And Fee Interests And A Temporary Easement In Tax Block 710, Lot 11; All Located in the Borough of Manhattan, Required as Part of the HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3 v. None

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                                FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM         INDEX NO. 451121/2023
NYSCEF DOC. NO. 4                                  RECEIVED NYSCEF: 04/19/2023




                       EXHIBIT C
FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM                                                           INDEX NO. 451121/2023
NYSCEF DOC. NO. 4                                                                                  RECEIVED NYSCEF: 04/19/2023




                                                  DEPARTMENT OF CITY PLANNING
                                                       CITY OF NEW YORK

                                                        OFFICE OF THE COUNSEL
          DANIEL R. GARODNICK, Director                                                           WRITER’S DIRECT DIAL
          Department of City Planning                                                             (212) 720-3676

          SUSAN E. AMRON, General Counsel
          ALISON R. MCCABE, Deputy Counsel


          DOMINICK ANSWINI
          JOY KIM
          SHANE MYERS
          ANNA TOO
          JENNIFER BARTHOLOMEW-THOMPSON



          March 23, 2023


          Lincoln Patel, Esq.
          Vice President and General Counsel
          Hudson Yards Development Corporation
          One Liberty Plaza, 14th floor
          New York, New York 10006

                      Re: Acquisition of Portions of Manhattan Block 710, Lot 11
                          within Phase 2 Hudson Boulevard and Park

          Dear Mr. Patel:

                  The Department of City Planning has been informed that the City of New York (the
          “City”) is planning to acquire by eminent domain the portions of Block 710 Lot 11 located
          within the Phase 2 Hudson Boulevard and Park, as that term is defined in Section 93-01 of the
          NYC Zoning Resolution (“ZR”), to facilitate the creation of parkland between West 38th and
          West 39th Streets and 10th and 11th Avenues in Manhattan. The portions of Lot 11 to be
          acquired are referred to herein as the “Lot 11 Acquisition Parcels” and the portion of Lot 11 that
          will not be acquired is referred to herein as the “Lot 11 Remainder”. It is our understanding that
          the City’s acquisition of the Lot 11 Acquisition Parcels will not include the acquisition of any
          “floor area” (as defined in Section 2-10 of the ZR) associated with the Lot 11 Acquisition
          Parcels, which shall remain the property of the current owner of Lot 11, which upon information
          and belief is 528-534 West 39 LLC (such entity, or the actual owner of Tax Block 710, Lot 11, if
          528-534 West 39 LLC is not the owner, the “Owner”). It is our understanding that upon the
          City’s acquisition of the Lot 11 Acquisition Parcels, the acquisition order shall state that the legal
          right of the Owner of the Lot 11 Remainder to use such floor area on the Lot 11 Remainder, or to
          transfer such floor area to a receiving site, both scenarios pursuant to ZR Section 93-32, shall not
          be impaired in any way by the City’s acquisition of the Lot 11 Acquisition Parcels.


                                             120 Broadway, 31st Fl. - New York, N.Y. 10271-3100
                                                          www.nyc.gov/planning
FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM                                                  INDEX NO. 451121/2023
NYSCEF DOC. NO. 4                                                                         RECEIVED NYSCEF: 04/19/2023


          Page 2                                         Letter to HYDC on Block 710, Lot 11    March 23, 2023

                  You have asked whether, after the City acquires a fee interest in the Lot 11 Acquisition
          Parcels, but preserves to the Owner the right to use the floor area associated with those as
          described above, it would be our view that the Owner of the Lot 11 Remainder could use that
          floor area on the Lot 11 Remainder (or any larger zoning lot of which the Lot 11 Remainder is a
          part), or transfer the floor area to a receiving site. It is our view that the Owner of the Lot 11
          Remainder could do either, but both uses must be in accordance with the provisions of paragraph
          (a) of ZR Section 93-32. It is also our view that an application for the transfer of floor area, filed
          with the Chairperson of the City Planning Commission, pursuant to paragraph (a) of ZR Section
          93-32, shall be jointly made by the Owner of the Lot 11 Remainder and the owner of the
          receiving site even if they are one and the same.



          Sincerely,
        t
        t
          Dominick Answini
          Associate Counsel



          Cc:

          Betty Woo, NYC Law Department
          Rochelle Cohen, NYC Law Department
          Michael Chestnov, NYC Law Department
          John Lovejoy, NYC Law Department
          Susan Amron, DCP
          Frank Ruchala, DCP
          Michael Bauscher, Carter Ledyard