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. LBD14356-03-8S. 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.