LBD15828-01-2
S. 9323 2
terms and conditions for the metropolitan transportation authority to
ensure that the city of New York can comply with section seven of this
act.
§ 2. The metropolitan transportation authority, as consideration for
being granted easements described in this act, shall pay to the city of
New York the fair market value of the parklands being discontinued. The
authorization 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 payable by the metropol-
itan transportation authority, as such fair market value is determined
in such easements, for the parklands being discontinued towards the
acquisition of new parklands or capital improvements to existing park-
lands and recreational facilities within the borough of Brooklyn.
§ 3. The lands hereby authorized by section one of this act to be
discontinued permanently as parkland and designated to be transferred to
the metropolitan transportation authority are located in the county of
Kings, city and state of New York in a park known as the Callahan-Kelly
Park, and are bounded and described as follows:
Area A: acquisition of property rights on Tax Lot 1 in Block 1546,
Borough of Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83 / NAVD88) at the corner formed by the inter-
section of the northerly line of Fulton Street, an eighty feet width
right of way, and the easterly line of Eastern Parkway, a one-hundred-
and ten-feet width right of way, running thence,
Easterly along the said northerly sideline of Fulton Street 883.90',
along the same northerly sideline of Fulton Street to a point, thence,
On a line in a general northerly direction having an interior angle of
84°14'59" with the previous course 72.29' to a point known as the Point
of Beginning, thence,
1) On a line in a general westerly direction having an interior angle
of 89°57'01" with the previous course 55.94' to a point, thence,
2) On a line in a general Northerly direction having an interior angle
of 79°17'17" with the previous course 65.85' to a point, thence,
3) On a line in a general easterly direction having an interior angle
of 100°47'48" with the previous course 23.82' to a point, thence,
4) On a line in a general northerly direction having an interior angle
of 270°17'30" with the previous course 18.55' to a point, thence,
5) On a line in a general easterly direction having an interior angle
of 89°14'48" with the previous course 112.13' to a point, thence,
6) On a line in a general southerly direction having an interior angle
of f 70°59'29" with the previous course 18.01' to a point, thence,
7) On a line in a general westerly direction having an interior angle
of 109°20'10" with the previous course 45.81' to a point, thence,
8) On a line in a general southerly direction having an interior angle
of 270°00'00" with the previous course 17.40' to a point, thence,
9) On a line in a general westerly direction having an interior angle
of 90°00'00" with the previous course 40.29' to a point, thence,
10) On a line in a general southerly direction having an interior
angle of 270°00'00" with the previous course 48.23' to the Point of
Beginning.
Said parcel described above contains 5,836 square feet more or less.
Area B: acquisition of property rights on Tax Lot 1 in Block 1546,
Borough of Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83 / NAVD88) at the corner formed by the inter-
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section of the northerly line of Fulton Street, an eighty feet width
right of way, and the north-easterly line of Eastern Parkway, a one-hun-
dred-and ten-feet width right of way, running thence,
Easterly along the said northerly line of Fulton Street 1011.31', to a
point of curvature on the same northerly sideline of Fulton Street,
thence,
Along the arc, having a curve to the left, a radius of 70 feet, delta
of 102°54'18", and an arc distance of 125.72 feet to the point of
tangency along the westerly line of Van Sinderen Avenue, a one-hundred
width right of way, thence,
Along the same westerly sideline of Van Sinderen Avenue in a general
northerly direction, from the point of tangency 53.99' along the same
westerly line of Van Sinderen Avenue, to a point, thence,
On a line in a general westerly direction having an interior angle of
97°09'24" with the previous course 45.92' to the Point of Beginning,
thence,
1) On a line in a general westerly direction having an interior angle
of 180°00'00" with the previous course 38.50' to a point, thence,
2) On a line in a general northerly direction having an interior angle
of 90°00'00" with the previous course 18.75' to a point, thence,
3) On a line in a general easterly direction having an interior angle
of 90°00'00" with the previous course 0.90' to a point, thence,
4) On a line in a general northerly direction having an interior angle
of 250°39'50" with the previous course 51.96' to a point, thence,
5) On a line in a general easterly direction having an interior angle
of 89°54'43" with the previous course 13.21' to a point, thence,
6) On a line in a general northerly direction having an interior angle
of 270°09'15" with the previous course 1.50' to a point, thence,
7) On a line in a general easterly direction having an interior angle
of 89°42'05" with the previous course 19.98' to a point, thence,
8) On a line in a general southerly direction having an interior angle
of 116°54'23" with the previous course 9.83' to a point, thence,
9) On a line in a general southerly direction having an interior angle
of 153°20'13" with the previous course 10.30' to a point, thence,
10) On a line in a general easterly direction having an interior angle
of 285°10'47" with the previous course 1.53' to a point, thence,
11) On a line in a general southerly direction having an interior
angle of 74°53'38" with the previous course 40.81' to the Point of
Beginning.
Said parcel described above contains 2,485 square feet more or less.
§ 4. The area above certain limiting planes set forth below authorized
to be discontinued permanently as parkland by section one of this act,
along with permanent easements below such limiting planes for the struc-
tural supports required for the support of such above grade transit
improvements described in section one of this act are bounded and
described as follows:
Area C: Acquisition of air rights on Tax Lot 1 in Block 1546, Borough
of Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83 / NAVD 88) at the corner formed by the inter-
section of the northerly sideline of Fulton Street, an eighty feet width
right of way, and the easterly sideline of Eastern Parkway, a one-hun-
dred- and ten-feet width right of way, running thence,
Along the easterly sideline of Eastern Parkway, a one-hundred- and
ten-feet width right of way, in a general northeasterly direction 70.74'
to a point in the same easterly sideline of Eastern Parkway and the
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southerly sideline of Truxton Street, a 70 feet width right of way,
thence,
Along the southerly sideline of Truxton Street in a general easterly
direction having an interior angle of 142°03'22" with the previous
course 945.72' to the point to curvature along the same said southerly
sideline of Truxton Street, thence,
Along the arc, having a curve to the right, a radius of 70 feet, delta
of 36°53'27", and an arc distance of 45.07', also described as having an
interior angle of 161°33'16" with the previous course 44.30' chord
length to the Point of Beginning in the same southerly sideline of Trux-
ton Street, thence,
1) On a line in a general southerly direction having an interior angle
of 82°10'13" with the previous course 60.33' to a point, thence,
2) On a line in a general easterly direction having an interior angle
of 90°05'13" with the previous course 13.21' to a point, thence,
3) On a line in a general northerly direction having an interior angle
of 89°50'45" with the previous course 56.52 to a point along a curve,
thence,
4) Along an arc on the southerly sideline of Truxton Street having a
curve to the left, a radius of 70 feet, a delta angle of 11°22'02" and
an arc distance of 13.71', also described as having an interior angle of
106°17'35" with the previous course 13.69' chord length to the Point of
Beginning.
The property rights described above begin at an elevation (NAVD 88) of
121.5 ± feet with no upper limit. The park ground is at an elevation of
86.5± feet.
Said parcel containing 773 square feet more or less.
Area D: acquisition of air rights on Tax Lot 1 in Block 1546, Borough
of Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83 / NAVD 88) at the corner formed by the inter-
section of the northerly sideline of Fulton Street, an eighty feet width
right of way, and the easterly sideline of Eastern Parkway, a one-hun-
dred- and ten-feet width right of way, running thence,
Easterly along the said northerly line of Fulton Street 1011.31', to a
point of curvature on the same northerly sideline of Fulton Street,
thence,
Along the arc, having a curve to the left, a radius of 70 feet, delta
of 102°54'18", and an arc distance of 125.72 feet to the point of
tangency along the westerly sideline of Van Sinderen, a one-hundred
width right of way, thence,
On a line in a general northerly direction, from the point of tangency
111.19' along the same westerly sideline of Van Sinderen, to the Point
of Beginning,
1) On a line in a general westerly direction having an interior angle
of 101°43'05" with the previous course 24.87' to a point, thence,
2) On a line in a general southerly direction having an interior angle
of 78°06'04" with the previous course 10.46'to a point, thence,
3) On a line in a general southerly direction having an interior angle
of 206°39'47" with the previous course 10.30'to a point, thence,
4) On a line in a general easterly direction having an interior angle
of 74°45'47" with the previous course 29.48' to a point along the
westerly sideline on Van Sinderen Avenue, a one-hundred feet width right
of way, thence,
5) On a line in general northerly direction having an interior angle
of 78°45'18" with the previous course 20.38' to the Point of Beginning.
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The property rights as described above begin at an elevation (NAVD 88)
of 96.5± feet with no upper limit. The park ground is at an elevation
of 86.5± feet.
Said parcel containing 522 square feet more or less.
§ 5. The lands hereby authorized to be discontinued temporarily as
parklands by section one of this act and which will serve as
construction staging areas for a period exceeding two years, include the
lands described in section four of this act that are located below the
limiting plane defining the air space above the parkland being perma-
nently discontinued to allow for above grade station improvements (and
which will not be occupied by permanent station supports), and addi-
tional lands that are bounded and described as follows:
Area E: Temporary Construction Easement on Tax Lot 1 in Block 1546,
Borough of Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83) at the corner formed by the intersection of the
northerly sideline of Fulton Street, an eighty feet width right of way,
and the easterly sideline of Eastern Parkway, a one-hundred- and ten-
feet width right of way, running thence,
Easterly along the said northerly sideline of Fulton Street 883.90',
to the Point of Beginning along the same northerly sideline of Fulton
Street, thence,
1) On a line in a general northerly direction having an interior angle
of 84°15'59 with the previous course 72.29' to a point, thence,
2) On a line in a general westerly direction having an interior angle
of 89°57'02" with the previous course 55.94' to a point, thence,
3) On a line in a general northerly direction having an interior angle
of 280°42'43 with the previous course 65.85' to a point, thence,
4) On a line in a general easterly direction having an interior angle
of 259°12'12" with the previous course 23.82' to a point, thence,
5) On a line in a general northerly direction having an interior angle
of 89°42'30" with the previous course 18.55' to a point, thence,
6) On a line in a general westerly direction having an interior angle
of 90°45'12" with the previous course 42.04' to a point, thence,
7) On a line in a general southerly direction having an interior angle
of 89°48'43" with the previous course 97.30' to a point, thence,
8) On a line in a general easterly direction having an interior angle
of 90°00'11" with the previous course 7.38' to a point, thence,
9) On a line in a general southerly direction having an interior angle
of 280°27'29" with the previous course 39.17' to a point, thence,
10) On a line in a general southerly direction having an interior
angle of 169°22'25" with the previous course 13.72' to a point, thence,
11) On a line in a general easterly direction having an interior angle
of 95°46'34" with the previous course 62.48' along the northerly line of
Fulton Street to the Point of Beginning.
Said parcel containing 5,752 square feet more or less.
Area F: temporary construction easement on Tax Lot 1 in Block 1546,
Borough of Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83) at the corner formed by the intersection of the
northerly sideline of Fulton Street, an eighty feet width right of way,
and the easterly sideline of Eastern Parkway, a one-hundred- and ten-
feet width right of way, running thence,
North-easterly along the said easterly sideline of Eastern Parkway, a
one-hundred- and ten-feet width right of way, 70.74' to a point in the
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same easterly sideline of Eastern Parkway and the Southerly sideline of
Truxton Street, a 70 feet width right of way, thence,
Along the southerly line of Truxton Street in a general easterly
direction having an interior angle of 142°03'22" with the previous
course 932.30' along the same said southerly line of Truxton Street to
the Point of Beginning, thence,
1) On a line in a general southerly direction having an interior angle
of 63°43'34" with the previous course 101.74' to a point, thence,
2) On a line in a general easterly direction having an interior angle
of 70°59'29" with the previous course 29.61' to a point, thence,
3) On a line in a general northerly direction having an interior angle
of 109°00'31" with the previous course 53.82' to a point, thence,
4) On a line in a general easterly direction having an interior angle
of 270°00'00" with the previous course 27.92' to a point, thence,
5) On a line in a general southerly direction having an interior angle
of 270°00'00" with the previous course 10.07, to a point, thence,
6) On a line in a general easterly direction having an interior angle
of 90°05'17" with the previous course 13.21' to a point, thence,
7) On a line in a general northerly direction having an interior angle
of 89°50'45" with the previous course 1.50' to a point, thence,
8) On a line in a general easterly direction having an interior angle
of 270°17'55" with the previous course 19.98' to a point, thence,
9) On a line in a general southerly direction having an interior angle
of 243°05'37" with the previous course 9.83' to a point, thence,
10) On a line in a general southerly direction having an interior
angle of 206°39'47" with the previous course 10.30' to a point, thence,
11) On a line in a general easterly direction having an interior angle
of 74°49'13" with the previous course 1.53' to a point, thence,
12) On a line in a general southerly direction having an interior
angle of 285°06'22" with the previous course 40.81' to a point, thence,
13) On a line in a general easterly direction having an interior angle
of 70°44'54" with the previous course 45.92, to a point along the
westerly sideline of Van Sinderen Avenue, a one-hundred feet width right
of way, thence,
14) Along the westerly sideline of Van Sinderen Avenue in a general
northerly direction having an interior angle of 82°50'36" with the
previous course 73.34' to the point of curvature along the same westerly
sideline of Van Sinderen, now opened at one-hundred feet wide, thence,
15) Along the arc, having a curve to the left, a radius of 70 feet,
delta of 89°46'03", arc distance of 109.69' feet to the point of tangen-
cy along the southerly sideline of Truxton Street, a seventy feet width
right of way, thence,
16) Along the southerly sideline of Truxton Street from the point of
tangency in a general easterly direction 13.42' to the Point of Begin-
ning.
Said parcel containing 8,564 square feet more or less.
§ 6. The lands hereby authorized to be dedicated as parklands by the
city of New York on the terms set forth in section two of this act are
located in the county of Kings, city and state of New York and bounded
and described as follows:
Portion of Sackman Street abutting Tax Lot 1 in Block 1546, Borough of
Brooklyn:
Beginning at the Point of Commencement, (N=186378.8532,
E=1009899.0749) (NAD83) at the corner formed by the intersection of the
northerly line of Fulton Street, an eighty feet width right of way, and
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the north-easterly line of Eastern Parkway, a one-hundred- and ten-feet
width right of way, running thence,
Easterly along the said northerly sideline of Fulton Street 466.90' to
the Point of Beginning on the same northerly sideline of Fulton Street,
and the easterly sideline of Sackman Street, thence,
1) Along the easterly sideline of Sackman Street in a general norther-
ly direction having an interior angle of 74°27'51" with the previous
course 124.23' to a point along the southerly sideline of Truxton Street
a 70' width right of way, thence,
2) Along the southerly sideline of Truxton Street in a general wester-
ly direction having an interior angle of 92°50'53" with the previous
course 80.10' to a point on the same southerly sideline of Truxton
Street and the westerly sideline of Sackman street, thence,
3) Along the westerly sideline of Sackman Street in a general souther-
ly direction having an interior angle of 87°09'07" with the previous
course 127.97' to a point along the westerly sideline of Sackman Street
and the northerly sideline of Fulton Street, thence,
4) Along the northerly sideline of Fulton Street in a general easterly
direction having an interior angle of 105°32'08" with the previous
course 83.03' to the Point of Beginning.
Said parcel containing 10,968 square feet more or less.
§ 7. The discontinuance of parkland authorized by this act shall not
occur until the city of New York has complied with any applicable feder-
al requirements pertaining to the alienation or conversion of the park-
lands, including satisfying the secretary of the interior that the
conversion complies with all conditions which the secretary of the inte-
rior deems necessary to ensure the provision of adequate recreation
properties and opportunities of reasonably equivalent location and
usefulness.
§ 8. 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 four and five of this act, other than those
areas described in section four of this act on which structural supports
are located to support the aerial improvements to be constructed, and
the lands shall otherwise continue to be used for park purposes.
§ 9. This act shall take effect immediately.