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  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
  • In The Matter Of The Application Of The City Of York, 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 v. NoneReal Property - Condemnation document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of the VERIFIED CLAIM THE CITY OF NEW YORK Petitioner, 451121/2023 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 BOULDEVARD PROJECT, PHASE 2, STAGE 3 x New York Aquarium Services, Inc. ("Claimant"), the former owner of trade fixtures located 37th at 522 West Street, New York, New York, a/k/a Block 708, Lot 48 on the tax map of the County of New York, State and City of New York (and identified as Damage Parcel 1 on the Hudson Park Boulevard, Phase 2, Stage 3 Damage and Acquisition Map (Exhibit "A.")), respectfully shows: 1. That Claimant's post office address is: 1811 W. Monterey Avenue, Burbank, CA 91506. 2. That Goldstein, Rikon, Rikon & Levi, P.C. has been retained as attorneys for Claimant. 3. That for the purpose of this proceeding the Claimant's post office address is c/o Goldstein, Rikon, Rikon & Levi, P.C., 381 Park Avenue South, Suite 901, New York, New York 10016. "B." 4. A schedule of fixtures is attached as Exhibit 5. That the taking of Claimant's property, as aforesaid, causes Claimant significant damage. Claimant is entitled to just compensation resulting from the fee simple acquisition, and Claimant prays for a hearing in support of its claim for damages resulting from the acquisition of its property. 6. That the rate of interest on the award, as provided by statute, deprives Claimant of equal protection of the laws and ofjust compensation, and Claimant prays for a just and equitable interest rate on said award. 7. That Claimant also asks for an additional amount, separately computed, for actual and necessary costs, disbursements, and expenses including, but not limited to, attorney, 1 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 appraiser, and engineer fees actually incurred pursuant to Eminent Domain Procedure Law ("EDPL") §701. 8. That Claimant also asks for an additional amount, separately computed, for incidental expenses reimbursable pursuant to EDPL § 702 (A). Dated: New York, New York November 27, 2023 Josh Rikon GOLDSTEIN, RIKON, RIKON & LEVI, P.C. Attorneys for Claimant 381 Park Avenue South, Suite 901 New York, New York 10016 Tel.: (212) 422-4000 2 2 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 VERI FICATION STATE OF GAMEORNIA ) ) ss: COUNTY OF NewYruk) Joseph Caparatta, being first duly sworn, deposes and says: I am the OU¾er of New York Aquarium Services, Inc.; that I make this Verification pursuant to New York CPLR § 3020(d); that I have read the foregoing Claim and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, I believe them to be true. New York Aquarium Services, Inc. By oseph Caparatta Sworn to me before this ..3tÛday of November, 2023 Notary Publi( G TOMMONtHudsonYardsPhase2\2663 veriGed Claim.docx 3 3 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 EXHIBIT A 4 4 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 04/1f/2023 DM-301 8tict70r NYSCEF4$1121/2023 DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Lapest Langmum NYSCEF: No. --- INDEX retir e RECE1VED 50dr - fuspT MAP upse AND f10f 3 ACQUlSITION '"bTAGE DAMAGE TW- g/200 ef "' Ongs; Jang "ye^%E2Jings "T¾oosonranx^so " asse2 f03 "Ir#",0" F.PR 21$age277mi27497 43 LOT LANGAN &T 4 1) wararmsmar ar.wmstarWT PARCEL n.oy MeeMee IIIsugen,anniansWYC1á wr Miti (DAMAGE M 49 K swcxm LOT Minvinger: 50 NEM LOT so.F . E·N-E 3, eY-Vá5-YMcF2cNetW 7 NO. DOC, o NYS-EF A .- ¯ibs 5 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 EXHIBIT B 5 6 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Fixture Inventory Manhattan Aquariums 522 West 375 Street New York, New York 10018 Title Vesting Date June 27, 2023 Prepared for Goldstein, Rikon, Rikon & Levi, P.C. 381 Park Avenue South (Suite 901) New York, New York 10016 © Benchmark Consulting Appraisers, Inc. 2023 All Rights Reserved 7 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 37"2 522 West Street New York, New York Itemization CRC DEP CSV Exterior 1. One, Custom, Extended Facade Mounted Sign, having brushed aluminum field finish and body, with custom crafted illuminated polycarbonate "logos" raised letters and as follows: A. Curved basic sign structure extending 48" from facade, 24' front face x 52"H for a total of 140± SF heavy gauge aluminum facia; B. 8- galvanized steel "L" mounting brackets shaped 5 LF each of 1/2"x2" metal having 2- 1"x6" anchor bolts into masonry each and welded to sign face 2" 8 locations / per weld; C. 18- 24"Hx3"D polycarbonate illuminated letters "Manhattan Aquariums"; D. Three, rained custom drop" created "water logo's illuminated, each 42"Hx24"Wx3"D; and -1- 8 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 522 West 375 Street New York, New York Itemization CRC DEP CSV continued E. One, power supply line in protected shielded cable with connection box, fed from local panel with 1/2" 50± LF, galvanized conduit, containing 220± LF #12 copper wire with devices and having integrated 24 hour timer switch control, and light sensor switch. 2. "Outrigger" Sign One, consisting of a fabric banner with thelettering Aquariums" "Manhattan with "logo" 8"H letters, components as follows: A. Two, 1-1/2"x30"L pipe extensions on flange base from masonry facade; and B. One, fabric banner 18"Wx108"H installed 30± feet above grade. 3. One, Exterior Mounted "Explosion Proof" Lighting Fixture, 150 Watt, in a steel protective cage with assembly, complete 12" with boring through masonry, weatherproof box 1/2" and 45± LF, galvanized conduit with 150± LF #12 copper wire and one light sensitive control switch. -2- 9 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 522 West 375 Street New York, New York Itemization CRC DEP CSV 4. One, Curb Cut, With Replacement Reinforced Sidewalk Installation as follows: A. One, 13'L curb cut; B. 138± SF removal 4" of standard sidewalk; C. 138± SF, excavation 6" of soil, deep; D. Disposal of 4.3 cu. yds. of debris, haul and dump; E. Install 138 SF, 3/4" stone base 4"D, rolled and compressed; and F. Installation of 138± SF, 6"T high strength concrete with steel mesh reinforcement. 5. 165± SF , Masonry Wall Demolition, consisting of: A. 52± LF, 12"T masonry wall 4" cutting brick 8" with concrete block; -3- 10 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 522 West 375 Street New York, New York Itemization CRC DEP CSV continued B. 165 SF, demolition of severed concrete facade 12"T; and C. 6.2± cu. yds., loading hauling and dumping of debris. 6. 59± SF Grouting in preparation for and 12" including 59 LF channel steel framing and support for opening to loading dock area. 7. Installation of 17'L+ 8" "I" Steel Beam Lintel above door opening. 8. One, Rolldown Coiling Galvanized Steel Gate, 10'3"Wx15'H, complete with chain hoist operating mechanism, receiver hood, 2"x2" angle iron hinged over" "close chain hoist enclosure with welded hasps and heavy duty padlocks. 9. Hand Painted Lettering & Logo on steel gates: A. One, white and "logo" blue (water drop) 53"Hx28"W; 11 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 37*25 522 West Street New York, New York Itemization CRC DEP CSV continued B. 12"H, lettering "Manhattan Aquariums"; C. 6"H, lettering "H", "NY", "A", "S"; and D. 3"H, lettering "of" "ome", "quarium", "ervice". 10. Two, Sheet Metal Signs, baked enamel finish, "stock" type: A. One, "No Parking/ active driveway"; and B. One, "Warning/ security cameras use" in with camera illustration. 11. Three, Raised Aluminum Numerals, affixed to building facade on brick veneer, 5"H, "522". 12. Demolition of 60 SF of 12"T Masonry Facade, to create doorway opening for shop, as follows: A. 32± LF, saw cutting of 12"T masonry wall; -5- 12 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 522 West 375 Street New York, New York Itemization CRC DEP CSV continued B. Demolition of 60 SF facade; and C. Disposal of 3.2 cu. yds. of debris. 13. Installation of Steel Support Lintel, 8'L, complete with grouting of opening 32± SF and 12" installation of two channel steel side caps, for mounting of entry door system. 14. One, Glass Entry Door System, 6'Wx8'H with 12"H glass transom above, all framing for transom, sides, threshold and pivot hinges are stainless steel, doors have lower cylinder locks in bottom stainless steel channel frame, doors are 1/2"T tempered glass. 15. One, Rolldown , Galvanized Steel, Manual Operation, Security Gate, 6'Wx12'Fi having receiver hood, 3" full channel steel frame anchored to masonry, welded hasps and heavy duty padlocks. -6- 13 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 37t25 522 West Street New York , New York Itemization CRC DEP CSV 16. One, Custom Created and Installed Safety Railing 78"Lx34"H overall, having two sections and mostly 2"x1" built of box steel framework as follows: A. Section One, mounted to steel anchor bar 1-1/2"x1/2"T to masonry facade 34"Hx34"L approx. 1"x2" 21 LF steel members 10 weld points with 3- welded mountings to side brace and one anchor into granite 30"D; and B. Section Two, swing capable gate, 34"Wx34"H, 1"x2" 12± LF, box steel members, 4 weld points, 5" two steel hinges to a post on section one, one "slide barrel type lock 7"L to open gate for loading boxes, entire unit painted prime and two coats enamel. 17. Three Windows, having security bars in place, 6'x6' each window or 36 SF, steel bars in steel permanently affixed frames, painted. -7- 14 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 37*²¹ 522 West Street New York, New York Itemization CRC DEP CSV 18. One, Window Mounted Sign, illuminated, "LED" lamping, stock type, 24"Wx12"H ceiling hung by chains, "OPEN", complete with 20 Amp dedicated duplex receptacle assembly. 19. One, Exterior Mounted "Domned", Security Camera, having low light capability, complete with wiring back to system. Interior M'ain Floor Front - Side Easterly Loading Dock Area 20. One, Divider/Partition Wall, to divide loading dock from retail shop, 2"x4" 9'Hx30'L, stud 12" frame set o.c. sheathed both sides 5/8" with two layers fire retardant sheetrock, all taped finished and painted prime and two coats latex. 21. One, Sliding Dock Access Door, solid core fire rated wooden construction, formica clad, pocket door, 48"Wx84"H, complete with all hardware, and frame. 15 of 62 FILED: NEW YORK COUNTY CLERK 12/04/2023 12:50 PM INDEX NO. 451121/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 12/04/2023 Manhattan Aquariums 522 West 375 Street New York, New York Itemization CRC DEP CSV 22. 220± SF, Loading Dock Supportive Paving, 4"- 4" consisting of 3 / crushed stone base, 6"T high strength concrete with steel mesh reinforcing installed complete "float" with finish. 96" 23. One, 2 Tube Fluorescent Fixture, surface mounted, complete with wiring box, BX Whip and 20± LF, galvanized conduit, power supply with 70± LF #12 copper wire and one single pole toggle switch assembly. 24. Two, Quadruplex Receptacles, Conduit Run,