# 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 SessionsIN ASSEMBLYMay 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 easementsThe People of the State of New York, represented in Senate and Assem-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 inbly, do enact as follows:(underscored) is new; matter in brackets [italics] is old law to be omitted. LBD09694-03-9A. 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 ManhattanA. 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.