Bill Text: NY A10060 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes the discontinuance of additional parkland and the granting of additional easements for improvements to the Metro-North railroad.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-08-28 - signed chap.255 [A10060 Detail]

Download: New_York-2023-A10060-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10060

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced by M. of A. BURGOS -- read once and referred to the Committee
          on Cities

        AN ACT to amend chapter 544 of the laws of 2022, authorizing the city of
          New  York  to  discontinue a portion of real property in the county of
          the Bronx as parkland and to grant easements for improvements  to  the
          railroad  right-of-way  to  bring Metro-North railroad service to four
          new stations in the Bronx and to Pennsylvania Station in the county of
          New York, in relation to discontinuing additional parkland and  grant-
          ing additional easements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1 of chapter 544 of the laws of  2022,  authorizing
     2  the  city  of  New York to discontinue a portion of real property in the
     3  county of the Bronx as parkland and to grant easements for  improvements
     4  to  the  railroad  right-of-way to bring Metro-North railroad service to
     5  four new stations in the Bronx and to Pennsylvania Station in the county
     6  of New York, as amended by chapter 231 of the laws of 2023,  is  amended
     7  to read as follows:
     8    Section  1. Subject to the provisions of this act, but notwithstanding
     9  any provision of law to the contrary, the city of  New  York  is  hereby
    10  authorized  to  discontinue  the use as parklands the lands described in
    11  sections three [and], three-a and three-b of this act and to grant ease-
    12  ments affecting such lands to the metropolitan transportation authority,
    13  upon such terms and conditions as the city of New York shall  determine,
    14  to  enable  the  metropolitan  transportation  authority and Metro-North
    15  commuter railroad company, a subsidiary of the metropolitan  transporta-
    16  tion authority, to construct improvements and gain ingress and egress to
    17  and  from  railroad  equipment, stations and right-of-way on such former
    18  parkland, in  order  to  bring  Metro-North  commuter  railroad  company
    19  service to four new stations in the Bronx and to Pennsylvania Station in
    20  the  county  of New York in connection with the capital project known as
    21  Penn Station Access.
    22    § 2. Section 4 of chapter 544 of the laws  of  2022,  authorizing  the
    23  city of New York to discontinue a portion of real property in the county
    24  of  the Bronx as parkland and to grant easements for improvements to the
    25  railroad right-of-way to bring Metro-North railroad service to four  new
    26  stations  in  the Bronx and to Pennsylvania Station in the county of New

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15171-01-4

        A. 10060                            2

     1  York, as amended by chapter 231 of the laws of 2023, is amended to  read
     2  as follows:
     3    §  4.  In  the  event  that the city of New York received any funding,
     4  support or assistance from the  federal  government  for  the  purchase,
     5  maintenance  or improvement of the parklands set forth in sections three
     6  [and], three-a and three-b of this act, the  discontinuance  and  alien-
     7  ation  of  such  parkland authorized by the provisions of this act shall
     8  not occur until the city of New  York  has  complied  with  any  federal
     9  requirements  pertaining  to  the alienation or conversion of such park-
    10  lands, including satisfying the  secretary  of  the  interior  that  the
    11  alienation  or  conversion complies with all conditions which the secre-
    12  tary of the interior deems necessary to assure the substitution of other
    13  lands shall be  equivalent in fair market value and recreational useful-
    14  ness to the lands being alienated or converted.
    15    § 3. Chapter 544 of the laws of 2022, authorizing the city of New York
    16  to discontinue a portion of real property in the county of the Bronx  as
    17  parkland  and to grant easements for improvements to the railroad right-
    18  of-way to bring Metro-North railroad service to four new stations in the
    19  Bronx and to Pennsylvania Station in the county of New York, is  amended
    20  by adding a new section 3-b to read as follows:
    21    § 3-b. The lands hereby authorized to be discontinued as parklands and
    22  for  which  easements  may be granted to the metropolitan transportation
    23  authority are located in the county of the Bronx, city and state of  New
    24  York, and are bounded and described as follows:
    25    Easement  9 on BLOCK 3861, PART OF LOT 14: ALL THAT CERTAIN LOT, PIECE
    26  OR PARCEL OF LAND SITUATED, LYING AND BEING IN THE BOROUGH OF THE BRONX,
    27  COUNTY OF BRONX, CITY, AND STATE OF NEW YORK BOUNDED  AND  DESCRIBED  AS
    28  FOLLOWS:
    29    AREA (ACCESS EASEMENT OVER AN EXISTING PATH) HORIZONTAL LIMITS
    30    Commencing  at  the corner formed by the intersection of the northerly
    31  side of East 172nd Street (60 feet wide) with the westerly side of Bronx
    32  River Avenue (100 feet wide), as depicted on Bronx  Record  Map  Section
    33  38, as amended and corrected on 1/20/1947, last revised on 8/8/2001, and
    34  recorded  at  the  Topographic  Bureau  of the Bronx Borough President's
    35  Office, running thence the following four courses and distances:
    36    1. Along the northerly side of East 172nd Street, and  crossing  Bronx
    37  Tax  Block  3861,  Lot  8R,  as  depicted to National Railroad Passenger
    38  Corporation (Amtrak), North 65°38'24" West, a distance of 242.23 feet to
    39  a point, said point being the southeast corner of Bronx Tax Block  3861,
    40  Lot 14, as shown on the current Tax Map of the City of New York, Borough
    41  and County of the Bronx, thence;
    42    2.  Along  the line common between said Lot 8R, and said Lot 14, North
    43  30°54'49" East, a distance of 62.89 feet to a point, thence;
    44    3. Leaving said common line, crossing said  Lot  14,  North  59°05'51"
    45  West, a distance of 23.66 feet to a point, thence;
    46    4.  Continuing across said Lot 14, North 10°27'28" West, a distance of
    47  16.51 feet to the Point or Place of  Beginning,  having  coordinates  N:
    48  242,393.095, E: 1,016,735.795, and running thence;
    49    Continuing  across  said  Lot  14, North 10°27'23" West, a distance of
    50  19.39 feet to a point, thence;
    51    Continuing across said Lot 14, along an arc of a curve bearing to  the
    52  left,  having  a  radius  of 75.00 feet, an arc length of 17.53 feet, an
    53  internal angle of 13°23'34", a chord bearing of  North  69°29'16"  East,
    54  and a distance of 17.49 feet to a point, thence;
    55    Continuing  across said Lot 14, along an arc of a curve bearing to the
    56  left, having a radius of 159.00 feet, an arc length of  49.27  feet,  an

        A. 10060                            3

     1  internal  angle  of  17°45'19", a chord bearing of North 48°22'09" East,
     2  and a distance of 49.08 feet to a point, thence;
     3    Continuing  across  said  Lot  14, North 29°00'40" East, a distance of
     4  96.68 feet to a point, thence;
     5    Continuing across said Lot 14, South 59°05'11"  East,  a  distance  of
     6  24.97  feet to a point, said point being on the common line between said
     7  Lot 14 and said Lot 8R, thence;
     8    Continuing along said common line, South 30°54'50" West, a distance of
     9  120.82 feet to a point, thence; Leaving said common line, crossing  said
    10  Lot  14,  North  59°05'14"  West,  a  distance  of 7.65 feet to a point,
    11  thence;
    12    Continuing across said Lot 14, along an arc of a curve bearing to  the
    13  right,  having  a radius of 114.00 feet, an arc length of 58.17 feet, an
    14  internal angle of 29°14'05", a chord bearing of  South  58°49'28"  West,
    15  and  a  distance  of  57.54  feet to the Point or Place of Beginning and
    16  containing 3,791 square feet (0.087 Ac.) more or less.
    17    Easement 10 on BLOCK 3861, PART OF LOT 14: ALL THAT CERTAIN LOT, PIECE
    18  OR PARCEL OF LAND SITUATED, LYING AND BEING IN THE BOROUGH OF THE BRONX,
    19  COUNTY OF BRONX, CITY, AND STATE OF NEW YORK BOUNDED  AND  DESCRIBED  AS
    20  FOLLOWS:
    21    AREA  (PERMANENT  EASEMENT  FOR  SERVICE  VEHICLE  PARKING) HORIZONTAL
    22  LIMITS
    23    Commencing at the corner formed by the intersection of  the  northerly
    24  side of East 172nd Street (60 feet wide) with the westerly side of Bronx
    25  River  Avenue  (100  feet wide), as depicted on Bronx Record Map Section
    26  38, as amended and corrected on 1/20/1947, last revised on 8/8/2001, and
    27  recorded at the Topographic Bureau  of  the  Bronx  Borough  President's
    28  Office, running thence the following two courses and distances:
    29    1.  Along  the northerly side of East 172nd Street, and crossing Bronx
    30  Tax Block 3861, Lot 8, as depicted to National Railroad Passenger Corpo-
    31  ration (Amtrak), North 65° 38' 24" West, a distance of 242.23 feet to  a
    32  point,  said  point  being the southeast corner of Bronx Tax Block 3861,
    33  Lot 14, as shown on the current Tax Map of the City of New York, Borough
    34  and County of the Bronx, thence;
    35    2. Along the line common between said Lot 8 and said Lot 14, North 30°
    36  54' 49" East, a distance of 62.89 feet to the Point or Place  of  Begin-
    37  ning,  having  coordinates N: 242,364.708, E: 1,016,759.093, and running
    38  thence;
    39    Leaving said common line, crossing said Lot  14,  North  59°  05'  51"
    40  West, a distance of 23.66 feet to a point, thence;
    41    Continuing  across  said Lot 14, North 10° 27' 28" West, a distance of
    42  16.51 feet to a point, thence;
    43    Continuing across said Lot 14, along an arc of a curve bearing to  the
    44  left,  having  a  radius of 114.00 feet, an arc length of 58.17 feet, an
    45  internal angle of 29° 14' 05", a chord bearing  of  North  58°  49'  28"
    46  East, and a distance of 57.54 feet to a point, thence;
    47    Continuing  across  said Lot 14, South 59° 05' 14" East, a distance of
    48  7.65 feet to a point, said point being on the common line  between  said
    49  Lot 14 and said Lot 8, thence;
    50    Continuing  along said common line, South 30° 54' 52" West, a distance
    51  of 63.23 feet to the Point or Place of Beginning  and  containing  1,292
    52  square feet (0.030 Ac.) more or less.
    53    § 4. This act shall take effect immediately.
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