Bill Text: NY A07772 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes the discontinuance of park land of a portion of subsurface real property in the city of New York and grants easements to the metropolitan transportation authority to enable the New York city transit authority to use such lands for the construction of a new subsurface electrical substation adjacent to the existing tunnel of the A, C, E subway lines to provide power to enable additional subway trains to be operated.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-14 - reported referred to ways and means [A07772 Detail]

Download: New_York-2019-A07772-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7772--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 20, 2019
                                       ___________

        Introduced  by  M. of A. GLICK -- (at request of the Metropolitan Trans-
          portation Authority) -- read once and referred  to  the  Committee  on
          Cities  --  committee  discharged,  bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to authorize the city of New York to discontinue the use as  park
          land  of  a  portion of real property in the county of New York and to
          grant easements

          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  is  hereby
     3  authorized  to  discontinue  permanently  the  use  as park land certain
     4  subsurface portions of the lands described in section three of this  act
     5  and  to discontinue temporarily the use as park land the lands described
     6  in section four of this act and to grant easements to such lands to  the
     7  metropolitan transportation authority, upon such terms and conditions as
     8  the city shall determine, to enable the New York city transit authority,
     9  an  affiliate  of the metropolitan transportation authority, to use such
    10  lands for the construction of a  new  subsurface  electrical  substation
    11  adjacent  to  the existing tunnel of the A, C, E subway lines to provide
    12  power to enable additional subway trains to be operated.
    13    § 2. The authorizations provided in section one of this act  shall  be
    14  effective only upon the condition that the city of New York dedicates an
    15  amount  equal to or greater than the fair market value of the park lands
    16  being discontinued towards the acquisition  of  new  park  lands  and/or
    17  capital  improvements  to existing park land and recreational facilities
    18  within the borough of Manhattan.
    19    § 3. The lands hereby authorized by section one  of  this  act  to  be
    20  discontinued  as  park  land and granted as a subsurface easement to the
    21  metropolitan transportation authority are located in  the  city,  county

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09694-03-9

        A. 7772--A                          2

     1  and  state  of New York in a park known as the grand canal court and are
     2  bounded and described as follows:
     3    Permanent subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
     4  Manhattan:
     5    Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
     6  corner formed by the intersection of the northeasterly and northwesterly
     7  sidelines of Thompson Street, a variable width  right  of  way,  running
     8  thence,
     9    1)  Northwesterly  along  the  said northeasterly sideline of Thompson
    10  Street 24.57' to a point in the same northeasterly sideline of  Thompson
    11  Street, thence,
    12    2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
    13  previous course 28.15' to a  point  in  the  northwesterly  sideline  of
    14  Thompson Street, thence,
    15    3)  Along  the  northwesterly sideline of Thompson Street in a general
    16  southwesterly direction having an interior angle of 59° 08' 44.08"  with
    17  the previous course 18.86' to the POINT and PLACE of the BEGINNING.
    18    The  easement  described  above  has  a height of 14.70'. The easement
    19  begins at an elevation of 4.70' (the park floor elevation is 6.00±    to
    20  8.00±) and runs to an elevation of -10.00'.
    21    Said parcel containing 228 square feet of land more or less.
    22    Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
    23  Manhattan
    24    Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
    25  easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
    26  distant  from the corner formed by the intersection of the northeasterly
    27  sideline of Thompson Street (a variable width of right of way)  and  the
    28  easterly  sideline  of  the Avenue of the Americas, (100' wide), running
    29  thence,
    30    1) Along the same easterly sideline of Avenue of  the  Americas  in  a
    31  general northerly direction 49.69' to a point, thence,
    32    2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
    33  with the previous course 38.86' to a point, thence,
    34    3) In a general southwesterly direction on a line having  an  interior
    35  angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
    36  thence,
    37    4) On a line having an interior angle  of  91°  00'  50.94"  with  the
    38  previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
    39  NING.
    40    The easement described above has a height of  16.34'.    The  easement
    41  begins  at  an  elevation of 6.34' (the park floor elevation is 6.00± to
    42  8.00±) and runs to an elevation of -10.00'.
    43    Said parcel containing 1,524 square feet of land more or less.
    44    Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of
    45  Manhattan:
    46    Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at  the
    47  corner formed by the intersection of the northeasterly and northwesterly
    48  sidelines  of  Thompson  Street,  a variable width right of way, running
    49  thence
    50    1) Northwesterly along the said  northeasterly  sideline  of  Thompson
    51  Street  16.26'  to  a  point  on the same northerly sideline of Thompson
    52  Street, thence,
    53    2) On a line in a general northerly direction having an interior angle
    54  of 130° 20' 24.62" with the previous course 66.50' to a point, thence,
    55    3) On a line in a general easterly direction having right angles  with
    56  the previous course 4.00' to a point, thence,

        A. 7772--A                          3

     1    4) On a line in a general northerly direction having right angles with
     2  the previous course 19.80' to a point, thence,
     3    5)  On a line in a general westerly direction having right angles with
     4  the precious course 4.00' to a point, thence,
     5    6) On a line in a general northerly direction having right angles with
     6  the previous course 25.87' to a point, thence,
     7    7) On a line having an interior angle  of  59°  57'  16.81"  with  the
     8  previous  course  72.03'  to  a  point  on the northwesterly sideline of
     9  Thompson Street, thence,
    10    8) Along the said northwesterly sideline of Thompson Street on a  line
    11  having  an  interior  angle  of  90° 04' 18.57" with the previous course
    12  100.00' to the POINT and PLACE of the BEGINNING.
    13    The easement described above has a  height  of  55.00'.  The  easement
    14  begins at an elevation of -10.00' and runs to an elevation of -65.00'.
    15    Said parcel containing 4,218 square feet of land more or less.
    16    §  4.  The  lands  hereby  authorized by section one of this act to be
    17  discontinued temporarily as park land and granted as a  temporary  ease-
    18  ment for no more than forty-five (45) months to metropolitan transporta-
    19  tion  authority  for  use  by  the  New  York  city transit authority in
    20  connection with  the  construction  of  the  electrical  substation  are
    21  located in the city, county and state in New York in a park known as the
    22  grand canal court and are bounded and described as follows:
    23    Temporary easement 1 on Tax Lot 33 in Block 227, Borough of Manhattan
    24    Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
    25  corner formed by the intersection of the northeasterly and northwesterly
    26  sidelines of Thompson Street, a variable width  right  of  way,  running
    27  thence,
    28    1)  Northwesterly  along  the  said northeasterly sideline of Thompson
    29  Street 24.57' to a point in the same northeasterly sideline of  Thompson
    30  Street, thence,
    31    2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
    32  previous course 28.15' to a  point  in  the  northwesterly  sideline  of
    33  Thompson Street, thence,
    34    3)  Along  the  northwesterly sideline of Thompson Street in a general
    35  southwesterly direction having an interior angle of 59° 08' 44.08"  with
    36  the previous course 18.86' to the POINT and PLACE of the BEGINNING.
    37    Said parcel containing 228 square feet of land more or less.
    38    Temporary easement 2 on Tax Lot 33 in Block 227, Borough of Manhattan
    39    Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
    40  easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
    41  distant  from the corner formed by the intersection of the northeasterly
    42  sideline of Thompson Street (a variable width right of way) and easterly
    43  sideline of Avenue of the Americas, (100' wide), running thence,
    44    1) Along the same easterly sideline of Avenue of  the  Americas  in  a
    45  general northerly direction 49.69' to a point, thence,
    46    2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
    47  with the previous course 38.86' to a point, thence,
    48    3) In a general southwesterly direction on a line having  an  interior
    49  angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
    50  thence,
    51    4) On a line having an interior angle  of  91°  00'  50.94"  with  the
    52  previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
    53  NING.
    54    Said parcel containing 1,524 square feet of land more or less.
    55    Temporary easement 3 on Tax Lot 33 in Block 227, Borough of Manhattan

        A. 7772--A                          4

     1    Beginning at a point (N=202388.89', E=982833.52)(NAD83/NAVD88),  which
     2  is  distant  24.57'  northwesterly  along  the northeasterly sideline of
     3  Thompson Street from the  corner  formed  by  the  intersection  of  the
     4  northeasterly and northwesterly sidelines of Thompson Street, a variable
     5  width right of way, running thence,
     6    1)  Northwesterly  along  the  said northeasterly sideline of Thompson
     7  Street a distance of 24.19' to  a  point  at  the  intersection  of  the
     8  northeasterly  sideline of Thompson Street with the easterly side of the
     9  Avenue of the Americas, thence,
    10    2) In a general northerly direction on  a  line  forming  an  interior
    11  angle of 116° 00' 31" with the previous course 45.14' to a point,
    12    3)  In  a general southeasterly direction on a line having an interior
    13  angle of 74° 48' 57.04" with the previous  course  25.00'  to  a  point,
    14  thence,
    15    4)  In  a general northeasterly direction on a line having an exterior
    16  angle of 91° 00' 50.94" with the previous  course  47.67'  to  a  point,
    17  thence,
    18    5)  In  a general southeasterly direction on a line having an interior
    19  angle of 90° 29' 04.33" with the previous course 34.67' to  a  point  on
    20  the northwesterly sideline of Thompson Street, thence,
    21    6)  Along  the  northwesterly sideline of Thompson Street in a general
    22  southwesterly direction on a line having an interior angle  of  90°  04'
    23  18.57"  with the previous course 81.14' to a point on the same northwes-
    24  terly sideline of Thompson Street, thence,
    25    7) In a general westerly direction on a line having an interior  angle
    26  of  120°  51'  15.92"  with  the previous course 28.15' to the POINT and
    27  PLACE of BEGINNING.
    28    Said parcel containing 4,002 square feet of land more or less.
    29    § 5. In the event that the city of  New  York  received  any  funding,
    30  support  or  assistance  from  the  federal government for the purchase,
    31  maintenance or improvement of the park lands set forth in sections three
    32  and four of this act, the discontinuance and  alienation  of  such  park
    33  land  authorized by the provisions of this act shall not occur until the
    34  city of New York has complied with any federal  requirements  pertaining
    35  to the alienation or conversion of such park lands, including satisfying
    36  the secretary of the interior that the alienation or conversion complies
    37  with  all conditions which the secretary of the interior deems necessary
    38  to assure the substitution of other lands shall be  equivalent  in  fair
    39  market value and usefulness to the lands being alienated or converted.
    40    § 6. Upon the completion of construction, the metropolitan transporta-
    41  tion  authority  shall,  in  agreement  with the city of New York and in
    42  consultation with the local community board, restore the surface of  the
    43  lands  described  in  sections  three and four of this act and the lands
    44  shall continue to be used for park purposes.
    45    § 7. This act shall take effect immediately.
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