S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8925
 
                           I N  A S S E M B L Y
 
                              January 8, 2018
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Cities
 
 AN ACT to amend chapter 402 of the laws of 2017 relating to  authorizing
   discontinuance  of the use as parkland of land in the city of New York
   commonly known as the Marx Brothers playground, in relation to requir-
   ing the commissioner of parks, recreation and historic preservation to
   certify the status and nature of such land  before  reclassifying  the
   use of such land
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Chapter 402 of the laws of 2017,  relating  to  authorizing
 discontinuance  of  the  use as parkland of land in the city of New York
 commonly known as the Marx Brothers playground, is amended  to  read  as
 follows:
   Section  1.  Subject  to  the  provisions of this act, the city of New
 York, acting by and through the department of parks and  recreation  and
 the  department  of  education  of  such  city,  is hereby authorized to
 discontinue the use as parkland of the land described in  section  three
 of  this  act,  commonly  known  as the Marx Brothers playground, and to
 transfer such land to the New York city educational construction fund to
 permit the construction of a combined occupancy structure, as that  term
 is  defined  in  section  452  of  the education law upon such terms and
 conditions as shall be agreed upon between the parties.
   § 2. The authorization provided in section one of this  act  shall  be
 effective only upon the condition that the city of New York dedicates an
 amount  equal  to or greater than the fair market value of the parklands
 being discontinued towards  the  acquisition  of  new  parklands  and/or
 towards  capital  improvements  to  existing  parkland  and recreational
 facilities within the borough of Manhattan.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued as parkland are bounded and described as follows:
 All that tract or parcel of land situate in the City of New York, County
 of New York, and State of New York, bounded and described as follows:

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

                                                            LBD13085-05-7

 A. 8925                             2
 
 Beginning  at a point formed by the intersection of the easterly line of
 Second Avenue (100' wide right of way), with the southerly line of  East
 97th  Street  (66'  wide right of way), and from said point of beginning
 running thence; 1. along the said southerly line of  East  97th  Street,
 south  61  degrees 00 minutes 41 seconds east, a distance of 319.00 feet
 to a point, thence; 2. through the lands of Lot 1, Block 1668, south  28
 degrees 59 minutes 19 seconds west, a distance of 201.83 feet to a point
 on  the  northerly  line  of  East 96th Street (100' wide right of way),
 thence; 3. along the said northerly line, north 61 degrees 00 minutes 41
 seconds west, a distance of 319.00 feet to a point formed by the  inter-
 section of said northerly line of East 96th Street with the said easter-
 ly  line  of  Second  Avenue, thence; 4. along the said easterly line of
 Second Avenue, north 28 degrees 59 minutes 19 seconds east,  a  distance
 of  201.83  feet  to  a  point and place of beginning, containing 64,384
 square feet or 1.478 acres.
   § 4.  If the parkland that is described in section three of  this  act
 has received funding pursuant to the federal land and water conservation
 fund,  the  discontinuance of parkland authorized by section one of this
 act shall not occur until the city of New York  has  complied  with  the
 federal  requirements pertaining to the conversion of parklands, includ-
 ing satisfying the secretary of the  interior  that  the  discontinuance
 with  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.
   § 5. THIS ACT SHALL NOT TAKE EFFECT AND NO ACTION SHALL  BE  TAKEN  TO
 RECLASSIFY  THE  USE  OF THE LAND DESCRIBED IN SECTION THREE OF THIS ACT
 UNTIL THE COMMISSIONER OF PARKS, RECREATION  AND  HISTORIC  PRESERVATION
 DETERMINES  AND  CERTIFIES  THE  STATUS AND NATURE OF THE PARCEL OF LAND
 DESCRIBED IN SECTION THREE OF THIS ACT BASED UPON A REVIEW AND STUDY  OF
 THE  PROPERTY  RECORDS, HISTORY OF USE, AND ANY OTHER FACTOR RELEVANT TO
 SUCH A DETERMINATION. SUCH  COMMISSIONER  SHALL  FURTHER  DETERMINE  THE
 MANNER  IN  WHICH  TO  PROCEED  BASED UPON THE AFOREMENTIONED REVIEW AND
 CERTIFICATION.
   § 6. This act shall take effect immediately.
   § 2. This act shall take effect immediately.