Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of
THE CITY OF NEW YORK,
Index No.: 451121/2023
Petitioner,
To Acquire by Exercise of its Powers of Eminent
Domain, Fee Interests in Certain Real Property
NOTICE OF ACQUISITION
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 BOULEYARD PROJECT,
PHASE 2, STAGE 3.
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PLEASE TAKE NOTICE, that by Order of the Supreme Court of the State of New
York, County of New York, IAS Part 17 (Hon. Shlomo S. Hagler, J.S.C.), duly entered in the
office of the Clerk of the County of New York on June 15, 2023 (the "Order") [DE 21], the
application of the City of New York (the "City") to acquire title in fee simple absolute to Tax
Block 708, Lot 48, and 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); and a five-year
temporary easement over the portion of Tax Block 710, Lot 11 that is not being acquired in fee
simple absolute (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and
Park, for the purpose of extending the Hudson Park and Boulevard in connection with the
HUDSON PARK AND BOULEYARD PROJECT, PHASE 2, STAGE 3, was granted and the
City was thereby authorized to file an acquisition map with the Office of the Clerk of the County
ofNew York and the Office of the City Register, Borough of Manhattan. Said map, showing the
property interests acquired by the City, was filed with the Office of the City Register on June 27,
2023, and was filed with the Office of the Clerk on June 27, 2023. The property interests vested
in the City on June 27, 2023.
11194516.1
FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
PLEASE TAKE FURTHER NOTICE, that the property acquired by the City in this
Phase 2, Stage 3 of the Hudson Park and Boulevard Project includes fee interests in Manhattan
Tax Block 708, Lot 48, and portions of Tax Block 710, Lot 11 located within the Phase 2
Hudson Boulevard and Park (collectively, the "Stage 3 Fee Acquisition Parcels"); and a five-year
temporary easement over the portion of Tax Block 710, Lot 11 that is not being acquired in fee
simple absolute (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and
Park (the "Temporary Easement Parcel", which together with the Stage 3 Fee Acquisition
Parcels shall be referred to as the "Stage 3 Acquisition Parcels"), which is in the area generally
bounded by Tenth and Eleventh Avenues, West 36th to West 39th Streets, in the Borough of
Manhattan, City, County and State of New York. These acquisitions are for the purpose of
extending the Hudson Park and Boulevard. 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.
PLEASE TAKE FURTHER NOTICE, that 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. 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.
2
11194516.1
FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
PLEASE TAKE FURTHER NOTICE, that the City's acquisition of interests in Tax
Block 710, Lot 11 shall not include the acquisition of any development rights based on "floor
area" (as the term "floor area" is defined in Section 12-10 of the NYC Zoning Resolution)
("Zoning Floor Area" or "ZFA") associated with the areas Tax Block 710, Lot 11 located within
Hudson Park & Boulevard, which development rights shall remain the property of the former
owner of those areas, which appears to be 528-534 West 39 LLC.
PLEASE TAKE FURTHER NOTICE, 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").
PLEASE TAKE FURTHER NOTICE, that pursuant to said Order and to§§ 503 and
504 of the Eminent Domain Procedure Law ("EDPL") of the State of New York, each and every
person interested in the real property acquired in the above-referenced proceeding and having
any claim or demand on account thereof shall have until (and including) December 15, 2023 to
file a written claim with the Clerk of the Court of New York County, and to serve within the
same timeframe a copy thereof on the Corporation Counsel of the City of New York, Tax and
Bankruptcy Litigation Division, 100 Church Street, New York, New York 10007 and upon
Carter Ledyard & Milburn LLP, 28 Liberty Street, 41 st Floor, New York, New York 10005.
Pursuant to EDPL § 504, the claim shall include:
(A) the name and post office address of the condemnee;
(B) reasonable identification by reference to the acquisition map, or otherwise, of the
property affected by the acquisition, and the condemnee's interest therein;
(C) a general statement of the nature and type of damages claimed, including a schedule
of fixture items which comprise part or all of the damages claimed; and,
3
11194516.l
FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
(D) if represented by an attorney, the name, address and telephone number of the
condemnee's attorney.
Pursuant to EDPL § 503(C), in the event a claim is made for fixtures or for any interest
other than the fee in the real property acquired, a copy of the claim, together with the schedule of
fixture items, if applicable, shall also be served upon the fee owner of said real property.
PLEASE TAKE FURTHER NOTICE, that, pursuant to§ 5-310 of the New York City
Administrative Code, proof of title shall be submitted to the Corporation Counsel of the City of
New York, Tax and Bankruptcy Litigation Division, 100 Church Street, New York, NY, 10007.
Dated: New York, New York
June 27, 2023
HON. SYLVIA 0. HINDS-RADIX, CARTER LEDYARD & MILBURN LLP
CORPORATION COUNSEL OF THE
CITY .O F J , I E ~ ~- ~-...
By:/~~·/~
By: _ _ /LifJ3
______
Michael Chestnov Michael H. Bauscher
Senior Counsel John R. Casolaro
100 Church Street 28 Liberty Street
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
4
11194516.1
FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In the Matter of the Application of :
:
THE CITY OF NEW YORK,
: Index No.: 451121/2023
Petitioner, :
:
To Acquire by Exercise of its Powers of Eminent
:
Domain, Fee Interests in Certain Real Property
: NOTICE OF ACQUISITION
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.
:
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CARTER LEDYARD & MILBURN LLP
COUNSELORS AT LAW
28 LIBERTY STREET
NEW YORK, N.Y. 10005
___________
Tel: (212) 732-3200
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x In the Matter of the Application of THE CITY OF NEW YORK, Index No.: 451121/2023 Petitioner, To Acquire by Exercise of its Powers of Eminent Domain, Fee Interests in Certain Real Property NOTICE OF ACQUISITION 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 BOULEYARD PROJECT, PHASE 2, STAGE 3. ---------------------------------------------------------------------x PLEASE TAKE NOTICE, that by Order of the Supreme Court of the State of New York, County of New York, IAS Part 17 (Hon. Shlomo S. Hagler, J.S.C.), duly entered in the office of the Clerk of the County of New York on June 15, 2023 (the "Order") [DE 21], the application of the City of New York (the "City") to acquire title in fee simple absolute to Tax Block 708, Lot 48, and 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); and a five-year temporary easement over the portion of Tax Block 710, Lot 11 that is not being acquired in fee simple absolute (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and Park, for the purpose of extending the Hudson Park and Boulevard in connection with the HUDSON PARK AND BOULEYARD PROJECT, PHASE 2, STAGE 3, was granted and the City was thereby authorized to file an acquisition map with the Office of the Clerk of the County ofNew York and the Office of the City Register, Borough of Manhattan. Said map, showing the property interests acquired by the City, was filed with the Office of the City Register on June 27, 2023, and was filed with the Office of the Clerk on June 27, 2023. The property interests vested in the City on June 27, 2023. 11194516.1 FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 PLEASE TAKE FURTHER NOTICE, that the property acquired by the City in this Phase 2, Stage 3 of the Hudson Park and Boulevard Project includes fee interests in Manhattan Tax Block 708, Lot 48, and portions of Tax Block 710, Lot 11 located within the Phase 2 Hudson Boulevard and Park (collectively, the "Stage 3 Fee Acquisition Parcels"); and a five-year temporary easement over the portion of Tax Block 710, Lot 11 that is not being acquired in fee simple absolute (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and Park (the "Temporary Easement Parcel", which together with the Stage 3 Fee Acquisition Parcels shall be referred to as the "Stage 3 Acquisition Parcels"), which is in the area generally bounded by Tenth and Eleventh Avenues, West 36th to West 39th Streets, in the Borough of Manhattan, City, County and State of New York. These acquisitions are for the purpose of extending the Hudson Park and Boulevard. 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. PLEASE TAKE FURTHER NOTICE, that 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. 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. 2 11194516.1 FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 PLEASE TAKE FURTHER NOTICE, that the City's acquisition of interests in Tax Block 710, Lot 11 shall not include the acquisition of any development rights based on "floor area" (as the term "floor area" is defined in Section 12-10 of the NYC Zoning Resolution) ("Zoning Floor Area" or "ZFA") associated with the areas Tax Block 710, Lot 11 located within Hudson Park & Boulevard, which development rights shall remain the property of the former owner of those areas, which appears to be 528-534 West 39 LLC. PLEASE TAKE FURTHER NOTICE, 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"). PLEASE TAKE FURTHER NOTICE, that pursuant to said Order and to§§ 503 and 504 of the Eminent Domain Procedure Law ("EDPL") of the State of New York, each and every person interested in the real property acquired in the above-referenced proceeding and having any claim or demand on account thereof shall have until (and including) December 15, 2023 to file a written claim with the Clerk of the Court of New York County, and to serve within the same timeframe a copy thereof on the Corporation Counsel of the City of New York, Tax and Bankruptcy Litigation Division, 100 Church Street, New York, New York 10007 and upon Carter Ledyard & Milburn LLP, 28 Liberty Street, 41 st Floor, New York, New York 10005. Pursuant to EDPL § 504, the claim shall include: (A) the name and post office address of the condemnee; (B) reasonable identification by reference to the acquisition map, or otherwise, of the property affected by the acquisition, and the condemnee's interest therein; (C) a general statement of the nature and type of damages claimed, including a schedule of fixture items which comprise part or all of the damages claimed; and, 3 11194516.l FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 (D) if represented by an attorney, the name, address and telephone number of the condemnee's attorney. Pursuant to EDPL § 503(C), in the event a claim is made for fixtures or for any interest other than the fee in the real property acquired, a copy of the claim, together with the schedule of fixture items, if applicable, shall also be served upon the fee owner of said real property. PLEASE TAKE FURTHER NOTICE, that, pursuant to§ 5-310 of the New York City Administrative Code, proof of title shall be submitted to the Corporation Counsel of the City of New York, Tax and Bankruptcy Litigation Division, 100 Church Street, New York, NY, 10007. Dated: New York, New York June 27, 2023 HON. SYLVIA 0. HINDS-RADIX, CARTER LEDYARD & MILBURN LLP CORPORATION COUNSEL OF THE CITY .O F J , I E ~ ~- ~-... By:/~~·/~ By: _ _ /LifJ3 ______ Michael Chestnov Michael H. Bauscher Senior Counsel John R. Casolaro 100 Church Street 28 Liberty Street 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 4 11194516.1 FILED: NEW YORK COUNTY CLERK 06/28/2023 11:35 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 06/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------- x In the Matter of the Application of : : THE CITY OF NEW YORK, : Index No.: 451121/2023 Petitioner, : : To Acquire by Exercise of its Powers of Eminent : Domain, Fee Interests in Certain Real Property : NOTICE OF ACQUISITION 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 CARTER LEDYARD & MILBURN LLP COUNSELORS AT LAW 28 LIBERTY STREET NEW YORK, N.Y. 10005 ___________ Tel: (212) 732-3200