Bill Text: NY S09068 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes the city of New York to discontinue the use as parkland of a portion of real property in the county of New York and to grant easements to the metropolitan transportation authority so that it may make handicapped accessible improvements and upgrades to the New York city transit authority 168 Street transit station.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-07-21 - SIGNED CHAP.470 [S09068 Detail]
Download: New_York-2021-S09068-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9068--B IN SENATE May 6, 2022 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT authorizing 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 to the metropolitan transportation authority so that it may make handicapped accessible improvements and upgrades to the New York city transit authority 168 Street transit station 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 parkland certain 4 subsurface portions of the lands described in section three of this act 5 and to discontinue temporarily the use as parkland the lands described 6 in section four of this act and to grant easements to the metropolitan 7 transportation authority, upon such terms and conditions as the city 8 shall determine, to enable the New York city transit authority, an 9 affiliate of the metropolitan transportation authority, to use such 10 lands for the construction of vertical and horizontal circulation 11 elements, including corridors, ramps, elevators, stairs, and supporting 12 infrastructure adjacent to the existing 168 Street subway stations on 13 the A, C, and 1 subway lines to provide handicap accessible improvements 14 and other upgrades, including improved emergency egress capacity. 15 § 2. The authorization provided in section one of this act shall be 16 effective only upon the condition that the city of New York dedicates an 17 amount equal to or greater than the fair market value of the parklands 18 being discontinued towards the acquisition of new parklands and/or capi- 19 tal improvements to existing parklands and recreational facilities with- 20 in the borough of Manhattan. 21 § 3. The lands hereby authorized by section one of this act to be 22 discontinued as parkland and granted as a subsurface easement to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15723-07-2S. 9068--B 2 1 metropolitan transportation authority are located in the city, county 2 and state of New York in a park known as the Mitchel Square and Broadway 3 Mall are bounded and described as follows: 4 Permanent subsurface easement 1 at Broadway Mall (Passageway) located 5 at the center median of Broadway, Borough of Manhattan: 6 Beginning at a point (N=245589.52, E=1000840.51) (NAD83) at the 7 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86 feet 8 from the intersection of the westerly street line of Broadway with the 9 southerly street line of W. 168 Street, running thence, 10 1) S.60°58'46"E. a distance of 15.95 feet to the easterly line of 11 Broadway Mall, thence, 12 2) S.29°01'14"W. along the easterly line of Broadway Mall a distance 13 of 30.00 feet, thence, 14 3) N.60°58'46"W. a distance of 15.95 feet to the westerly line of 15 Broadway Mall, thence 16 4) N.29°01'14"E. along the westerly line of Broadway Mall a distance 17 of 30.00 feet to the Point of Beginning. 18 The easement described above begins at an elevation of 167.64 19 feet(NAVD 1988) and has no lower limit. 20 Said parcel containing 479 square feet of land more or less. 21 Permanent subsurface easement 2 at Mitchel Square (Egress Stairs) on 22 Tax Lot 65 in Block 2124, Borough of Manhattan: 23 Beginning at a point (N=245537.62, E=1000877.44)(NAD83) at the easter- 24 ly street line of Broadway being situate S.14°02'22"E., 177.92 feet from 25 the intersection of the westerly street line of Broadway with the south- 26 erly street line of W. 168 Street, running thence, 27 1) S.61°17'06"E. a distance of 14.15 feet, thence, 28 2) S.28°42'54"W. a distance of 14.32 feet, thence, 29 3) S.61°17'06"E. a distance of 29.75 feet, thence, 30 4) N.28°42'54"E. a distance of 13.50 feet, thence, 31 5) S.61°17'06"E. a distance of 12.81 feet to the westerly Street Line 32 of St. Nicholas Avenue, thence, 33 6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue 34 a distance of 24.13 feet, thence, 35 7) S.28°42'54"W. a distance of 6.28 feet, thence, 36 8) N.61°17'06"W. a distance of 61.34 feet to the easterly street line 37 of Broadway, thence, 38 9) N.24°00'59"E. along the easterly street line of Broadway a distance 39 of 30.25 feet to the Point of Beginning. 40 The easement described above begins at an elevation of 167.64 41 feet(NAVD 1988) and has no lower limit. 42 Said parcel containing 1,362 square feet of land more or less. 43 Permanent subsurface easement 3 at Mitchel Square (Elevator Shaft) on 44 Tax Lot 65 in Block 2124, Borough of Manhattan: 45 Beginning at a point (N=245530.10, E=1000889.45) (NAD83) being situate 46 S.17°01'48"E., 188.38 feet from the intersection of the westerly street 47 line of Broadway with the southerly street line of W. 168 Street, 48 running thence, 49 1) S.61°17'06"E. a distance of 29.75 feet, thence, 50 2) S.28°42'54"W. a distance of 13.50 feet, thence, 51 3) N.61°17'06"W. a distance of 29.75 feet, thence, 52 4) N.28°42'54"E. a distance of 13.50 feet to the Point of 53 Beginning. 54 The easement described above begins at an elevation of 170.64 55 feet(NAVD 1988) and has no lower limit. 56 Said parcel containing 402 square feet of land more or less.S. 9068--B 3 1 Permanent subsurface easement 4 at Mitchel Square (Passageway) on Tax 2 Lot 65 in Block 2124, Borough of Manhattan: 3 Beginning at a point (N=245536.75, E=1000908.37) (NAD83) being situate 4 S.23°07'39"E., 188.64 feet from the intersection of the westerly street 5 line of Broadway with the southerly street line of W. 168 Street, 6 running thence, 7 1) S.61°17'06"E. a distance of 24.56 feet to the Westerly Street Line 8 of St. Nicholas Avenue, thence, 9 2) S.11°34'21"W. along the westerly Street Line of St. Nicholas Avenue 10 a distance of 15.61 feet, thence, 11 3) N.61°17'06"E. a distance of 29.16 feet, thence, 12 4) N.28°42'54"E. a distance of 14.92 feet to the Point of Beginning. 13 The easement described above begins at an elevation of 167.64 14 feet(NAVD 1988) and has no lower limit. 15 Said parcel containing 401 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 parkland and granted as a temporary easement 18 to metropolitan transportation authority for use by the New York city 19 transit authority in connection with the construction of the improve- 20 ments are located in the city, county and state in New York in parks 21 known as Mitchel Square and Broadway Mall and are bounded and described 22 as follows: 23 Temporary easement 1 (Passageway) at Broadway Mall located at the 24 center median of Broadway, Borough of Manhattan: 25 Beginning at a point (N=245589.52, E=1000840.51) (NAD83) at the 26 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86 feet 27 from the intersection of the westerly street line of Broadway with the 28 southerly street line of W. 168 Street, running thence, 29 1) S.60°58'46"E. a distance of 15.95 feet to the easterly line of 30 Broadway Mall, thence, 31 2) S.29°01'14"W. along the easterly line of Broadway Mall a distance 32 of 30.00 feet, thence, 33 3) N.60°58'46"W. a distance of 15.95 feet to the westerly line of 34 Broadway Mall, thence, 35 4) N.29°01'14"E. along the westerly line of Broadway Mall a distance 36 of 30.00 feet to the Point of Beginning. 37 Said parcel containing 479 square feet of land more or less. 38 Temporary easement 2 on Tax Lot 65 in Block 2124, Mitchel Square, 39 Borough of Manhattan: 40 Beginning at a point (N=245497.23, E=1000859.45) (NAD83) at the east- 41 erly street line of Broadway being situate S.06°44'20"E., 214.47 feet 42 from the intersection of the westerly street line of Broadway with the 43 southerly street line of W. 168 Street, running thence, 44 1) N.24°00'59"E. along the easterly street line of Broadway a distance 45 of 61.69 feet, thence, 46 2) N.29°01'14"E. along the easterly street line of Broadway a distance 47 of 63.00 feet, thence, 48 3) In a generally easterly direction along a tangent curve to the 49 right having a delta angle of 90°, an arc length of 18.85 feet and a 50 radius of 12.00 feet, thence, 51 4) S.60°58'46"E. a distance of 8.25 feet, thence, 52 5) In a generally southerly direction along a tangent curve to the 53 right having a delta angle of 72°22'08", an arc length of 15.16 feet and 54 a radius of 12.00 feet to the westerly street line of St. Nicholas 55 Avenue, thence,S. 9068--B 4 1 6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue 2 a distance of 133.86 feet, thence, 3 7) N.61°17'06"W. through Mitchel Square a distance of 66.42 feet to 4 the Point of Beginning. 5 Said parcel containing 6,664 square feet of land more or less. 6 § 5. In the event that the city of New York received any funding, 7 support or assistance from the federal government for the purchase, 8 maintenance or improvement of the parklands set forth in sections three 9 and four of this act, the discontinuance and alienation of such parkland 10 authorized by the provisions of this act shall not occur until the city 11 of New York has complied with any federal requirements pertaining to the 12 alienation or conversion of such parklands, including satisfying the 13 secretary of the interior that the alienation or conversion complies 14 with all conditions which the secretary of the interior deems necessary 15 to assure the substitution of other lands shall be equivalent in fair 16 market value and usefulness to the lands being alienated or converted. 17 § 6. Upon the completion of construction, the metropolitan transporta- 18 tion authority shall, in agreement with the city of New York and in 19 consultation with the local community board, restore the surface of the 20 lands described in sections three and four of this act and the lands 21 shall continue to be used for park purposes. 22 § 7. This act shall take effect immediately.
