Bill Text: NY S08784 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 - Dead) 2018-06-20 - RECOMMITTED TO RULES [S08784 Detail]

Download: New_York-2017-S08784-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8784
                    IN SENATE
                                      May 18, 2018
                                       ___________
        Introduced by Sen. KAVANAGH -- (at request of the Metropolitan Transpor-
          tation  Authority) -- read twice and ordered printed, and when printed
          to be committed to the Committee on Cities
        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 take
    14  effect only upon the condition that at the time of the granting  of  the
    15  easements  interests in the park land and the discontinuance of the park
    16  lands described in sections three and four of this act to the  New  York
    17  city  transit authority, the city shall acquire additional park lands of
    18  equal or greater fair market value and/or perform  capital  improvements
    19  to  existing  park  and  recreational  facilities  which are equal to or
    20  greater than the fair market value of those park lands being  discontin-
    21  ued by this act.
    22    §  3.  The  lands  hereby  authorized by section one of this act to be
    23  discontinued as park land and granted as a subsurface  easement  to  the
    24  metropolitan  transportation  authority  are located in the city, county
    25  and state of New York in a park known as the grand canal court  and  are
    26  bounded as described as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14356-03-8
        S. 8784                             2
     1    Permanent subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
     2  Manhattan:
     3    Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
     4  corner formed by the intersection of the northeasterly and northwesterly
     5  sidelines of Thompson Street, a variable width  right  of  way,  running
     6  thence,
     7    1)  Northwesterly  along  the  said northeasterly sideline of Thompson
     8  Street 24.57' to a point in the same northeasterly sideline of  Thompson
     9  Street, thence,
    10    2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
    11  previous course 28.15' to a  point  in  the  northwesterly  sideline  of
    12  Thompson Street, thence,
    13    3)  Along  the  northwesterly sideline of Thompson Street in a general
    14  southwesterly direction having an interior angle of 59° 08' 44.08"  with
    15  the previous course 18.86' to the POINT and PLACE of the BEGINNING.
    16    The  easement  described  above  has  a height of 14.70'. The easement
    17  begins at an elevation of 4.70' (the park floor elevation is 6.00±    to
    18  8.00±) and runs to an elevation of -10.00'.
    19    Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
    20  Manhattan
    21    Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
    22  easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
    23  distant  from the corner formed by the intersection of the northeasterly
    24  sideline of Thompson Street (a variable width of right of way)  and  the
    25  easterly  sideline  of  the Avenue of the Americas, (100' wide), running
    26  thence,
    27    1) Along the same easterly sideline of Avenue of  the  Americas  in  a
    28  general northerly direction 49.69' to a point, thence,
    29    2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
    30  with the previous course 38.86' to a point, thence,
    31    3) In a general southwesterly direction on a line having  an  interior
    32  angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
    33  thence,
    34    4) On a line having an interior angle  of  91°  00'  50.94"  with  the
    35  previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
    36  NING.
    37    The easement described above has a height of  16.34'.    The  easement
    38  begins  at  an  elevation of 6.34' (the park floor elevation is 6.00± to
    39  8.00±) and runs to an elevation of -10.00'.
    40    Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of
    41  Manhattan:
    42    Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at  the
    43  corner formed by the intersection of the northeasterly and northwesterly
    44  sidelines  of  Thompson  Street,  a variable width right of way, running
    45  thence
    46    1) Northwesterly along the said  northeasterly  sideline  of  Thompson
    47  Street  16.26'  to  a  point  on the same northerly sideline of Thompson
    48  Street, thence,
    49    2) On a line in a general northerly direction having an interior angle
    50  of 130° 20' 24.62" with the previous course 66.50' to a point, thence,
    51    3) On a line in a general easterly direction having right angles  with
    52  the previous course 4.00' to a point, thence,
    53    4) On a line in a general northerly direction having right angles with
    54  the previous course 19.80' to a point, thence,
    55    5)  On a line in a general westerly direction having right angles with
    56  the precious course 4.00' to a point, thence,
        S. 8784                             3
     1    6) On a line in a general northerly direction having right angles with
     2  the previous course 25.87' to a point, thence,
     3    7)  On  a  line  having  an  interior angle of 59° 57' 16.81" with the
     4  previous course 72.03' to a  point  on  the  northwesterly  sideline  of
     5  Thompson Street, thence,
     6    8)  Along the said northwesterly sideline of Thompson Street on a line
     7  having an interior angle of 90° 04'  18.57"  with  the  previous  course
     8  100.00' to the POINT and PLACE of the BEGINNING.
     9    The  easement  described  above  has  a height of 55.00'. The easement
    10  begins at an elevation of -10.00' and runs to an elevation of -65.00'.
    11    § 4. The lands hereby authorized by section one  of  this  act  to  be
    12  discontinued  temporarily  as park land and granted as a temporary ease-
    13  ment for no more than forty-five (45) months to metropolitan transporta-
    14  tion authority for use  by  the  New  York  city  transit  authority  in
    15  connection  with  the  construction  of  the  electrical  substation are
    16  located in the city, county and state in New York in a park known as the
    17  grand canal court and are bounded and described as follows:
    18    Temporary subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
    19  Manhattan
    20    Beginning at a point (N=202372.05, E=982851.41)(NAD83/NAVD88)  at  the
    21  corner formed by the intersection of the northeasterly and northwesterly
    22  sidelines  of  Thompson  Street,  a variable width right of way, running
    23  thence,
    24    1) Northwesterly along the said  northeasterly  sideline  of  Thompson
    25  Street  24.57' to a point in the same northeasterly sideline of Thompson
    26  Street, thence,
    27    2) On a line having an interior angle  of  41°  13'  15.92"  with  the
    28  previous  course  28.15'  to  a  point  in the northwesterly sideline of
    29  Thompson Street, thence,
    30    3) Along the northwesterly sideline of Thompson Street  in  a  general
    31  southwesterly  direction having an interior angle of 59° 08' 44.08" with
    32  the previous course 18.86' to the POINT and PLACE of the BEGINNING.
    33    The easement described above has a height of minimum 1.50'. The  ease-
    34  ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
    35  8.00±) and runs to an elevation of 4.70'.
    36    Temporary subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
    37  Manhattan
    38    Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88)  in  the
    39  easterly  sideline  of  Avenue  of  the  Americas, which point is 45.14'
    40  distant from the corner formed by the intersection of the  northeasterly
    41  sideline of Thompson Street (a variable width right of way) and easterly
    42  sideline of Avenue of the Americas, (100' wide), running thence,
    43    1)  Along  the  same  easterly sideline of Avenue of the Americas in a
    44  general northerly direction 49.69' to a point, thence,
    45    2) Southeasterly on a line having an interior angle of 74° 17'  10.43"
    46  with the previous course 38.86' to a point, thence,
    47    3)  In  a general southwesterly direction on a line having an interior
    48  angle of 89° 30' 55.67" with the previous  course  47.67'  to  a  point,
    49  thence,
    50    4)  On  a  line  having  an  interior angle of 91° 00' 50.94" with the
    51  previously mentioned course 25.00' to the POINT and PLACE of the  BEGIN-
    52  NING.
    53    The  easement described above has a height of minimum 1.50'. The ease-
    54  ment begins at park elevation (the park  floor  elevation  is  6.00±  to
    55  8.00±) and runs to an elevation of 6.34'.
        S. 8784                             4
     1    Temporary subsurface easement 3 on Tax Lot 33 in Block 227, Borough of
     2  Manhattan
     3    Beginning  at a point (N=202388.89', E=982833.52)(NAD83/NAVD88), which
     4  is distant 24.57' northwesterly  along  the  northeasterly  sideline  of
     5  Thompson  Street  from  the  corner  formed  by  the intersection of the
     6  northeasterly and northwesterly sidelines of Thompson Street, a variable
     7  width right of way, running thence,
     8    1) Northwesterly along the said  northeasterly  sideline  of  Thompson
     9  Street  a  distance  of  24.19'  to  a  point at the intersection of the
    10  northeasterly sideline of Thompson Street with the easterly side of  the
    11  Avenue of the Americas, thence,
    12    2)  In  a  general  northerly  direction on a line forming an interior
    13  angle of 116° 00' 31" with the previous course 45.14' to a point,
    14    3) In a general southeasterly direction on a line having  an  interior
    15  angle  of  74°  48'  57.04"  with the previous course 25.00' to a point,
    16  thence,
    17    4) In a general northeasterly direction on a line having  an  exterior
    18  angle  of  91°  00'  50.94"  with the previous course 47.67' to a point,
    19  thence,
    20    5) In a general southeasterly direction on a line having  an  interior
    21  angle  of  90°  29' 04.33" with the previous course 34.67' to a point on
    22  the northwesterly sideline of Thompson Street, thence,
    23    6) Along the northwesterly sideline of Thompson Street  in  a  general
    24  southwesterly  direction  on  a line having an interior angle of 90° 04'
    25  18.57" with the previous course 81.14' to a point on the same  northwes-
    26  terly sideline of Thompson Street, thence,
    27    7)  In a general westerly direction on a line having an interior angle
    28  of 120° 51' 15.92" with the previous course  28.15'  to  the  POINT  and
    29  PLACE of BEGINNING.
    30    The easement described above has a height of minimum 16.20'. The ease-
    31  ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
    32  8.00±) and runs to an elevation of -10.00'.
    33    § 5. In the event that the city of  New  York  received  any  funding,
    34  support  or  assistance  from  the  federal government for the purchase,
    35  maintenance or improvement of the parklands set forth in sections  three
    36  and four of this act, the discontinuance and alienation of such parkland
    37  authorized  by  the  provisions  of  sections three and four of this act
    38  shall not occur until the city of New York has complied with any federal
    39  requirements pertaining to the alienation or conversion  of  such  park-
    40  lands,  including  satisfying  the  secretary  of  the interior that the
    41  alienation or conversion complies with all conditions which  the  secre-
    42  tary of the interior deems necessary to assure the substitution of other
    43  lands  shall  be  equivalent  in fair market value and usefulness to the
    44  lands being alienated or converted.
    45    § 6. Upon completion of the construction of the electrical substation,
    46  the park will be restored for use as a park in agreement with  the  city
    47  of New York.
    48    § 7. This act shall take effect immediately.