S T A T E O F N E W Y O R K
________________________________________________________________________
8422
2017-2018 Regular Sessions
I N A S S E M B L Y
June 14, 2017
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Cities
AN ACT to authorize the city of New York to discontinue the use as park-
land of a portion of Corporal Fischer Park in the borough of the Bronx
and to sell and convey such land upon terms and conditions to facili-
tate the construction of affordable housing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subject to the provisions of this act, the city of New
York, acting by and through the commissioner of parks and recreation of
such city, is authorized to discontinue the use as parkland of the land
described in section three of this act, a part of Corporal Fischer Park
in the borough of the Bronx, which will no longer be developed for park
purposes. The city of New York, acting by and through the department of
housing preservation and development of such city, is authorized to sell
and convey such discontinued parkland to facilitate the construction of
a housing project in which one hundred percent of the dwelling units
will be occupied by persons of low income as defined in section 2 of the
private housing finance law and upon such other terms and conditions as
determined by the department of housing preservation and development.
§ 2. The authorization provided in section one of this act shall be
subject to the requirement that the city of New York shall dedicate the
land described in section four of this act, known as Corporal Irwin
Fischer place and which has never been used for park purposes, as park-
land. Such dedicated lands shall be added to the part of Corporal Fisch-
er park that is not being discontinued pursuant to this act to form a
newly configured Corporal Fischer park. The authorization contained in
section one of this act shall also be subject to the requirement that
the city of New York perform capital improvements to the Corporal Fisch-
er park that shall be newly configured pursuant to this act so that the
value of such dedicated lands and capital improvements are equal to or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13195-02-7
A. 8422 2
greater than the fair market value of the lands being discontinued as
parkland described in section three of this act.
§ 3. The land authorized to be discontinued as parkland and conveyed
is bounded and described as follows:
ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, WITH THE BUILDINGS
AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE
BOROUGH AND COUNTY OF BRONX, CITY AND STATE OF NEW YORK AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF WEST 169TH STREET AS
MEASURED EASTWARDLY A DISTANCE OF 92.31 FEET ALONG THE SAME FROM ITS
INTERSECTION WITH THE EASTERLY LINE OF NELSON AVENUE AND FROM SAID POINT
RUNS; THENCE
1) NORTHWESTWARDLY ALONG THE DIVISION LINE BETWEEN LOT 32 AND LOT 1,
BLOCK 2519 FORMING AN INTERIOR ANGLE OF 104 DEGREES 23 MINUTES 56
SECONDS, A DISTANCE OF 98.92 FEET TO A POINT, THENCE;
2) EASTWARDLY ALONG THE DIVISION LINE BETWEEN LOT 32 AND LOT 1, BLOCK
2519 FORMING AN INTERIOR ANGLE OF 86 DEGREES 39 MINUTES 38 SECONDS, A
DISTANCE OF 25.00 FEET TO A POINT CORNER TO LOT 27, THENCE;
3) EASTWARDLY ALONG THE DIVISION LINE BETWEEN LOT 27 AND LOT 1, BLOCK
2519 FORMING AN EXTERIOR ANGLE OF 179 DEGREES 11 MINUTES 37 SECONDS, A
DISTANCE OF 99.17 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOT 27
AND THE WESTERLY LINE OF LOTS 19 THROUGH 25, BLOCK 2519, THENCE;
4) SOUTHEASTWARDLY ALONG THE SAID DIVISION LINE BETWEEN LOT 27 AND
LOTS 19 THROUGH 25, BLOCK 2519 FORMING AN INTERIOR ANGLE OF 101 DEGREES
48 MINUTES 09 SECONDS, A DISTANCE OF 132.11 FEET TO A POINT IN THE AFOR-
ESAID NORTHERLY LINE OF WEST 169TH STREET, THENCE;
5) WESTWARDLY ALONG THE SAME FORMING AN INTERIOR ANGLE OF 66 DEGREES
19 MINUTES 54 SECONDS, A DISTANCE OF 150.01 FEET TO THE POINT AND PLACE
OF BEGINNING.
CONTAINING 15,192 SQUARE FEET OR 0.3488 ACRES.
§ 4. The land to be dedicated as parkland is Corporal Irwin Fischer
Place from Nelson Ave. to Shakespeare Ave., Borough and County of The
Bronx, City and State of New York, more particularly described as
follows:
Starting at a Point of Beginning located on the easterly street line
of Nelson Avenue, said point being distant 96.897 feet southerly along
said easterly street line of Nelson Ave. from its intersection with the
southerly street line of West 170th Street, as those streets were
hereinbefore laid out on the City Map;
1) Running thence southerly, along the easterly street line of Nelson
Ave., 55.610 feet to its intersection with former southerly street line
of Corporal Irwin Fischer Place;
2) Running thence easterly, along the former southerly street line of
Corporal Irwin Fischer Place, said course forming an interior angle with
the last mentioned course of 64 degrees 02 minutes 40 seconds, 247.229
feet to the westerly street line of Shakespeare Ave.;
3) Running thence northerly, along the westerly street line of Shakes-
peare Ave., said course forming an interior angle with the last
mentioned course of 91 degrees 43 minutes 50 seconds, 48.578 feet to the
intersection with the newly established southerly street line of West
170th Street;
4) Running thence westerly, along said newly established southerly
street line of West 170th Street, said course forming an interior angle
with the last mentioned course of 114 degrees 13 minutes 30 seconds,
7.359 feet to the intersection with the former westerly street line of
Corporal Irwin Fischer Place;
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5) Running thence southerly, along the former westerly street line of
Corporal Irwin Fischer Place, said course forming an interior angle with
the last mentioned course of 90 degrees 00 minutes 00 seconds, 1.976
feet to its intersection with the former northerly street line of Corpo-
ral Irwin Fischer Place;
6) Running thence westerly, along said former northerly street line of
Corporal Irwin Fischer Place, said course forming an interior angle with
the last mentioned course of 244 degrees 02 minutes 40 seconds, 216.875
feet to the Point or Place of Beginning.
The area described above consists of 11,793 square feet, more or less,
located in the County of the Bronx.
§ 5. If the city of New York department of housing preservation and
development fails to convey the discontinued parkland to facilitate the
construction of a housing project for occupancy by persons of low income
as defined in section 2 of the private housing finance law, then such
property shall revert back to the city of New York, department of parks
and recreation to be used for park and recreational purposes.
§ 6. If the parkland that is the subject of this act has received
funding pursuant to the federal land and water conservation fund, the
discontinuance of parkland authorized by the provisions of this act
shall not occur until the city of New York has complied with the federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the discontinuance will include
all conditions which the secretary of the interior deems necessary to
assure the substitution of other lands shall be equivalent in fair
market value and recreational usefulness to the lands being discontin-
ued.
§ 7. This act shall take effect immediately.