Notice Details

I.A.S. PART 89

NOTICE OF PETITION

INDEX NUMBER CY4519/2022

CONDEMNATION PROCEEDING

 

In the Matter of the Application of

 

THE CITY OF NEW YORK,

                                               

                                    Petitioner,

 

To Acquire by Exercise of its Powers of Eminent Domain Title in Fee Simple to Certain Real Property Known as Tax Block 908 Lot 16, Located in the Borough of Staten Island, City and State of New York, Required for the

 

TODT HILL BLUEBELT

 

PLEASE TAKE NOTICE, that the City of New York (“City”) intends to make an application to the Supreme Court of the State of New York, Richmond County, IAS Part 89, for certain relief. 

 

The application will be made at the following time and place: At the Kings County Courthouse, located at 360 Adams Street, Room 724, in the Borough of Brooklyn, City and State of New York, on Wednesday, July 27, 2022, at 2:30 P.M., or as soon thereafter as counsel can be heard.

 

The application is for an order:

1. authorizing the City to file an acquisition map in the Office of the Richmond County Clerk;
2. directing that upon the filing of the order granting the relief sought in this petition together with the filing of the acquisition map in the Office of the Richmond County Clerk, title to the property shown on said map and sought to be acquired and more particularly described in this petition shall vest in the City;
3. providing that the just compensation that should be made to the owners of the interests in real property sought to be acquired and described in this petition be ascertained and determined by the court without a jury;
4. directing that within thirty days of the entry of the order granting the relief sought in this petition, the City shall cause a Notice of Acquisition to be published in at least ten successive issues of The City Record, an official newspaper published in the City of New York, and shall serve a copy of such notice by first class mail on each condemnee or his, her, or its attorney of record;
5. directing that each condemnee shall have a period of two calendar years from the vesting date for this proceeding, in which to file a written claim, demand or notice of appearance with the Clerk of this Court and to serve a copy of the same upon the Corporation Counsel of the City of New York, 100 Church Street, New York, New York, 10007

 

The City, in this proceeding, intends to acquire title in fee simple absolute to certain real property where not heretofore acquired for the same purpose, for the Todt Hill Bluebelt.

 

The real property to be acquired in fee simple absolute in this proceeding, subject to the interests of the State of New York, is described as follows:

 

STATEN ISLAND BLOCK 908, LOT 16

All that certain plot, piece or parcel of land, being situated in the Borough of Staten Island and County of Richmond, City and State of New York, being Block 908 Lot 16; more particularly described as follows:

 

BEGINNING  at a point on the southerly side of Whitlock avenue (60’ wide) distance 343.50 feet westerly from the corner formed by the intersection of  the southerly side of Whitlock avenue with the westerly side of Todt Hill road (60’ wide);

 

THENCE S. 26°36’01” E. along the westerly line of N/F Mark Lauria block 908 lot 11, a distance of 141.87 feet to a point;

 

THENCE S. 54°04’19” W. along the northerly line of N/F Alex Shchegol block 905 lot 14, a distance of 163.48 feet to a found concrete monument;

 

THENCE N. 55°53’40” W. along the northerly line of N/F NYS Dept. of Environmental Conservation block 905 lot 1, and passing a found concrete monument a distance of 414.59’ from last mention monument, a distance of 420.00’ feet to point;

 

THENCE N. 09°’36’40” W. along the easterly line of N/F Steve & Esther Nisan block 908 lot 47 a distance of 52.33’ to the southerly street margin of Whitlock avenue;

 

THENCE in a generally easterly direction along a non-tangent curve to the left and along the southerly road margin of Whitlock Avenue, having a radius of 119.22’, arc length of  96.31’, chord of S. 32°’45’10” E., 93.71’, and delta angle of 46°17’00” to a point of tangency;

 

THENCE S. 55°’53’40” W. continuing along the southerly road margin of Whitlock avenue a distance of 25.00’ to point of curvature;

 

THENCE continuing along the southerly road margin of Whitlock avenue, along a curve to the left having a radius of 280.33’, arc length of  342.65’, chord of N. 89°’05’19” E., 321.72’, and delta angle of 70°02’01” to a point of tangency;

 

THENCE N. 54°’04’19” E. continuing along the southerly road margin of Whitlock avenue a distance of 39.87’ to the point of BEGINNING.

 

CONTAINING 35,693 SF/0.8194 Acres of Land more or less.

 

The above-described property shall be acquired subject to the encroachments as delineated on the Damage and Acquisition Map dated September 7, 2020, and last revised February 8, 2021, for as long as such encroachments shall stand. 

 

Surveys, maps or plans of the property to be acquired are on file in the office of the Corporation Counsel of the City of New York, 100 Church Street, New York, New York 10007.

 

PLEASE TAKE FURTHER NOTICE THAT, pursuant to EDPL § 402(B)(4), any party seeking to oppose the acquisition must interpose a verified answer, which must contain specific denial of each material allegation of the petition controverted by the opponent, or any statement of new matter deemed by the opponent to be a defense to the proceeding.  Pursuant to CPLR 403, said answer must be served upon the office of the Corporation Counsel at least seven (7) days before the date that the petition is noticed to be heard.

 

Dated: New York, New York

            July 5, 2022

 

HON. SYLVIA O. HINDS-RADIX

Corporation Counsel of the City of New York
Attorney for the Condemnor
100 Church Street
New York, New York 10007
Tel. (212) 356-4064

By: Stephanie Fitos

Assistant Corporation Counsel