Preview
FILED: NEW YORK COUNTY CLERK 06/27/2023 04:08 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of
Index No. 451121/2023
THE CITY OF NEW YORK,
Petitioner, E-Filed Case
To Acquire by Exercise of its Powers of Eminent
IAS PART 17
Domain, Fee Interests in Certain Real Property Known
as Tax Block 708, Lot 48; and Fee Interests and a
(Hagler, J.)
Temporary Easement in Tax Block 710, Lot 11; all
Located in the Borough of Manhattan, Required as Part ACQUISITION ORDER
of the AND ACQUISITION MAP
HUDSON PARK AND BOULEVARD PROJECT,
PHASE 2, STAGE 3.
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PLEASE TAKE NOTICE that filed herewith, pursuant to Eminent Domain Procedure
Law §402(B)(5), is a true copy of the Order duly entered in the Office of the Clerk of the
Supreme Court, New York County on the 15th day of June, 2023, and the Acquisition Map. The
Order and Map were also recorded in the City Register's Office on June 27, 2023. This
additional filing compliments the recording and further documents the acquisition of the Stage 3
Acquisition Parcels as described in the attached Order and Map.
Dated: New York, New York
June 27, 2023
CARTER LEDYARD & MILBURN LLP
By: /s/Michael H. Bauscher
Michael H. Bauscher
28 Liberty Street
New York, New York 10005
(212) 732-3200
Co-Counsel for Petitioner,
The City of New York
11200161.1
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
06/15/2023 03:40
04:08 PM
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NO. 451121/2023
451121/2023
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 23
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. SHLOMO S. HAGLER PART 17
Justice
----------------------X INDEX NO. 451121/2023
IN THE MATTER OF THE APPLICATION OF THE CITY OF
YORK, TO ACQUIRE BY EXERCISE OF ITS POWERS OF MOTION DATE NIA
EMINENT DOMAIN, FEE INTERESTS IN CERTAIN REAL
PROPERTY KNOWN AS TAX BLOCK 708, LOT 48; AND MOTION SEQ. NO. 001
FEE INTERESTS AND A TEMPORARY EASEMENT IN
TAX BLOCK 710, LOT 11; ALL
Plaintiff,
DECISION + ORDER ON
- V - MOTION
NONE,
Defendant.
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The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 14, 15, 16, 19, 20
were read on this motion to/for MISCELLANEOUS
Upon the foregoing documents, it is
ORDERED, DECLARED and ADJUDGED that the Petition is granted in accordance
with an Acquisition Order, dated June 6, 2023,
6/8/2023
DATE SHLOMO S. HAGLER, J.S.C.
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
G~NTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
451121/2023 IN THE MATTER OF THE APPLICATION OF THE CITY OF YORK, TO ACQUIRE BY Page 1 of 1
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 vs. NONE
Motion No. 001
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
06/15/2023 03:40
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At IAS Part 17 of the Supreme Court of
the State of New York, held in and for
the County of New York, at the
Courthouse, 60 Centre Street, in the
Borough of Manha~n, City and State of
New York, on the --12. day of June, 2023.
PRESENT:
Hon. Shlomo S. Hagler
Justice.
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In the Matter of the Application of
THE CITY OF NEW YORK,
Index No. 451121/2023
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
and a Temporary Easement in Tax Block 710, Lot
ACQUISITION ORDER
11; all Located in the Borough of Manhattan,
Required as Part of the
HUDSON PARK AND BOULEVARD PROJECT,
PHASE 2, STAGE 3.
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Petitioner, the City of New York, having commenced a proceeding to acquire by
eminent domain certain real property and a temporary easement, where not heretofore
acquired for the same purpose, r.equired for Phase 2, Stage 3 of the Hudson Park and
Boulevard Project, in the Borough of Manhattan, City, County and State of New York, and to
have the compensation which should be paid to the condemnees of such property ascertained
and determined by this Court without a jury and without referral to a referee or commissioner,
and said application having come on to be heard before me on June 6, 2023, and Petitioner, by
its attorneys, HON. SYLVIA 0. HINDS-RADIX, Corporation Counsel of the City of New
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
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21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
York, by Rochelle Cohen and Michael Chestnov, and CARTER LEDYARD & MILBURN
LLP, by John Casolaro and Michael Bauscher, having appeared remotely via Microsoft
Teams in support of said application; and GOLDSTEIN, RIKON, RIKON & LEVI, P.C., by
Joshua Rikon and Ashley Levi; PILLSBURY WINTHROP SHAW PITTMAN LLP, by
James Catterson, Rolando Acosta, and Danielle Stefanucci; and LAW OFFICES OF PHILIP
A. SANCHEZ, PLLC, by Philip Sanchez, having appeared remotely via Microsoft Teams in
connection with such application;
UPON reading and filing the Notice of Petition, dated April 19, 2023 [Docket Entry
("DE") 8-9]; the Petition of the City of New York, verified on April 19, 2023, and the exhibits
annexed thereto [DE 1-7]; the Notice of Pendency filed in the Office of the Clerk of New
York County on April 19, 2023 [DE 10]; the affidavit of service of Bill Borenstein, sworn to
on May 1, 2023 [DE 14], showing service by certified mail, return receipt requested, of copies
of said Notice of Petition and Petition, together with the relevant acquisition map and annexed
exhibits, to the last known owners and taxpayers ofrecord of the properties to be acquired; the
affidavit of Janae C. Ferreira, sworn to on May 11, 2023 [DE 15], showing due publication of
the Notice of Application to Condemn in at least ten successive issues of The City Record, an
official newspaper printed and published in the City of New York, commencing on April 27,
2023 and ending on May 10, 2023; the affidavit of John T. Heatherton, sworn to on May 15,
2023 [DE 16], showing the posting of the Notice of Application to Condemn in the form of
handbills upon or near the properties to be condemned; and the Verified Answer to the
Petition filed on behalf of 528-534 West 39 L.L.C. [DE 17];
2
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FILED: NEW YORK
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CLERK 06/27/2023
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NYSCEF DOC.
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21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
NOW, on motion of HON. SYLVIA 0. HINDS-RADIX, Corporation Counsel of the
City of New York, by Rochelle Cohen and Michael Chestnov, and CARTER LEDYARD &
MILBURN LLP, by John Casolaro and Michael Bauscher, it is
ORDERED, that the Petition be, and the same hereby is granted in all respects; and it
is further
ORDERED, that the City of New York is authorized to file the acquisition map, a
proposed copy of which is annexed to the Petition, in the Office of the Clerk of New York
County and the Office of the New York City Register, Borough of Manhattan, together with a
copy of this Order (a filing of the acquisition map and this Order in either location shall be
sufficient for the City of New York to acquire title); and it is further
ORDERED, that upon the filing of this Order and the acquisition map with the Office
of the Clerk of New York County or the New York City Register, title in fee simple absolute
to the real property, all located within the Borough of Manhattan, known as (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), and a five-year temporary easement (measured from the date of the
City's acquisition of such interest) over 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 and Park (Damage Parcel 4), shall vest in the City of New York, said real
property being more particularly described as set forth in Exhibit A to this Order (Damage
Parcels 1, 2 and 3 are referred to as the "Stage 3 Fee Acquisition Parcels" and Damage Parcel
4 is referred to as the "Temporary Easement Parcel", and collectively they shall all be referred
to as the Stage 3 Acquisition Parcels); and it is further
3
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
06/15/2023 03:40
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NYSCEF DOC.
NYSCEF DOC. NO.
NO. 23
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
ORDERED, that the City's acquisition of the Stage 3 Acquisition Parcels shall
include the acquisition of any improvements that are located on a Stage 3 Acquisition Parcel
but that extend beyond any property line of such Stage 3 Acquisition Parcel; and it is further
ORDERED, that 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; and it is further
ORDERED, that other than as may be necessary to demolish and remove the
Building, the temporary easement shall not give the City the right to excavate the Temporary
Easement Parcel; and it is further
ORDERED, that 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; and it is further
ORDERED, that 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
4
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
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NYSCEF DOC.
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21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
"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 appears to be 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"); and it is further
ORDERED, that 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 (the "Lot 11 Remainder") (or any larger zoning lot of which
the Lot 11 Remainder is a part), or to transfer such ZF A 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; and it is further
ORDERED, that the City's acquisition of interests in Tax Block 710, Lot 11 shall be
under and 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"); and it is further
ORDERED, that the acquisition of interests in Tax Block 710, Lot 11 shall be subject
to Amtrak's right, title and interest in the line ofrailroad specifically described in the Amtrak
Deed, and more commonly known as the Empire Line; and it is further
ORDERED, that 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); and it is further
5
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
06/15/2023 03:40
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NYSCEF DOC. NO.
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RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
ORDERED, that 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 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;
and it is further
ORDERED, that the compensation which should be made to the owners of the real
property to be acquired in this proceeding be ascertained and determined by this Court
without a jury and without referral to a referee or commissioner; and it is further
ORDERED, that within thirty (30) days after the entry of this Order, the City shall
cause a notice of acquisition to be published in at least ten successive issues of The City
Record, an official newspaper published in the City of New York, and shall serve a copy of
such notice by first class mail on each condemnee at such condemnee's last known address, or
to such condemnee' s attorney of record; and it is further
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FILED: NEW
FILED: NEW YORK
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CLERK 06/27/2023
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RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
ORDERED, that each condemnee shall have a period of six (6) months from the date
of entry of this Order in which to file a written claim, demand or notice of appearance with
the Clerk of this Court and to serve a copy of the same upon the Corporation Counsel of the
City of New York, 100 Church Street, New York, New York 10007, and upon Carter Ledyard
& Milburn LLP, 28 Liberty Street, 4!8 1 Floor, New York, New York 10005.
ENTER :
HON. SHLOMO S. HAGLER
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
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NYSCEF DOC.
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21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
Exhibit A
LEGAL DESCRIPTIONS OF STAGE 3 ACQUISITION PARCELS
DAMAGE PARCEL 1
BLOCK 708 LOT 48
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY ANDSTATEOFNEWYORK
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 37 th Street (60' wide), distant 325.00
feet westerly from the comer formed by the intersection of the southerly side of West 37 th
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 37 th Street and West 36th Street (60' wide), thence;
Westerly along said centerline and parallel with said southerly side of West 37 th 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 3 7th Street, thence;
Easterly along said southerly side of West 37 th 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 ofland, 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 39 th Street (60' wide), distant 363.26
feet easterly from the comer formed by the southerly side of West 39th Street with the easterly
side of 11th Avenue (100' wide) and running thence;
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 11 th Avenue, 45.42 feet to a point,
thence;
8
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FILED: NEW YORK
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CLERK 06/27/2023
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Easterly along a line parallel with said southerly side of West 39 th Street, 7.00 feet to a point,
thence;
Southerly along a line parallel with said easterly side of 11 th A venue, 7 .00 feet to a point,
thence;
Westerly along a line parallel with said southerly side of West 39 th Street, 7.00 feet to a point,
thence;
Southerly along a line parallel with said easterly side of 11 th avenue, 46.33 feet to the
centerline of the block between West 38 th 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 38 th Street (60' wide), distant 341.01
feet easterly from the comer formed by the northerly side of West 38th Street with the easterly
side of 11th A venue ( 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 11 th Avenue, 79.77 feet to the northerly side of West 38th
Street, thence;
Westerly along said northerly side of West 38 th Street, 8.99 feet to the Point or Place of
BEGINNING.
Encompassing an area of 359 square feet more or less.
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FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/27/2023
06/15/2023 03:40
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NYSCEF DOC.
NYSCEF DOC. NO.
NO. 23
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/27/2023
DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL)
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY ANDSTATEOFNEWYORK
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 38 th Street (60' wide), distant 250.00
feet easterly from the comer formed by the northerly side of West 38 th Street with the easterly
side of 11th Avenue (100' wide) and running thence;
Northerly along a line parallel with said easterly side of 11 th 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 38 th Street 50.00
feet to a point, thence;
Northerly along a line parallel with said easterly side of 11 th 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 38 th 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 11 th 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 38 th Street, thence
Westerly along the said northerly side of West 38 th 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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FILED: NEW YORK COUNTY CLERK 06/27/2023 04:08 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 21
FILED: NEW YORK COUNTY CLERK 06/15/2023 03:40 PM
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/27/2023
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.: 451121/2023
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
and a Temporary Easement in Tax Block 710, Lot
ACQUISITION ORDER
11; all Located in the Borough of Manhattan,
Required as Part of the
HUDSON PARK AND BOULEVARD PROJECT,
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PHASE 2, STAGE 3.
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RECEIVED NYSCEF: 06/13/2023
INDEX NO. 451121/2023
CARTER LEDYARD & MILBURN LLP
COUNSELORS AT LAW
28 LIBER1Y STREET
NEW YORK, N.Y. 10005
Tel: (212) 732-3200
FILED: NEW YORK COUNTY CLERK 06/27/2023 04:08 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/27/2023
DAMAGE AND ACQUISITION MAP
IN THE MATTER OF THE APPLICATION OF THE CITY OF NEW YORK
RELATIVE TO ACQUIRING TITLE IN FEE SIMPLE (SUBJECT TO
CERTAIN RAILROAD EASEMENTS) TO BLOCK 708, LOT 48; AND
BLOCK 710, PART OF LOT 11; AND ACQUIRING A TEMPORARY
EASEMENT OVER PART OF BLOCK 710, LOT 11, LOCATED IN THE
BOROUGH OF MANHATTAN FOR
HUDSON YARDS PHASE 2, STAGE 3
(HUDSON PARK AND BOULEVARD)
LOCATED IN THE AREA GENERALLY BOUNDED BY TENTH AVENUE AND
ELEVENTH AVENUE FROM WEST 36TH STREET TO WEST 39TH STREET,
BOROUGH OF MANHATTAN, CITY AND STATE OF NEW YORK
LEGEND (NOT SHOWN TO SCALE)
ACQUISITION LINE
STREET LINE NOTES
TAX LOT LINE 1. THIS SURVEY IS BASED UPON EXISTING PHYSICAL CONDtnONS FOUND AT THE SUBJECT SITE, AND THE FOLLOWING REFERENCES:
HUDSON BOULEVARD A. CURRENT TAX MAP
8. SECTIONAL MAP 50
RIGHT OF WAY LINE C. ALTERATION MAP ACC30221- C.P.C. No. 040507 MMM
50.00' ACQUISITION DIMENSION 2. STREET NAMES AND R.O. W. WIDTHS AS PER MAPS REFERENCED IN NOTE 18 AND TC. BLOCK AND LOT NUMBERS AS PER MAP REFERENCED
IN NOTE TA.
100' TM TAX LOT DIMENSION
3. UNAUTHORIZED AL TERA TION OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION
/////// BUILDING LINE
7209, SUB-DIVISION 2, OF THE NEW YORK STATE EDUCATION LAW.
4. THIS PLAN NOT VALID UNLESS EMBOSSED OR BLUE INK STAMPED WITH THE SEAL OF THE PROFESSIONAL.
PARK
LANliAN
Project Drawing Title Project No. Drawing No.
HUDSON PARK AND STAGE J Date 170621401
Preview
FILED: NEW YORK COUNTY CLERK 06/27/2023 04:08 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------x In the Matter of the Application of Index No. 451121/2023 THE CITY OF NEW YORK, Petitioner, E-Filed Case To Acquire by Exercise of its Powers of Eminent IAS PART 17 Domain, Fee Interests in Certain Real Property Known as Tax Block 708, Lot 48; and Fee Interests and a (Hagler, J.) Temporary Easement in Tax Block 710, Lot 11; all Located in the Borough of Manhattan, Required as Part ACQUISITION ORDER of the AND ACQUISITION MAP HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3. ------------------------------------------------------------------x PLEASE TAKE NOTICE that filed herewith, pursuant to Eminent Domain Procedure Law §402(B)(5), is a true copy of the Order duly entered in the Office of the Clerk of the Supreme Court, New York County on the 15th day of June, 2023, and the Acquisition Map. The Order and Map were also recorded in the City Register's Office on June 27, 2023. This additional filing compliments the recording and further documents the acquisition of the Stage 3 Acquisition Parcels as described in the attached Order and Map. Dated: New York, New York June 27, 2023 CARTER LEDYARD & MILBURN LLP By: /s/Michael H. Bauscher Michael H. Bauscher 28 Liberty Street New York, New York 10005 (212) 732-3200 Co-Counsel for Petitioner, The City of New York 11200161.1 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SHLOMO S. HAGLER PART 17 Justice ----------------------X INDEX NO. 451121/2023 IN THE MATTER OF THE APPLICATION OF THE CITY OF YORK, TO ACQUIRE BY EXERCISE OF ITS POWERS OF MOTION DATE NIA EMINENT DOMAIN, FEE INTERESTS IN CERTAIN REAL PROPERTY KNOWN AS TAX BLOCK 708, LOT 48; AND MOTION SEQ. NO. 001 FEE INTERESTS AND A TEMPORARY EASEMENT IN TAX BLOCK 710, LOT 11; ALL Plaintiff, DECISION + ORDER ON - V - MOTION NONE, Defendant. ---------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 14, 15, 16, 19, 20 were read on this motion to/for MISCELLANEOUS Upon the foregoing documents, it is ORDERED, DECLARED and ADJUDGED that the Petition is granted in accordance with an Acquisition Order, dated June 6, 2023, 6/8/2023 DATE SHLOMO S. HAGLER, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION G~NTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 451121/2023 IN THE MATTER OF THE APPLICATION OF THE CITY OF YORK, TO ACQUIRE BY Page 1 of 1 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 vs. NONE Motion No. 001 1 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 At IAS Part 17 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse, 60 Centre Street, in the Borough of Manha~n, City and State of New York, on the --12. day of June, 2023. PRESENT: Hon. Shlomo S. Hagler Justice. ------------------------------------------------------------------x In the Matter of the Application of THE CITY OF NEW YORK, Index No. 451121/2023 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 and a Temporary Easement in Tax Block 710, Lot ACQUISITION ORDER 11; all Located in the Borough of Manhattan, Required as Part of the HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3. ------------------------------------------------------------------x Petitioner, the City of New York, having commenced a proceeding to acquire by eminent domain certain real property and a temporary easement, where not heretofore acquired for the same purpose, r.equired for Phase 2, Stage 3 of the Hudson Park and Boulevard Project, in the Borough of Manhattan, City, County and State of New York, and to have the compensation which should be paid to the condemnees of such property ascertained and determined by this Court without a jury and without referral to a referee or commissioner, and said application having come on to be heard before me on June 6, 2023, and Petitioner, by its attorneys, HON. SYLVIA 0. HINDS-RADIX, Corporation Counsel of the City of New 11188340.2 2 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 York, by Rochelle Cohen and Michael Chestnov, and CARTER LEDYARD & MILBURN LLP, by John Casolaro and Michael Bauscher, having appeared remotely via Microsoft Teams in support of said application; and GOLDSTEIN, RIKON, RIKON & LEVI, P.C., by Joshua Rikon and Ashley Levi; PILLSBURY WINTHROP SHAW PITTMAN LLP, by James Catterson, Rolando Acosta, and Danielle Stefanucci; and LAW OFFICES OF PHILIP A. SANCHEZ, PLLC, by Philip Sanchez, having appeared remotely via Microsoft Teams in connection with such application; UPON reading and filing the Notice of Petition, dated April 19, 2023 [Docket Entry ("DE") 8-9]; the Petition of the City of New York, verified on April 19, 2023, and the exhibits annexed thereto [DE 1-7]; the Notice of Pendency filed in the Office of the Clerk of New York County on April 19, 2023 [DE 10]; the affidavit of service of Bill Borenstein, sworn to on May 1, 2023 [DE 14], showing service by certified mail, return receipt requested, of copies of said Notice of Petition and Petition, together with the relevant acquisition map and annexed exhibits, to the last known owners and taxpayers ofrecord of the properties to be acquired; the affidavit of Janae C. Ferreira, sworn to on May 11, 2023 [DE 15], showing due publication of the Notice of Application to Condemn in at least ten successive issues of The City Record, an official newspaper printed and published in the City of New York, commencing on April 27, 2023 and ending on May 10, 2023; the affidavit of John T. Heatherton, sworn to on May 15, 2023 [DE 16], showing the posting of the Notice of Application to Condemn in the form of handbills upon or near the properties to be condemned; and the Verified Answer to the Petition filed on behalf of 528-534 West 39 L.L.C. [DE 17]; 2 11188340.2 3 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 NOW, on motion of HON. SYLVIA 0. HINDS-RADIX, Corporation Counsel of the City of New York, by Rochelle Cohen and Michael Chestnov, and CARTER LEDYARD & MILBURN LLP, by John Casolaro and Michael Bauscher, it is ORDERED, that the Petition be, and the same hereby is granted in all respects; and it is further ORDERED, that the City of New York is authorized to file the acquisition map, a proposed copy of which is annexed to the Petition, in the Office of the Clerk of New York County and the Office of the New York City Register, Borough of Manhattan, together with a copy of this Order (a filing of the acquisition map and this Order in either location shall be sufficient for the City of New York to acquire title); and it is further ORDERED, that upon the filing of this Order and the acquisition map with the Office of the Clerk of New York County or the New York City Register, title in fee simple absolute to the real property, all located within the Borough of Manhattan, known as (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), and a five-year temporary easement (measured from the date of the City's acquisition of such interest) over 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 and Park (Damage Parcel 4), shall vest in the City of New York, said real property being more particularly described as set forth in Exhibit A to this Order (Damage Parcels 1, 2 and 3 are referred to as the "Stage 3 Fee Acquisition Parcels" and Damage Parcel 4 is referred to as the "Temporary Easement Parcel", and collectively they shall all be referred to as the Stage 3 Acquisition Parcels); and it is further 3 11188340.2 4 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 ORDERED, that the City's acquisition of the Stage 3 Acquisition Parcels shall include the acquisition of any improvements that are located on a Stage 3 Acquisition Parcel but that extend beyond any property line of such Stage 3 Acquisition Parcel; and it is further ORDERED, that 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; and it is further ORDERED, that other than as may be necessary to demolish and remove the Building, the temporary easement shall not give the City the right to excavate the Temporary Easement Parcel; and it is further ORDERED, that 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; and it is further ORDERED, that 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 4 11188340.2 5 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 "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 appears to be 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"); and it is further ORDERED, that 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 (the "Lot 11 Remainder") (or any larger zoning lot of which the Lot 11 Remainder is a part), or to transfer such ZF A 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; and it is further ORDERED, that the City's acquisition of interests in Tax Block 710, Lot 11 shall be under and 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"); and it is further ORDERED, that the acquisition of interests in Tax Block 710, Lot 11 shall be subject to Amtrak's right, title and interest in the line ofrailroad specifically described in the Amtrak Deed, and more commonly known as the Empire Line; and it is further ORDERED, that 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); and it is further 5 11188340.2 6 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 ORDERED, that 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 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; and it is further ORDERED, that the compensation which should be made to the owners of the real property to be acquired in this proceeding be ascertained and determined by this Court without a jury and without referral to a referee or commissioner; and it is further ORDERED, that within thirty (30) days after the entry of this Order, the City shall cause a notice of acquisition to be published in at least ten successive issues of The City Record, an official newspaper published in the City of New York, and shall serve a copy of such notice by first class mail on each condemnee at such condemnee's last known address, or to such condemnee' s attorney of record; and it is further 6 11188340.2 7 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 ORDERED, that each condemnee shall have a period of six (6) months from the date of entry of this Order in which to file a written claim, demand or notice of appearance with the Clerk of this Court and to serve a copy of the same upon the Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007, and upon Carter Ledyard & Milburn LLP, 28 Liberty Street, 4!8 1 Floor, New York, New York 10005. ENTER : HON. SHLOMO S. HAGLER 7 11188340.2 8 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 Exhibit A LEGAL DESCRIPTIONS OF STAGE 3 ACQUISITION PARCELS DAMAGE PARCEL 1 BLOCK 708 LOT 48 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY ANDSTATEOFNEWYORK 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 37 th Street (60' wide), distant 325.00 feet westerly from the comer formed by the intersection of the southerly side of West 37 th 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 37 th Street and West 36th Street (60' wide), thence; Westerly along said centerline and parallel with said southerly side of West 37 th 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 3 7th Street, thence; Easterly along said southerly side of West 37 th 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 ofland, 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 39 th Street (60' wide), distant 363.26 feet easterly from the comer formed by the southerly side of West 39th Street with the easterly side of 11th Avenue (100' wide) and running thence; 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 11 th Avenue, 45.42 feet to a point, thence; 8 11188340.2 9 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 Easterly along a line parallel with said southerly side of West 39 th Street, 7.00 feet to a point, thence; Southerly along a line parallel with said easterly side of 11 th A venue, 7 .00 feet to a point, thence; Westerly along a line parallel with said southerly side of West 39 th Street, 7.00 feet to a point, thence; Southerly along a line parallel with said easterly side of 11 th avenue, 46.33 feet to the centerline of the block between West 38 th 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 38 th Street (60' wide), distant 341.01 feet easterly from the comer formed by the northerly side of West 38th Street with the easterly side of 11th A venue ( 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 11 th Avenue, 79.77 feet to the northerly side of West 38th Street, thence; Westerly along said northerly side of West 38 th Street, 8.99 feet to the Point or Place of BEGINNING. Encompassing an area of 359 square feet more or less. 9 11188340.2 10 of 12 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/27/2023 06/15/2023 03:40 04:08 PM PM INDEX INDEX NO. NO. 451121/2023 451121/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 23 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/27/2023 DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL) BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY ANDSTATEOFNEWYORK 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 38 th Street (60' wide), distant 250.00 feet easterly from the comer formed by the northerly side of West 38 th Street with the easterly side of 11th Avenue (100' wide) and running thence; Northerly along a line parallel with said easterly side of 11 th 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 38 th Street 50.00 feet to a point, thence; Northerly along a line parallel with said easterly side of 11 th 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 38 th 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 11 th 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 38 th Street, thence Westerly along the said northerly side of West 38 th Street 91.01 feet to the Point or Place of beginning. Encompassing an area of 15,214 square feet more or less. 11188340.2 11 of 12 FILED: NEW YORK COUNTY CLERK 06/27/2023 04:08 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 21 FILED: NEW YORK COUNTY CLERK 06/15/2023 03:40 PM NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/27/2023 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.: 451121/2023 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 and a Temporary Easement in Tax Block 710, Lot ACQUISITION ORDER 11; all Located in the Borough of Manhattan, Required as Part of the HUDSON PARK AND BOULEVARD PROJECT, 12 of 12 PHASE 2, STAGE 3. ---------------------------------------------------------------------x RECEIVED NYSCEF: 06/13/2023 INDEX NO. 451121/2023 CARTER LEDYARD & MILBURN LLP COUNSELORS AT LAW 28 LIBER1Y STREET NEW YORK, N.Y. 10005 Tel: (212) 732-3200 FILED: NEW YORK COUNTY CLERK 06/27/2023 04:08 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/27/2023 DAMAGE AND ACQUISITION MAP IN THE MATTER OF THE APPLICATION OF THE CITY OF NEW YORK RELATIVE TO ACQUIRING TITLE IN FEE SIMPLE (SUBJECT TO CERTAIN RAILROAD EASEMENTS) TO BLOCK 708, LOT 48; AND BLOCK 710, PART OF LOT 11; AND ACQUIRING A TEMPORARY EASEMENT OVER PART OF BLOCK 710, LOT 11, LOCATED IN THE BOROUGH OF MANHATTAN FOR HUDSON YARDS PHASE 2, STAGE 3 (HUDSON PARK AND BOULEVARD) LOCATED IN THE AREA GENERALLY BOUNDED BY TENTH AVENUE AND ELEVENTH AVENUE FROM WEST 36TH STREET TO WEST 39TH STREET, BOROUGH OF MANHATTAN, CITY AND STATE OF NEW YORK LEGEND (NOT SHOWN TO SCALE) ACQUISITION LINE STREET LINE NOTES TAX LOT LINE 1. THIS SURVEY IS BASED UPON EXISTING PHYSICAL CONDtnONS FOUND AT THE SUBJECT SITE, AND THE FOLLOWING REFERENCES: HUDSON BOULEVARD A. CURRENT TAX MAP 8. SECTIONAL MAP 50 RIGHT OF WAY LINE C. ALTERATION MAP ACC30221- C.P.C. No. 040507 MMM 50.00' ACQUISITION DIMENSION 2. STREET NAMES AND R.O. W. WIDTHS AS PER MAPS REFERENCED IN NOTE 18 AND TC. BLOCK AND LOT NUMBERS AS PER MAP REFERENCED IN NOTE TA. 100' TM TAX LOT DIMENSION 3. UNAUTHORIZED AL TERA TION OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION /////// BUILDING LINE 7209, SUB-DIVISION 2, OF THE NEW YORK STATE EDUCATION LAW. 4. THIS PLAN NOT VALID UNLESS EMBOSSED OR BLUE INK STAMPED WITH THE SEAL OF THE PROFESSIONAL. PARK LANliAN Project Drawing Title Project No. Drawing No. HUDSON PARK AND STAGE J Date 170621401