Preview
FILED: NEW YORK COUNTY CLERK 06/15/2023 05:44 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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
NOTICE OF ENTRY
11; all Located in the Borough of Manhattan,
Required as Part of the
.
.
HUDSON PARK AND BOULEVARD PROJECT,
PHASE 2, STAGE 3.
-------------------------------------------------------------------x
PLEASE TAKE NOTICE, that annexed hereto is a true copy of an Order [DE 21] duly
entered in the County Clerk's Office, New York County, 60 Centre Street, New York, New York
on the 15th day of June, 2023.
Dated: New York, New York
Jime 15, 2023
CARTER LEDYARD & MILBURN LLP
By: /s/ Michael Bauscher
Michael H. Bauscher
28 Liberty Street
New York, New York 10005
(212) 732-3200
Attorneys for Petitioner,
The City of New York
I1I97673.1
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FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
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INDEX NO. 451121/2023
NO. 451121/2023
/ 2 0 23 03: 40 PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 22
21 RECEIVED
RECEIVED NYSCEF: 06/13/2023
NYSCEF: 06/15/2023
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
MOTION DATE N/A
YORK, TO ACQUIRE BY EXERCISE OF ITS POWERS OF
EMINENT DOMAIN, FEE INTERESTS IN CERTAIN REAL
MOTION SEQ. NO. 001
PROPERTY KNOWN AS TAX BLOCK 708, LOT 48; AND
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 DISPOSmON
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
46t121/2023 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
MotionNo. 001
2
1 of
of 14
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F ILED : NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/15/2023
0 6 /15 /2023 05:44
03 : 40 PM INDEX NO.
INDEX NO. 451121/2023
451121/2023
PM|
DOC. NO.
NYSCEF DOC.
NYSCEF NO. 22
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/15/2023
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 M City and State of
New York, on the 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
: ACOUISITION ORDER
11; all Located in the Borough of Manhattan,
Required as Part of the
HUDSON PARK AND BOULEVARD PROJECT,
PHASE 2, STAOE 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, required 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 this Court without a jury and without referral to a referee or commissioner,
by
and said application come on to be heard before me on June 6, 2023, and Petitioner, by
having
its HON. SYLVIA O. HINDS-RADIX, Corporation Counsel of the City of New
attorneys,
.
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FILED:
F ILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/15/2023
06 /15 /2023 05:44
03 : 40 PM
PM|
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 22
21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/15/2023
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 PHILlP
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 of record 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 on the affidavit of John T. Heatherton, sworn to on May 15,
ending May 10, 2023;
the of the Notice of Application to Condemn in the form of
2023 [DE 16], showing posting
near the properties to be and the Verified Answer to the
handbills upon or condemned;
Petition filed on behalf of 528-534 West 39 L.L.C. [DE 17];
2
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INDEX NO.
NO. 451121/2023
451121/2023
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/15/2023
06/15/2023 05:44
03:40 PM
P14
NYSCEF DOC.
NYSCEF NO. 22
DOC. NO. 21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/15/2023
NOW, on motion of HON. SYLVIA O. 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
Cit y's acquisition of such interest) over the portion of Tax Block 710, Lot 11 that is not being
acquired in fee simple absolute portion) and that is located outside the Phase 2
(westerly
and Park (Damage Parcel shall vest in the of New York, said real
Hudson Boulevard 4), City
more particularly described as set forth in Exhibit A to this Order (Damage
property being
Parcels"
referred to as the "Stage 3 Fee Acquisition and Damage Parcel
Parcels 1, 2 and 3 are
Easement Parcel", and collectively they shall all be referred
4 is referred to as the "Temporary
to as the Stage 3 Acquisition Parcels); and it is further
3
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INDEX NO.
NO. 451121/2023
451121/2023
FILED:
F ILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/15/2023
06/15/2023 05:44
03:40 PM
PM|
NYSCEF DOC.
NYSCEF NO. 22
DOC. NO. 21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/15/2023
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
Easement Parcel, except that the Building shall have been removed, and with
Temporary
respect to any subgrade area that the fills the term of the easement, the City shall
City during
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
that the City's acquisition of interests in Tax Block 710, Lot 11 shall not
ORDERED,
area"
acquisition of development rights based on "floor (as the term "floor
include the any
Area"
area" of the NYC Floor or
is defined in Section 12-10 Zoning Resolution) ("Zoning
4
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6
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INDEX
INDEX NO.
NO. 451121/2023
451121/2023
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/15/2023
06/15/2023 05:44
03:40 PM
P1
NYSCEF DOC.
NYSCEF NO. 22
DOC. NO. 21 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/13/2023
06/15/2023
"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 II Remainder is a part), or to transfer such 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 I1; 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 title and interest in the line of railroad specifically described in the Amtrak
right,
and more known as the Empire Line; and it is further
Deed, commonly
that upon acquisition of the Stage 3 Acquisition Parcels, the City shall
ORDERED,
to the terms and conditions of the Amtrak Deed, the rights and
obtain, under and subject
"Developer" "Developer"
of Tax Block Lot 11, as the term is defined
obligations of the 710,
Deed Exhibit A to the Amtrak Deed); and it is further
and used in the Amtrak (including
5
11188340.2
,
7
6 of
Preview
FILED: NEW YORK COUNTY CLERK 06/15/2023 05:44 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 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 NOTICE OF ENTRY 11; all Located in the Borough of Manhattan, Required as Part of the . . HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3. -------------------------------------------------------------------x PLEASE TAKE NOTICE, that annexed hereto is a true copy of an Order [DE 21] duly entered in the County Clerk's Office, New York County, 60 Centre Street, New York, New York on the 15th day of June, 2023. Dated: New York, New York Jime 15, 2023 CARTER LEDYARD & MILBURN LLP By: /s/ Michael Bauscher Michael H. Bauscher 28 Liberty Street New York, New York 10005 (212) 732-3200 Attorneys for Petitioner, The City of New York I1I97673.1 1 of 14 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/15/2023 06 /15 05:44 PM HDEX INDEX NO. 451121/2023 NO. 451121/2023 / 2 0 23 03: 40 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 22 21 RECEIVED RECEIVED NYSCEF: 06/13/2023 NYSCEF: 06/15/2023 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 MOTION DATE N/A YORK, TO ACQUIRE BY EXERCISE OF ITS POWERS OF EMINENT DOMAIN, FEE INTERESTS IN CERTAIN REAL MOTION SEQ. NO. 001 PROPERTY KNOWN AS TAX BLOCK 708, LOT 48; AND 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 DISPOSmON X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 46t121/2023 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 MotionNo. 001 2 1 of of 14 12 FILED: F ILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/15/2023 0 6 /15 /2023 05:44 03 : 40 PM INDEX NO. INDEX NO. 451121/2023 451121/2023 PM| DOC. NO. NYSCEF DOC. NYSCEF NO. 22 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/15/2023 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 M City and State of New York, on the 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 : ACOUISITION ORDER 11; all Located in the Borough of Manhattan, Required as Part of the HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAOE 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, required 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 this Court without a jury and without referral to a referee or commissioner, by and said application come on to be heard before me on June 6, 2023, and Petitioner, by having its HON. SYLVIA O. HINDS-RADIX, Corporation Counsel of the City of New attorneys, . 11188340.2 2 of 3 of 12 14 INDEX INDEX NO. NO. 451121/2023 451121/2023 FILED: F ILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/15/2023 06 /15 /2023 05:44 03 : 40 PM PM| NYSCEF DOC. NYSCEF DOC. NO. NO. 22 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/15/2023 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 PHILlP 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 of record 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 on the affidavit of John T. Heatherton, sworn to on May 15, ending May 10, 2023; the of the Notice of Application to Condemn in the form of 2023 [DE 16], showing posting near the properties to be and the Verified Answer to the handbills upon or condemned; Petition filed on behalf of 528-534 West 39 L.L.C. [DE 17]; 2 11188340.2 43 of of 14 12 MDEX INDEX NO. NO. 451121/2023 451121/2023 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/15/2023 06/15/2023 05:44 03:40 PM P14 NYSCEF DOC. NYSCEF NO. 22 DOC. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/15/2023 NOW, on motion of HON. SYLVIA O. 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 Cit y's acquisition of such interest) over the portion of Tax Block 710, Lot 11 that is not being acquired in fee simple absolute portion) and that is located outside the Phase 2 (westerly and Park (Damage Parcel shall vest in the of New York, said real Hudson Boulevard 4), City more particularly described as set forth in Exhibit A to this Order (Damage property being Parcels" referred to as the "Stage 3 Fee Acquisition and Damage Parcel Parcels 1, 2 and 3 are Easement Parcel", and collectively they shall all be referred 4 is referred to as the "Temporary to as the Stage 3 Acquisition Parcels); and it is further 3 11 188340.2 4 of 5 of 12 14 "DEX INDEX NO. NO. 451121/2023 451121/2023 FILED: F ILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/15/2023 06/15/2023 05:44 03:40 PM PM| NYSCEF DOC. NYSCEF NO. 22 DOC. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/15/2023 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 Easement Parcel, except that the Building shall have been removed, and with Temporary respect to any subgrade area that the fills the term of the easement, the City shall City during 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 that the City's acquisition of interests in Tax Block 710, Lot 11 shall not ORDERED, area" acquisition of development rights based on "floor (as the term "floor include the any Area" area" of the NYC Floor or is defined in Section 12-10 Zoning Resolution) ("Zoning 4 11188340.2 6 5 of of 14 12 INDEX INDEX NO. NO. 451121/2023 451121/2023 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/15/2023 06/15/2023 05:44 03:40 PM P1 NYSCEF DOC. NYSCEF NO. 22 DOC. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/13/2023 06/15/2023 "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 II Remainder is a part), or to transfer such 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 I1; 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 title and interest in the line of railroad specifically described in the Amtrak right, and more known as the Empire Line; and it is further Deed, commonly that upon acquisition of the Stage 3 Acquisition Parcels, the City shall ORDERED, to the terms and conditions of the Amtrak Deed, the rights and obtain, under and subject "Developer" "Developer" of Tax Block Lot 11, as the term is defined obligations of the 710, Deed Exhibit A to the Amtrak Deed); and it is further and used in the Amtrak (including 5 11188340.2 , 7 6 of