Preview
FILED: NEW YORK COUNTY CLERK 05/12/2023 11:13 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------------x Index No.: 451121/2023
In the Matter of the Application of
THE CITY OF NEW YORK,
AFFIDAVIT OF
Petitioner, PUBLICATION
To Acquire by Exercise of its Powers of Eminent Domain,
Fee Interests in Certain Real Property Known as Tax Block
708, lot 48; and Fee Interests and a Temporary Easement in
Tax Block 710, Lot 11; all Located in the Borough of
Manhattan, Required as Part of the
HUDSON PARK AND BOULEVARD PROJECT,
PHASE 2, STAGE 3.
---------------------------------------------------------------------------------x
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
JANAE C. FERREIRA being duly sworn, deposes and says:
I am the Editor of the City Record, the official newspaper of the City of New York.
The annexed advertisement has been duly published in at least ten (10) successive issues of The
City Record. The first day of publication was April 27, 2023, and the last day of publication was
May 10, 2023.
_____________________________
JANAE C. FERREIRA
Sworn to before me, this
__11th__ day of May 2023
Candida M. Skinner-Clarke
NOTARY PUBLIC, STATE OF NEW YORK
__________________________ Registration No. 01SK6089944
NOTARY PUBLIC Qualified in Kings County
Commission Expires 03/31/2027
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with the maintenance ofa security deposit in the sum of$7,000 New York, County of New York, Room 130, 60 Centre Street, New York,
and the insurance shall be in the amount of Two Million Dollars New York, on May 24, 2023, at 9:30 o'clock in the forenoon of that day, for
($2,000,000) per occurrence for bodily injury and property damage, an order pursuant to Section 402(B)(2) of the Eminent Domain Procedure
One Million Dollars ($1,000,000) for personal and advertising injury, Law: (a) authorizing the City to file an acquisition map, in connection
Two Million Dollars ($2,000,000) aggregate, and Two Million Dollars with Phase 2, Stage 3 of the Hudson Park and Boulevard Project, in the
($2,000,000) products/completed operations. Office of the Clerk of the County of New York or the Office of the Register,
Borough of Manhattan; (b) directing that, upon the filing of the order
#6 IN THE MATTER OF a proposed revocable consent authorizing and of such map, title to the real property interests sought to be acquired
New York University to construct, maintain and use an overhead shall immediately vest in the City; (c) providing that the compensation
building projection "Triangle Fire Memorial" above and along the west which should justly be made be ascertained and determined by the
sidewalk of Greene Street and the north sidewalk ofWashington Place, aforesaid Supreme Court, without ajury and without referral to a referee
in the Borough of Manhattan. The proposed revocable consent is for a or commissioner; and (d) granting the City such other and further relief
term of ten years from Date of Approval by the Mayor and provides as the Court may deem just and proper.
among other terms and conditions for compensation payable to the
City according to the following schedule: R.P. # 2570 PLEASE TAKE FURTHER NOTICE that the real property
From the Approval Date by the Mayor to June 30, 2023 - interests in the Borough of Manhattan, City, County and State of New
$10,762/per annum York sought to be acquired by the City are generally bounded by Tenth
and Eleventh Avenues, from West 36th to West 39th Streets, and include,
For the period July 1, 2023 to June 30, 2024 - $10,962 subject to the exclusions described below, title in fee simple absolute
For the period July 1, 2024 to June 30, 2025 - $11,162 to (a) Tax Block 708, Lot 48 (Damage Parcel 1); and (b) portions of Tax
For the period July 1, 2025 to June 30, 2026 - $11,362 Block 710, Lot 11 located within the Phase 2 Hudson Boulevard and
For the period July 1, 2026 to June 30, 2027 - $11,562 Park (as that term is defined in the NYC Zoning Resolution) (Damage
For the period July 1, 2027 to June 30, 2028 - $11,762 Parcels 2 and 3) (collectively, the "Stage 3 Fee Acquisition Parcels");
For the period July 1, 2028 to June 30, 2029 - $11,962 and a five-year temporary easement in the portion of Tax Block 710,
For the period July 1, 2029 to June 30, 2030 - $12,162 Lot 11 that is not being acquired in fee simple absolute (westerly
For the period July 1, 2030 to June 30, 2031 - $12,362 portion) and that is located outside the Phase 2 Hudson Boulevard &
For the period July 1, 2031 to June 30, 2032 - $12,562 Park (Damage Parcel 4) (the "Temporary Easement Parcel," which
For the period July 1, 2032 to June 30, 2033 - $12,762 together with the Stage 3 Fee Acquisition Parcels shall be referred
to herein as the "Stage 3 Acquisition Parcels"), all being a part of the
with the maintenance of a security deposit in the sum of $100,000 Hudson Park and Boulevard Project. The Stage 3 Acquisition Parcels
and the insurance shall be in the amount of Two Million Dollars are described in metes and bounds in Schedule A attached hereto.
($2,000,000) per occurrence for bodily injury and property damage, The City's acquisition of the Stage 3 Acquisition Parcels shall include
One Million Dollars ($1,000,000) for personal and advertising injury, the acquisition of any improvements that are located on a Stage 3
Two Million Dollars ($2,000,000) aggregate, and Two Million Dollars Acquisition Parcel but that extend beyond any property line of such
($2,000,000) products/completed operations. Stage 3 Acquisition Parcel.
#7 IN THE MATTER OF a proposed revocable consent authorizing The City's acquisition of the five-year temporary easement over
325 Kent LLC, Domino A Partners LLC and Domino B Partners LLC, the Temporary Easement Parcel shall give the City the right to (i)
to construct, maintain and use a pipe under pressure under, across and demolish and remove the building currently on Block 710, Lot 11,
along the north sidewalk of South 4th Street and under and across Kent including any foundations, footings and the like that are located below
Avenue, in the Borough of Brooklyn. The revocable consent is for a grade, and including any portions of the building that may extend
term of ten years from Date of Approval by the Mayor and provides beyond any property line of Block 710, Lot 11 (the "Building"), (ii) fill
among other terms and conditions for compensation payable to the any subgrade area of the Temporary Easement Parcel that had been
City according to the following schedule: R.P. # 2592 occupied by a portion of the Building so that the entire Temporary
From the Approval Date by the Mayor to June 30, 2023 - Easement Parcel is at grade level; and (iii) use the Temporary
$3,432/per annum Easement Parcel for construction staging purposes related to the
construction of Phase 2 of Bella Abzug Park and Hudson Boulevard.
For the period July 1, 2023 to June 30, 2024 - $3,496
For the period July 1, 2024 to June 30, 2025 - $3,560 At the conclusion of the easement term, the City shall return the
For the period July 1, 2025 to June 30, 2026 - $3,624 Temporary Easement Parcel, except that the Building shall have been
For the period July 1, 2026 to June 30, 2027 - $3,688 removed, and with respect to any subgrade area that the City fills
For the period July 1, 2027 to June 30, 2028 - $3,752 during the term of the easement, the City shall return such area with
For the period July 1, 2028 to June 30, 2029 - $3,816 the fill in place and with the Temporary Easement Parcel at the level of
For the period July 1, 2029 to June 30, 2030 -13,880 the adjacent street curb.
For the period July 1, 2030 to June 30, 2031- 3,944 The City's acquisition of interests in Tax Block 710, Lot 11 shall
For the period July 1, 2031 to June 30, 2032 - 4,008 not include the acquisition of any development rights based on "floor
For the period July 1, 2032 to June 30, 2033 - $4,072
area" (as the term "floor area" is defined in Section 12-10 of the NYC
with the maintenance of a security deposit in the sum of $10,000 Zoning Resolution) ("Zoning Floor Area" or "ZFA") associated with
and the insurance shall be in the amount of Two Million Dollars the areas of Damage Parcels 2 and 3 (located within Hudson Park &
($2,000,000) per occurrence for bodily injury and property damage, One Boulevard), which development rights shall remain the property of the
Million Dollars ($1,000,000) for personal and advertising injury, Two current owner of those areas.
Million Dollars ($2,000,000) aggregate, and Two Million Dollars
($2,000,000) products/completed operations. The City's acquisition of interests in Tax Block 710, Lot 11 shall
a7-27 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").
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
SUPREME COURT members; and (4) any other devices, equipment and facilities used
in connection with the operation or maintenance of the subway
NEW YORK COUNTY 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
NOTICE OF APPLICATION TO CONDEMN and governmental utility facilities; and reasonable rights of access
PURSUANT TO SECTION 402(B)(2) to such public and governmental utility facilities necessary for the
OF THE EMINENT DOMAIN PROCEDURE LAW maintenance, operation, repair, replacement or use of the same
whether or not embodied in recorded instruments;
PLEASE TAKE NOTICE that an application will be made by the
CITY OF NEW YORK (the "City"), to the Supreme Court of the State of (c) So long as they stand, walls of buildings built on property
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not being acquired, which encroach on property within the DAMAGE PARCEL 2
acquisition lines as such lines are shown on the Acquisition Map, BLOCK 710 PART OF LOT 11
and any cornices or lintels which encroach on property within the IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
acquisition lines as such lines are shown on the Acquisition Map. CITY AND STATE OF NEW YORK
Nothing in the Petition is meant to modify, diminish or in any All that certain plot, piece or parcel of land, Situate, Lying and Being
way impact Amtrak's right, title and interest under the Amtrak in the Borough of Manhattan, City, County and State of New York,
Deed or Amtrak's ability to operate its Empire Line as currently Bounded and Described as follows:
configured on the Stage 3 Acquisition Parcels.
BEGINNING at a point on the southerly side of west 39th Street (60'
PLEASE TAKE FURTHER NOTICE that a diagram or wide), distant 363.26 feet easterly from the corner formed by the
representation of the acquisition map, which shows the perimeters of southerly side of West 39th Street with the easterly side of 11th Avenue
the property to be acquired, and which shows the applicable damage (100' wide) and running thence;
parcel numbers in circles, is set forth below:
Easterly along said southerly side ofWest 39th Street 36.74 feet to a
April 27, 2023 point, thence;
Southerly along a line parallel with the easterly side of 11th Avenue,
HON. SYLVIA 0. HINDS-RADIX 45.42 feet to a point, thence;
Corporation Counsel
100 Church Street Easterly along a line parallel with said southerly side of West 39th
New York, New York 10007 Street, 7.00 feet to a point, thence;
By: Michael Chestnov Southerly along a line parallel with said easterly side of 11th Avenue,
Senior Counsel 7.00 feet to a point, thence;
mchestno@law.nyc.gov Westerly along a line parallel with said southerly side of West 39th
Street, 7.00 feet to a point, thence;
WEST 3971-1 STREET
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.
WEST 38TH STREET
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
BLOCK7P!I All that certain plot, piece or parcel of land, Situate, Lying and Being
I 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 ofWest 38th Street (60'
wide), distant 341.01 feet easterly from the corner formed by the
WEST 37TH STREET 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 of96° 25' 35" with the
'-"'"" I '-""" I previous course 80.28' to a point, thence
I
It ---
I _ _J
OF' LOT 20
LOT20
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;
Westerly along said northerly side of West 38th Street, 8.99 feet to the
Point or Place of BEGINNING.
WEST 3671-1 STREET Encompassing an area of 359 square feet more or less.
SCHEDULEA DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL)
BLOCK 710 PART OF LOT 11
METES AND BOUNDS DESCRIPTIONS OF IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
STAGE 3 ACQUISITION PARCELS CITY AND STATE OF NEW YORK
DAMAGE PARCEL 1 All that certain plot, piece or parcel of land, Situate, Lying and Being
BLOCK 708 LOT 48 in the Borough of Manhattan, City, County and State of New York,
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK Bounded and Described as follows:
CITY AND STATE OF NEW YORK BEGINNING at a point on the northerly side ofWest 38th Street (60'
All that certain plot, piece or parcel of land, Situate, Lying and Being wide), distant 250.00 feet easterly from the corner formed by the
in the Borough of Manhattan, City, County and State of New York, northerly side of West 38th Street with the easterly side of 11th Avenue
Bounded and Described as follows: (100' wide) and running thence;
BEGINNING at a point on the southerly side ofWest 37th Street (60' Northerly along a line parallel with said easterly side of 11th Avenue,
wide), distant 325.00 feet westerly from the corner formed by the 98. 75 feet to the centerline of the block between West 38th Street and
intersection of the southerly side of West 37th Street with the westerly West 39th Street (60' wide), thence;
side of 10th Avenue (100' wide) and running thence;
Easterly along said centerline and parallel with said northerly side of
Southerly along a line parallel with said westerly side of 10th Avenue, West 38th Street 50.00 feet to a point, thence;
98.75 feet to the centerline of the block between West 37th Street and Northerly along a line parallel with said easterly side of 11th Avenue,
West 36th Street (60' wide), thence; 98. 75 feet to a point on the southerly side of West 39th Street, thence;
Westerly along said centerline and parallel with said southerly side of
West 37th Street, 25.00 feet to a point, thence; Easterly along said southerly side of West 39th Street, 63.26 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; 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
Easterly along said southerly side of West 37th Street 25.00 feet to the 38th Street and West 39th Street, thence
Point or Place of BEGINNING. Westerly along said centerline and parallel with said southerly side of
Encompassing an area of2,469 square feet more or less. West 39th Street, 2.14 feet to a point, thence;
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RECEIVED NYSCEF: 05/12/2023
Thence southerly along a line parallel with said easterly side of 11th a web-based system maintained by the City of New York for use by its
Avenue, 18.98 feet to a point, thence; Mayoral Agencies to manage procurement. Important business
Southerly along a line forming an interior angle of 173° 34' 25" with information collected in the Prequali:6.cation Application is required
the previous course, 80.28 feet to a point on the aforementioned every three years. Documents related to annual corporate filings must
northerly side of west 38th Street, thence be submitted on an annual basis to remain eligible to compete.
Prequalification applications will be reviewed to validate compliance
Westerly along the said northerly side of West 38th Street 91.01 feet to with corporate filings and organizational capacity. Approved
the Point or Place of beginning. organizations will be eligible to compete and would submit electronic
proposals through the PASSPort system. The PASSPort Public Portal,
Encompassing an area of 15,214 square feet more or less. which lists all RFPs, including HHS RFPs that require HHS
.- a27-m10 Accelerator Prequalification, may be viewed at https://passport .
cityofnewyork.us/page.aspx/en/rfp/request browse public. All current
and prospective vendors should frequently review information listed on
roadmap to take full advantage of upcoming opportunities for funding.
For additional information about HHS Accelerator Prequali:fication and
PASSPort, including background materials, user guides and video
tutorials, please visit https://wwwl.nyc.gov/site/mocs/systems/
about-go-to-passport.page.
The City ofNew York in partnership with PublicSurplus.com ADMINISTRATION FOR CHILDREN'S SERVICJ!S
posts online auctions. All auctions are open to the public.
ADMINISTRATION
Registration is free and new auctions are added daily. To review
auctions or register visit https://publicsurplus.com INTENT TO AWARD
Human Services I Client Services
ASSESSMENT & PLACEMENT SERVICES - Negotiated
Acquisition - Judgment required in evaluating proposals-
CITYWIDE ADMINISTRATIVE SERVICJ!S PIN# 06823N0032001 - Due 5-12-23 at 10:00 A.M.
Pursuant to the Procurement Policy Board rule (PPB) Section 3-04(b)
(2)(i)(C), the New York City Administration for Children's Services
The City of New York in partnership with IAAI.com posts vehicle and (ACS), intends to utilize the Negotiated Acquisition procurement
heavy machinery auctions online every week at: method to negotiate a contract with Rising Ground, Inc., for the
provision of an assessment and placement services program for youth
https://iaai.com/search?keyword=dcas+public entering foster care. Rising Ground is located at 151 Lawrence Street,
All auctions are open to the public and registration is free. 5th Floor, Brooklyn, NY 11201. The contract's period of performance is
Vehicles can be viewed in person at: June 1, 2023, through June 30, 2026, and will include two 3-year
Insurance Auto Auctions, Green Yard renewal options at ACS's discretion. The EPIN for this proposed award
137 Peconic Avenue, Medford, NY 11763 is 06823N0032001. The proposed total contract authority is
Phone: (631) 207-3477 $24,928,148.05.
No previous arrangements or phone calls are needed to preview. This notice is for informational purposes only. Organizations interested
Hours are Monday from 10:00 A.M. - 2:00 P.M. in future solicitations for these services, are invited to do so by
jy29-j17 registering with the NYC Mayor's Office of Contract Services (MOCS)
PASSPort system. To register with PASSPort, please go to www.nyc.
gov/PASSPort. There you will find additional guides to assist you with
the registration process.
Use the following address unless otherwise specified in notice, to
secure, examine or submit bid/proposal documents, vendor pre-
qualification and other forms; specifications/blueprints; other
information; and for opening and reading of bids at date and time
specified above.
Administration for Children's Services, 150 William Street, 9th Floor,
New York, NY 10009. Peter Pabon (212) 341-3450;
peter.pabon@acs.nyc.gov
''Compete To Win" More Contracts/ a25-ml
Thanks to a new City initiative - ''Compete To Win" - the NYC HOUSING NAVIGATION AND STABILIZATION SERVICES
Department of Small Business Services offers a new set of FREE - Negotiated Acquisition - Judgment required in evaluating proposals -
services to help create more opportunities for minority and PIN# 06823N0030- Due 5-12-23 at 10:00A.M.
Women-Owned Businesses to compete, connect and grow their Corrected Notice
business with the City. With NYC Construction Loan, Technical
Assistance, NYC Construction Mentorship, Bond Readiness, and The proposed total contract was revised in the notice below from
NYC Teaming services, the City will be able to help even more $12,366,666.67 to $15,458,333.34.
small businesses than before. Pursuant to Section 3-04(b)(2)(B) of the Procurement Policy Board
(PPB) Rules, New York City's Administration for Children's Services
• Win More Contracts, at nyc.gov/competetowin (ACS), intends to utilize the Negotiation Acquisition procurement
method to enter into contract negotiations with Anthos Home
"The City ofNew York is committed to achieving excellence in (''Anthos"), 169 Madison Avenue, #2285, New York, NY 10016, for the
the design and construction of its capital program, and provision of housing navigation and stabilization services for youth in
building on the tradition of innovation in architecture and care. This program would ensure that youth aging out of foster care,
engineering that has contributed, to the City's prestige as a and youth exiting the juvenile justice system as well as other ACS
global destination. The contracting opportunities for involved families have access to housing navigation and stability
construction/construction services and construction-related services with the necessary resources to secure and maintain
services that appear in the individual agency listings below permanent affordable housing. The proposed contract term of this
reflect that commitment to excellence." program will be from May 1, 2023 through April 30, 2026, with one
3-year option to renew at ACS' discretion. The EPIN for this proposed
award is 06823N0030. The proposed total contract amount is
$15,458,333.34.
HHS ACCELERATOR PREQUALIFICATION
Any information concerning the provider's performance, as well as any
To respond to human services Requests for Proposals (RFPs), in other factors relevant to the proposed contract, may be expressed by
accordance with Section 3-16 of the Procurement Policy Board contacting Peter Pabon, at peter.pabon@acs.nyc.gov.
Rules of the City of New York ("PPB Rules"), vendors must first
complete and submit an electronic HHS Accelerator Prequalification This notice is for informational purposes only. Organizations interested
Application using the City's PASSPort system. The PASSPort system is in solicitations for these services are invited to do so by registering
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RECEIVED NYSCEF: 05/12/2023
side of west 38th Street and the Point or Place of BEGINNING.
WEST 39TH STREET Encompassing an area of20,302 square feet more or less.
mS-19
NOTICE OF APPLICATION TO CONDEMN
PURSUANT TO SECTION 402(B)(2)
OF THE EMINENT DOMAIN PROCEDURE LAW
PLEASE TAKE NOTICE that an application will be made by the
CITY OF NEW YORK (the "City"), to the Supreme Court of the State of
New York, County of New York, Room 130, 60 Centre Street, New York,
New York, on May 24, 2023, at 9:30 o'clock in the forenoon of that day, for
an order pursuant to Section 402(B)(2) of the Eminent Domain Procedure
WEST 38TH STREET Law: (a) authorizing the City to file an acquisition map, in connection
with Phase 2, Stage 3 of the Hudson Park and Boulevard Project, in the
Office of the Clerk of the County of New York or the Office of the Register,
Borough of Manhattan; (b) directing that, upon the filing of the order
and of such map, title to the real property interests sought to be acquired
l
·-
shall immediately vest in the City; (c) providing that the compensation
It
which should justly be made be ascertained and determined by the
8LOCK709 aforesaid Supreme Court, without a jury and without referral to a referee
I or commissioner; and (d) granting the City such other and further relief
as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that the real property
interests in the Borough of Manhattan, City, County and State of New
York sought to be acquired by the City are generally bounded by Tenth
WEST 37TH STREET and Eleventh Avenues, from West 36th to West 39th Streets, and include,
subject to the exclusions described below, 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
LOT 50
I I Park (as that term is defined in the NYC Zoning Resolution) (Damage
Parcels 2 and 3) (collectively, the "Stage 3 Fee Acquisition Parcels");
l
LOT 4J
LOT 49
I_ _J and a five-year temporary easement in the portion of Tax Block 710,
It
·-
BLOCK708 Lot 11 that is not being acquired in fee simple absolute (westerly
portion) and that is located outside the Phase 2 Hudson Boulevard
I LOT20 & 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"), all being a part of the
Hudson Park and Boulevard Project. The Stage 3 Acquisition Parcels
are described in metes and bounds in Schedule A attached hereto.
WEST 36TH STREET 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
SCHEDULEA Stage 3 Acquisition Parcel.
METES AND BOUNDS DESCRIPTIONS OF The City's acquisition of the five-year temporary easement over
STAGE 4 ACQUISITION PARCEL the Temporary Easement Parcel shall give the City the right to (i)
DAMAGE PARCEL 1 demolish and remove the building currently on Block 710, Lot 11,
BLOCK 710 LOT 15 including any foundations, footings and the like that are located below
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK grade, and including any portions of the building that may extend
CITY AND STATE OF NEW YORK beyond any property line of Block 710, Lot 11 (the "Building"), (ii) fill
any subgrade area of the Temporary Easement Parcel that had been
All that certain plot, piece or parcel of land, Situate, Lying and Being occupied by a portion of the Building so that the entire Temporary
in the Borough of Manhattan, City, County and State of New York, Easement Parcel is at grade level; and (iii) use the Temporary
Bounded and Described as follows: Easement Parcel for construction staging purposes related to the
BEGINNING at a point on the northerly side ofWest 38th Street (60' construction of Phase 2 of Bella Abzug Park and Hudson Boulevard.
wide), distant 340.58 feet westerly from the corner formed by the At the conclusion of the easement term, the City shall return the
northerly side of West 38th Street with the westerly side of 10th Avenue Temporary Easement Parcel, except that the Building shall have been
(100' wide) and running thence; 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
Westerly along said northerly side of West 38th Street, 109.42 feet to a the fill in place and with the Temporary Easement Parcel at the level of
point, thence; the adjacent street curb.
Northerly along a line parallel with said westerly side of 10th Avenue, The City's acquisition of interests in Tax Block 710, Lot 11 shall
98. 75 feet to the centerline of the block between West 38th Street and not include the acquisition of any development rights based on "floor
West 39th Street (60' wide), thence; area" (as the term "floor area" is defined in Section 12-10 of the NYC
Easterly along said centerline and parallel with said northerly side of Zoning Resolution) ("Zoning Floor Area" or "ZFA") associated with
West 38th Street 50.00 feet to a point, thence; the areas of Damage Parcels 2 and 3 (located within Hudson Park &
Boulevard), which development rights shall remain the property of the
Northerly along a line parallel with said westerly side of 10th Avenue, current owner of those areas.
46.33 feet to a point, thence;
The City's acquisition of interests in Tax Block 710, Lot 11 shall
Easterly along a line parallel with the southerly side of West 39th also be subject to all right, title, and interest of Amtrak, which were
Street (60' wide), 7.00 feet to a point, thence; remised, released, and quitclaimed unto Amtrak pursuant to a Deed
and Indenture, from CRC Properties, Inc., dated June 27, 1986, and
Northerly along a line parallel with said westerly side of 10th Avenue, recorded in the Office of the City Register, New York County, in Reel
7.00 feet to a point, thence; 1203, Page 1015 (the "Amtrak Deed").
Westerly along a line parallel with said southerly side of West 39th The following interests are also excluded from the acquisition of
Street, 7.00 feet to a point, thence; the Stage 3 Acquisition Parcels:
Northerly along a line parallel with the westerly side of 10th Avenue (a) All right, title and interest of the New York City Transit
(100' wide), 45.42 feet to a point on the southerly side of West 39th Authority i