Bill Text: NY A07084 | 2021-2022 | General Assembly | Amended


Bill Title: Authorizes the city of New York to alienate and discontinue the use of certain portions of parkland to enable the use of such lands for the construction of a storm sewer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-06-07 - substituted by s6229a [A07084 Detail]

Download: New_York-2021-A07084-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7084--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 21, 2021
                                       ___________

        Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
          tee on Cities -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        AN  ACT authorizing the city of New York to alienate and discontinue the
          use of certain portions 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, the city of New  York,  acting  by
     3  and  through  the  commissioner of parks and recreation of such city, is
     4  hereby authorized to:  (a) discontinue permanently the use  as  parkland
     5  certain  subsurface  portions  of the lands described in section four of
     6  this act and to transfer such lands to the department  of  environmental
     7  protection for use in connection with a storm sewer; and (b) temporarily
     8  discontinue the use of certain portions as parkland, the lands described
     9  in  section three of this act, to enable the department of environmental
    10  protection to use such lands for the construction of a storm sewer.
    11    § 2. The authorizations provided in section one of this act  shall  be
    12  effective  only upon the condition that the city of New York dedicate an
    13  amount equal to or greater than the fair market value of  the  parklands
    14  being  discontinued  towards  the acquisition of new parkland and/or for
    15  capital improvements to existing park and recreational facilities within
    16  community board thirteen in the borough of Queens.
    17    § 3. The land authorized by section one of this act to be  temporarily
    18  discontinued as parkland is described as follows:
    19  Parcel 1 on tax lot 2 in block 13791, Borough of Queens
    20    All  that  certain  plot,  piece or parcel of land, situate, lying and
    21  being in the Borough of Queens, Queens County, City  and  State  of  New
    22  York, and bounded and described by the following;
    23    BEGINNING at a point on the northerly line of Rockaway Boulevard (117'
    24  wide),  said  point being located a distance of 36.15 feet easterly from

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10841-02-1

        A. 7084--A                          2

     1  the point formed by the intersection of the said northerly line of Rock-
     2  away Boulevard and the easterly line of Nassau  Expressway.  Said  point
     3  also having coordinates North 177,704.63 and East 1,049,906.18 as refer-
     4  enced  to  the  New York State Pane Coordinate System, Long Island Zone,
     5  NAD 83 and running thence the following courses;
     6    1. THENCE North 66° 01' 36" East a distance 247.76 feet to a point;
     7    2. THENCE South 89° 49' 02" East a distance 327.47 feet to a point;
     8    3. THENCE South 89° 17' 30" East a distance 243.33 feet to a point;
     9    4. THENCE South 13° 53' 38" East a distance 195.96 feet to a point;
    10    5. THENCE South 27° 06' 01" West a distance 433.46 feet to a point  on
    11  the said northerly line of Rockaway Boulevard;
    12    6.  THENCE  along  the said northerly line of Rockaway Boulevard North
    13  53° 26' 52" West a distance 805.11 feet to a point which is the point or
    14  place of BEGINNING.
    15    The above described parcel contains an area of 279,772 square feet  or
    16  6.42 acres.
    17  Parcel 2 on tax lot 2 in block 13791, Borough of Queens
    18    All  that  certain  plot,  piece or parcel of land, situate, lying and
    19  being in the Borough of Queens, Queens County, City  and  State  of  New
    20  York, and bounded and described by the following;
    21    BEGINNING  at a point on the southerly line of 149th Avenue (80' wide)
    22  a distance of 167.27 feet westerly of the prolongation of  the  westerly
    23  line  of  225th Street as it intersects the said southerly line of 149th
    24  Avenue. Said point of BEGINNING having coordinates North 178,906.14  and
    25  East  1,051,297.15  as  referenced to the New York State Pane Coordinate
    26  System, Long Island Zone, NAD 83 and running thence the following cours-
    27  es;
    28    1. South 25° 55' 43" West a distance 130.97 feet to a point;
    29    2. THENCE South 58° 40' 00" West a distance 370.49 feet to a point;
    30    3. THENCE South 21° 23' 36" West a distance 554.65 feet to a point;
    31    4. THENCE South 13° 53' 38" East a distance 492.98 feet to a point;
    32    5. THENCE South 27° 06' 01" West a distance 478.85 feet to a  point  a
    33  point on the northerly line of Rockaway Boulevard (117' Wide);
    34    6.  THENCE  along  the said northerly line of Rockaway Boulevard (117'
    35  Wide) North 53° 26' 52" West a distance 85.16 feet to a point;
    36    7. THENCE North 27° 06' 01" East a distance 433.46 feet to a point;
    37    8. THENCE North 13° 53' 38" West a distance 488.29 feet to a point;
    38    9. THENCE North 21° 23' 36" East a distance 609.70 feet to a point;
    39    10. THENCE North 58° 40' 00" East a distance 374.15 feet to a point;
    40    11. THENCE North 25° 55' 43" East a distance 106.37 feet to a point on
    41  the said southerly line of 149th Avenue;
    42    12. THENCE along the said southerly line of 149th Avenue  on  a  curve
    43  bearing  to the right, having a radius of 1,004.95 feet, a central angle
    44  of 0° 38' 32" for an arc length of 11.26 feet with a chord South 64° 17'
    45  48" East a distance 11.26 to a point of tangency;
    46    13. THENCE still along the said southerly line of 149th  Avenue  South
    47  63°  58'  33" East a distance 72.74 feet to the point or place of BEGIN-
    48  NING.
    49    The above described 84' Wide Storm Sewer Corridor parcel  contains  an
    50  area of 169,679 square feet or 3.90 acres.
    51    §  4. The subsurface portion of land authorized by section one of this
    52  act to be permanently discontinued as parkland is described as follows:
    53    The subsurface volume  under  Idlewild  Park  described  below  has  a
    54  uniform  height  of 10.50 feet and width of 44.50 feet and begins at the
    55  southerly line of 149th Street at an elevation of -3.40 feet and runs to

        A. 7084--A                          3

     1  an elevation of -4.27 feet at the northerly line of  Rockaway  Boulevard
     2  as referenced to the North American Vertical Datum of 1988 (NAVD88).
     3    BEGINNING  at a point on the southerly line of 149th Avenue (80' wide)
     4  a distance of 187.02 feet westerly of the prolongation of  the  westerly
     5  line  of  225th Street as it intersects the said southerly line of 149th
     6  Avenue. Said point of BEGINNING having coordinates North 178,914.80  and
     7  East  1,051,279.40  as  referenced to the New York State Pane Coordinate
     8  System, Long Island Zone, NAD 83, with said point of BEGINNING having an
     9  elevation of -3.40 feet and running thence the following courses;
    10    1. South 25° 55' 43" West a distance 125.20 feet to a point;
    11    2. THENCE South 58° 40 00" West a distance  371.35  feet  to  a  point
    12  having an elevation of -3.56 feet;
    13    3.  THENCE  South  21°  23' 36" West a distance 567.60 feet to a point
    14  having an elevation of -3.78 feet;
    15    4. THENCE South 13° 53' 38" East a distance 491.84 feet to a point;
    16    5. THENCE South 26° 56' 39" West a distance 468.41 feet to a point  on
    17  the northerly line of Rockaway Boulevard (117' Wide) having an elevation
    18  of -4.11 feet;
    19    6.  THENCE  along  the said northerly line of Rockaway Boulevard North
    20  53° 26' 52" West a distance 45.13 feet to a point;
    21    7. THENCE North 26° 56' 39" East a distance 444.31 feet to a point;
    22    8. THENCE North 13° 53' 38" West a distance 489.43  feet  to  a  point
    23  having an elevation of -3.78 feet;
    24    9.  THENCE  North  21°  23' 36" East a distance 596.76 feet to a point
    25  having an elevation of -3.56 feet;
    26    10. THENCE North 58° 40' 00" East a distance 373.29 feet to a point;
    27    11. THENCE North 25° 55' 43" East a distance 112.20 feet to a point on
    28  the southerly line of 149th Avenue (80' wide);
    29    12. THENCE along the said southerly line of 149th Avenue South 63° 58'
    30  33" East a distance 44.50 feet to the point or place of BEGINNING.
    31    The above parcel also contains a volume of 943,940 cubic feet based on
    32  the uniform height of 10.50 feet and width of 44.50 feet.
    33    The volume under the Park permanently alienated for  the  storm  sewer
    34  has a footprint with an area of 89,899 square feet or 2.06 acres.
    35    §  5.  In  the  event  that the city of New York received any funding,
    36  support or assistance from the  federal  government  for  the  purchase,
    37  maintenance  or improvement of the parklands set forth in sections three
    38  and four of this act, the discontinuance and alienation of such parkland
    39  authorized by the provisions of this act shall not occur until the  city
    40  of New York has complied with the federal requirements pertaining to the
    41  conversion of parklands, including satisfying the secretary of the inte-
    42  rior  that  the  discontinuance  will  include  all conditions which the
    43  secretary of the interior deems necessary to assure the substitution  of
    44  other  lands  shall  be equivalent in fair market value and recreational
    45  usefulness to the lands being discontinued.
    46    § 6. Upon completion of construction, pursuant to the  terms  thereof,
    47  the  department of environmental protection shall, in agreement with the
    48  city of New York and in consultation with  the  local  community  board,
    49  restore  the surface of the land such that the land shall continue to be
    50  used for park purposes.
    51    § 7. This act shall take effect immediately.
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