STATE OF NEW YORK ________________________________________________________________________ 8784--A 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 -- 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 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 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 community board two in 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 22 and state of New York in a park known as the grand canal court and are 23 bounded and described as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14356-10-8S. 8784--A 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 Said parcel containing 228 square feet of land more or less. 20 Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of 21 Manhattan 22 Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the 23 easterly sideline of Avenue of the Americas, which point is 45.14' 24 distant from the corner formed by the intersection of the northeasterly 25 sideline of Thompson Street (a variable width of right of way) and the 26 easterly sideline of the Avenue of the Americas, (100' wide), running 27 thence, 28 1) Along the same easterly sideline of Avenue of the Americas in a 29 general northerly direction 49.69' to a point, thence, 30 2) Southeasterly on a line having an interior angle of 74° 17' 10.43" 31 with the previous course 38.86' to a point, thence, 32 3) In a general southwesterly direction on a line having an interior 33 angle of 89° 30' 55.67" with the previous course 47.67' to a point, 34 thence, 35 4) On a line having an interior angle of 91° 00' 50.94" with the 36 previously mentioned course 25.00' to the POINT and PLACE of the BEGIN- 37 NING. 38 The easement described above has a height of 16.34'. The easement 39 begins at an elevation of 6.34' (the park floor elevation is 6.00± to 40 8.00±) and runs to an elevation of -10.00'. 41 Said parcel containing 1,524 square feet of land more or less. 42 Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of 43 Manhattan: 44 Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at the 45 corner formed by the intersection of the northeasterly and northwesterly 46 sidelines of Thompson Street, a variable width right of way, running 47 thence 48 1) Northwesterly along the said northeasterly sideline of Thompson 49 Street 16.26' to a point on the same northerly sideline of Thompson 50 Street, thence, 51 2) On a line in a general northerly direction having an interior angle 52 of 130° 20' 24.62" with the previous course 66.50' to a point, thence, 53 3) On a line in a general easterly direction having right angles with 54 the previous course 4.00' to a point, thence, 55 4) On a line in a general northerly direction having right angles with 56 the previous course 19.80' to a point, thence,S. 8784--A 3 1 5) On a line in a general westerly direction having right angles with 2 the precious course 4.00' to a point, thence, 3 6) On a line in a general northerly direction having right angles with 4 the previous course 25.87' to a point, thence, 5 7) On a line having an interior angle of 59° 57' 16.81" with the 6 previous course 72.03' to a point on the northwesterly sideline of 7 Thompson Street, thence, 8 8) Along the said northwesterly sideline of Thompson Street on a line 9 having an interior angle of 90° 04' 18.57" with the previous course 10 100.00' to the POINT and PLACE of the BEGINNING. 11 The easement described above has a height of 55.00'. The easement 12 begins at an elevation of -10.00' and runs to an elevation of -65.00'. 13 Said parcel containing 4,218 square feet of land more or less. 14 § 4. The lands hereby authorized by section one of this act to be 15 discontinued temporarily as park land and granted as a temporary ease- 16 ment for no more than forty-five (45) months to metropolitan transporta- 17 tion authority for use by the New York city transit authority in 18 connection with the construction of the electrical substation are 19 located in the city, county and state in New York in a park known as the 20 grand canal court and are bounded and described as follows: 21 Temporary subsurface easement 1 on Tax Lot 33 in Block 227, Borough of 22 Manhattan 23 Beginning at a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the 24 corner formed by the intersection of the northeasterly and northwesterly 25 sidelines of Thompson Street, a variable width right of way, running 26 thence, 27 1) Northwesterly along the said northeasterly sideline of Thompson 28 Street 24.57' to a point in the same northeasterly sideline of Thompson 29 Street, thence, 30 2) On a line having an interior angle of 41° 13' 15.92" with the 31 previous course 28.15' to a point in the northwesterly sideline of 32 Thompson Street, thence, 33 3) Along the northwesterly sideline of Thompson Street in a general 34 southwesterly direction having an interior angle of 59° 08' 44.08" with 35 the previous course 18.86' to the POINT and PLACE of the BEGINNING. 36 The easement described above has a height of minimum 1.50'. The ease- 37 ment begins at park elevation (the park floor elevation is 6.00± to 38 8.00±) and runs to an elevation of 4.70'. 39 Said parcel containing 228 square feet of land more or less. 40 Temporary subsurface easement 2 on Tax Lot 33 in Block 227, Borough of 41 Manhattan 42 Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the 43 easterly sideline of Avenue of the Americas, which point is 45.14' 44 distant from the corner formed by the intersection of the northeasterly 45 sideline of Thompson Street (a variable width right of way) and easterly 46 sideline of Avenue of the Americas, (100' wide), running thence, 47 1) Along the same easterly sideline of Avenue of the Americas in a 48 general northerly direction 49.69' to a point, thence, 49 2) Southeasterly on a line having an interior angle of 74° 17' 10.43" 50 with the previous course 38.86' to a point, thence, 51 3) In a general southwesterly direction on a line having an interior 52 angle of 89° 30' 55.67" with the previous course 47.67' to a point, 53 thence, 54 4) On a line having an interior angle of 91° 00' 50.94" with the 55 previously mentioned course 25.00' to the POINT and PLACE of the BEGIN- 56 NING.S. 8784--A 4 1 The easement described above has a height of minimum 1.50'. The ease- 2 ment begins at park elevation (the park floor elevation is 6.00± to 3 8.00±) and runs to an elevation of 6.34'. 4 Said parcel containing 1,524 square feet of land more or less. 5 Temporary subsurface easement 3 on Tax Lot 33 in Block 227, Borough of 6 Manhattan 7 Beginning at a point (N=202388.89', E=982833.52)(NAD83/NAVD88), which 8 is distant 24.57' northwesterly along the northeasterly sideline of 9 Thompson Street from the corner formed by the intersection of the 10 northeasterly and northwesterly sidelines of Thompson Street, a variable 11 width right of way, running thence, 12 1) Northwesterly along the said northeasterly sideline of Thompson 13 Street a distance of 24.19' to a point at the intersection of the 14 northeasterly sideline of Thompson Street with the easterly side of the 15 Avenue of the Americas, thence, 16 2) In a general northerly direction on a line forming an interior 17 angle of 116° 00' 31" with the previous course 45.14' to a point, 18 3) In a general southeasterly direction on a line having an interior 19 angle of 74° 48' 57.04" with the previous course 25.00' to a point, 20 thence, 21 4) In a general northeasterly direction on a line having an exterior 22 angle of 91° 00' 50.94" with the previous course 47.67' to a point, 23 thence, 24 5) In a general southeasterly direction on a line having an interior 25 angle of 90° 29' 04.33" with the previous course 34.67' to a point on 26 the northwesterly sideline of Thompson Street, thence, 27 6) Along the northwesterly sideline of Thompson Street in a general 28 southwesterly direction on a line having an interior angle of 90° 04' 29 18.57" with the previous course 81.14' to a point on the same northwes- 30 terly sideline of Thompson Street, thence, 31 7) In a general westerly direction on a line having an interior angle 32 of 120° 51' 15.92" with the previous course 28.15' to the POINT and 33 PLACE of BEGINNING. 34 The easement described above has a height of minimum 16.20'. The ease- 35 ment begins at park elevation (the park floor elevation is 6.00± to 36 8.00±) and runs to an elevation of -10.00'. 37 Said parcel containing 4,002 square feet of land more or less. 38 § 5. In the event that the city of New York received any funding, 39 support or assistance from the federal government for the purchase, 40 maintenance or improvement of the parklands set forth in sections three 41 and four of this act, the discontinuance and alienation of such parkland 42 authorized by the provisions of this act shall not occur until the city 43 of New York has complied with any federal requirements pertaining to the 44 alienation or conversion of such parklands, including satisfying the 45 secretary of the interior that the alienation or conversion complies 46 with all conditions which the secretary of the interior deems necessary 47 to assure the substitution of other lands shall be equivalent in fair 48 market value and usefulness to the lands being alienated or converted. 49 § 6. Upon the completion of construction, the metropolitan transporta- 50 tion authority shall, in agreement with the city of New York and in 51 consultation with community board two, restore the surface of the lands 52 described in sections three and four of this act and the lands shall 53 continue to be used for park purposes. 54 § 7. This act shall take effect immediately.