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A05688 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5688
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 22, 2023
                                       ___________
 
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Cities
 
        AN ACT authorizing the city of New York to discontinue certain  parkland
          in  Flushing  Meadows  Corona  Park in the borough of Queens currently
          consisting of asphalt parking lots to allow for a new development with
          at least twenty acres of parkland

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1  Section  1.  Subject  to the provisions of this act, but notwithstanding
     2  any provision of law to the contrary, including without  limitation  the
     3  provisions  of  chapter 729 of the laws of 1961, the city of New York is
     4  authorized to discontinue the use as parkland and alienate  through  the
     5  entering  of leases or other agreements with New Green Willets, LLC, its
     6  affiliates, and any other entity or  entities  the  lands  described  in
     7  section  three of this act for the purposes of developing, constructing,
     8  maintaining, operating, using, or occupying such  lands  with  a  gaming
     9  facility  and,  in  conjunction  with such facility, commercial, retail,
    10  entertainment, recreational, hotel, convention, and/or community facili-
    11  ty uses, parking, and/or roadways, upon such terms and conditions as may
    12  be agreed upon by the city and such company, affiliate and other entity.
    13    § 2. The authorization provided in section one of this  act  shall  be
    14  effective only upon the condition that the city of New York dedicates an
    15  amount  equal  to or greater than the fair market value of the parklands
    16  being discontinued towards the acquisition of new parklands and/or capi-
    17  tal improvements to existing parklands and recreational facilities with-
    18  in the borough of Queens, which capital improvements shall  include  the
    19  development of no less than twenty acres of free of charge open space on
    20  parkland within the land described in section three of this act or adja-
    21  cent  parkland,  including  a north-south connection from the passerelle
    22  pedestrian bridge towards Flushing Bay, provided  that,  notwithstanding

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10298-02-3

        A. 5688                             2
 
     1  any provision of law to the contrary, the city of New York is authorized
     2  to  enter  into  leases or other agreements with such company, affiliate
     3  and other entity to construct, maintain and operate such open  space  on
     4  such  parkland  in  accordance  with this act for a term of no more than
     5  thirty years.
     6    § 3. The lands authorized to be discontinued as parklands pursuant  to
     7  section one of this act are as follows:
     8    All  that  certain  lot, piece, or parcel of land situated, lying, and
     9  being in the Borough and County of Queens, City and State of  New  York,
    10  being more particularly bounded and described as follows:
    11    Commencing  at  the corner formed by the intersection of the southerly
    12  line of Roosevelt Avenue (80' wide)  and  the  westerly  line  of  126th
    13  Street (80' wide) and running thence;
    14    A.  Along  the  southerly line of Roosevelt Avenue, S 68° 30' 17" W, a
    15  distance of 10.20' to a point, thence;
    16    B. Along a line that bears, N 21° 29' 43" W, a distance of 80.00' to a
    17  point on the northerly line of Roosevelt Avenue and being the TRUE point
    18  of BEGINNING, and running thence;
    19    1. Along the northerly line of Roosevelt Avenue, S 68° 30'  17"  W,  a
    20  distance  of  2,377.78'  to  a point on a curve of the easterly easement
    21  line of the Grand Central Parkway, thence;
    22    2. Along the easterly easement line with a non-tangent  curve  to  the
    23  right,  having a radius of 1,693.22', an arc length of 623.63', an inte-
    24  rior angle of 21° 06' 09", and a chord that bears N 10°  40'  23"  W,  a
    25  distance of 620.11' to a point of compound curvature, thence;
    26    3. Continuing along the same with a curve to the right, having a radi-
    27  us  of  2,380.03', an arc length of 269.70', an internal angle of 6° 29'
    28  34", and a chord that bears N 3° 07' 28" E, a distance of 269.56'  to  a
    29  point of non-tangency, thence;
    30    4.  Continuing  along the same, N 20° 03' 57" E, a distance of 172.22'
    31  to a point on a curve, thence;
    32    5. Continuing along the same with a non-tangent  curve  to  the  left,
    33  having a radius of 520.00', and arc length of 413.78', an interior angle
    34  of  45°  35'  31", and a chord that bears N 18° 52' 29" E, a distance of
    35  402.95' to a point of reverse curvature, thence;
    36    6. Continuing along the same with a curve to the right, having a radi-
    37  us of 771.58', an arc length of 276.48', an interior angle  of  20°  31'
    38  51",  and  a chord that bears N 6° 20' 39" E, a distance of 275.00' to a
    39  point on a curve of the southerly line of Northern  Boulevard  (variable
    40  width), thence;
    41    7.  Along the southerly line of Northern Boulevard with a curve to the
    42  left, having a radius of 5,053.50', an arc length of 300.54', an interi-
    43  or angle of 3° 24' 27", and a chord that bears N 67°42'06" E, a distance
    44  of 300.49' to a point of compound curvature, thence;
    45    8. Continuing along the same with a curve to the left, having a radius
    46  of 4,053.50', an arc length of 63.83', an interior angle of 0° 54'  08",
    47  and  a chord that bears N 65° 32' 49" E, a distance of 63.83' to a point
    48  of compound curvature, thence;
    49    9. Continuing along the same with a curve to the left, having a radius
    50  of 7,017.50', an arc length of 712.28', an interior angle of 5° 48' 56",
    51  and a chord that bears N 62° 11' 17" E, a distance of 711.98' to a point
    52  of compound curvature, thence;
    53    10. Continuing along the same with a curve to the left, having a radi-
    54  us of 1,017.50', an arc length of 43.36', an internal angle  of  2°  26'
    55  30",  and  a chord that bears N 58° 03' 34" E, a distance of 43.36' to a
    56  point of tangency, thence;

        A. 5688                             3
 
     1    11. Continuing along the same, N 56° 50' 19" E, a distance of  274.53'
     2  to a point of curvature, thence;
     3    12.  Continuing  along  the  same  with a curve to the right, having a
     4  radius of 828.50', an arc length of 168.69', an internal  angle  of  11°
     5  39'  58",  and a chord that bears N 62° 40' 18" E, a distance of 168.40'
     6  to a point of tangency, thence;
     7    13. Continuing along the same, N 68° 30' 17" E, a distance of  104.68'
     8  to  a  point,  said point being the corner formed by the intersection of
     9  the southerly line of  Northern  Boulevard  (variable  width)  with  the
    10  westerly line of 126th Street (80' wide), thence;
    11    14.  Along  the  westerly  line  of  126th  Street, S 21° 29' 43" E, a
    12  distance of 1,687.91' to a point, thence;
    13    15. Continuing along the same, S 19° 51' 59" W, a distance  of  15.44'
    14  to the point or place of BEGINNING.
    15    EXCEPTING,  the  area  within  and including the exterior walls of the
    16  stadium known, as of the date hereof, as Citi Field. Said overall parcel
    17  containing 3,352,577 Square Feet (76.9646 acres) more or less.
    18    All bearings and distances are in the New York State Plane  Coordinate
    19  System, Long Island Zone (NAD83/2011 Epoch 2010.00).
    20    §  4.  In  the  event  that the city of New York received any funding,
    21  support or assistance from the  federal  government  for  the  purchase,
    22  maintenance  or  improvement of the parklands set forth in section three
    23  of this act, the discontinuance and alienation of such parklands author-
    24  ized by the provisions of this act shall not occur until the city of New
    25  York has complied with any federal requirements pertaining to the alien-
    26  ation or conversion of parklands, including satisfying the secretary  of
    27  the  interior that the alienation or conversion complies with all condi-
    28  tions which the secretary of the interior deems necessary to assure  the
    29  substitution of other lands shall be equivalent in fair market value and
    30  usefulness to the lands being alienated or converted.
    31    §  5.  Nothing  herein  shall  be construed as intended to preempt any
    32  provision of article 13 of the racing, pari-mutuel wagering and breeding
    33  law.
    34    § 6. If construction of a gaming facility on the  parklands  described
    35  in  section  three  of this act is not commenced within fifteen years of
    36  the effective date of this act or if such parklands shall ever  be  used
    37  for  a  purpose  other than for the purposes described in section one of
    38  this act, such parklands shall revert back  to  the  city  of  New  York
    39  department  of parks and recreation to be used for park and recreational
    40  purposes or for the purposes provided by chapter  729  of  the  laws  of
    41  1961, including any amendments thereto.
    42    § 7. This act shall take effect immediately.
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