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FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of :
:
THE CITY OF NEW YORK,
: Index No.: ______________
Petitioner, :
:
To Acquire by Exercise of its Powers of Eminent
:
Domain, Fee Interests in Certain Real Property
:
Known as Tax Block 708, Lot 48; and Fee Interests
:
and a Temporary Easement in Tax Block 710, Lot
: VERIFIED PETITION
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 (the “City”), by its attorneys, Hon. Sylvia O.
Hinds-Radix, Corporation Counsel of the City of New York, and Carter Ledyard & Milburn
LLP, respectfully alleges:
1. Pursuant to Sections 8 and 381 of the New York City Charter (the “Charter”), the
City is authorized to acquire title in fee to real property or any interest therein required for public
use.
2. Pursuant to Sections 197-c and 197-d of the Charter, the acquisition of the real
property interests described below was approved by the City Planning Commission on
November 22, 2004, and by the City Council on January 19, 2005 (Resolution Nos. 759 and 782
through 791).
3. Hudson Park and Boulevard is an approximately 4-acre system of tree-lined parks and
open space planned to run between 10th and 11th Avenues from West 33rd to West 39th Streets.
The first phase of the Park and Boulevard was completed in 2015 and is located between West
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33rd and West 36th Streets, and has been renamed Bella Abzug Park. Phase 2 of the Hudson Park
and Boulevard system (the “Project”) will extend the Park north, from West 36th to West 39th
Streets. The Project will also extend the Boulevard north from West 36th to West 38th Streets.
4. The completed Hudson Park and Boulevard is a fundamental element of the new
Hudson Yards district, which would continue to bring light to the mid-block areas and assist with
pedestrian and vehicular circulation.
5. The Hudson Park and Boulevard is part of the No. 7 Subway Extension - Hudson
Yards Rezoning and Development Program, which is a collaborative effort involving the City,
the Metropolitan Transportation Authority (“MTA”), and numerous City and State agencies for,
among other things, a rezoning affecting over 300 acres on the Far West Side of Midtown
Manhattan, an improved transit system, new parkland and a new mid-block boulevard system.
This comprehensive and interrelated zoning and transit improvement Project was designed to
accommodate additional commercial, residential and retail development over several decades.
6. On April 30, 2019, a duly noticed joint public hearing by the City was held, in
accordance with the provisions of Article 2 of the New York State Eminent Domain Procedure
Law (“EDPL”), regarding the Project.
7. At that hearing, a representative of the Hudson Yards Development Corporation
presented information to the public concerning the public use, benefits, and purposes to be
served by the proposed acquisitions for the Project, the reasons that the real property interests
were proposed to be acquired, and the general effect of the proposed acquisitions on the
environment and residents of the locality.
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8. In addition, copies of acquisition maps showing the specific locations and dimensions
of the property interests to be acquired by the City for the Project were displayed at the hearing
and made available upon request.
9. Representatives of the City (including the Department of Citywide Administrative
Services) were present at that April 30, 2019 public hearing and were given the transcript of that
hearing and the written comments subsequently submitted.
10. The record of the hearing was closed on May 21, 2019 at 5:00 p.m. All testimony
and written comments received at the hearing or by May 21, 2019 at 5:00 p.m., and all materials
made available at the hearing, were reviewed, made a part of the record, and afforded full
consideration.
11. Notices of the public hearing, copies of which notice are annexed hereto (with proofs
of publication) as Exhibit A, were duly published in five successive issues of the New York Post
on April 1, 2, 3, 4 and 5, 2019 and in five successive issues of The City Record on April 1, 2, 3,
4 and 5, 2019.
12. In addition to such publications, the City mailed copies of the notice of public
hearing, by certified mail, return receipt requested, to all assessment record billing owners, as
well as to all persons known to the City who might have an interest in one or more of the parcels
to be acquired. Further, on April 19, 2019, the City caused six copies of the notice of public
hearing to be posted within the Project area.
13. On August 8, 2019, pursuant to Section 204 of the EDPL, and based upon the record
of the hearing and having given due consideration to the comments of the public, the City made
the requisite determination and findings concerning the City’s proposed acquisitions of certain
real property, including the property interests that are the subject of this Petition. The City’s
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determination and findings was duly published in both The City Record and the New York Post
on August 15 and 16, 2019. A copy of the determination and findings (with proofs of
publication) is annexed hereto as Exhibit B.
14. On August 15, 2019, a true and complete copy of the City’s determination and
findings was mailed by certified mail, return receipt requested, to each assessment record billing
owner or his or her attorney of record whose property may be acquired, and others who may
have an interest in such property and who were known to the City. Additional mailings of true
and complete copies of the City’s determination and findings occurred on August 22, 26, 27, 28,
and 29, 2019, and September 4, 2019.
15. On May 24, 2022, the City commenced its first Phase 2 proceeding, identified as the
Phase 2, Stage 1 proceeding (New York County Supreme Court Index No. 451619/2022), to
acquire a portion of Manhattan Tax Block 708, Lot 20 (the “Stage 1 Parcel”) in connection with
the Project. By Order dated July 26, 2022, and duly entered in the office of the Clerk of the
County of New York on July 27, 2022, this Court granted the City’s Phase 2, Stage 1 petition.
Title to the Stage 1 Parcel vested in the City on August 9, 2022.
16. The Stage 3 acquisitions that are the subject of this proceeding are for the purpose of
extending Bella Abzug Park and Hudson Boulevard. The Park is to be extended from West 36th
to West 39th Streets and the Boulevard is to be extended from West 36th to West 38th Streets.
When complete, the mid-block park will run from 33rd to 39th Street and Hudson Boulevard will
run from 33rd to 38th Street, between 10th and 11th Avenues.
17. The real property to be acquired in fee simple absolute by the City in this proceeding,
but subject to paragraphs 23 through 27 below, is as follows: (a) Tax Block 708, Lot 48 (Damage
Parcel 1); and (b) portions of Tax Block 710, Lot 11 located within the Phase 2 Hudson
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Boulevard and Park (as that term is defined in the NYC Zoning Resolution) (Damage Parcels 2
and 3) (collectively, the “Stage 3 Fee Acquisition Parcels”). The Stage 3 Fee Acquisition Parcels
are described by metes and bounds on Schedule A, attached hereto. The City’s acquisition of
the Stage 3 Fee Acquisition Parcels shall include the acquisition of any improvements that are
located on the Stage 3 Fee Acquisition Parcels but that extend beyond any property line of such
Stage 3 Fee Acquisition Parcels.
18. The real property in which a temporary easement is to be acquired by the City in this
proceeding is 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) (the “Temporary Easement Parcel,” which together with the Stage 3 Fee
Acquisition Parcels shall be referred to herein as the “Stage 3 Acquisition Parcels”). The
Temporary Easement Parcel is described by metes and bounds on Schedule A, attached hereto.
19. The time during which the Temporary Easement Parcel will be taken is five years,
measured from the date of the acquisition of such interest.
20. The City’s acquisition of the 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.
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21. 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.
22. 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.
23. The City’s acquisition of interests in Tax Block 710, Lot 11 shall not include the
acquisition of any development rights based on “floor area” (as the term “floor area” is defined
in Section 12-10 of the NYC Zoning Resolution) (“Zoning Floor Area” or “ZFA”) associated
with the areas of Damage Parcels 2 and 3 (located within Hudson Park & Boulevard), which
development rights shall remain the property of the current owner of those areas, which upon
information and belief is 528-534 West 39 LLC (such entity, or the actual owner of Tax Block
710, Lot 11, if 528-534 West 39 LLC is not the owner, the “Owner”). Upon the City’s
acquisition of Damage Parcels 2 and 3, the legal right of the Owner to use such +/- 22,925 square
feet of Zoning Floor Area on the remaining portion of Tax Block 710, Lot 11 (the “Lot 11
Remainder”) (or any larger zoning lot of which the Lot 11 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 11.
24. In its letter dated March 23, 2023 (attached hereto as Exhibit C), the New York City
Department of City Planning (“DCP”) confirmed that after the City acquires the portions of Tax
Block 710 Lot 11 within Hudson Park & Boulevard (Damage Parcels 2 and 3), the Owner could
use the excluded +/- 22,925 square feet of Zoning Floor Area from those acquired portions on
the Lot 11 Remainder (or any larger zoning lot of which the Lot 11 Remainder is a part) or
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transfer that ZFA to a receiving site, as long as the Owner complies with the provisions of ZR
Section 93-32(a).
25. Additionally, 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”), which is attached hereto and made a part hereof as Exhibit D.
26. Specifically, the City’s acquisition of interests in Tax Block 710, Lot 11 shall be
subject to Amtrak’s right, title and interest in the line of railroad specifically described in the
Amtrak Deed, and more commonly known as the Empire Line.
27. 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).
28. In addition to excluding from this acquisition the rights of Amtrak and the
development rights associated with Block 710, Lot 11, as described above, 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,
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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.
29. Pursuant to Section 402 of the EDPL, the City has filed in the office of the Clerk of
the County of New York, a Notice of Pendency of this proceeding, a copy of which is annexed
hereto as Exhibit E.
30. The names and addresses of the owners, or other persons who may have an interest in
the Stage 3 Acquisition Parcels, are set forth in Schedule B to the Notice of Pendency that is
attached hereto as Exhibit D. If there are other persons having an interest in the Stage 3
Acquisition Parcels, their names are unknown to the City and its counsel.
31. In accordance with Section 402 of the EDPL, the City has caused a proposed
Acquisition Map to be prepared describing the real property and real property interests to be
acquired pursuant to this Petition. The Acquisition Map is attached hereto as Exhibit F.
32. On July 15, 2021, Deputy Mayor Vicki Been approved the subject acquisitions and
ordered the Corporation Counsel to institute acquisition proceedings.
33. Nothing in this petition is meant to modify, diminish or in any way impact Amtrak’s
right, title and interest under the Amtrak Deed.
34. Nothing in this petition is meant to modify, diminish or in any way impact Amtrak’s
ability to operate its Empire Line as currently configured.
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35. The City does not seek to acquire by condemnation in this proceeding any right, title
or interest held by Amtrak with regard to any of the Stage 3 Acquisition Parcels.
WHEREFORE, the City respectfully requests that this Court enter an Order:
1. granting the Petition in all respects;
2. authorizing the City to file the Acquisition Map, in the form annexed to this Petition,
in the Office of the Clerk of the County of New York or the Office of the City Register, Borough
of Manhattan;
3. directing that, upon the filing or recording of the Order granting this Petition and the
filing or recording of the Acquisition Map, the acquisition of the properties and real property
interests sought to be acquired shall be complete and all title to the Stage 3 Acquisition Parcels
sought to be acquired and described above shall vest in the City, together with the legal right of
possession, but, if occupied, the City shall have the right to seek possession pursuant to Section
405 of the EDPL or other applicable law;
4. providing that this Court shall determine all claims for just compensation arising from
the acquisition of the properties and real property interests and that such claims shall be heard
without a jury and without referral to a referee or commissioner;
5. directing that, within 30 days of the entry of the Order deciding this application, the
City shall cause a Notice of Acquisition to be published in at least ten successive issues of The
City Record, an official newspaper 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 upon
such condemnee’s attorney of record;
6. directing that each condemnee shall have a period not to exceed six months from the
date of entry of the Order deciding this application within which to file a written claim, demand,
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or notice of appearance with the Clerk of the Court. A copy of such claim, demand or notice of
appearance shall be served within the prescribed time upon the City's counsel, Hon. Sylvia 0.
Hinds-Radix, Corporation Counsel of the City of New York, 100 Church Street, New York, New
York 10007, Attn: Michael Chestnov, Esq., and upon Carter Ledyard & Milburn LLP, 28 Liberty
Street, 41 st Floor, New York, New York 10005, Attn: Michael H. Bauscher, Esq.; and
7. granting the City such other and further relief as this Court deems just and proper.
Dated: New York, New York
April 2023
HON. SYLVIA 0. HINDS-RADIX, CARTER LEDY ARD & MILBURN LLP
CORPORATJON COUNSEL OF THE CITY
OF NEW YORK
By: By:
Michae . Bauscher
Senior Counsel John R. Casolaro
Lee A. Ohliger
100 Church Street 28 Liberty Street, 41 st Floor
New York, New York 10007 New York, New York 10005
(212) 356-3529 (212) 732-3200
Attorneys.for Petitioner, Attorneys for Petitioner,
The City ofNew York The City ofNew York
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VERIFICATION
STATEOFNEWYORK )
COUNTY OF NEW YORK )
ROCHELLE COHEN, an attorney licensed to practice law in the State of New York,
affirms the following to be true under the penalties of perjury pursuant to CPLR 2106:
I have been duly designated as Acting Corporation Counsel of the City of New York and,
as such, I am an officer of The City of New York, the petitioner in the within proceeding.
I have read the foregoing petition and, upon information and belief, I assert the contents
thereof to be true. The grounds for my belief are the minutes of the proceedings of various
boards and agencies of the city government, and the maps or plans and other documents annexed
to said petition.
The reason why this verification is not made by the petitioner is that it is a municipal
corporation.
Dated: New York, New York
April 19, 2023
ROCHELLE COHEN
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Schedule A
METES AND BOUNDS DESCRIPTIONS OF STAGE 3 ACQUISITION PARCELS
DAMAGE PARCEL 1
BLOCK 708 LOT 48
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the southerly side of West 37th Street (60’ wide), distant 325.00 feet
westerly from the corner formed by the intersection of the southerly side of West 37th Street with
the westerly side of 10th Avenue (100’ wide) and running thence;
Southerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to the centerline
of the block between West 37th Street and West 36th Street (60’ wide), thence;
Westerly along said centerline and parallel with said southerly side of West 37th Street, 25.00
feet to a point, thence;
Northerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to a point on the
southerly side of West 37th Street, thence;
Easterly along said southerly side of West 37th Street 25.00 feet to the Point or Place of
BEGINNING.
Encompassing an area of 2,469 square feet more or less.
DAMAGE PARCEL 2
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the southerly side of west 39th Street (60’ wide), distant 363.26 feet
easterly from the corner formed by the southerly side of West 39th Street with the easterly side of
11th Avenue (100’ wide) and running thence;
Easterly along said southerly side of West 39th Street 36.74 feet to a point, thence;
Southerly along a line parallel with the easterly side of 11th Avenue, 45.42 feet to a point, thence;
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Easterly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a point,
thence;
Southerly along a line parallel with said easterly side of 11th Avenue, 7.00 feet to a point, thence;
Westerly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a point,
thence;
Southerly along a line parallel with said easterly side of 11th avenue, 46.33 feet to the centerline
of the block between West 38th Street and West 39th Street, thence
Westerly along said centerline and parallel with said southerly side of West 39th Street, 47.86
feet to a point, thence;
Thence northerly along a line forming an interior angle of 83° 34’ 25” with the previous course,
99.37 feet to the aforementioned southerly side of West 39th Street and the Point or Place of
BEGINNING.
Encompassing an area of 4,226 square feet more or less.
DAMAGE PARCEL 3
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant 341.01 feet
easterly from the corner formed by the northerly side of West 38th Street with the easterly side of
11th Avenue (100’ wide) and running thence;
Northerly along a line forming an exterior angle of 96° 25’ 35” with the previous course 80.28’
to a point, thence
Southerly along a line forming an interior angle of 06° 25’ 35” with the previous course and
parallel with said easterly side of 11th Avenue, 79.77 feet to the northerly side of West 38th
Street, thence;
Westerly along said northerly side of West 38th Street, 8.99 feet to the Point or Place of
BEGINNING.
Encompassing an area of 359 square feet more or less.
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DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL)
BLOCK 710 PART OF LOT 11
IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK
CITY AND STATE OF NEW YORK
All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of
Manhattan, City, County and State of New York, Bounded and Described as follows:
BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant 250.00 feet
easterly from the corner formed by the northerly side of West 38th Street with the easterly side of
11th Avenue (100’ wide) and running thence;
Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to the centerline
of the block between West 38th Street and West 39th Street (60’ wide), thence;
Easterly along said centerline and parallel with said northerly side of West 38th Street 50.00 feet
to a point, thence;
Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to a point on the
southerly side of West 39th Street, thence;
Easterly along said southerly side of West 39th Street, 63.26 feet to a point, thence;
Southerly along a line forming an interior angle of 83° 34’ 25” with the previous course, 99.37
feet to the centerline of the block between West 38th Street and West 39th Street, thence
Westerly along said centerline and parallel with said southerly side of West 39th Street, 2.14 feet
to a point, thence;
Thence southerly along a line parallel with said easterly side of 11th Avenue, 18.98 feet to a
point, thence;
Southerly along a line forming an interior angle of 173° 34’ 25” with the previous course, 80.28
feet to a point on the aforementioned northerly side of west 38th Street, thence
Westerly along the said northerly side of West 38th Street 91.01 feet to the Point or Place of
beginning.
Encompassing an area of 15,214 square feet more or less.
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List of Exhibits
Exhibit A Public Hearing Notice with Proofs of Publication
Exhibit B Determination and Findings with Proofs of Publication
Exhibit C 3/23/23 Letter from NYC Dept. of City Planning
Exhibit D 6/27/86 Amtrak Deed
Exhibit E Notice of Pendency
Exhibit F Proposed Acquisition Map
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Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------- x In the Matter of the Application of : : THE CITY OF NEW YORK, : Index No.: ______________ Petitioner, : : To Acquire by Exercise of its Powers of Eminent : Domain, Fee Interests in Certain Real Property : Known as Tax Block 708, Lot 48; and Fee Interests : and a Temporary Easement in Tax Block 710, Lot : VERIFIED PETITION 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 (the “City”), by its attorneys, Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, and Carter Ledyard & Milburn LLP, respectfully alleges: 1. Pursuant to Sections 8 and 381 of the New York City Charter (the “Charter”), the City is authorized to acquire title in fee to real property or any interest therein required for public use. 2. Pursuant to Sections 197-c and 197-d of the Charter, the acquisition of the real property interests described below was approved by the City Planning Commission on November 22, 2004, and by the City Council on January 19, 2005 (Resolution Nos. 759 and 782 through 791). 3. Hudson Park and Boulevard is an approximately 4-acre system of tree-lined parks and open space planned to run between 10th and 11th Avenues from West 33rd to West 39th Streets. The first phase of the Park and Boulevard was completed in 2015 and is located between West 11160600.9 1 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 33rd and West 36th Streets, and has been renamed Bella Abzug Park. Phase 2 of the Hudson Park and Boulevard system (the “Project”) will extend the Park north, from West 36th to West 39th Streets. The Project will also extend the Boulevard north from West 36th to West 38th Streets. 4. The completed Hudson Park and Boulevard is a fundamental element of the new Hudson Yards district, which would continue to bring light to the mid-block areas and assist with pedestrian and vehicular circulation. 5. The Hudson Park and Boulevard is part of the No. 7 Subway Extension - Hudson Yards Rezoning and Development Program, which is a collaborative effort involving the City, the Metropolitan Transportation Authority (“MTA”), and numerous City and State agencies for, among other things, a rezoning affecting over 300 acres on the Far West Side of Midtown Manhattan, an improved transit system, new parkland and a new mid-block boulevard system. This comprehensive and interrelated zoning and transit improvement Project was designed to accommodate additional commercial, residential and retail development over several decades. 6. On April 30, 2019, a duly noticed joint public hearing by the City was held, in accordance with the provisions of Article 2 of the New York State Eminent Domain Procedure Law (“EDPL”), regarding the Project. 7. At that hearing, a representative of the Hudson Yards Development Corporation presented information to the public concerning the public use, benefits, and purposes to be served by the proposed acquisitions for the Project, the reasons that the real property interests were proposed to be acquired, and the general effect of the proposed acquisitions on the environment and residents of the locality. -2- 11160600.9 2 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 8. In addition, copies of acquisition maps showing the specific locations and dimensions of the property interests to be acquired by the City for the Project were displayed at the hearing and made available upon request. 9. Representatives of the City (including the Department of Citywide Administrative Services) were present at that April 30, 2019 public hearing and were given the transcript of that hearing and the written comments subsequently submitted. 10. The record of the hearing was closed on May 21, 2019 at 5:00 p.m. All testimony and written comments received at the hearing or by May 21, 2019 at 5:00 p.m., and all materials made available at the hearing, were reviewed, made a part of the record, and afforded full consideration. 11. Notices of the public hearing, copies of which notice are annexed hereto (with proofs of publication) as Exhibit A, were duly published in five successive issues of the New York Post on April 1, 2, 3, 4 and 5, 2019 and in five successive issues of The City Record on April 1, 2, 3, 4 and 5, 2019. 12. In addition to such publications, the City mailed copies of the notice of public hearing, by certified mail, return receipt requested, to all assessment record billing owners, as well as to all persons known to the City who might have an interest in one or more of the parcels to be acquired. Further, on April 19, 2019, the City caused six copies of the notice of public hearing to be posted within the Project area. 13. On August 8, 2019, pursuant to Section 204 of the EDPL, and based upon the record of the hearing and having given due consideration to the comments of the public, the City made the requisite determination and findings concerning the City’s proposed acquisitions of certain real property, including the property interests that are the subject of this Petition. The City’s -3- 11160600.9 3 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 determination and findings was duly published in both The City Record and the New York Post on August 15 and 16, 2019. A copy of the determination and findings (with proofs of publication) is annexed hereto as Exhibit B. 14. On August 15, 2019, a true and complete copy of the City’s determination and findings was mailed by certified mail, return receipt requested, to each assessment record billing owner or his or her attorney of record whose property may be acquired, and others who may have an interest in such property and who were known to the City. Additional mailings of true and complete copies of the City’s determination and findings occurred on August 22, 26, 27, 28, and 29, 2019, and September 4, 2019. 15. On May 24, 2022, the City commenced its first Phase 2 proceeding, identified as the Phase 2, Stage 1 proceeding (New York County Supreme Court Index No. 451619/2022), to acquire a portion of Manhattan Tax Block 708, Lot 20 (the “Stage 1 Parcel”) in connection with the Project. By Order dated July 26, 2022, and duly entered in the office of the Clerk of the County of New York on July 27, 2022, this Court granted the City’s Phase 2, Stage 1 petition. Title to the Stage 1 Parcel vested in the City on August 9, 2022. 16. The Stage 3 acquisitions that are the subject of this proceeding are for the purpose of extending Bella Abzug Park and Hudson Boulevard. The Park is to be extended from West 36th to West 39th Streets and the Boulevard is to be extended from West 36th to West 38th Streets. When complete, the mid-block park will run from 33rd to 39th Street and Hudson Boulevard will run from 33rd to 38th Street, between 10th and 11th Avenues. 17. The real property to be acquired in fee simple absolute by the City in this proceeding, but subject to paragraphs 23 through 27 below, is as follows: (a) Tax Block 708, Lot 48 (Damage Parcel 1); and (b) portions of Tax Block 710, Lot 11 located within the Phase 2 Hudson -4- 11160600.9 4 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 Boulevard and Park (as that term is defined in the NYC Zoning Resolution) (Damage Parcels 2 and 3) (collectively, the “Stage 3 Fee Acquisition Parcels”). The Stage 3 Fee Acquisition Parcels are described by metes and bounds on Schedule A, attached hereto. The City’s acquisition of the Stage 3 Fee Acquisition Parcels shall include the acquisition of any improvements that are located on the Stage 3 Fee Acquisition Parcels but that extend beyond any property line of such Stage 3 Fee Acquisition Parcels. 18. The real property in which a temporary easement is to be acquired by the City in this proceeding is 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) (the “Temporary Easement Parcel,” which together with the Stage 3 Fee Acquisition Parcels shall be referred to herein as the “Stage 3 Acquisition Parcels”). The Temporary Easement Parcel is described by metes and bounds on Schedule A, attached hereto. 19. The time during which the Temporary Easement Parcel will be taken is five years, measured from the date of the acquisition of such interest. 20. The City’s acquisition of the 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. -5- 11160600.9 5 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 21. 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. 22. 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. 23. The City’s acquisition of interests in Tax Block 710, Lot 11 shall not include the acquisition of any development rights based on “floor area” (as the term “floor area” is defined in Section 12-10 of the NYC Zoning Resolution) (“Zoning Floor Area” or “ZFA”) associated with the areas of Damage Parcels 2 and 3 (located within Hudson Park & Boulevard), which development rights shall remain the property of the current owner of those areas, which upon information and belief is 528-534 West 39 LLC (such entity, or the actual owner of Tax Block 710, Lot 11, if 528-534 West 39 LLC is not the owner, the “Owner”). Upon the City’s acquisition of Damage Parcels 2 and 3, the legal right of the Owner to use such +/- 22,925 square feet of Zoning Floor Area on the remaining portion of Tax Block 710, Lot 11 (the “Lot 11 Remainder”) (or any larger zoning lot of which the Lot 11 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 11. 24. In its letter dated March 23, 2023 (attached hereto as Exhibit C), the New York City Department of City Planning (“DCP”) confirmed that after the City acquires the portions of Tax Block 710 Lot 11 within Hudson Park & Boulevard (Damage Parcels 2 and 3), the Owner could use the excluded +/- 22,925 square feet of Zoning Floor Area from those acquired portions on the Lot 11 Remainder (or any larger zoning lot of which the Lot 11 Remainder is a part) or -6- 11160600.9 6 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 transfer that ZFA to a receiving site, as long as the Owner complies with the provisions of ZR Section 93-32(a). 25. Additionally, 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”), which is attached hereto and made a part hereof as Exhibit D. 26. Specifically, the City’s acquisition of interests in Tax Block 710, Lot 11 shall be subject to Amtrak’s right, title and interest in the line of railroad specifically described in the Amtrak Deed, and more commonly known as the Empire Line. 27. 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). 28. In addition to excluding from this acquisition the rights of Amtrak and the development rights associated with Block 710, Lot 11, as described above, 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, -7- 11160600.9 7 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 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. 29. Pursuant to Section 402 of the EDPL, the City has filed in the office of the Clerk of the County of New York, a Notice of Pendency of this proceeding, a copy of which is annexed hereto as Exhibit E. 30. The names and addresses of the owners, or other persons who may have an interest in the Stage 3 Acquisition Parcels, are set forth in Schedule B to the Notice of Pendency that is attached hereto as Exhibit D. If there are other persons having an interest in the Stage 3 Acquisition Parcels, their names are unknown to the City and its counsel. 31. In accordance with Section 402 of the EDPL, the City has caused a proposed Acquisition Map to be prepared describing the real property and real property interests to be acquired pursuant to this Petition. The Acquisition Map is attached hereto as Exhibit F. 32. On July 15, 2021, Deputy Mayor Vicki Been approved the subject acquisitions and ordered the Corporation Counsel to institute acquisition proceedings. 33. Nothing in this petition is meant to modify, diminish or in any way impact Amtrak’s right, title and interest under the Amtrak Deed. 34. Nothing in this petition is meant to modify, diminish or in any way impact Amtrak’s ability to operate its Empire Line as currently configured. -8- 11160600.9 8 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 35. The City does not seek to acquire by condemnation in this proceeding any right, title or interest held by Amtrak with regard to any of the Stage 3 Acquisition Parcels. WHEREFORE, the City respectfully requests that this Court enter an Order: 1. granting the Petition in all respects; 2. authorizing the City to file the Acquisition Map, in the form annexed to this Petition, in the Office of the Clerk of the County of New York or the Office of the City Register, Borough of Manhattan; 3. directing that, upon the filing or recording of the Order granting this Petition and the filing or recording of the Acquisition Map, the acquisition of the properties and real property interests sought to be acquired shall be complete and all title to the Stage 3 Acquisition Parcels sought to be acquired and described above shall vest in the City, together with the legal right of possession, but, if occupied, the City shall have the right to seek possession pursuant to Section 405 of the EDPL or other applicable law; 4. providing that this Court shall determine all claims for just compensation arising from the acquisition of the properties and real property interests and that such claims shall be heard without a jury and without referral to a referee or commissioner; 5. directing that, within 30 days of the entry of the Order deciding this application, the City shall cause a Notice of Acquisition to be published in at least ten successive issues of The City Record, an official newspaper 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 upon such condemnee’s attorney of record; 6. directing that each condemnee shall have a period not to exceed six months from the date of entry of the Order deciding this application within which to file a written claim, demand, -9- 11160600.9 9 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 or notice of appearance with the Clerk of the Court. A copy of such claim, demand or notice of appearance shall be served within the prescribed time upon the City's counsel, Hon. Sylvia 0. Hinds-Radix, Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007, Attn: Michael Chestnov, Esq., and upon Carter Ledyard & Milburn LLP, 28 Liberty Street, 41 st Floor, New York, New York 10005, Attn: Michael H. Bauscher, Esq.; and 7. granting the City such other and further relief as this Court deems just and proper. Dated: New York, New York April 2023 HON. SYLVIA 0. HINDS-RADIX, CARTER LEDY ARD & MILBURN LLP CORPORATJON COUNSEL OF THE CITY OF NEW YORK By: By: Michae . Bauscher Senior Counsel John R. Casolaro Lee A. Ohliger 100 Church Street 28 Liberty Street, 41 st Floor New York, New York 10007 New York, New York 10005 (212) 356-3529 (212) 732-3200 Attorneys.for Petitioner, Attorneys for Petitioner, The City ofNew York The City ofNew York -10- 11160600.9 10 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 VERIFICATION STATEOFNEWYORK ) COUNTY OF NEW YORK ) ROCHELLE COHEN, an attorney licensed to practice law in the State of New York, affirms the following to be true under the penalties of perjury pursuant to CPLR 2106: I have been duly designated as Acting Corporation Counsel of the City of New York and, as such, I am an officer of The City of New York, the petitioner in the within proceeding. I have read the foregoing petition and, upon information and belief, I assert the contents thereof to be true. The grounds for my belief are the minutes of the proceedings of various boards and agencies of the city government, and the maps or plans and other documents annexed to said petition. The reason why this verification is not made by the petitioner is that it is a municipal corporation. Dated: New York, New York April 19, 2023 ROCHELLE COHEN -11- 11160600.9 11 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 Schedule A METES AND BOUNDS DESCRIPTIONS OF STAGE 3 ACQUISITION PARCELS DAMAGE PARCEL 1 BLOCK 708 LOT 48 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the southerly side of West 37th Street (60’ wide), distant 325.00 feet westerly from the corner formed by the intersection of the southerly side of West 37th Street with the westerly side of 10th Avenue (100’ wide) and running thence; Southerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to the centerline of the block between West 37th Street and West 36th Street (60’ wide), thence; Westerly along said centerline and parallel with said southerly side of West 37th Street, 25.00 feet to a point, thence; Northerly along a line parallel with said westerly side of 10th Avenue, 98.75 feet to a point on the southerly side of West 37th Street, thence; Easterly along said southerly side of West 37th Street 25.00 feet to the Point or Place of BEGINNING. Encompassing an area of 2,469 square feet more or less. DAMAGE PARCEL 2 BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the southerly side of west 39th Street (60’ wide), distant 363.26 feet easterly from the corner formed by the southerly side of West 39th Street with the easterly side of 11th Avenue (100’ wide) and running thence; Easterly along said southerly side of West 39th Street 36.74 feet to a point, thence; Southerly along a line parallel with the easterly side of 11th Avenue, 45.42 feet to a point, thence; 11160600.9 12 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 Easterly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a point, thence; Southerly along a line parallel with said easterly side of 11th Avenue, 7.00 feet to a point, thence; Westerly along a line parallel with said southerly side of West 39th Street, 7.00 feet to a point, thence; Southerly along a line parallel with said easterly side of 11th avenue, 46.33 feet to the centerline of the block between West 38th Street and West 39th Street, thence Westerly along said centerline and parallel with said southerly side of West 39th Street, 47.86 feet to a point, thence; Thence northerly along a line forming an interior angle of 83° 34’ 25” with the previous course, 99.37 feet to the aforementioned southerly side of West 39th Street and the Point or Place of BEGINNING. Encompassing an area of 4,226 square feet more or less. DAMAGE PARCEL 3 BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant 341.01 feet easterly from the corner formed by the northerly side of West 38th Street with the easterly side of 11th Avenue (100’ wide) and running thence; Northerly along a line forming an exterior angle of 96° 25’ 35” with the previous course 80.28’ to a point, thence Southerly along a line forming an interior angle of 06° 25’ 35” with the previous course and parallel with said easterly side of 11th Avenue, 79.77 feet to the northerly side of West 38th Street, thence; Westerly along said northerly side of West 38th Street, 8.99 feet to the Point or Place of BEGINNING. Encompassing an area of 359 square feet more or less. -13- 11160600.9 13 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 DAMAGE PARCEL 4 (TEMPORARY EASEMENT PARCEL) BLOCK 710 PART OF LOT 11 IN THE BOROUGH OF MANHATTAN, COUNTY OF NEW YORK CITY AND STATE OF NEW YORK All that certain plot, piece or parcel of land, Situate, Lying and Being in the Borough of Manhattan, City, County and State of New York, Bounded and Described as follows: BEGINNING at a point on the northerly side of West 38th Street (60’ wide), distant 250.00 feet easterly from the corner formed by the northerly side of West 38th Street with the easterly side of 11th Avenue (100’ wide) and running thence; Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to the centerline of the block between West 38th Street and West 39th Street (60’ wide), thence; Easterly along said centerline and parallel with said northerly side of West 38th Street 50.00 feet to a point, thence; Northerly along a line parallel with said easterly side of 11th Avenue, 98.75 feet to a point on the southerly side of West 39th Street, thence; Easterly along said southerly side of West 39th Street, 63.26 feet to a point, thence; Southerly along a line forming an interior angle of 83° 34’ 25” with the previous course, 99.37 feet to the centerline of the block between West 38th Street and West 39th Street, thence Westerly along said centerline and parallel with said southerly side of West 39th Street, 2.14 feet to a point, thence; Thence southerly along a line parallel with said easterly side of 11th Avenue, 18.98 feet to a point, thence; Southerly along a line forming an interior angle of 173° 34’ 25” with the previous course, 80.28 feet to a point on the aforementioned northerly side of west 38th Street, thence Westerly along the said northerly side of West 38th Street 91.01 feet to the Point or Place of beginning. Encompassing an area of 15,214 square feet more or less. -14- 11160600.9 14 of 15 FILED: NEW YORK COUNTY CLERK 04/19/2023 03:49 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2023 List of Exhibits Exhibit A Public Hearing Notice with Proofs of Publication Exhibit B Determination and Findings with Proofs of Publication Exhibit C 3/23/23 Letter from NYC Dept. of City Planning Exhibit D 6/27/86 Amtrak Deed Exhibit E Notice of Pendency Exhibit F Proposed Acquisition Map -15- 11160600.9 15 of 15