NY State Senate Bill 2017-S8784B

Senate Bill S8784B

2017-2018 Legislative Session

Relates to the discontinuance of park land of a portion of real property in the city of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Jun 19, 2018	ordered to third reading cal.1970 committee discharged and committed to rules
Jun 18, 2018	print number 8784b
Jun 18, 2018	amend and recommit to cities
Jun 14, 2018	print number 8784a
Jun 14, 2018	amend and recommit to cities
May 18, 2018	referred to cities

Votes

- Jun 19, 2018 - Rules Committee Vote
  S8784B
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Griffo
      
      LaValle
      
      Lanza

Bill Amendments

Original

B (Active)

2017-S8784 - Details

See Assembly Version of this Bill:: A11187
Current Committee:: Senate Rules
Law Section:: Metropolitan Transportation Authority
Versions Introduced in 2019-2020 Legislative Session:: S6312, A7772

2017-S8784 - Summary

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.

2017-S8784 - Sponsor Memo

                                
 
BILL NUMBER: S8784

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to authorize the city of New York to discontin-
ue the use as park land of a portion of real property in the county of
New York and to grant easements

 
PURPOSE OF THE BILL:

This bill would authorize the City of New York to alienate permanently
certain parcels of land under the Grand Central Court Park and located
at the corner of Thompson Street and Avenue of the Americas in lower
Manhattan in order to construct an electric power substation necessary
to permit greater train efficiency on the 8th Ave. line.

 
SUMMARY OF SPECIFIC PROVISIONS:

Bill section 1 would authorize the City of New York to grant to the
Metropolitan Transportation Authority three permanent subsurface ease-
ments below the subject area and temporary easements to occupy and use
the land for approximately forty-five months during which the New York

City Transit Authority will construct an electrical power substation
adjacent to the subway tunnel for the A, C, E subway lines (the 8th Ave.
line) that will enable increased subway service on said line.

Bill section 2 makes the transfer contingent on the city acquiring
substitute parkland of equal or greater value than the land so alien-
ated.

Bill sections 3 and 4 establish the meets and bounds of the property
where easements would be acquired.

Bill section 5 provides for compliance with federal law if any federal
funding was used for purposes of the aforementioned property.

Bill section 6 provides that upon completion of the electrical
substation the property will be restored in agreement with the city.

Bill section 7 provides that the bill would take effect immediately.

 
JUSTIFICATION:

This is a Metropolitan Transportation Authority program bill. The MTA
asserts the following:

Upgrades planned for the 8th Avenue line will permit the number of
trains per hour along that line to be increased. A study was commis-
sioned and found that several location along the line require additional
electrical power for these upgrade to take place. One of those locations
requiring additional electrical power was within the vicinity of the
line's Canal Street Station. A scouting survey of the surrounding area
concluded that the area described within this legislation was the most
feasible location for an electrical power substation. This legislation
is therefore necessary to provide for these important upgrades.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2017-S8784 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8784
 
                             I N  S E N A T E
 
                               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:
 
   Section  1. Subject to the provisions of this act, but notwithstanding
 any provision of law to the contrary, the city of  New  York  is  hereby
 authorized  to  discontinue  permanently  the  use  as park land certain
 subsurface portions of the lands described in section three of this  act
 and  to discontinue temporarily the use as park land the lands described
 in section four of this act and to grant easements to such lands to  the
 metropolitan transportation authority, upon such terms and conditions as
 the city shall determine, to enable the New York city transit authority,
 an  affiliate  of the metropolitan transportation 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.
   § 2. The authorizations provided in section one of this act shall take
 effect only upon the condition that at the time of the granting  of  the
 easements  interests in the park land and the discontinuance of the park
 lands described in sections three and four of this act to the  New  York
 city  transit authority, the city shall acquire additional park lands of
 equal or greater fair market value and/or perform  capital  improvements
 to  existing  park  and  recreational  facilities  which are equal to or
 greater than the fair market value of those park lands being  discontin-
 ued by this act.
   §  3.  The  lands  hereby  authorized by section one of this act to be
 discontinued as park land and granted as a subsurface  easement  to  the
 metropolitan  transportation  authority  are located in the city, county
 and state of New York in a park known as the grand canal court  and  are
 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
 
   Permanent subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan:
   Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines of Thompson Street, a variable width  right  of  way,  running
 thence,
   1)  Northwesterly  along  the  said northeasterly sideline of Thompson
 Street 24.57' to a point in the same northeasterly sideline of  Thompson
 Street, thence,
   2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
 previous course 28.15' to a  point  in  the  northwesterly  sideline  of
 Thompson Street, thence,
   3)  Along  the  northwesterly sideline of Thompson Street in a general
 southwesterly direction having an interior angle of 59° 08' 44.08"  with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 14.70'. The easement
 begins at an elevation of 4.70' (the park floor elevation is 6.00±    to
 8.00±) and runs to an elevation of -10.00'.
   Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
 easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
 distant  from the corner formed by the intersection of the northeasterly
 sideline of Thompson Street (a variable width of right of way)  and  the
 easterly  sideline  of  the Avenue of the Americas, (100' wide), running
 thence,
   1) Along the same easterly sideline of Avenue of  the  Americas  in  a
 general northerly direction 49.69' to a point, thence,
   2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
 with the previous course 38.86' to a point, thence,
   3) In a general southwesterly direction on a line having  an  interior
 angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
 thence,
   4) On a line having an interior angle  of  91°  00'  50.94"  with  the
 previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
 NING.
   The easement described above has a height of  16.34'.    The  easement
 begins  at  an  elevation of 6.34' (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of
 Manhattan:
   Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  16.26'  to  a  point  on the same northerly sideline of Thompson
 Street, thence,
   2) On a line in a general northerly direction having an interior angle
 of 130° 20' 24.62" with the previous course 66.50' to a point, thence,
   3) On a line in a general easterly direction having right angles  with
 the previous course 4.00' to a point, thence,
   4) On a line in a general northerly direction having right angles with
 the previous course 19.80' to a point, thence,
   5)  On a line in a general westerly direction having right angles with
 the precious course 4.00' to a point, thence,

 S. 8784                             3
 
   6) On a line in a general northerly direction having right angles with
 the previous course 25.87' to a point, thence,
   7)  On  a  line  having  an  interior angle of 59° 57' 16.81" with the
 previous course 72.03' to a  point  on  the  northwesterly  sideline  of
 Thompson Street, thence,
   8)  Along the said northwesterly sideline of Thompson Street on a line
 having an interior angle of 90° 04'  18.57"  with  the  previous  course
 100.00' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 55.00'. The easement
 begins at an elevation of -10.00' and runs to an elevation of -65.00'.
   § 4. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  temporarily  as park land and granted as a temporary ease-
 ment for no more than forty-five (45) months to metropolitan transporta-
 tion authority for use  by  the  New  York  city  transit  authority  in
 connection  with  the  construction  of  the  electrical  substation are
 located in the city, county and state in New York in a park known as the
 grand canal court and are bounded and described as follows:
   Temporary subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning at a point (N=202372.05, E=982851.41)(NAD83/NAVD88)  at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence,
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  24.57' to a point in the same northeasterly sideline of Thompson
 Street, thence,
   2) On a line having an interior angle  of  41°  13'  15.92"  with  the
 previous  course  28.15'  to  a  point  in the northwesterly sideline of
 Thompson Street, thence,
   3) Along the northwesterly sideline of Thompson Street  in  a  general
 southwesterly  direction having an interior angle of 59° 08' 44.08" with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The easement described above has a height of minimum 1.50'. The  ease-
 ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of 4.70'.
   Temporary subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88)  in  the
 easterly  sideline  of  Avenue  of  the  Americas, which point is 45.14'
 distant from the corner formed by the intersection of the  northeasterly
 sideline of Thompson Street (a variable width right of way) and easterly
 sideline of Avenue of the Americas, (100' wide), running thence,
   1)  Along  the  same  easterly sideline of Avenue of the Americas in a
 general northerly direction 49.69' to a point, thence,
   2) Southeasterly on a line having an interior angle of 74° 17'  10.43"
 with the previous course 38.86' to a point, thence,
   3)  In  a general southwesterly direction on a line having an interior
 angle of 89° 30' 55.67" with the previous  course  47.67'  to  a  point,
 thence,
   4)  On  a  line  having  an  interior angle of 91° 00' 50.94" with the
 previously mentioned course 25.00' to the POINT and PLACE of the  BEGIN-
 NING.
   The  easement described above has a height of minimum 1.50'. The ease-
 ment begins at park elevation (the park  floor  elevation  is  6.00±  to
 8.00±) and runs to an elevation of 6.34'.

 S. 8784                             4
 
   Temporary subsurface easement 3 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at a point (N=202388.89', E=982833.52)(NAD83/NAVD88), which
 is distant 24.57' northwesterly  along  the  northeasterly  sideline  of
 Thompson  Street  from  the  corner  formed  by  the intersection of the
 northeasterly and northwesterly sidelines of Thompson Street, a variable
 width right of way, running thence,
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  a  distance  of  24.19'  to  a  point at the intersection of the
 northeasterly sideline of Thompson Street with the easterly side of  the
 Avenue of the Americas, thence,
   2)  In  a  general  northerly  direction on a line forming an interior
 angle of 116° 00' 31" with the previous course 45.14' to a point,
   3) In a general southeasterly direction on a line having  an  interior
 angle  of  74°  48'  57.04"  with the previous course 25.00' to a point,
 thence,
   4) In a general northeasterly direction on a line having  an  exterior
 angle  of  91°  00'  50.94"  with the previous course 47.67' to a point,
 thence,
   5) In a general southeasterly direction on a line having  an  interior
 angle  of  90°  29' 04.33" with the previous course 34.67' to a point on
 the northwesterly sideline of Thompson Street, thence,
   6) Along the northwesterly sideline of Thompson Street  in  a  general
 southwesterly  direction  on  a line having an interior angle of 90° 04'
 18.57" with the previous course 81.14' to a point on the same  northwes-
 terly sideline of Thompson Street, thence,
   7)  In a general westerly direction on a line having an interior angle
 of 120° 51' 15.92" with the previous course  28.15'  to  the  POINT  and
 PLACE of BEGINNING.
   The easement described above has a height of minimum 16.20'. The ease-
 ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   § 5. In the event that the city of  New  York  received  any  funding,
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in sections  three
 and four of this act, the discontinuance and alienation of such parkland
 authorized  by  the  provisions  of  sections three and four of this act
 shall not occur until the city of New York has complied with any federal
 requirements pertaining to the alienation or conversion  of  such  park-
 lands,  including  satisfying  the  secretary  of  the interior that the
 alienation or conversion complies with all conditions which  the  secre-
 tary of the interior deems necessary to assure the substitution of other
 lands  shall  be  equivalent  in fair market value and usefulness to the
 lands being alienated or converted.
   § 6. Upon completion of the construction of the electrical substation,
 the park will be restored for use as a park in agreement with  the  city
 of New York.
   § 7. This act shall take effect immediately.

2017-S8784A - Details

See Assembly Version of this Bill:: A11187
Current Committee:: Senate Rules
Law Section:: Metropolitan Transportation Authority
Versions Introduced in 2019-2020 Legislative Session:: S6312, A7772

2017-S8784A - Summary

2017-S8784A - Sponsor Memo

                                
 
BILL NUMBER: S8784A

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to authorize the city of New York to discontin-
ue the use as park land of a portion of real property in the county of
New York and to grant easements

 
PURPOSE OF THE BILL:

This bill would authorize the City of New York to alienate permanently
certain parcels of land under the Grand Canal Court Park and located at
the corner of Thompson Street and Avenue of the Americas in lower
Manhattan in order to construct an electric power substation necessary
to permit greater train efficiency on the 8th Ave. line.

 
SUMMARY OF PROVISIONS:

Bill section 1 would authorize the City of New York to grant to the
Metropolitan Transportation Authority three permanent subsurface ease-
ments below the subject area and temporary easements to occupy and use
the land for approximately forty-five months during which the New York

City Transit Authority will construct an electrical power substation
adjacent to the subway tunnel for the A, C, E subway lines (the 8th Ave.
line) that will enable increased subway service on said line.

Bill section 2 makes the transfer contingent on the city acquiring
substitute parkland of equal or greater value than the land so alien-
ated.

Bill sections 3 and 4 establish the meets and bounds of the property
where easements would be acquired.

Bill section 5 provides for compliance with federal law if any federal
funding was used for purposes of the aforementioned property.

Bill section 6 provides that upon completion of the electrical
substation the property will be restored in agreement with the city and
in consultation with the Community Board.

Bill section 7 provides that the bill would take effect immediately.

 
JUSTIFICATION:

Upgrades planned for the 8th Avenue line will permit the number of
trains per hour along that line to be increased. A study was commis-
sioned and found that several locations along the line require addi-
tional electrical power for these upgrades to take place. One of those
locations requiring additional electrical power was within the vicinity
of the line's Canal Street Station. A scouting survey or the surrounding
area concluded that the area described within this legislation was the
most feasible location for an electrical power substation. This legis-
lation is therefore necessary to provide for these important upgrades.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The bill would take effect immediately.

2017-S8784A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8784--A
 
                             I N  S E N A T E
 
                               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:
 
   Section  1. Subject to the provisions of this act, but notwithstanding
 any provision of law to the contrary, the city of  New  York  is  hereby
 authorized  to  discontinue  permanently  the  use  as park land certain
 subsurface portions of the lands described in section three of this  act
 and  to discontinue temporarily the use as park land the lands described
 in section four of this act and to grant easements to such lands to  the
 metropolitan transportation authority, upon such terms and conditions as
 the city shall determine, to enable the New York city transit authority,
 an  affiliate  of the metropolitan transportation 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.
   § 2. The authorizations provided in section one of this act  shall  be
 effective only upon the condition that the city of New York dedicates an
 amount  equal to or greater than the fair market value of the park lands
 being discontinued towards the acquisition  of  new  park  lands  and/or
 capital  improvements  to existing park land and recreational facilities
 within community board two in the borough of Manhattan.
   § 3. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  as  park  land and granted as a subsurface easement to the
 metropolitan transportation authority are located in  the  city,  county
 and  state  of New York in a park known as the grand canal court and are
 bounded and described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14356-10-8

 S. 8784--A                          2
 
   Permanent subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan:
   Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines of Thompson Street, a variable width  right  of  way,  running
 thence,
   1)  Northwesterly  along  the  said northeasterly sideline of Thompson
 Street 24.57' to a point in the same northeasterly sideline of  Thompson
 Street, thence,
   2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
 previous course 28.15' to a  point  in  the  northwesterly  sideline  of
 Thompson Street, thence,
   3)  Along  the  northwesterly sideline of Thompson Street in a general
 southwesterly direction having an interior angle of 59° 08' 44.08"  with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 14.70'. The easement
 begins at an elevation of 4.70' (the park floor elevation is 6.00±    to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 228 square feet of land more or less.
   Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
 easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
 distant  from the corner formed by the intersection of the northeasterly
 sideline of Thompson Street (a variable width of right of way)  and  the
 easterly  sideline  of  the Avenue of the Americas, (100' wide), running
 thence,
   1) Along the same easterly sideline of Avenue of  the  Americas  in  a
 general northerly direction 49.69' to a point, thence,
   2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
 with the previous course 38.86' to a point, thence,
   3) In a general southwesterly direction on a line having  an  interior
 angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
 thence,
   4) On a line having an interior angle  of  91°  00'  50.94"  with  the
 previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
 NING.
   The easement described above has a height of  16.34'.    The  easement
 begins  at  an  elevation of 6.34' (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 1,524 square feet of land more or less.
   Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of
 Manhattan:
   Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  16.26'  to  a  point  on the same northerly sideline of Thompson
 Street, thence,
   2) On a line in a general northerly direction having an interior angle
 of 130° 20' 24.62" with the previous course 66.50' to a point, thence,
   3) On a line in a general easterly direction having right angles  with
 the previous course 4.00' to a point, thence,
   4) On a line in a general northerly direction having right angles with
 the previous course 19.80' to a point, thence,

 S. 8784--A                          3
 
   5)  On a line in a general westerly direction having right angles with
 the precious course 4.00' to a point, thence,
   6) On a line in a general northerly direction having right angles with
 the previous course 25.87' to a point, thence,
   7)  On  a  line  having  an  interior angle of 59° 57' 16.81" with the
 previous course 72.03' to a  point  on  the  northwesterly  sideline  of
 Thompson Street, thence,
   8)  Along the said northwesterly sideline of Thompson Street on a line
 having an interior angle of 90° 04'  18.57"  with  the  previous  course
 100.00' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 55.00'. The easement
 begins at an elevation of -10.00' and runs to an elevation of -65.00'.
   Said parcel containing 4,218 square feet of land more or less.
   § 4. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  temporarily  as park land and granted as a temporary ease-
 ment for no more than forty-five (45) months to metropolitan transporta-
 tion authority for use  by  the  New  York  city  transit  authority  in
 connection  with  the  construction  of  the  electrical  substation are
 located in the city, county and state in New York in a park known as the
 grand canal court and are bounded and described as follows:
   Temporary subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning at a point (N=202372.05, E=982851.41)(NAD83/NAVD88)  at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence,
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  24.57' to a point in the same northeasterly sideline of Thompson
 Street, thence,
   2) On a line having an interior angle  of  41°  13'  15.92"  with  the
 previous  course  28.15'  to  a  point  in the northwesterly sideline of
 Thompson Street, thence,
   3) Along the northwesterly sideline of Thompson Street  in  a  general
 southwesterly  direction having an interior angle of 59° 08' 44.08" with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The easement described above has a height of minimum 1.50'. The  ease-
 ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of 4.70'.
   Said parcel containing 228 square feet of land more or less.
   Temporary subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88)  in  the
 easterly  sideline  of  Avenue  of  the  Americas, which point is 45.14'
 distant from the corner formed by the intersection of the  northeasterly
 sideline of Thompson Street (a variable width right of way) and easterly
 sideline of Avenue of the Americas, (100' wide), running thence,
   1)  Along  the  same  easterly sideline of Avenue of the Americas in a
 general northerly direction 49.69' to a point, thence,
   2) Southeasterly on a line having an interior angle of 74° 17'  10.43"
 with the previous course 38.86' to a point, thence,
   3)  In  a general southwesterly direction on a line having an interior
 angle of 89° 30' 55.67" with the previous  course  47.67'  to  a  point,
 thence,
   4)  On  a  line  having  an  interior angle of 91° 00' 50.94" with the
 previously mentioned course 25.00' to the POINT and PLACE of the  BEGIN-
 NING.

 S. 8784--A                          4
 
   The  easement described above has a height of minimum 1.50'. The ease-
 ment begins at park elevation (the park  floor  elevation  is  6.00±  to
 8.00±) and runs to an elevation of 6.34'.
   Said parcel containing 1,524 square feet of land more or less.
   Temporary subsurface easement 3 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at a point (N=202388.89', E=982833.52)(NAD83/NAVD88), which
 is distant 24.57' northwesterly  along  the  northeasterly  sideline  of
 Thompson  Street  from  the  corner  formed  by  the intersection of the
 northeasterly and northwesterly sidelines of Thompson Street, a variable
 width right of way, running thence,
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  a  distance  of  24.19'  to  a  point at the intersection of the
 northeasterly sideline of Thompson Street with the easterly side of  the
 Avenue of the Americas, thence,
   2)  In  a  general  northerly  direction on a line forming an interior
 angle of 116° 00' 31" with the previous course 45.14' to a point,
   3) In a general southeasterly direction on a line having  an  interior
 angle  of  74°  48'  57.04"  with the previous course 25.00' to a point,
 thence,
   4) In a general northeasterly direction on a line having  an  exterior
 angle  of  91°  00'  50.94"  with the previous course 47.67' to a point,
 thence,
   5) In a general southeasterly direction on a line having  an  interior
 angle  of  90°  29' 04.33" with the previous course 34.67' to a point on
 the northwesterly sideline of Thompson Street, thence,
   6) Along the northwesterly sideline of Thompson Street  in  a  general
 southwesterly  direction  on  a line having an interior angle of 90° 04'
 18.57" with the previous course 81.14' to a point on the same  northwes-
 terly sideline of Thompson Street, thence,
   7)  In a general westerly direction on a line having an interior angle
 of 120° 51' 15.92" with the previous course  28.15'  to  the  POINT  and
 PLACE of BEGINNING.
   The easement described above has a height of minimum 16.20'. The ease-
 ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 4,002 square feet of land more or less.
   § 5. In the event that the city of  New  York  received  any  funding,
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in sections  three
 and four of this act, the discontinuance and alienation of such parkland
 authorized  by the provisions of this act shall not occur until the city
 of New York has complied with any federal requirements pertaining to the
 alienation or conversion of such  parklands,  including  satisfying  the
 secretary  of  the  interior  that the alienation or conversion complies
 with all conditions which the secretary of the interior deems  necessary
 to  assure  the  substitution of other lands shall be equivalent in fair
 market value and usefulness to the lands being alienated or converted.
   § 6. Upon the completion of construction, the metropolitan transporta-
 tion authority shall, in agreement with the city  of  New  York  and  in
 consultation  with community board two, restore the surface of the lands
 described in sections three and four of this act  and  the  lands  shall
 continue to be used for park purposes.
   § 7. This act shall take effect immediately.

2017-S8784B (ACTIVE) - Details

See Assembly Version of this Bill:: A11187
Current Committee:: Senate Rules
Law Section:: Metropolitan Transportation Authority
Versions Introduced in 2019-2020 Legislative Session:: S6312, A7772

2017-S8784B (ACTIVE) - Summary

2017-S8784B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8784B

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to authorize the city of New York to discontin-
ue the use as park land of a portion of real property in the county of
New York and to grant easements

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would authorize the City of New York to alienate certain
parcels of land under the Grand Canal Court Park located at the corner
of Thompson Street and Avenue of the Americas in lower Manhattan in
order to construct an electric power substation necessary to permit
greater train efficiency of the 8th Ave. line.

 
SUMMARY OF PROVISIONS:

Bill section one would authorize the City of New York to grant to the
Metropolitan Transportation Authority three permanent subsurface ease-
ments below the subject area and temporary easements to occupy and use
the land for approximately forty-five months during which the New York

City Transit Authority will construct an electrical power substation
adjacent to the subway tunnel for the A, C, E subway lines (the 8th Ave.
line) that will enable increased subway service on said line. Bill
section two makes the transfer contingent on the city utilizing any fair
market value proceeds for improvements to existing parkland or for the
purchase of substitute parkland of equal or greater value than the land
so alienated.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Clarifies the distribution of fair market value proceeds.

 
JUSTIFICATION:

Upgrades planned for the 8th Avenue line will permit the number of
trains per hour along that line to be increased. A study was commis-
sioned and found that several locations along the line require addi-
tional electrical power for these upgrades to take place. One of those
locations requiring additional electrical power was within the vicinity
of the line's Canal Street Station. A scouting survey of the surrounding
area concluded that the area described within this legislation was the
most feasible location for an electrical power substation. This legis-
lation is therefore necessary to provide for these important upgrades.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8784B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8784--B
 
                             I N  S E N A T E
 
                               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 -- 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:
 
   Section 1. Subject to the provisions of this act, but  notwithstanding
 any  provision  of  law  to the contrary, the city of New York is hereby
 authorized to discontinue permanently  the  use  as  park  land  certain
 subsurface  portions of the lands described in section three of this act
 and to discontinue temporarily the use as park land the lands  described
 in  section four of this act and to grant easements to such lands to the
 metropolitan transportation authority, upon such terms and conditions as
 the city shall determine, to enable the New York city transit authority,
 an affiliate of the metropolitan transportation 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.
   §  2.  The authorizations provided in section one of this act shall be
 effective only upon the condition that the city of New York dedicates an
 amount equal to or greater than the fair market value of the park  lands
 being  discontinued  towards  the  acquisition  of new park lands and/or
 capital improvements to existing park land and  recreational  facilities
 within the borough of Manhattan.
   §  3.  The  lands  hereby  authorized by section one of this act to be
 discontinued as park land and granted as a subsurface  easement  to  the
 metropolitan  transportation  authority  are located in the city, county
 and state of New York in a park known as the grand canal court  and  are
 bounded and described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14356-08-8

 S. 8784--B                          2
 
   Permanent subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan:
   Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines of Thompson Street, a variable width  right  of  way,  running
 thence,
   1)  Northwesterly  along  the  said northeasterly sideline of Thompson
 Street 24.57' to a point in the same northeasterly sideline of  Thompson
 Street, thence,
   2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
 previous course 28.15' to a  point  in  the  northwesterly  sideline  of
 Thompson Street, thence,
   3)  Along  the  northwesterly sideline of Thompson Street in a general
 southwesterly direction having an interior angle of 59° 08' 44.08"  with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 14.70'. The easement
 begins at an elevation of 4.70' (the park floor elevation is 6.00±    to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 228 square feet of land more or less.
   Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
 easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
 distant  from the corner formed by the intersection of the northeasterly
 sideline of Thompson Street (a variable width of right of way)  and  the
 easterly  sideline  of  the Avenue of the Americas, (100' wide), running
 thence,
   1) Along the same easterly sideline of Avenue of  the  Americas  in  a
 general northerly direction 49.69' to a point, thence,
   2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
 with the previous course 38.86' to a point, thence,
   3) In a general southwesterly direction on a line having  an  interior
 angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
 thence,
   4) On a line having an interior angle  of  91°  00'  50.94"  with  the
 previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
 NING.
   The easement described above has a height of  16.34'.    The  easement
 begins  at  an  elevation of 6.34' (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 1,524 square feet of land more or less.
   Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of
 Manhattan:
   Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  16.26'  to  a  point  on the same northerly sideline of Thompson
 Street, thence,
   2) On a line in a general northerly direction having an interior angle
 of 130° 20' 24.62" with the previous course 66.50' to a point, thence,
   3) On a line in a general easterly direction having right angles  with
 the previous course 4.00' to a point, thence,
   4) On a line in a general northerly direction having right angles with
 the previous course 19.80' to a point, thence,

 S. 8784--B                          3
 
   5)  On a line in a general westerly direction having right angles with
 the precious course 4.00' to a point, thence,
   6) On a line in a general northerly direction having right angles with
 the previous course 25.87' to a point, thence,
   7)  On  a  line  having  an  interior angle of 59° 57' 16.81" with the
 previous course 72.03' to a  point  on  the  northwesterly  sideline  of
 Thompson Street, thence,
   8)  Along the said northwesterly sideline of Thompson Street on a line
 having an interior angle of 90° 04'  18.57"  with  the  previous  course
 100.00' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 55.00'. The easement
 begins at an elevation of -10.00' and runs to an elevation of -65.00'.
   Said parcel containing 4,218 square feet of land more or less.
   § 4. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  temporarily  as park land and granted as a temporary ease-
 ment for no more than forty-five (45) months to metropolitan transporta-
 tion authority for use  by  the  New  York  city  transit  authority  in
 connection  with  the  construction  of  the  electrical  substation are
 located in the city, county and state in New York in a park known as the
 grand canal court and are bounded and described as follows:
   Temporary subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning at a point (N=202372.05, E=982851.41)(NAD83/NAVD88)  at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence,
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  24.57' to a point in the same northeasterly sideline of Thompson
 Street, thence,
   2) On a line having an interior angle  of  41°  13'  15.92"  with  the
 previous  course  28.15'  to  a  point  in the northwesterly sideline of
 Thompson Street, thence,
   3) Along the northwesterly sideline of Thompson Street  in  a  general
 southwesterly  direction having an interior angle of 59° 08' 44.08" with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The easement described above has a height of minimum 1.50'. The  ease-
 ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of 4.70'.
   Said parcel containing 228 square feet of land more or less.
   Temporary subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88)  in  the
 easterly  sideline  of  Avenue  of  the  Americas, which point is 45.14'
 distant from the corner formed by the intersection of the  northeasterly
 sideline of Thompson Street (a variable width right of way) and easterly
 sideline of Avenue of the Americas, (100' wide), running thence,
   1)  Along  the  same  easterly sideline of Avenue of the Americas in a
 general northerly direction 49.69' to a point, thence,
   2) Southeasterly on a line having an interior angle of 74° 17'  10.43"
 with the previous course 38.86' to a point, thence,
   3)  In  a general southwesterly direction on a line having an interior
 angle of 89° 30' 55.67" with the previous  course  47.67'  to  a  point,
 thence,
   4)  On  a  line  having  an  interior angle of 91° 00' 50.94" with the
 previously mentioned course 25.00' to the POINT and PLACE of the  BEGIN-
 NING.

 S. 8784--B                          4
 
   The  easement described above has a height of minimum 1.50'. The ease-
 ment begins at park elevation (the park  floor  elevation  is  6.00±  to
 8.00±) and runs to an elevation of 6.34'.
   Said parcel containing 1,524 square feet of land more or less.
   Temporary subsurface easement 3 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at a point (N=202388.89', E=982833.52)(NAD83/NAVD88), which
 is distant 24.57' northwesterly  along  the  northeasterly  sideline  of
 Thompson  Street  from  the  corner  formed  by  the intersection of the
 northeasterly and northwesterly sidelines of Thompson Street, a variable
 width right of way, running thence,
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  a  distance  of  24.19'  to  a  point at the intersection of the
 northeasterly sideline of Thompson Street with the easterly side of  the
 Avenue of the Americas, thence,
   2)  In  a  general  northerly  direction on a line forming an interior
 angle of 116° 00' 31" with the previous course 45.14' to a point,
   3) In a general southeasterly direction on a line having  an  interior
 angle  of  74°  48'  57.04"  with the previous course 25.00' to a point,
 thence,
   4) In a general northeasterly direction on a line having  an  exterior
 angle  of  91°  00'  50.94"  with the previous course 47.67' to a point,
 thence,
   5) In a general southeasterly direction on a line having  an  interior
 angle  of  90°  29' 04.33" with the previous course 34.67' to a point on
 the northwesterly sideline of Thompson Street, thence,
   6) Along the northwesterly sideline of Thompson Street  in  a  general
 southwesterly  direction  on  a line having an interior angle of 90° 04'
 18.57" with the previous course 81.14' to a point on the same  northwes-
 terly sideline of Thompson Street, thence,
   7)  In a general westerly direction on a line having an interior angle
 of 120° 51' 15.92" with the previous course  28.15'  to  the  POINT  and
 PLACE of BEGINNING.
   The easement described above has a height of minimum 16.20'. The ease-
 ment  begins  at  park  elevation  (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 4,002 square feet of land more or less.
   § 5. In the event that the city of  New  York  received  any  funding,
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in sections  three
 and four of this act, the discontinuance and alienation of such parkland
 authorized  by the provisions of this act shall not occur until the city
 of New York has complied with any federal requirements pertaining to the
 alienation or conversion of such  parklands,  including  satisfying  the
 secretary  of  the  interior  that the alienation or conversion complies
 with all conditions which the secretary of the interior deems  necessary
 to  assure  the  substitution of other lands shall be equivalent in fair
 market value and usefulness to the lands being alienated or converted.
   § 6. Upon the completion of construction, the Metropolitan transporta-
 tion authority shall, in agreement with the city  of  New  York  and  in
 consultation  with the local community board, restore the surface of the
 lands described in sections three and four of this  act  and  the  lands
 shall continue to be used for park purposes.
   § 7. This act shall take effect immediately.

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