2006 New York Code - Final Decree; Preparation, Contents And Filing Of.

 
    §  5-454  Final  decree; preparation, contents and filing of. a. After
  considering the  objections,  if  any,  and  making  any  correction  or
  alteration  in  the tentative decree as to any award or as to any matter
  in the tentative decree which the court shall consider just and  proper,
  the  justice  trying  the  proceeding  shall  give  instructions  to the
  corporation counsel as to the preparation  of  the  final  decree.  Such
  decree shall consist of the tentative decree, and shall have:
    1.  The  final  awards for damages due to the closing as determined by
  the court set opposite the respective damage parcel numbers in a  column
  headed  "final  awards  for  closing damages" in the tabular abstract of
  awards.
    2. The final awards for damages due to  the  acquisition  of  the  fee
  title  in  the land within the closed street set opposite the respective
  parcels of the closed street in the column headed "final awards for land
  in closed street" in the tabular abstract of awards.
    3. The value of the city's interest in the land within the  respective
  parcels  of  the  closed  street  in  a  column  headed "value of city's
  interest in respective parcels of closed street."
    b. Such final decree shall contain a statement:
    1.  Of  the  facts  conferring  on  the  court  jurisdiction  of   the
  proceeding.
    2. Of such other matters as the court shall require to be set forth.
    3.  That the amounts set opposite the respective damage parcel numbers
  in the column headed "final awards for closing damages" in  the  tabular
  abstract  of  awards  constitute and are the just compensation which the
  respective owners are entitled to receive  from  the  city  for  damages
  caused by the closing of the street.
    4.  That the amounts set opposite the respective parcels of the closed
  street in the column headed "final awards for land in closed street"  in
  the tabular abstract of awards, constitute and are the just compensation
  which  the  respective  owners are entitled to receive from the city for
  damages caused by the acquisition by the city of the fee  title  to  the
  land within the closed street.
    5.  That the amounts set opposite the respective parcels of the closed
  street in the column headed "value of city's interest in the  respective
  parcels  of  the  closed street" in such tabular abstract constitute the
  sums of money to be paid to the city for  a  conveyance  of  the  city's
  interest therein by the parties entitled to a conveyance thereof.
    c. Such final decree shall also set forth:
    1.  The  several  parcels damaged by the closing of the street and the
  several parcels of the closed street and the several parcels outside  of
  the  closed  street,  by reference to the numbers of such parcels on the
  respective maps, survey,  diagrams,  or  plans  attached  thereto,  duly
  corrected, when necessary, and it shall not be necessary to describe any
  parcels by a description by metes and bounds.
    2.  The  names of the respective owners of the several parcels damaged
  by the closing of such street, as  far  as  the  same  shall  have  been
  ascertained,  provided that in all cases where the owners are unknown or
  not fully known to the court, it shall be sufficient to  set  forth  and
  state  in  general terms in the decree the respective sums to be allowed
  and paid to or by the owners of  the  respective  parcels  for  loss  or
  damage,  without  specifying  their  names or their estates or interests
  therein, and in such cases the owners may be specified as unknown.
    d. The final decree, together with all of the  affidavits  and  proofs
  upon  which the same is based, shall be filed in the office of the clerk
  of each county in which the closed street and the real property  damaged
  by  the closing thereof or any part of either may be situated. The final
  decree, unless set aside or reversed  on  appeal,  shall  be  final  and


  conclusive as well upon the city as upon the owners of the real property
  mentioned therein, and also upon all other persons whomsoever.