S T A T E O F N E W Y O R K
________________________________________________________________________
6312
2019-2020 Regular Sessions
I N S E N A T E
June 4, 2019
___________
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 Rules
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.
LBD09694-02-9
S. 6312 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. 6312 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 surface and 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 surface and 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. 6312 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 surface and 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 park lands set forth in sections three
and four of this act, the discontinuance and alienation of such park
land 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 park lands, 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.
