Preview
FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------------x Index No.: 451121/2023
In the Matter of the Application of
THE CITY OF NEW YORK,
Petitioner, AFFIDAVIT OF
PUBLICATION
To Acquire by Exercise of its Powers of Eminent Domain,
Fee Interests in Certain Real Property Known as Tax Block
708, Lot 48 and Fee Interests and a Temporary Easement in
Tax Block 710, Lot 11; all Located in the Borough of
Manhattan, Required as Part of the
HUDSON PARK AND BOULEVARD PROJECT,
PHASE 2, STAGE 3.
---------------------------------------------------------------------------------x
STA TE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
JANAE C. FERREIRA being duly sworn, deposes and says:
I am the Editor of the City Record, the official newspaper of the City of New
Yark. The annexed advertisement has been duly published in at least ten (I 0) successive issues
of The City Record. The first day of publication was July 7, 2023, and the last day of publication
was July 20, 2023.
Sworn to before me, this
~ y of July, 2023 .
1 of 5
FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023
FRIDAY, JULY 7, 2023 THE CITY RECORD 3239
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.
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
SUPREME COURT within Hudson Park & Boulevard, which development rights sh!lll
remain the property of the former owner of those areas; which appears
NEW YORK COUNTY 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
SUPREME COURT OF THE STATE OF NEW YORK quitclaimed unto Amtrak pursuant to a Deed and Indenture, from CRC
COUNTY OF NEW YORK Properties, Inc., dated June 27, 1986, and recorded in the Office of the
----------------------------------------------------------x City Register, New York County, in Reel 1203, Page 1015 (the "Amtrak
Deed").
In the Matter of the Application of
PLEASE TAKE FURTHER NOTICE, that pursuant to said
THE CITY OF NEW YORK, Index No.: 451121/2023 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
Petitioner, the real property acquired in the above-referenced proceeding and
To Acquire.by Exercise of its Powers having any claim or demand on account thereof shall have until (and
of Eminent Domain, Fee Interests in NOTICE OF including) December 15, 2023 to file a written claim with the Clerk of
Certain Real Property Known as Tax ACQUISITION the Court of New York County, and to serve within the same timeframe
Block 708, Lot 48; and Fee Interests a copy thereof on the Corporation Counsel of the City of New York, Tax
and a Temporary Easement in Tax and Bankruptcy Litigation Division, 100 Church Street, New York,
Block 710, Lot 11; all Located in the New York 10007 and upon Carter Ledyard & Milburn LLP, 28 Liberty
Borough of Manhattan, Required as Street, 41" Floor, New York, New York 10005. Pursuant to EDPL § 504,
Part of the the claim shall include:
HUDSON PARK AND BOULEVARD (A) the name and post office address of the condemnee;
PROJECT, PHASE 2, STAGE 3. (B) reasonable identification by reference to the acquisition map,
-------------------------------------------x
or otherwise, of the property affected by the acquisition, and
the condemnee's interest therein;
PLEASE TAKE NOTICE, that by Order of the Supreme Court of (C) a general statement of the nature and type of damages
the State of New York, County of New York, IAS Part 17 (Hon. Shlomo claimed, including a schedule of fixture items which comprise
S. Hagler, J.S.C.), duly entered in the office of the Clerk of the County part or all of the damages claimed; and,
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 (D) if represented by an attorney, the name, address and telephone
to Tax Block 708, Lot 48, and portions of Tax Block 710, Lot 11 located number of the condemnee's attorney.
within the Phase 2 Hudson Boulevard and Park (as that:term is Pursuant to EDPL § 503(C), in the event a claim is made for
defined in the NYC Zoning Resolution); and a five-year temporary fixtures or for any interest other than the fee in the real property
easement over the portion of Tax Block 710, Lot 11 that is not being acquired, a copy of the claim, together with the schedule of fixture
acquired in fee simple absolute (westerly portion) and that is located items, if applicable, shall also be .served upon the fee owner of said real
outside the Phase 2 Hudson Boulevard and Park, for the purpose of property. ·
extending the Hudson Park and Boulevard in connection with the
HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3, PLEASE TAKE FURTIIER NOTICE, that, pursuant to§ 5-310 of
was granted and the City was thereby authorized to file an acquisition the New York City Administrative Code, proof of title shall be submitted
map with the Office of the Clerk of the County of New York and the to the Corporation Counsel of the City of New York, Tax and Bankruptcy
Office of the City Register, Borough of Manhattan. Said map, showing Litigation Division, 100 Church Street, New York, NY 10007.
the property interests acqµired by the City, was filed with the Office of Dated: New York, NY
the City Register on June 27, 2023, and was filed with the Office of the June 27, 2023
Clerk on June 27, 2023. The property interests vested in the City on
June 27, 2023. Hon. Sylvia 0. Hinds-Radix, CARTER LEDYARD &
PLEASE TAKE FURTHER NOTICE, that the property CORPORATION COUNSEL OF MILBURNLLP
acquired by the City in this Phas_e 2, Stage 3 of the Hudson Park and THE CITY OF NEW YORK
Boulevard Project includes fee interests in Manhattan Tax Block 708, By: Michael Chestnov By: Michael H. Bauscher
Lot 48, and portions of Tax Block 710, Lot 11 located within the Phase Senior Counsel John R. Casolaro
2 Hudson Boulevard and Park (collectively, the "Stage 3 Fee Acquisition 100 Church Street 28 Liberty Street
Parcels"); and a five-year temporary easement over the portion of Tax New York, NY 10007 New York, NY 10005
Block 710, Lot 11 that is not being acquired in fee simple absolute (212) 356-3529 (212) 732-3200
(westerly portion) and that is located outside the Phase 2 Hudson
Boulevard and Park (the "Temporary Easement Parcel", which together Attorneys for Petitioner, Attorneys for Petitioner,
with the Stage 3 Fee Acquisition Parcels shall be referred to as the The City of New York The City of New York
"Stage 3 Acquisition Parcels"), which is in the area generally bounded r jy7-20
by Tenth and Eleventh Avenues, West 36 th to West 39 th 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 froi:p 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 City ofNew York in partnership with PublicSurplus.com
(the "Building"), (ii) fill any subgrade area of the Temporary Easement posts online auctions. All auctions are open to the public.
2 of 5
FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023
3796 THE CITY RECORD THUB.SDAY, JULY 80, 8083
HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, PLEASE TAKE FURTHER NOTICE, that pursuant to said Order
STAGE4 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
PLEASE TAKE NOTICE, that by Order of the Supreme Court of the property acquired in the above-referenced proceeding and having any
State of New York, County of New York, IAS Part 17 (Hon. Shlomo S. claim or demand on account thereof shall have until (and including)
Hagler, J.S.C), duly entered in the office of the Clerk of the County of New December 27, 2023 to file a written claim with the Clerk of the Court of
York on June 27, 2023 (the "Order") [DE 29}, the application of the City of New York County, and to serve within the same timeframe a copy
New York (the "City") to acquire title in fee simple absolute to Tax Block thereof on the Corporation Counsel of the City of New York, Tax and
710, Lot 15 (subject to certain exclusions), for the purpose of extending Bankruptcy Litigation Division, 100 Church Street, New York, New
the Hudson Park in connection with the HUDSON PARK AND York 10007 and upon Carter Ledyard & Milburn LLP, 28 Liberty
BOULEVARD PROJECT, PHASE 2 STAGE 4, was granted and the City Street, 41 st Floor, New York, New York 10005. Pursuant to EDPL §504,
was thereby authorized to file an acquisition map with the Office of the the claim shall include:
Clerk of the County of New York and the Office of the City Register,
Borough of Manhattan. Said map, showing the property acquired by the (A) the name and post office address of the condemnee;
City, was.filed with the Office of the City Register on June 30, 2023, and (B) reasonable identification by reference to the acquisition map, or
was filed with the Office of the Clerk on June 30, 2023. otherwise, of the property affected by the acquisition, and the
condemnee's interest therein;
PLEASE TAKE FURTHER NOTICE, that the property acquired by (C) a general statement of the nature and type of damages claimed,
the City in this Phase 2, Stage 4 of the Hudson Park and Boulevard including a schedule of fixture items which comprise part or all of the
Project includes a fee interest in Manhattan Tax Block 710, Lot 15 (the damages claimed; and,
"Stage 4 Acquisition Parcel"), which is in the area generally bounded (D) ifrepresented by an attorney, the name, address and telephone
by Tenth and Eleventh Avenues, West 38th to West 39 th Streets, in the number of the condemnee's attorney.
Borough of Manhattan, City, County and State of New York. This
acquisition is for the purpose of extending the Hudson Park. When Pursuant to EDPL § 503(C), in the event a claim is made for fixtures or
completed, the mid-block park will run from 33n1 to 39 th Street and for any interest other than the fee in the real property acquired, a copy
Hudson Boulevard will run from 33n1 to 38 th Street, between 10th and of the claim, together with the schedule of fixture items, if applicable,
11 th Avenues. shall also be served upon the fee owner of said real property.
PLEASE TAKE FURTHER NOTICE, that the City's acquisition of PLEASE TAKE FURTHER NOTICE, that, pursuant to§ 5-310 of the
the Stage 4 Acquisition Parcel is under and subject to all right, title, and New York City Administrative Code, proof of title shall be submitted to
interest of Amtrak, which were remised, released and quitclaimed unto the Corporation Counsel of the City of New York, Tax and Bankruptcy
Litigation Division, 100 Church Street, New York, NY 10007.
Amtrak pursuant to a Deed and Indenture, from CRC Properties, Inc.,
dated June 27, 1986, and recorded in the Office of the City Register, Dated: New York, NY
New York County, in Reel 1203, Page 1015 (the "Amtrak Deed"). July 6, 2023
PLEASE TAKE FURTHER NOTICE, that the City's acquisition of
the Stage 4 Acquisition Parcel is under and subject to the terms and HON. SYLVIA O. HINDS-RADIX, CARTERLEDYARD&MILBURNLLP
conditions of that certain unrecorded agreement titled Mid-Town - CORPORATION COUNSEL OF
Jerrart -Amtrak Access and Construction Agreement Regarding THE CITY OF NEW YORK
Amtrak's West Side Rail Line, dated April 23, 1990, by and among By: Michael Chestnov By: Michael H. Bauscher
Mid-Town Development Limited Partnership, Jerrart Venture Senior Counsel .John R. Casolaro
("Jerrart"), and Amtrak (the "Access and Construction Agreement") that 100 Church Street 28 Liberty Street
is attached as Exhibit D to the City's Petition [DE 5), but the City's New York, New York 10007 New York, New York 10005
acquisition of the Stage 4 Acquisition Parcel is not subject to Exhibits
A-1, A-2, A-3, .a-1, or C-1 to the Access and Construction Agreement. (212) 356-3529 (212) 732-3200
The City's acquisition of the Stage 4 Acquisition Parcel includes Attorneys for Petitioner, Attorneys for Petitioner,
Jerrart's interests in the Access and Construction Agreement, but The City of New York The City of New York
excludes Amtrak's interests in the Access and Construction Agreement.
PLEASE TAKE FURTHER NOTICE, that the City's acquisition of jy14-27
the Stage 4 Acquisition Parcel is under and subject to the terms and
conditions of that certain unrecorded agreement titled Easement SUPREME COURT OF THE STATE OF NEW YORK
Agreement Between National Railroad Passenger Corporation and COUNTY OF NEW YORK
Jerrart Ventures dated August 27, 2015, by and between Jerrart and --------------------------- .------x
Amtrak (the "2015 Easement") that is attached as Exhibit E to the
City's Petition [DE 6). The City's acquisition of the Stage 4 Acquisition In the Matter of the Application of
Parcel includes Jerrart's interest in the 2015 Easement, but excludes THE CITY OF NEW YORK, Index No.: 451121/2023
Amtrak's interests in the 2015 Easement.
PLEASE TAKE FURTHER NOTICE, that the City's acquisition of Petitioner;.
the Stage 4 Acquisition Parcel is subject to Amtrak's rights under the To Acquire by Exercise of its Powers
2015 Easement including but not limited to Amtrak's easement rights of Eminent Domain, Fee Interests in NOTICE OF
in the signal shed, the billboard, and any other improvements made by Certain Real Property Known as Tax ACQUISITION
Amtrak or utilized by Amtrak that are located on the Stage 4 Block 708, Lot 48; and. Fee Interests
Acquisition Parcel. and a Temporary Easement in Tax
Block 710, Lot 11; all Located in the
PLEASE TAKE FURTHER NOTICE, that upon acquisition of the Borough of Manhattan, Required as
Stage 4 Acquisition Parcel, the City obtained, under and subject to the Part of the
terms and conditions of (i) the Amtrak Deed, (ii) Amtrak's rights under
the Access and Construction Agreement, and (iii) Amtrak's rights HUDSON PARK AND BOULEVARD
under the 2015 Easement, the rights and obligations of the "Developer" PROJECT, PHASE 2, STAGE 3.
of the Stage 4 Acquisition Parcel, as the term "Developer" is defined -------- --- --- ---------- -- ------ --··----·--- ---- ----- - - -- -X
and used in the Amtrak Deed (including Exhibit A to the Amtrak Deed) PLEASE TAKE NOTICE, that by Order of the Supreme Court of
and in the Access and Construction Agreement. the St11te of New York, County of New York, IAS Part 17 (Hon. Shlomo
PLEASE TAKE FURTHER NOTICE, that the City's acquisition of S. Hagler, J.S.C.), duly entered in the office of the Clerk of the County
the Stage 4 Acquisition Parcel is subject to that certain 31-page of New York on June 15, 2023 (the "Order") [DE 21), the application of
(excluding exhibits) Billboard Advertising Agreement between Amtrak the City of New York (the "City") to acquire title in fee simple absolute
and Clear Channel Outdoor, Inc. ("Clear Channel"), as amended by that to Tax Block 708, Lot 48, and portions of Tax Block 710, Lot 11 located
certain three-page First Amendment to Billboard Advertising within the Phase 2 Hudson Boulevard and Park (as that term is
Agreement dated December 20, 2015 (as so amended, the "Billboard defined in the NYC Zoning Resolution); and a five-year temporary
Advertising Agreement"), and shall not impair the rights of Amtrak or easement over the portion of Tax Block 710, Lot 11 that is not being
Clear Channel in the Billboard Advertising Agreement. acquired in fee simple absolute (westerly portion) and that is located
outside the Phase 2 Hudson Boulevard and Park, for the purpose of
PLESE TAKE FURTHER NOTICE, that the City's acquisition of the extending the Hudson Park and Boulevard in connection with the
Stage 4 Acquisition Parcel shall not impair the rights of Amtrak or HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3,
Jerrart in that certain eight-page Revenue Sharing Agreement dated was granted and the City was thereby authorized to file an acquisition
August 27, 2015 between Amtrak and Jerrart (the "Revenue Sharing map with the Office of the Clerk of the County of New York and the
Agreement") Office of the City Register, Borough of Manhattan. Said map, showing
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FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023
THURSDAY, JULY 20, 2023 THE CITY RECORD 3797
the property interests acquired by the. Ci:ty, was filed with the Office of Dated: New York, NY
the City Register on June 27, 2023, and was filed with the Office of the June 27, 2023
Clerk on June 27, 2023. The property interests vested in the City on
June 27, 2023. Hon. Sylvia 0. Hinds-Radix, CARTER LEDYARD &
CORPORATION COUNSEL OF MILBURNLLP
PLEASE TAKE FURTHER NOTICE, that the property THE CITY OF NEW YORK
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, By: Michael Chestnov By: Michael H. Bauscher
Lot 48, and portions of Tax Block 710, Lot 11 located within the Phase Senior Counsel John R. Casolaro
2 Hudson Boulevard and Park (collectively, the "Stage :;I Fee Acquisition 100 Church Street · 28 Liberty Street
Parcels"); and a five-year temporary easement over the portion of Tax New York, NY 10007 NewYork,NY 10005
Block 710, Lot 11 that is not being acquired in fee simple absolute (212) 356-3529 (212) 732-3200
(westerly portion) and that is located outside the Phase 2 Hudson
Boulevard and Park (the "Temporary Easement Parcel", which together Attorneys for Petitioner, Attorneys for Petitioner,
with the Stage 3 Fee Acquisition Parcels shall be referred to as the The City ofNew York The City of New York
"Stage 3 Acquisition Parcels"), which is in the area generally bounded jy7-20
by Tenth and Eleventh Avenues, West 36 th 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 City of New York in partnership with PublicSurplus.com
(the "Building"), (ii) fill any subgrade area of the Temporary Easement posts online auctions. All auctions are open to the public.
Parcel that had been occupied by a portion of the Building so that the Registration is free and new auctions are added daily. To review
entire Temporary Easement Parcel is at grade level; and (iii) use the auctions or register visit https://publicsurplus.com
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. · CITYWIDE ADMINISTRATIVE SERVICJ!lS
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
d.efined in Section 12-10 of the NYC .zoning Resolution) ("Zoning Floor The City of New York in partnership with IAAI.com posts vehicle and
Area" or "ZFA") associated with the areas Tax Block 710, Lot 11 located heavy machinery auctions online every week at:·
within Hudson Park & Boulevard, which development rights shall https://iaai.com/search?keyword=dcas+public
remain the property of the former owner of those areas, which appears All auctions are open to the public and registration is free.
to be 528-534 West 39 LLC.
Vehicles can be viewed in person at:
PLEASE TAKE FURTHER NOTICE, that the City's acquisition Insurance Auto Auctions, Green Yard
of interests in Tax Block 710, Lot 11 shall be under and subject to all 137 Peconic Avenue, Medford, NY 11763
right, title, and interest of Amtrak, which were remised, released, and Phone: (631) 207-3477
quitclaimed unto Amtrak pursuant to a Deed and Indenture, from CRC
Properties, Inc., dated June 27, 1986, and recorded in the Office of the No previous arrangements or phone calls are needed to preview.
City Register, New York County, in Reel 1203, Page 1015 (the "Amtrak Hours are Monday from 10:00 A.M. - 2:00 P.M.
Deed"). jy29-jl7
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" Floor, New York, New York 10005. Pursuant to EDPL § 504,
the .claim shall include: "Compete To Win" More Contracts/
(A) the name and post office address of the condemnee;
Thanks to a new City initiative - "Compete To Win" - the NYC
(B) reasonable identification by reference to the acquisition map, Department of Small Business Services offers a new set of FREE
or otherwise, of the property affected by the acquisition, and services to help create more opportunities for minority and
the condemnee's interest therein; WomensOwned BusineBBes to compete, connect and grow their
(C) a general statement of the nature and type of damages business with the City. With NYC Construction Loan, Technical
claimed, including a schedule of fixture items which comprise Assistance, NYC Construction Mentorship, Bond Readiness, and
part or all of the damages claimed; and, NYC Teaming services, the City will be able to help even more
small businesses than before.
(D) ifrepresented by an attorney, the name, address and telephone
number of the condemnee's attorney. • Win More Contracts, at ny~.govlcompetetowin
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 "The City ofNew York is committed to achieving excellence in
acquired, a copy of the claim, together with the schedule of fixture the design and construction of its capital program, and
items, if applicable, shall also be served upon the fee owner of said real building on the tradition of innovation in architecture and
property. · engineering that has contributed, to the City's prestige as a
PLEASE TAKE FURTHER NOTICE, that, pursuant to § 5-310 of global destination. The contracting opportunities for
the New York City Administrative Code, proof of title shall be submitted construction/construction services and construction-related
to the Corporation Counsel of the City of New York, Tax and Bankruptcy services that appear in the individual agency listings below
Litigation Division, 100 Church Street, New York, NY 10007. reff,ect that commitment to excellence."
4 of 5
FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------- x
In the Matter of the Application of :
:
THE CITY OF NEW YORK,
: Index No.: 451121/2023
Petitioner, :
:
To Acquire by Exercise of its Powers of Eminent
:
Domain, Fee Interests in Certain Real Property
: AFFIDAVIT OF PUBLICATION
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
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------------x Index No.: 451121/2023 In the Matter of the Application of THE CITY OF NEW YORK, Petitioner, AFFIDAVIT OF PUBLICATION To Acquire by Exercise of its Powers of Eminent Domain, Fee Interests in Certain Real Property Known as Tax Block 708, Lot 48 and Fee Interests and a Temporary Easement in Tax Block 710, Lot 11; all Located in the Borough of Manhattan, Required as Part of the HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3. ---------------------------------------------------------------------------------x STA TE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) JANAE C. FERREIRA being duly sworn, deposes and says: I am the Editor of the City Record, the official newspaper of the City of New Yark. The annexed advertisement has been duly published in at least ten (I 0) successive issues of The City Record. The first day of publication was July 7, 2023, and the last day of publication was July 20, 2023. Sworn to before me, this ~ y of July, 2023 . 1 of 5 FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023 FRIDAY, JULY 7, 2023 THE CITY RECORD 3239 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. 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 SUPREME COURT within Hudson Park & Boulevard, which development rights sh!lll remain the property of the former owner of those areas; which appears NEW YORK COUNTY 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 SUPREME COURT OF THE STATE OF NEW YORK quitclaimed unto Amtrak pursuant to a Deed and Indenture, from CRC COUNTY OF NEW YORK Properties, Inc., dated June 27, 1986, and recorded in the Office of the ----------------------------------------------------------x City Register, New York County, in Reel 1203, Page 1015 (the "Amtrak Deed"). In the Matter of the Application of PLEASE TAKE FURTHER NOTICE, that pursuant to said THE CITY OF NEW YORK, Index No.: 451121/2023 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 Petitioner, the real property acquired in the above-referenced proceeding and To Acquire.by Exercise of its Powers having any claim or demand on account thereof shall have until (and of Eminent Domain, Fee Interests in NOTICE OF including) December 15, 2023 to file a written claim with the Clerk of Certain Real Property Known as Tax ACQUISITION the Court of New York County, and to serve within the same timeframe Block 708, Lot 48; and Fee Interests a copy thereof on the Corporation Counsel of the City of New York, Tax and a Temporary Easement in Tax and Bankruptcy Litigation Division, 100 Church Street, New York, Block 710, Lot 11; all Located in the New York 10007 and upon Carter Ledyard & Milburn LLP, 28 Liberty Borough of Manhattan, Required as Street, 41" Floor, New York, New York 10005. Pursuant to EDPL § 504, Part of the the claim shall include: HUDSON PARK AND BOULEVARD (A) the name and post office address of the condemnee; PROJECT, PHASE 2, STAGE 3. (B) reasonable identification by reference to the acquisition map, -------------------------------------------x or otherwise, of the property affected by the acquisition, and the condemnee's interest therein; PLEASE TAKE NOTICE, that by Order of the Supreme Court of (C) a general statement of the nature and type of damages the State of New York, County of New York, IAS Part 17 (Hon. Shlomo claimed, including a schedule of fixture items which comprise S. Hagler, J.S.C.), duly entered in the office of the Clerk of the County part or all of the damages claimed; and, 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 (D) if represented by an attorney, the name, address and telephone to Tax Block 708, Lot 48, and portions of Tax Block 710, Lot 11 located number of the condemnee's attorney. within the Phase 2 Hudson Boulevard and Park (as that:term is Pursuant to EDPL § 503(C), in the event a claim is made for defined in the NYC Zoning Resolution); and a five-year temporary fixtures or for any interest other than the fee in the real property easement over the portion of Tax Block 710, Lot 11 that is not being acquired, a copy of the claim, together with the schedule of fixture acquired in fee simple absolute (westerly portion) and that is located items, if applicable, shall also be .served upon the fee owner of said real outside the Phase 2 Hudson Boulevard and Park, for the purpose of property. · extending the Hudson Park and Boulevard in connection with the HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3, PLEASE TAKE FURTIIER NOTICE, that, pursuant to§ 5-310 of was granted and the City was thereby authorized to file an acquisition the New York City Administrative Code, proof of title shall be submitted map with the Office of the Clerk of the County of New York and the to the Corporation Counsel of the City of New York, Tax and Bankruptcy Office of the City Register, Borough of Manhattan. Said map, showing Litigation Division, 100 Church Street, New York, NY 10007. the property interests acqµired by the City, was filed with the Office of Dated: New York, NY the City Register on June 27, 2023, and was filed with the Office of the June 27, 2023 Clerk on June 27, 2023. The property interests vested in the City on June 27, 2023. Hon. Sylvia 0. Hinds-Radix, CARTER LEDYARD & PLEASE TAKE FURTHER NOTICE, that the property CORPORATION COUNSEL OF MILBURNLLP acquired by the City in this Phas_e 2, Stage 3 of the Hudson Park and THE CITY OF NEW YORK Boulevard Project includes fee interests in Manhattan Tax Block 708, By: Michael Chestnov By: Michael H. Bauscher Lot 48, and portions of Tax Block 710, Lot 11 located within the Phase Senior Counsel John R. Casolaro 2 Hudson Boulevard and Park (collectively, the "Stage 3 Fee Acquisition 100 Church Street 28 Liberty Street Parcels"); and a five-year temporary easement over the portion of Tax New York, NY 10007 New York, NY 10005 Block 710, Lot 11 that is not being acquired in fee simple absolute (212) 356-3529 (212) 732-3200 (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and Park (the "Temporary Easement Parcel", which together Attorneys for Petitioner, Attorneys for Petitioner, with the Stage 3 Fee Acquisition Parcels shall be referred to as the The City of New York The City of New York "Stage 3 Acquisition Parcels"), which is in the area generally bounded r jy7-20 by Tenth and Eleventh Avenues, West 36 th to West 39 th 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 froi:p 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 City ofNew York in partnership with PublicSurplus.com (the "Building"), (ii) fill any subgrade area of the Temporary Easement posts online auctions. All auctions are open to the public. 2 of 5 FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023 3796 THE CITY RECORD THUB.SDAY, JULY 80, 8083 HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, PLEASE TAKE FURTHER NOTICE, that pursuant to said Order STAGE4 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 PLEASE TAKE NOTICE, that by Order of the Supreme Court of the property acquired in the above-referenced proceeding and having any State of New York, County of New York, IAS Part 17 (Hon. Shlomo S. claim or demand on account thereof shall have until (and including) Hagler, J.S.C), duly entered in the office of the Clerk of the County of New December 27, 2023 to file a written claim with the Clerk of the Court of York on June 27, 2023 (the "Order") [DE 29}, the application of the City of New York County, and to serve within the same timeframe a copy New York (the "City") to acquire title in fee simple absolute to Tax Block thereof on the Corporation Counsel of the City of New York, Tax and 710, Lot 15 (subject to certain exclusions), for the purpose of extending Bankruptcy Litigation Division, 100 Church Street, New York, New the Hudson Park in connection with the HUDSON PARK AND York 10007 and upon Carter Ledyard & Milburn LLP, 28 Liberty BOULEVARD PROJECT, PHASE 2 STAGE 4, was granted and the City Street, 41 st Floor, New York, New York 10005. Pursuant to EDPL §504, was thereby authorized to file an acquisition map with the Office of the the claim shall include: Clerk of the County of New York and the Office of the City Register, Borough of Manhattan. Said map, showing the property acquired by the (A) the name and post office address of the condemnee; City, was.filed with the Office of the City Register on June 30, 2023, and (B) reasonable identification by reference to the acquisition map, or was filed with the Office of the Clerk on June 30, 2023. otherwise, of the property affected by the acquisition, and the condemnee's interest therein; PLEASE TAKE FURTHER NOTICE, that the property acquired by (C) a general statement of the nature and type of damages claimed, the City in this Phase 2, Stage 4 of the Hudson Park and Boulevard including a schedule of fixture items which comprise part or all of the Project includes a fee interest in Manhattan Tax Block 710, Lot 15 (the damages claimed; and, "Stage 4 Acquisition Parcel"), which is in the area generally bounded (D) ifrepresented by an attorney, the name, address and telephone by Tenth and Eleventh Avenues, West 38th to West 39 th Streets, in the number of the condemnee's attorney. Borough of Manhattan, City, County and State of New York. This acquisition is for the purpose of extending the Hudson Park. When Pursuant to EDPL § 503(C), in the event a claim is made for fixtures or completed, the mid-block park will run from 33n1 to 39 th Street and for any interest other than the fee in the real property acquired, a copy Hudson Boulevard will run from 33n1 to 38 th Street, between 10th and of the claim, together with the schedule of fixture items, if applicable, 11 th Avenues. shall also be served upon the fee owner of said real property. PLEASE TAKE FURTHER NOTICE, that the City's acquisition of PLEASE TAKE FURTHER NOTICE, that, pursuant to§ 5-310 of the the Stage 4 Acquisition Parcel is under and subject to all right, title, and New York City Administrative Code, proof of title shall be submitted to interest of Amtrak, which were remised, released and quitclaimed unto the Corporation Counsel of the City of New York, Tax and Bankruptcy Litigation Division, 100 Church Street, New York, NY 10007. Amtrak pursuant to a Deed and Indenture, from CRC Properties, Inc., dated June 27, 1986, and recorded in the Office of the City Register, Dated: New York, NY New York County, in Reel 1203, Page 1015 (the "Amtrak Deed"). July 6, 2023 PLEASE TAKE FURTHER NOTICE, that the City's acquisition of the Stage 4 Acquisition Parcel is under and subject to the terms and HON. SYLVIA O. HINDS-RADIX, CARTERLEDYARD&MILBURNLLP conditions of that certain unrecorded agreement titled Mid-Town - CORPORATION COUNSEL OF Jerrart -Amtrak Access and Construction Agreement Regarding THE CITY OF NEW YORK Amtrak's West Side Rail Line, dated April 23, 1990, by and among By: Michael Chestnov By: Michael H. Bauscher Mid-Town Development Limited Partnership, Jerrart Venture Senior Counsel .John R. Casolaro ("Jerrart"), and Amtrak (the "Access and Construction Agreement") that 100 Church Street 28 Liberty Street is attached as Exhibit D to the City's Petition [DE 5), but the City's New York, New York 10007 New York, New York 10005 acquisition of the Stage 4 Acquisition Parcel is not subject to Exhibits A-1, A-2, A-3, .a-1, or C-1 to the Access and Construction Agreement. (212) 356-3529 (212) 732-3200 The City's acquisition of the Stage 4 Acquisition Parcel includes Attorneys for Petitioner, Attorneys for Petitioner, Jerrart's interests in the Access and Construction Agreement, but The City of New York The City of New York excludes Amtrak's interests in the Access and Construction Agreement. PLEASE TAKE FURTHER NOTICE, that the City's acquisition of jy14-27 the Stage 4 Acquisition Parcel is under and subject to the terms and conditions of that certain unrecorded agreement titled Easement SUPREME COURT OF THE STATE OF NEW YORK Agreement Between National Railroad Passenger Corporation and COUNTY OF NEW YORK Jerrart Ventures dated August 27, 2015, by and between Jerrart and --------------------------- .------x Amtrak (the "2015 Easement") that is attached as Exhibit E to the City's Petition [DE 6). The City's acquisition of the Stage 4 Acquisition In the Matter of the Application of Parcel includes Jerrart's interest in the 2015 Easement, but excludes THE CITY OF NEW YORK, Index No.: 451121/2023 Amtrak's interests in the 2015 Easement. PLEASE TAKE FURTHER NOTICE, that the City's acquisition of Petitioner;. the Stage 4 Acquisition Parcel is subject to Amtrak's rights under the To Acquire by Exercise of its Powers 2015 Easement including but not limited to Amtrak's easement rights of Eminent Domain, Fee Interests in NOTICE OF in the signal shed, the billboard, and any other improvements made by Certain Real Property Known as Tax ACQUISITION Amtrak or utilized by Amtrak that are located on the Stage 4 Block 708, Lot 48; and. Fee Interests Acquisition Parcel. and a Temporary Easement in Tax Block 710, Lot 11; all Located in the PLEASE TAKE FURTHER NOTICE, that upon acquisition of the Borough of Manhattan, Required as Stage 4 Acquisition Parcel, the City obtained, under and subject to the Part of the terms and conditions of (i) the Amtrak Deed, (ii) Amtrak's rights under the Access and Construction Agreement, and (iii) Amtrak's rights HUDSON PARK AND BOULEVARD under the 2015 Easement, the rights and obligations of the "Developer" PROJECT, PHASE 2, STAGE 3. of the Stage 4 Acquisition Parcel, as the term "Developer" is defined -------- --- --- ---------- -- ------ --··----·--- ---- ----- - - -- -X and used in the Amtrak Deed (including Exhibit A to the Amtrak Deed) PLEASE TAKE NOTICE, that by Order of the Supreme Court of and in the Access and Construction Agreement. the St11te of New York, County of New York, IAS Part 17 (Hon. Shlomo PLEASE TAKE FURTHER NOTICE, that the City's acquisition of S. Hagler, J.S.C.), duly entered in the office of the Clerk of the County the Stage 4 Acquisition Parcel is subject to that certain 31-page of New York on June 15, 2023 (the "Order") [DE 21), the application of (excluding exhibits) Billboard Advertising Agreement between Amtrak the City of New York (the "City") to acquire title in fee simple absolute and Clear Channel Outdoor, Inc. ("Clear Channel"), as amended by that to Tax Block 708, Lot 48, and portions of Tax Block 710, Lot 11 located certain three-page First Amendment to Billboard Advertising within the Phase 2 Hudson Boulevard and Park (as that term is Agreement dated December 20, 2015 (as so amended, the "Billboard defined in the NYC Zoning Resolution); and a five-year temporary Advertising Agreement"), and shall not impair the rights of Amtrak or easement over the portion of Tax Block 710, Lot 11 that is not being Clear Channel in the Billboard Advertising Agreement. acquired in fee simple absolute (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and Park, for the purpose of PLESE TAKE FURTHER NOTICE, that the City's acquisition of the extending the Hudson Park and Boulevard in connection with the Stage 4 Acquisition Parcel shall not impair the rights of Amtrak or HUDSON PARK AND BOULEVARD PROJECT, PHASE 2, STAGE 3, Jerrart in that certain eight-page Revenue Sharing Agreement dated was granted and the City was thereby authorized to file an acquisition August 27, 2015 between Amtrak and Jerrart (the "Revenue Sharing map with the Office of the Clerk of the County of New York and the Agreement") Office of the City Register, Borough of Manhattan. Said map, showing 3 of 5 FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023 THURSDAY, JULY 20, 2023 THE CITY RECORD 3797 the property interests acquired by the. Ci:ty, was filed with the Office of Dated: New York, NY the City Register on June 27, 2023, and was filed with the Office of the June 27, 2023 Clerk on June 27, 2023. The property interests vested in the City on June 27, 2023. Hon. Sylvia 0. Hinds-Radix, CARTER LEDYARD & CORPORATION COUNSEL OF MILBURNLLP PLEASE TAKE FURTHER NOTICE, that the property THE CITY OF NEW YORK 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, By: Michael Chestnov By: Michael H. Bauscher Lot 48, and portions of Tax Block 710, Lot 11 located within the Phase Senior Counsel John R. Casolaro 2 Hudson Boulevard and Park (collectively, the "Stage :;I Fee Acquisition 100 Church Street · 28 Liberty Street Parcels"); and a five-year temporary easement over the portion of Tax New York, NY 10007 NewYork,NY 10005 Block 710, Lot 11 that is not being acquired in fee simple absolute (212) 356-3529 (212) 732-3200 (westerly portion) and that is located outside the Phase 2 Hudson Boulevard and Park (the "Temporary Easement Parcel", which together Attorneys for Petitioner, Attorneys for Petitioner, with the Stage 3 Fee Acquisition Parcels shall be referred to as the The City ofNew York The City of New York "Stage 3 Acquisition Parcels"), which is in the area generally bounded jy7-20 by Tenth and Eleventh Avenues, West 36 th 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 City of New York in partnership with PublicSurplus.com (the "Building"), (ii) fill any subgrade area of the Temporary Easement posts online auctions. All auctions are open to the public. Parcel that had been occupied by a portion of the Building so that the Registration is free and new auctions are added daily. To review entire Temporary Easement Parcel is at grade level; and (iii) use the auctions or register visit https://publicsurplus.com 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. · CITYWIDE ADMINISTRATIVE SERVICJ!lS 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 d.efined in Section 12-10 of the NYC .zoning Resolution) ("Zoning Floor The City of New York in partnership with IAAI.com posts vehicle and Area" or "ZFA") associated with the areas Tax Block 710, Lot 11 located heavy machinery auctions online every week at:· within Hudson Park & Boulevard, which development rights shall https://iaai.com/search?keyword=dcas+public remain the property of the former owner of those areas, which appears All auctions are open to the public and registration is free. to be 528-534 West 39 LLC. Vehicles can be viewed in person at: PLEASE TAKE FURTHER NOTICE, that the City's acquisition Insurance Auto Auctions, Green Yard of interests in Tax Block 710, Lot 11 shall be under and subject to all 137 Peconic Avenue, Medford, NY 11763 right, title, and interest of Amtrak, which were remised, released, and Phone: (631) 207-3477 quitclaimed unto Amtrak pursuant to a Deed and Indenture, from CRC Properties, Inc., dated June 27, 1986, and recorded in the Office of the No previous arrangements or phone calls are needed to preview. City Register, New York County, in Reel 1203, Page 1015 (the "Amtrak Hours are Monday from 10:00 A.M. - 2:00 P.M. Deed"). jy29-jl7 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" Floor, New York, New York 10005. Pursuant to EDPL § 504, the .claim shall include: "Compete To Win" More Contracts/ (A) the name and post office address of the condemnee; Thanks to a new City initiative - "Compete To Win" - the NYC (B) reasonable identification by reference to the acquisition map, Department of Small Business Services offers a new set of FREE or otherwise, of the property affected by the acquisition, and services to help create more opportunities for minority and the condemnee's interest therein; WomensOwned BusineBBes to compete, connect and grow their (C) a general statement of the nature and type of damages business with the City. With NYC Construction Loan, Technical claimed, including a schedule of fixture items which comprise Assistance, NYC Construction Mentorship, Bond Readiness, and part or all of the damages claimed; and, NYC Teaming services, the City will be able to help even more small businesses than before. (D) ifrepresented by an attorney, the name, address and telephone number of the condemnee's attorney. • Win More Contracts, at ny~.govlcompetetowin 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 "The City ofNew York is committed to achieving excellence in acquired, a copy of the claim, together with the schedule of fixture the design and construction of its capital program, and items, if applicable, shall also be served upon the fee owner of said real building on the tradition of innovation in architecture and property. · engineering that has contributed, to the City's prestige as a PLEASE TAKE FURTHER NOTICE, that, pursuant to § 5-310 of global destination. The contracting opportunities for the New York City Administrative Code, proof of title shall be submitted construction/construction services and construction-related to the Corporation Counsel of the City of New York, Tax and Bankruptcy services that appear in the individual agency listings below Litigation Division, 100 Church Street, New York, NY 10007. reff,ect that commitment to excellence." 4 of 5 FILED: NEW YORK COUNTY CLERK 07/27/2023 09:13 AM INDEX NO. 451121/2023 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------- x In the Matter of the Application of : : THE CITY OF NEW YORK, : Index No.: 451121/2023 Petitioner, : : To Acquire by Exercise of its Powers of Eminent : Domain, Fee Interests in Certain Real Property : AFFIDAVIT OF PUBLICATION 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 5 of 5