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FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of :
:
THE CITY OF NEW YORK,
: Index No.: ______________
Petitioner, :
:
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
: NOTICE OF PENDENCY OF
and a Temporary Easement in Tax Block 710, Lot
: CONDEMNATION
11; all Located in the Borough of Manhattan,
: PROCEEDING
Required as Part of the
:
:
HUDSON PARK AND BOULEVARD PROJECT,
:
PHASE 2, STAGE 3.
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NOTICE IS HEREBY GIVEN, pursuant to §402(B)(1) of the New York State Eminent
Domain Procedure Law, that upon the Petition of the CITY OF NEW YORK (the “City”), a
condemnation proceeding will be commenced in this Court for the acquisition of title in fee
simple absolute to (a) Tax Block 708, Lot 48 (Damage Parcel 1); and (b) portions of Tax Block
710, Lot 11 located within the Phase 2 Hudson Boulevard and Park (as that term is defined in the
NYC Zoning Resolution) (Damage Parcels 2 and 3) (collectively, the “Stage 3 Fee Acquisition
Parcels”); and the acquisition of a five-year temporary easement in the portion of Tax Block 710,
Lot 11 that is not being acquired in fee simple absolute (westerly portion) and that is located
outside the Phase 2 Hudson Boulevard & Park (Damage Parcel 4) (the “Temporary Easement
Parcel,” which together with the Stage 3 Fee Acquisition Parcels shall be referred to herein as the
“Stage 3 Acquisition Parcels”). The Stage 3 Acquisition Parcels are described by metes and
bounds in Schedule A, annexed hereto and made a part hereof. The City’s acquisition of the
Stage 3 Acquisition Parcels shall include the acquisition of any improvements that are located on
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a Stage 3 Acquisition Parcel but that extend beyond any property line of such Stage 3
Acquisition Parcel.
The City’s acquisition of the five-year temporary easement over the Temporary Easement
Parcel shall give the City the right to (i) demolish and remove the building currently on Block
710, Lot 11, including any foundations, footings and the like that are located below grade, and
including any portions of the building that may extend beyond any property line of Block 710,
Lot 11 (the “Building”), (ii) fill any subgrade area of the Temporary Easement Parcel that had
been occupied by a portion of the Building so that the entire Temporary Easement Parcel is at
grade level; and (iii) use the Temporary Easement Parcel for construction staging purposes
related to the construction of Phase 2 of Bella Abzug Park and Hudson Boulevard.
At the conclusion of the easement term, the City shall return the Temporary Easement
Parcel, except that the Building shall have been removed, and with respect to any subgrade area
that the City fills during the term of the easement, the City shall return such area with the fill in
place and with the Temporary Easement Parcel at the level of the adjacent street curb.
The City’s acquisition of interests in Tax Block 710, Lot 11 shall not include the
acquisition of any development rights based on “floor area” (as the term “floor area” is defined
in Section 12-10 of the NYC Zoning Resolution) (“Zoning Floor Area” or “ZFA”) associated
with the areas of Damage Parcels 2 and 3 (located within Hudson Park & Boulevard), which
development rights shall remain the property of the current owner of those areas, 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”). Upon the City’s
acquisition of Damage Parcels 2 and 3, the legal right of the Owner to use such +/- 22,925 square
feet of Zoning Floor Area on the remaining portion of Tax Block 710, Lot 11, or to transfer such
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ZFA to a receiving site, pursuant to section 93-32 of the Zoning Resolution, shall not be
impaired in any way by the City’s acquisition of interests in Tax Block 710, Lot 11.
The City’s acquisition of interests in Tax Block 710, Lot 11 shall also be subject to all
right, title, and interest of Amtrak, which were remised, released, and quitclaimed unto Amtrak
pursuant to a Deed and Indenture, from CRC Properties, Inc., dated June 27, 1986, and recorded
in the Office of the City Register, New York County, in Reel 1203, Page 1015 (the “Amtrak
Deed”), which is attached as Exhibit C to the City’s Verified Petition, dated April 19, 2023 (the
“Petition”).
Specifically, the City’s acquisition of Tax Block 710, Lot 11 shall be subject to Amtrak’s
right, title and interest in the line of railroad specifically described in the Amtrak Deed, and more
commonly known as the Empire Line.
Upon acquisition of the Stage 3 Acquisition Parcels, the City shall obtain, under and
subject to the terms and conditions of the Amtrak Deed, the rights and obligations of the
“Developer” of Tax Block 710, Lot 11, as the term “Developer” is defined and used in the
Amtrak Deed (including Exhibit A to the Amtrak Deed).
The following interests are also excluded from the acquisition of the Stage 3 Acquisition
Parcels:
(a) All right, title and interest of the New York City Transit Authority in and
to the following property, if and to the extent located within the property being
acquired: (1) routes, tracks, tunnels, switches, sidings, extensions, connections,
platforms, structures, or terminals; (2) wires, conduits, pipes, ducts, telephones,
signal and other communication or service facilities; (3) columns, footings,
bracings, foundations and other structural members; and (4) any other devices,
equipment and facilities used in connection with the operation or maintenance of
the subway system;
(b) Public and governmental utility facilities having a physical manifestation
within the area being acquired; all recorded easements, licenses, and other
agreements, if any, for such public and governmental utility facilities; and
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reasonable rights of access to such public and governmental utility facilities
necessary for the maintenance, operation, repair, replacement or use of the same
whether or not embodied in recorded instruments;
(c) So long as they stand, walls of buildings built on property not being
acquired, which encroach on property within the acquisition lines as such lines are
shown on the Acquisition Map, and any cornices or lintels which encroach on
property within the acquisition lines as such lines are shown on the Acquisition
Map.
Nothing in the Petition is meant to modify, diminish or in any way impact
Amtrak’s right, title and interest under the Amtrak Deed or Amtrak’s ability to operate its
Empire Line as currently configured on the Stage 3 Acquisition Parcels.
The names of owners of the Stage 3 Acquisition Parcels, or other persons who may have
an interest in the Stage 3 Acquisition Parcels, are set forth in Schedule B, annexed hereto and
made a part hereof. If there are other persons having an interest in the Stage 3 Acquisition
Parcels, their names are unknown to the City and its counsel.
The property sought to be acquired by the City in the condemnation proceeding
referenced above is in the area generally bounded by Tenth and Eleventh Avenues, from West
36h to West 39th Streets, all in the Borough of Manhattan, City, County and State of New York.
[Signature page follows]
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HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3
BOROUGH OF MANHATTAN
SCHEDULE A
METES AND BOUNDS DESCRIPTIONS OF
STAGE 3 ACQUISITION PARCELS
DAMAGE PARCEL 1
BLOCK 708 LOT 48
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the southerly side of West 37th Street (60’ wide), distant
325.00 feet westerly from the corner formed by the intersection of the southerly side of
West 37th Street with the westerly side of 10th Avenue (100’ wide) and running thence;
Southerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to the
centerline of the block between West 37th Street and West 36th Street (60’ wide), thence;
Westerly along said centerline and parallel with said southerly side of West 37th Street,
25.00 feet to a point, thence;
Northerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to a
point on the southerly side of West 37th Street, thence;
Easterly along said southerly side of West 37th Street 25.00 feet to the Point or Place of
BEGINNING.
Encompassing an area of 2,469 square feet more or less.
DAMAGE PARCEL 2
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the southerly side of west 39th Street (60’ wide), distant
363.26 feet easterly from the corner formed by the southerly side of West 39th Street with
the easterly side of 11th Avenue (100’ wide) and running thence;
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Easterly along said southerly side of West 39th Street 36.74 feet to a point, thence;
Southerly along a line parallel with the easterly side of 11th Avenue, 45.42 feet to a point,
thence;
Easterly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a
point, thence;
Southerly along a line parallel with said easterly side of 11th Avenue, 7.00 feet to a point,
thence;
Westerly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a
point, thence;
Southerly along a line parallel with said easterly side of 11th avenue, 46.33 feet to the
centerline of the block between West 38th Street and West 39th Street, thence
Westerly along said centerline and parallel with said southerly side of West 39th Street,
47.86 feet to a point, thence;
Thence northerly along a line forming an interior angle of 83° 34’ 25” with the previous
course, 99.37 feet to the aforementioned southerly side of West 39th Street and the Point
or Place of BEGINNING.
Encompassing an area of 4,226 square feet more or less.
DAMAGE PARCEL 3
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant
341.01 feet easterly from the corner formed by the northerly side of West 38th Street with
the easterly side of 11th Avenue (100’ wide) and running thence;
Northerly along a line forming an exterior angle of 96° 25’ 35” with the previous course
80.28’ to a point, thence
Southerly along a line forming an interior angle of 06° 25’ 35” with the previous course
and parallel with said easterly side of 11th Avenue, 79.77 feet to the northerly side of
West 38th Street, thence;
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Westerly along said northerly side of West 38th Street, 8.99 feet to the Point or Place of
BEGINNING.
Encompassing an area of 359 square feet more or less.
DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL)
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant
250.00 feet easterly from the corner formed by the northerly side of West 38th Street with
the easterly side of 11th Avenue (100’ wide) and running thence;
Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to the
centerline of the block between West 38th Street and West 39th Street (60’ wide), thence;
Easterly along said centerline and parallel with said northerly side of West 38th Street
50.00 feet to a point, thence;
Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to a point
on the southerly side of West 39th Street, thence;
Easterly along said southerly side of West 39th Street, 63.26 feet to a point, thence;
Southerly along a line forming an interior angle of 83° 34’ 25” with the previous course,
99.37 feet to the centerline of the block between West 38th Street and West 39th Street,
thence
Westerly along said centerline and parallel with said southerly side of West 39th Street,
2.14 feet to a point, thence;
Thence southerly along a line parallel with said easterly side of 11th Avenue, 18.98 feet to
a point, thence;
Southerly along a line forming an interior angle of 173° 34’ 25” with the previous course,
80.28 feet to a point on the aforementioned northerly side of west 38th Street, thence
Westerly along the said northerly side of West 38th Street 91.01 feet to the Point or Place
of beginning.
Encompassing an area of 15,214 square feet more or less.
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HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3
BOROUGH OF MANHATTAN
SCHEDULE B
PART 1 – TAXPAYERS OF RECORD OF STAGE 3 ACQUISITION PARCELS
BLOCK LOT NAME AND ADDRESS
708 48 J.P. and V. Holdings LLC
522 W. 37th Street
New York, NY 10018
710 11 528-534 West 39 L.L.C.
c/o Rockrose Development Corp.
15 East 26th Street, 7th Floor
New York, NY 10010
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HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3
BOROUGH OF MANHATTAN
SCHEDULE B
PART 2 – LAST OWNERS, OR PARTIES WHO MAY HAVE AN INTEREST IN
THE PROCEEDING
BLOCK LOT NAME AND ADDRESS
708 48 JP and V Holdings LLC
2254 84th Street
Brooklyn, NY 11214
708 48 JP and V Holdings LLC
2257 84th Street
Brooklyn, NY 11214
708 48 JP & V Holdings LLC
522 West 37th Street
New York, NY 10018
708 48 522w37.com
522 West 37th Street
2nd Floor
New York, NY 10018
708 48 Americar Transportation L.L.C.
522 West 37th Street
New York, NY 10018
708 48 Arcoba Jewelry
522 West 37th Street, Suite #100
New York, NY 10018
708 48 Brooklyn Real Property, Inc.
Suite #200
522 West 37th Street
New York, NY 10018
708 48 BRP Associates, Inc.
Suite #201
522 West 37th Street
New York, NY 10018
708 48 BRP Associates, Inc.
522 West 37th Street
New York, NY 10018
708 48 BRP Building / Brooklyn Real Property, Inc.
522-524 West 37th Street
New York, NY 10018
708 48 City Outdoor
5 Penn Plaza
Madison Square Garden
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23rd Floor
New York, NY 10001
708 48 Daniel Samandarov
Americar
522 West 37th Street
New York, NY 10018
708 48 Group Americar Transport
522 West 37th Street
New York, NY 10018
708 48 Jeanette Larrequi
522 West 37 Street
New York, NY 10018
708 48 John Walton
522 West 37th Street
New York, NY 10018
708 48 Joshua H. Rikon, Esq.
Ashley Levi, Esq.
Goldstein, Rikon, Rikon & Levi, P.C.
381 Park Ave South, Suite 901
New York, New York 10016
708 48 Juan Cruz
522 West 37 Street
New York, NY 10018
708 48 Kacey Habsberg
522 West 37th Street Floor 1
New York, NY 10018
708 48 KJC International
522 West 37th Street
New York, NY 10018
708 48 Leonard Dabreau
522 West 37 Street
New York, NY 10018
708 48 Licensed Real Estate Broker Jean Paul Ho
522 West 37th Street
New York, NY 10018
708 48 Mamadou Diallo
522 West 37 Street
New York, NY 10018
708 48 Manhattan Aquariums
522 West 37th Street
New York, NY 10018
708 48 Mike Park
522 West 37th Street
New York, NY 10018
708 48 New York Aquarium Service
522 West 37th Street
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New York, NY 10018
708 48 Ridgewood Savings Bank
1981 Marcus Avenue, Suite 110
Lake Success, NY 11042
708 48 Rudolph Samandarov
75-67 195th Street
Flushing, NY 11366
708 48 Rudolph Samandarov
718 3rd Avenue
Brooklyn, NY 11232
710 11 528-534 West 39 L.L.C.
c/o Rockrose Development L.L.C.
15 East 26th Street, 7th Floor
New York, NY 10010
710 11 555 West 38 L.L.C.
c/o Rockrose Development L.L.C.
15 East 26th Street, 7th Floor
New York, NY 10010
710 11 A1 Collision NY
537 West 38th Street
New York, NY 10018
710 11 A-1 NY Collision
528 West 39th Street
New York, NY 10018
710 11 A-1 Towing & Auto Repair Inc.
528 West 39th Street
New York, NY 10018
710 11 A1 Towing NYC
528 West 39th Street
New York, NY 10018
710 11 All Magic Automotive, Inc.
537 West 38th Street
New York, NY 10018
710 11 All Magic Automotive, Inc.
518 W 44th St
New York, NY 10036
710 11 Harvard Group Corp.
528 West 39th Street
New York, NY 10018
710 11 Jacques Rosas
528 West 39th St.
New York, NY 10018
710 11 Kenneth Applebaum, Esq.
Applebaum Katz Brodsky PLLC
112 West 34th Street
New York, NY 10120
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710 11 Manhattan Checker Management Corp
528 West 39th Street
New York, NY 10018
710 11 Manhattan Checker Management Corp
537 West 38th Street
New York, NY 10018
710 11 Mercedes Benz Manhattan Inc.
770 11th Ave.
New York, NY 10019-5007
710 11 Metropolitan Transportation Authority
2 Broadway 4th floor
New York, NY 10004
710 11 Michael Donald Shanabrook
528 West 39th Street # 3
New York, NY 10018
710 11 Midtown Auto Glass
528 West 39th Street
New York, NY 10018
710 11 Midtown Center Auto Repair Inc.
528 West 39th Street 31N
New York, NY 10018
710 11 Midtown Center Auto Repair Inc.
528 West 39th Street Suite A
New York, NY 10018
710 11 Midtown Center Auto Repair Inc.
537 W 38th Street
New York, NY 10018
710 11 Midtown West C L.L.C.
c/o Rockrose Development L.L.C.
15 East 26th Street, 7th Floor
New York, NY 10010
710 11 National Railroad Passenger Corp.
1 Massachusetts Avenue, N.W.
Washington, D.C. 20001
710 11 National Railroad Passenger Corp.
2955 Market Street
Box 25
Philadelphia, PA 19104
Attention: Senior Director, Real Estate Development
710 11 Philip Sanchez, Esq.
Jennifer Polovetsky, Esq.
Herrick Feinstein LLP
2 Park Avenue
New York, NY 10016
710 11 R H Macy & Company Inc.
151 W 34th Street
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New York, NY 10001
710 11 Raba Haim Abramov
528 W 39 Street
New York, NY 10018
710 11 Shop LLC
528 West 39th Street
New York, NY 10018
710 11 Shop LLC
Attn: Jacques Rosas
528 West 39th Street
New York, NY 10018
710 11 Shop Studios
528 West 39th Street #3 & 4
New York, NY 10018
710 11 The New York Museum of Contemporary Art
3rd floor Galleries
528 West 39th Street
New York, NY 10018
710 11 Tomur L. Zur
528 West 39th Street
New York, NY 10018
710 11 West 38 RES L.L.C
c/o Rockrose Development L.L.C.
15 East 26th Street, 7th Floor
New York, NY 10010
710 11 William Ballaine, Esq.
LANDMAN CORSI BALLAINE & FORD P.C.
120 Broadway
New York, NY 10271
710 11 Wrilumco Realty Company Inc.
148 West 38th Street
New York, NY 10018
710 11 Zur Holdings LLC
528 West 39th Street
New York, NY 10018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of :
:
THE CITY OF NEW YORK,
: Index No.: ______________
Petitioner, :
:
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
: NOTICE OF PENDENCY OF
and a Temporary Easement in Tax Block 710, Lot
: CONDEMNATION
11; all Located in the Borough of Manhattan,
: PROCEEDING
Required as Part of the
:
:
HUDSON PARK AND BOULEVARD PROJECT,
:
PHASE 2, STAGE 3.
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CARTER LEDYARD & MILBURN LLP
28 Liberty Street, 41st Floor
New York, NY 10005
(212) 732-3200
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Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------- x In the Matter of the Application of : : THE CITY OF NEW YORK, : Index No.: ______________ Petitioner, : : 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 : NOTICE OF PENDENCY OF and a Temporary Easement in Tax Block 710, Lot : CONDEMNATION 11; all Located in the Borough of Manhattan, : PROCEEDING Required as Part of the : : HUDSON PARK AND BOULEVARD PROJECT, : PHASE 2, STAGE 3. --------------------------------------------------------------------- x NOTICE IS HEREBY GIVEN, pursuant to §402(B)(1) of the New York State Eminent Domain Procedure Law, that upon the Petition of the CITY OF NEW YORK (the “City”), a condemnation proceeding will be commenced in this Court for the acquisition of title in fee simple absolute to (a) Tax Block 708, Lot 48 (Damage Parcel 1); and (b) portions of Tax Block 710, Lot 11 located within the Phase 2 Hudson Boulevard and Park (as that term is defined in the NYC Zoning Resolution) (Damage Parcels 2 and 3) (collectively, the “Stage 3 Fee Acquisition Parcels”); and the acquisition of a five-year temporary easement in the portion of Tax Block 710, Lot 11 that is not being acquired in fee simple absolute (westerly portion) and that is located outside the Phase 2 Hudson Boulevard & Park (Damage Parcel 4) (the “Temporary Easement Parcel,” which together with the Stage 3 Fee Acquisition Parcels shall be referred to herein as the “Stage 3 Acquisition Parcels”). The Stage 3 Acquisition Parcels are described by metes and bounds in Schedule A, annexed hereto and made a part hereof. The City’s acquisition of the Stage 3 Acquisition Parcels shall include the acquisition of any improvements that are located on 11170194.4 1 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 a Stage 3 Acquisition Parcel but that extend beyond any property line of such Stage 3 Acquisition Parcel. The City’s acquisition of the five-year temporary easement over the Temporary Easement Parcel shall give the City the right to (i) demolish and remove the building currently on Block 710, Lot 11, including any foundations, footings and the like that are located below grade, and including any portions of the building that may extend beyond any property line of Block 710, Lot 11 (the “Building”), (ii) fill any subgrade area of the Temporary Easement Parcel that had been occupied by a portion of the Building so that the entire Temporary Easement Parcel is at grade level; and (iii) use the Temporary Easement Parcel for construction staging purposes related to the construction of Phase 2 of Bella Abzug Park and Hudson Boulevard. At the conclusion of the easement term, the City shall return the Temporary Easement Parcel, except that the Building shall have been removed, and with respect to any subgrade area that the City fills during the term of the easement, the City shall return such area with the fill in place and with the Temporary Easement Parcel at the level of the adjacent street curb. The City’s acquisition of interests in Tax Block 710, Lot 11 shall not include the acquisition of any development rights based on “floor area” (as the term “floor area” is defined in Section 12-10 of the NYC Zoning Resolution) (“Zoning Floor Area” or “ZFA”) associated with the areas of Damage Parcels 2 and 3 (located within Hudson Park & Boulevard), which development rights shall remain the property of the current owner of those areas, 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”). Upon the City’s acquisition of Damage Parcels 2 and 3, the legal right of the Owner to use such +/- 22,925 square feet of Zoning Floor Area on the remaining portion of Tax Block 710, Lot 11, or to transfer such -2- 11170194.4 2 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 ZFA to a receiving site, pursuant to section 93-32 of the Zoning Resolution, shall not be impaired in any way by the City’s acquisition of interests in Tax Block 710, Lot 11. The City’s acquisition of interests in Tax Block 710, Lot 11 shall also be subject to all right, title, and interest of Amtrak, which were remised, released, and quitclaimed unto Amtrak pursuant to a Deed and Indenture, from CRC Properties, Inc., dated June 27, 1986, and recorded in the Office of the City Register, New York County, in Reel 1203, Page 1015 (the “Amtrak Deed”), which is attached as Exhibit C to the City’s Verified Petition, dated April 19, 2023 (the “Petition”). Specifically, the City’s acquisition of Tax Block 710, Lot 11 shall be subject to Amtrak’s right, title and interest in the line of railroad specifically described in the Amtrak Deed, and more commonly known as the Empire Line. Upon acquisition of the Stage 3 Acquisition Parcels, the City shall obtain, under and subject to the terms and conditions of the Amtrak Deed, the rights and obligations of the “Developer” of Tax Block 710, Lot 11, as the term “Developer” is defined and used in the Amtrak Deed (including Exhibit A to the Amtrak Deed). The following interests are also excluded from the acquisition of the Stage 3 Acquisition Parcels: (a) All right, title and interest of the New York City Transit Authority in and to the following property, if and to the extent located within the property being acquired: (1) routes, tracks, tunnels, switches, sidings, extensions, connections, platforms, structures, or terminals; (2) wires, conduits, pipes, ducts, telephones, signal and other communication or service facilities; (3) columns, footings, bracings, foundations and other structural members; and (4) any other devices, equipment and facilities used in connection with the operation or maintenance of the subway system; (b) Public and governmental utility facilities having a physical manifestation within the area being acquired; all recorded easements, licenses, and other agreements, if any, for such public and governmental utility facilities; and -3- 11170194.4 3 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 reasonable rights of access to such public and governmental utility facilities necessary for the maintenance, operation, repair, replacement or use of the same whether or not embodied in recorded instruments; (c) So long as they stand, walls of buildings built on property not being acquired, which encroach on property within the acquisition lines as such lines are shown on the Acquisition Map, and any cornices or lintels which encroach on property within the acquisition lines as such lines are shown on the Acquisition Map. Nothing in the Petition is meant to modify, diminish or in any way impact Amtrak’s right, title and interest under the Amtrak Deed or Amtrak’s ability to operate its Empire Line as currently configured on the Stage 3 Acquisition Parcels. The names of owners of the Stage 3 Acquisition Parcels, or other persons who may have an interest in the Stage 3 Acquisition Parcels, are set forth in Schedule B, annexed hereto and made a part hereof. If there are other persons having an interest in the Stage 3 Acquisition Parcels, their names are unknown to the City and its counsel. The property sought to be acquired by the City in the condemnation proceeding referenced above is in the area generally bounded by Tenth and Eleventh Avenues, from West 36h to West 39th Streets, all in the Borough of Manhattan, City, County and State of New York. [Signature page follows] -4- 11170194.4 4 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 5 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 6 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3 BOROUGH OF MANHATTAN SCHEDULE A METES AND BOUNDS DESCRIPTIONS OF STAGE 3 ACQUISITION PARCELS DAMAGE PARCEL 1 BLOCK 708 LOT 48 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the southerly side of West 37th Street (60’ wide), distant 325.00 feet westerly from the corner formed by the intersection of the southerly side of West 37th Street with the westerly side of 10th Avenue (100’ wide) and running thence; Southerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to the centerline of the block between West 37th Street and West 36th Street (60’ wide), thence; Westerly along said centerline and parallel with said southerly side of West 37th Street, 25.00 feet to a point, thence; Northerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to a point on the southerly side of West 37th Street, thence; Easterly along said southerly side of West 37th Street 25.00 feet to the Point or Place of BEGINNING. Encompassing an area of 2,469 square feet more or less. DAMAGE PARCEL 2 BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the southerly side of west 39th Street (60’ wide), distant 363.26 feet easterly from the corner formed by the southerly side of West 39th Street with the easterly side of 11th Avenue (100’ wide) and running thence; 11170194.4 7 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 Easterly along said southerly side of West 39th Street 36.74 feet to a point, thence; Southerly along a line parallel with the easterly side of 11th Avenue, 45.42 feet to a point, thence; Easterly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a point, thence; Southerly along a line parallel with said easterly side of 11th Avenue, 7.00 feet to a point, thence; Westerly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a point, thence; Southerly along a line parallel with said easterly side of 11th avenue, 46.33 feet to the centerline of the block between West 38th Street and West 39th Street, thence Westerly along said centerline and parallel with said southerly side of West 39th Street, 47.86 feet to a point, thence; Thence northerly along a line forming an interior angle of 83° 34’ 25” with the previous course, 99.37 feet to the aforementioned southerly side of West 39th Street and the Point or Place of BEGINNING. Encompassing an area of 4,226 square feet more or less. DAMAGE PARCEL 3 BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant 341.01 feet easterly from the corner formed by the northerly side of West 38th Street with the easterly side of 11th Avenue (100’ wide) and running thence; Northerly along a line forming an exterior angle of 96° 25’ 35” with the previous course 80.28’ to a point, thence Southerly along a line forming an interior angle of 06° 25’ 35” with the previous course and parallel with said easterly side of 11th Avenue, 79.77 feet to the northerly side of West 38th Street, thence; -8- 11170194.4 8 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 Westerly along said northerly side of West 38th Street, 8.99 feet to the Point or Place of BEGINNING. Encompassing an area of 359 square feet more or less. DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL) BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant 250.00 feet easterly from the corner formed by the northerly side of West 38th Street with the easterly side of 11th Avenue (100’ wide) and running thence; Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to the centerline of the block between West 38th Street and West 39th Street (60’ wide), thence; Easterly along said centerline and parallel with said northerly side of West 38th Street 50.00 feet to a point, thence; Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to a point on the southerly side of West 39th Street, thence; Easterly along said southerly side of West 39th Street, 63.26 feet to a point, thence; Southerly along a line forming an interior angle of 83° 34’ 25” with the previous course, 99.37 feet to the centerline of the block between West 38th Street and West 39th Street, thence Westerly along said centerline and parallel with said southerly side of West 39th Street, 2.14 feet to a point, thence; Thence southerly along a line parallel with said easterly side of 11th Avenue, 18.98 feet to a point, thence; Southerly along a line forming an interior angle of 173° 34’ 25” with the previous course, 80.28 feet to a point on the aforementioned northerly side of west 38th Street, thence Westerly along the said northerly side of West 38th Street 91.01 feet to the Point or Place of beginning. Encompassing an area of 15,214 square feet more or less. -9- 11170194.4 9 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3 BOROUGH OF MANHATTAN SCHEDULE B PART 1 – TAXPAYERS OF RECORD OF STAGE 3 ACQUISITION PARCELS BLOCK LOT NAME AND ADDRESS 708 48 J.P. and V. Holdings LLC 522 W. 37th Street New York, NY 10018 710 11 528-534 West 39 L.L.C. c/o Rockrose Development Corp. 15 East 26th Street, 7th Floor New York, NY 10010 -10- 11170194.4 10 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3 BOROUGH OF MANHATTAN SCHEDULE B PART 2 – LAST OWNERS, OR PARTIES WHO MAY HAVE AN INTEREST IN THE PROCEEDING BLOCK LOT NAME AND ADDRESS 708 48 JP and V Holdings LLC 2254 84th Street Brooklyn, NY 11214 708 48 JP and V Holdings LLC 2257 84th Street Brooklyn, NY 11214 708 48 JP & V Holdings LLC 522 West 37th Street New York, NY 10018 708 48 522w37.com 522 West 37th Street 2nd Floor New York, NY 10018 708 48 Americar Transportation L.L.C. 522 West 37th Street New York, NY 10018 708 48 Arcoba Jewelry 522 West 37th Street, Suite #100 New York, NY 10018 708 48 Brooklyn Real Property, Inc. Suite #200 522 West 37th Street New York, NY 10018 708 48 BRP Associates, Inc. Suite #201 522 West 37th Street New York, NY 10018 708 48 BRP Associates, Inc. 522 West 37th Street New York, NY 10018 708 48 BRP Building / Brooklyn Real Property, Inc. 522-524 West 37th Street New York, NY 10018 708 48 City Outdoor 5 Penn Plaza Madison Square Garden -11- 11170194.4 11 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 23rd Floor New York, NY 10001 708 48 Daniel Samandarov Americar 522 West 37th Street New York, NY 10018 708 48 Group Americar Transport 522 West 37th Street New York, NY 10018 708 48 Jeanette Larrequi 522 West 37 Street New York, NY 10018 708 48 John Walton 522 West 37th Street New York, NY 10018 708 48 Joshua H. Rikon, Esq. Ashley Levi, Esq. Goldstein, Rikon, Rikon & Levi, P.C. 381 Park Ave South, Suite 901 New York, New York 10016 708 48 Juan Cruz 522 West 37 Street New York, NY 10018 708 48 Kacey Habsberg 522 West 37th Street Floor 1 New York, NY 10018 708 48 KJC International 522 West 37th Street New York, NY 10018 708 48 Leonard Dabreau 522 West 37 Street New York, NY 10018 708 48 Licensed Real Estate Broker Jean Paul Ho 522 West 37th Street New York, NY 10018 708 48 Mamadou Diallo 522 West 37 Street New York, NY 10018 708 48 Manhattan Aquariums 522 West 37th Street New York, NY 10018 708 48 Mike Park 522 West 37th Street New York, NY 10018 708 48 New York Aquarium Service 522 West 37th Street -12- 11170194.4 12 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 New York, NY 10018 708 48 Ridgewood Savings Bank 1981 Marcus Avenue, Suite 110 Lake Success, NY 11042 708 48 Rudolph Samandarov 75-67 195th Street Flushing, NY 11366 708 48 Rudolph Samandarov 718 3rd Avenue Brooklyn, NY 11232 710 11 528-534 West 39 L.L.C. c/o Rockrose Development L.L.C. 15 East 26th Street, 7th Floor New York, NY 10010 710 11 555 West 38 L.L.C. c/o Rockrose Development L.L.C. 15 East 26th Street, 7th Floor New York, NY 10010 710 11 A1 Collision NY 537 West 38th Street New York, NY 10018 710 11 A-1 NY Collision 528 West 39th Street New York, NY 10018 710 11 A-1 Towing & Auto Repair Inc. 528 West 39th Street New York, NY 10018 710 11 A1 Towing NYC 528 West 39th Street New York, NY 10018 710 11 All Magic Automotive, Inc. 537 West 38th Street New York, NY 10018 710 11 All Magic Automotive, Inc. 518 W 44th St New York, NY 10036 710 11 Harvard Group Corp. 528 West 39th Street New York, NY 10018 710 11 Jacques Rosas 528 West 39th St. New York, NY 10018 710 11 Kenneth Applebaum, Esq. Applebaum Katz Brodsky PLLC 112 West 34th Street New York, NY 10120 -13- 11170194.4 13 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 710 11 Manhattan Checker Management Corp 528 West 39th Street New York, NY 10018 710 11 Manhattan Checker Management Corp 537 West 38th Street New York, NY 10018 710 11 Mercedes Benz Manhattan Inc. 770 11th Ave. New York, NY 10019-5007 710 11 Metropolitan Transportation Authority 2 Broadway 4th floor New York, NY 10004 710 11 Michael Donald Shanabrook 528 West 39th Street # 3 New York, NY 10018 710 11 Midtown Auto Glass 528 West 39th Street New York, NY 10018 710 11 Midtown Center Auto Repair Inc. 528 West 39th Street 31N New York, NY 10018 710 11 Midtown Center Auto Repair Inc. 528 West 39th Street Suite A New York, NY 10018 710 11 Midtown Center Auto Repair Inc. 537 W 38th Street New York, NY 10018 710 11 Midtown West C L.L.C. c/o Rockrose Development L.L.C. 15 East 26th Street, 7th Floor New York, NY 10010 710 11 National Railroad Passenger Corp. 1 Massachusetts Avenue, N.W. Washington, D.C. 20001 710 11 National Railroad Passenger Corp. 2955 Market Street Box 25 Philadelphia, PA 19104 Attention: Senior Director, Real Estate Development 710 11 Philip Sanchez, Esq. Jennifer Polovetsky, Esq. Herrick Feinstein LLP 2 Park Avenue New York, NY 10016 710 11 R H Macy & Company Inc. 151 W 34th Street -14- 11170194.4 14 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 New York, NY 10001 710 11 Raba Haim Abramov 528 W 39 Street New York, NY 10018 710 11 Shop LLC 528 West 39th Street New York, NY 10018 710 11 Shop LLC Attn: Jacques Rosas 528 West 39th Street New York, NY 10018 710 11 Shop Studios 528 West 39th Street #3 & 4 New York, NY 10018 710 11 The New York Museum of Contemporary Art 3rd floor Galleries 528 West 39th Street New York, NY 10018 710 11 Tomur L. Zur 528 West 39th Street New York, NY 10018 710 11 West 38 RES L.L.C c/o Rockrose Development L.L.C. 15 East 26th Street, 7th Floor New York, NY 10010 710 11 William Ballaine, Esq. LANDMAN CORSI BALLAINE & FORD P.C. 120 Broadway New York, NY 10271 710 11 Wrilumco Realty Company Inc. 148 West 38th Street New York, NY 10018 710 11 Zur Holdings LLC 528 West 39th Street New York, NY 10018 -15- 11170194.4 15 of 16 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------- x In the Matter of the Application of : : THE CITY OF NEW YORK, : Index No.: ______________ Petitioner, : : 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 : NOTICE OF PENDENCY OF and a Temporary Easement in Tax Block 710, Lot : CONDEMNATION 11; all Located in the Borough of Manhattan, : PROCEEDING Required as Part of the : : HUDSON PARK AND BOULEVARD PROJECT, : PHASE 2, STAGE 3. --------------------------------------------------------------------- x CARTER LEDYARD & MILBURN LLP 28 Liberty Street, 41st Floor New York, NY 10005 (212) 732-3200 16 of 16