Legislation
SECTION 349-G
Airport access mass transit for LaGuardia airport
Highway (HAY) CHAPTER 25, ARTICLE 12-B
* § 349-g. Airport access mass transit for LaGuardia airport. (a)
Notwithstanding any other provision of law, general, special, charter or
local, and consistent with section fourteen-d of the transportation law,
if a property acquisition pursuant to this section occurs by eminent
domain, the commissioner of transportation shall have the authority to
acquire any property, property rights, or property interests, including
easements, air rights and subsurface rights whether or not now or
previously designated as parkland or otherwise dedicated to a public use
as parkland (hereinafter referred to as "property interests"), but only
to the extent that such property interests are, in the judgment of the
commissioner, necessary for the construction, use, occupancy, operation,
and maintenance of an airport access mass transit facility via an
elevated guideway for LaGuardia airport and related ancillary facilities
for airport access mass transit maintenance, parking for persons using
the airport access mass transit facility and additional limited purposes
directly related to operation of an airport access mass transit project
and additional limited purposes directly related to the operation of an
airport access mass transit project, temporary laydown and construction
areas and air rights and subsurface rights related to an elevated
guideway, including appropriate entry and exit points for users of the
airport access mass transit facility and any property interests
necessary for an adjustment of the piers supporting the pedestrian
bridges crossing the Grand Central Parkway to maintain accessibility,
and any vehicle entry and exit points to the Grand Central Parkway
located along either side of the corridor, running along a route from
LaGuardia airport on or near the Grand Central Parkway, thence along the
edge of the Citi Field parking lot previously alienated for stadium use,
next alongside the existing elevated track for the No. 7 subway and
terminating at subway rail yards and other transportation staging and
storage areas within a corridor more specifically defined pursuant to
subdivision (b) of this section; and to utilize or sell, lease,
contract, or otherwise transfer the acquired property interests together
with property interests the commissioner otherwise holds and/or grant
easements, licenses, permits, concessions or other authorizations, to
the Port Authority of New York and New Jersey, to facilitate the
construction (including temporary laydown), and permanent use,
occupancy, operation, and maintenance of the airport access mass transit
facility and related ancillary facilities for airport access transit
maintenance, parking for persons using the airport access transit
facility and additional limited purposes directly related to operation
of an airport access mass transit project, and additional limited
purposes directly related to operation of an airport access mass transit
project including appropriate entry and exit points for users of the
mass transit facility and any property interests necessary for an
adjustment of the piers supporting the pedestrian bridges crossing the
Grand Central Parkway to maintain accessibility, and any vehicle entry
and exit points to the Grand Central Parkway located along either side
of the corridor, and temporary use for laydown and construction
purposes; provided however, this section does not authorize acquisition
of property interests for a self-standing facility constructed to house
premises for automobile rental operations.
(b) The corridor defined in subdivision (a) of this section, where the
acquisition of such property, property rights, or property interests
referred to in this section may occur, is more particularly described as
follows:
(i) The following parcels shall be included within a corridor within
which acquisition of permanent property interests may be acquired for
purposes of this section and paragraph d of subdivision one of section
fourteen-d of the transportation law:
(A) Parcel A
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Tract 1 - Grand Central Parkway
Beginning at a point in the easterly right of way line of Ditmars
Boulevard at the southwest corner of Tax Map Lot 50 Block 1641, thence
along a line North 15Á-10'-31" East, a distance of 493.53' to a point
within the westerly line of Tax Map Lot 1 Block 926, and from said point
of beginning running thence:
1. Within the westbound lanes of the Grand Central Parkway South
07Á-53'-31" East, a distance of 114.46' to a point within the westbound
lanes of the Grand Central Parkway
2. Within the westbound lanes of the Grand Central Parkway South
39Á-25'-56" East, a distance of 338.44' to a point in the westbound
lanes of the Grand Central Parkway, thence;
3. Within said lands the following six courses; South 34Á-46'-30"
East, a distance of 596.00' to a point in the westbound lanes of the
Grand Central Parkway, thence;
4. South 32Á-52'-42" East, a distance of 284.58' to a point in the
westbound lanes of the Grand Central Parkway, thence;
5. South 31Á-22'-20" East, a distance of 270.24' to a point in the
westbound lanes of the Grand Central Parkway, thence;
6. South 31Á-20'-42" East, a distance of 561.27' to a point in the
westbound lanes of the Grand Central Parkway, thence;
7. South 31Á-24'-15" East, a distance of 479.68' to a point in the
westbound lanes of the Grand Central Parkway, thence;
8. South 34Á-12'-57" East, a distance of 122.82' to a point in the
westbound lanes of the Grand Central Parkway, thence;
9. Within said lands and through the westbound lanes of the Grand
Central Parkway South 47Á-22'-46" West, a distance of 81.54' to a point
in the eastbound lanes of the Grand Central Parkway, thence;
10. Within the eastbound lanes of the Grand Central Parkway on a curve
to the left, having a radius of 1795.88', an arc length of 814.04', a
central angle of 25Á-58'-16", and whose chord bears South 49Á-41'-11"
East, a distance of 807.08' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
11. Within the eastbound lanes of the Grand Central Parkway on a curve
to the right, having a radius of 4175.45', an arc length of 369.28', a
central angle of 05Á-04'-02", and whose chord bears South 60Á-46'-11"
East, a distance of 369.16' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
12. Through the westbound lanes of Grand Central Parkway and waters of
Flushing Bay North 18Á-38'-40" East, a distance of 1016.75' to a point
in the waters of Flushing Bay, thence;
13. Within the waters of Flushing Bay North 45Á-38'-00" West, a
distance of 2406.73' to a point in the waters of Flushing Bay said point
also being in the southerly line of Tax Map Lot 1 Block 926, thence;
14. Along the southerly line of Tax Map Lot 1 Block 926 South
40Á-14'-47" West, a distance of 458.89' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
15. Along the westerly line of Tax Map Lot 1 Block 926 North
39Á-47'-03" West, a distance of 685.00' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
16. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to
the left, having a radius of 9711.30', an arc length of 342.94', a
central angle of 02Á-01'-24", and whose chord bears North 40Á-47'-45"
West, a distance of 342.93' to a point in the westerly line of Tax Map
Lot 1 Block 926 also the point and place of beginning and containing a
calculated areas of 2,388,737.04 SF or 54.837 acres.
(B) Parcel B
All that certain tracts or parcels of land located in the Grand Central
Parkway, Borough of Queens, State of New York, bounded and described as
follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 23Á-03'-48" East, a distance
of 575.33' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Through the westbound lanes of the Grand Central Parkway on a curve
to the right, having a radius of 1200', an arc length of 472.65', a
central angle of 22Á-34'-02", and whose chord bears North 46Á-30'-24"
West, a distance of 469.60' to a point in the median of the Grand
Central Parkway, thence;
2. Within said lands the following three courses, North 07Á-32'-34"
West, a distance of 806.64' to a point in the median of the Grand
Central Parkway, thence;
3. On a curve to the left, having a radius of 956.60', an arc length
of 1069.45', a central angle of 64Á-03'-18", and whose chord bears North
33Á-04'-05" West, a distance of 1014.62' to a point in the median of the
Grand Central Parkway, thence;
4. North 61Á-01'-46" West, a distance of 279.45' to a point in the
median of the Grand Central Parkway, said point also being the easterly
line of lands owned by the New York State Department of Transportation,
thence;
5. Along the easterly line of same, North 18Á-38'-40" East, a distance
of 1016.75' to a point in the waters of Flushing Bay, thence;
6. Within the waters of Flushing Bay South 45Á-38'-00" East, a
distance of 1092.05' to a point in the waters of Flushing Bay, said
point also being the westerly line of Tax Map Lot 65 Block 1789, thence;
7. Along the westerly line of same South 05Á-02'-52" East, a distance
of 456.35' to a point in the westerly line of Tax Map Lot 65 Block 1789,
thence;
8. Within the Grand Central Parkway South 04Á-53'-32" West, a distance
of 1348.61' to a point in the median of the Grand Central Parkway,
thence;
9. Through the westbound lanes of the Grand Central Parkway South
28Á-11'-29" East, a distance of 427.88' to a point within the westerly
line of Tax Map Lot 20 Block 1787, thence;
10. Along the westerly line of same, South 05Á-00'-28" East, a
distance of 133.39 to the point and place of beginning and containing a
calculated areas of 1,375,044.58 SF or 31.566 acres.
(C) Parcel C
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 23Á-03'-48" East, a distance
of 575.33' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Along the westerly line of same, North 05Á-00'-28" West, a distance
of 133.39 to a point within the westerly line of Tax Map Lot 20 Block
1787, thence;
2. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a
distance of 584.20' to a point in Lot 20 Block 1787, thence;
3. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South
86Á-10'-42" East, a distance of 420.78' to a point in Tax Map Lot 1500
Block 2018, thence;
4. Within said lands, North 68Á-23'-55" East, a distance of 607.27' to
a point in Tax Map Lot 1500 Block 2018, thence;
5. Within said lands, North 21Á-35'-11" West, a distance of 16.75' to
a point in the southerly right of way line of Roosevelt Avenue, thence;
6. Along the southerly line of same, North 68Á-25'-28" East, a
distance of 1025.26' to a point formed by the intersection of the
easterly right of way line of 126th Street and the southerly right of
way line of Roosevelt Avenue, thence;
7. Along the easterly right of way line of 126th Street, South
21Á-35'-11" East, a distance of 259.05' to a point in the easterly right
of way line of 126th Street, thence;
8. Along the northerly line of Tax Map Lot 1000 Block 2018, South
68Á-25'-28" West, a distance of 610.51' to a point in the northerly line
of Tax Map Lot 1000 Block 2018, thence;
9. Along the northerly line of same, South 68Á-30'-37" West, a
distance of 230.61' to a point in the northerly line of Tax Map Lot 1000
Block 2018, thence;
10. Within Tax Map Lot 1500 Block 2018, North 72Á-41'-52" West, a
distance of 207.77' to a point in Tax Map Lot 1500 Block 2018, thence;
11. Within Tax Map Lot 1500 Block 2018, South 68Á-23'-55" West, a
distance of 917.78' to a point in Tax Map Lot 1500 Block 2018, thence;
12. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax
Map Lot 20 Block 1787, North 59Á-56'-38" West, a distance of 793.76' to
the point and place of beginning and containing a calculated areas of
458,276.64 SF or 10.520 acres.
(D) Parcel D
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the easterly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, and from said point of beginning
running thence:
1. Along the southerly right of way line of Roosevelt Avenue, North
68Á-30'-18" East, a distance of 420.90' to a point in the southerly
right of way line of Roosevelt Avenue, thence;
2. Along the southerly right of way line of Roosevelt Avenue, North
62Á-00'-28" East, a distance of 263.59' to a point in the southerly
right of way line of Roosevelt Avenue, thence;
3. Within Tax Map Lot 300 Block 2018 South 21Á-35'-11" East, a
distance of 244.87' to a point in Lot 300 Block 2018, thence;
4. Through Tax Map Lot 300 Block 2018 and Tax Map Lot 75 Block 2018
South 68Á-30'-18" West, a distance of 682.85' to a point in the easterly
right of way line of 126th Street, thence;
5. Along the easterly right of way line of 126th Street, North
21Á-35'-11" West, a distance of 215.05' to a point in the easterly right
of way line of 126th Street to the point and place of beginning and
containing a calculated areas of 150,750.81 SF or 3.46 acres.
(E) Parcel E
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the westerly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, thence along the westerly right of way
line of 126th Street South 21Á-35'-11" East, a distance of 259.05' to a
point within the northerly line of Tax Map Lot 1000 Block 2018, thence
along the northerly line of Tax Map Lot 1000 Block 2018 South
68Á-25'-28" West, a distance of 610.51' to a point within the northerly
line of Lot 1000 Block 2018, and from said point of beginning running
thence:
1. Within Tax Map Lot 1000 Block 2018, South 05Á-44'-59" West, a
distance of 37.85' to a point in Tax Map Lot 1000 Block 2018, thence;
2. Within said lands the following two courses, South 21Á-02'-11"
East, a distance of 96.44' to a point in Tax Map Lot 1000 Block 2018,
thence;
3. South 47Á-44'-48" East, a distance of 127.09' to a point in Tax Map
Lot 1000 Block 2018, thence;
4. Through Tax Map Lot 1000 Block 2018 and Tax Map Lot 350R Block 2018
South 38Á-51'-17" East, a distance of 330.15' to a point in the
northerly line of Tax Map Lot 300R Block 2018, thence;
5. Along the northerly line of Tax Map Lot 300R Block 2018 South
65Á-11'-49" West, a distance of 182.95' to a point in the northerly line
of Tax Map Lot 300R Block 2018, thence;
6. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block 2018
North 38Á-51'-17" West, a distance of 556.87' to a point within Tax Map
Lot 1000 Block 2018, thence;
7. Within Tax Map Lot 1000 Block 2018 North 47Á-13'-34" West, a
distance of 42.46' to a point along the southerly line of Tax Map Lot
1500 Block 2018, thence;
8. Along the southerly line of Tax Map Lot 1500 Block 2018 North
68Á-30'-37" East, a distance of 230.61' to the point and place of
beginning and containing a calculated areas of 104,235.19 SF or 2.392
acres.
(ii) The following parcels shall be included within a corridor within
which acquisition of temporary property interests may be acquired for
purposes of this section three hundred forty-nine-g and paragraph d of
subdivision one of section fourteen-d of the transportation law:
(A) Parcel A
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point in the easterly right of way line of Ditmars
Boulevard at the southwest corner of Tax Map Lot 50 Block 1641, thence
along a line North 12Á-36'-04" East, a distance of 509.49' to a point
within the westerly line of Tax Map Lot 1 Block 926, and from said point
of beginning running thence:
1. Within the westbound lanes of the Grand Central Parkway South
07Á-53'-31" East, a distance of 141.88' to a point in the westbound
lanes of the Grand Central Parkway, thence;
2. Within the westbound lanes of the Grand Central Parkway South
39Á-25'-56" East, a distance of 342.06' to a point in the westbound
lanes of the Grand Central Parkway, thence;
3. Within said lands the following six courses; South 34Á-46'-30"
East, a distance of 595.14' to a point in the westbound lanes of the
Grand Central Parkway, thence;
4. South 32Á-52'-42" East, a distance of 284.13' to a point in the
westbound lanes of the Grand Central Parkway, thence;
5. South 31Á-22'-20" East, a distance of 270.04' to a point in the
westbound lanes of the Grand Central Parkway, thence;
6. South 31Á-20'-42" East, a distance of 561.27' to a point in the
westbound lanes of the Grand Central Parkway, thence;
7. South 31Á-24'-15" East, a distance of 480.06' to a point in the
westbound lanes of the Grand Central Parkway, thence;
8. South 34Á-13'-04" East, a distance of 110.24' to a point in the
westbound lanes of the Grand Central Parkway, thence;
9. Through the westbound lanes of the Grand Central Parkway South
47Á-22'-46" West, a distance of 82.07", to a point in the eastbound
lanes of the Grand Central Parkway, thence;
10. Within the eastbound lanes of the Grand Central Parkway on a curve
to the left, having a radius of 1778.30', an arc length of 834.73', a
central angle of 26Á-53'-40", and whose chord bears South 49Á-28'-25"
East, a distance of 827.08' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
11. Within the eastbound lanes of the Grand Central Parkway on a curve
to the right, having a radius of 4238.74", an arc length of 371.50', a
central angle of 05Á-01'-18", and whose chord bears South 60Á-46'-13"
East, a distance of 371.38' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
12. Through the westbound lanes of Grand Central Parkway and waters of
Flushing Bay North 18Á-38'-40" East, a distance of 1054.19' to a point
in the waters of Flushing Bay, thence;
13. Within the waters of Flushing Bay North 45Á-38'-00" West, a
distance of 2330.21' to a point in the waters of Flushing Bay said point
also being in the southerly line of Tax Map Lot 1 Block 926, thence;
14. Along the southerly line of Tax Map Lot 1 Block 926 North
62Á-16'-56" West, a distance of 69.81' to a point in the southerly line
of Tax Map Lot 1 Block 926, thence;
15. Along the southerly line of Tax Map Lot 1 Block 926 South
40Á-14'-47" West, a distance of 458.89' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
16. Along the westerly line of Tax Map Lot 1 Block 926 North
39Á-47'-03" West, a distance of 685.00' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
17. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to
the left, having a radius of 9711.30', an arc length of 342.94', a
central angle of 02Á-01'-24", and whose chord bears North 40Á-47'-45"
West, a distance of 342.93' to a point in the westerly line of Tax Map
Lot 1 Block 926, thence;
18. Along the westerly line of Tax Map Lot 1 Block 926 North
40Á-47'-45" West, a distance of 27.61' to a point in the westerly line
of Tax Map Lot 1 Block 926, also the point and place of beginning and
containing a calculated areas of 2,497,386.76 SF or 57.332 acres.
(B) Parcel B
All that certain tracts or parcels of land located in the Grand Central
Parkway, Borough of Queens, State of New York, bounded and described as
follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 24Á-39'-00" East, a distance
of 547.13' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Through the westbound lanes of the Grand Central Parkway South
77Á-38'-22" West, a distance of 287.24', to a point within the median of
the Grand Central Parkway, thence;
2. Within the median of the Grand Central Parkway the following two
courses; North 10Á35'14" West, a distance of 1045.10', to a point in the
median of the Grand Central Parkway, thence;
3. Within the Grand Central Parkway on a curve to the left, having a
radius of 1993.67', an arc length of 1428.31', a central angle of
41Á02'53", and whose chord bears North 33Á54'06" West, a distance of
1397.96', to a point in the eastbound lanes of the Grand Central
Parkway, said point also being the easterly line of lands owned by the
New York State Department of Transportation, thence;
4. Along the easterly line of lands owned by the New York State
Department of Transportation, North 18Á-38'-40" East, a distance of
1054.19' to a point within the waters of Flushing Bay, thence;
5. Within the waters of Flushing Bay South 45Á-38'-00" East, a
distance of 1109.08', to a point in the waters of Flushing Bay, said
point also being within Tax Map Lot 65 Block 1789, thence;
6. Within the waters of Flushing Bay South 05Á-02'-53" East, a
distance of 465.40', to a point within Tax Map Lot 65 Block 1789,
thence;
7. Within the Grand Central Parkway South 04Á-53'-30" West, a distance
of 1336.32', to a point in the median of the Grand Central Parkway,
thence;
8. Through the westbound lanes of the Grand Central Parkway, South
76Á-53'-58" East, a distance of 198.10', to a point in the westerly line
of Tax Map Lot 20 Block 1787, thence;
9. Along the westerly line of same, the following three courses; South
03Á-28'-07" West, a distance of 240.75', to a point in the westerly line
of Tax Map Lot 20 Block 1787, thence;
10. South 01Á-26'-38" East, a distance of 104.30', to a point in the
westerly line of Tax Map Lot 20 Block 1787, thence;
11. South 05Á-00'-28" East, a distance of 165.58', to the point and
place of beginning and containing a calculated areas of 1,699,154.25 SF
or 39.007 acres.
(C) Parcel C
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 24Á-39'-00" East, a distance
of 547.13' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Along the westerly line of same the following two course; North
05Á-00'-28" West, a distance of 165.58', to a point within the westerly
line of Tax Map Lot 20 Block 1787, thence;
2. North 01Á-26'-38" West, a distance of 104.30', to a point within
the westerly line of Tax Map Lot 20 Block 1787, thence;
3. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a
distance of 163.06', to a point in Lot 20 Block 1787, thence;
4. Within Tax Map Lot 20 Block 1787, North 68Á-47'-17" East, a
distance of 198.49', to a point in Lot 20 Block 1787, thence;
5. Within Tax Map Lot 20 Block 1787, South 22Á-21'-18" East, a
distance of 381.93', to a point in Lot 20 Block 1787, thence;
6. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a
distance of 48.54', to a point in Lot 20 Block 1787, thence;
7. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South
86Á-10'-42" East, a distance of 398.17', to a point in the northerly
line of Tax Map Lot 1500 Block 2018, said point also being in the
southerly right of way line of Roosevelt Avenue, thence;
8. Along the southerly right of way line of Roosevelt Avenue North
68Á-23'-55" East, a distance of 609.39', to a point in the southerly
right of way line of Roosevelt Avenue, thence;
9. Within Roosevelt Avenue, North 21Á-35'-11" West, a distance of
10.14', to a point within Roosevelt Avenue, thence;
10. Within Roosevelt Avenue North 68Á-25'-28" East, a distance of
1035.26', to a point within Roosevelt Avenue, thence;
11. Within Roosevelt Avenue and along the easterly right of way line
of 126th Street, South 21Á-35'-11" East, a distance of 289.03', to a
point within Tax Map Lot 1000 Block 2018, thence;
12. Within Tax Map Lot 1000 Block 2018, South 68Á-25'-28" West, a
distance of 620.84', to a point in Tax Map Lot 1000 Block 2018, thence;
13. Within Tax Map Lot 1000 Block 2018 North 05Á-44'-59" East, a
distance of 22.49', to a point in the southerly line of Tax Map Lot 1500
Block 2018, thence;
14. Along the southerly line of same, South 68Á-30'-37" West, a
distance of 241.71', to a point in the southerly line of Tax Map Lot
1500 Block 2018, thence;
15. Within Tax Map Lot 1500 Block 2018, North 72Á-41'-52" West, a
distance of 175.88', to a point in Tax Map Lot 1500 Block 2018, thence;
16. Within Tax Map Lot 1500 Block 2018, South 68Á-23'-55" West, a
distance of 949.27', to a point in Tax Map Lot 1500 Block 2018, thence;
17. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax
Map Lot 20 Block 1787, North 59Á-56'-38" West, a distance of 779.92', to
the point and place of beginning and containing a calculated areas of
607,660.66 SF or 13.949 acres.
(D) Parcel D
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the easterly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, thence along a line North 21Á-35'-11"
West, a distance of 10.00' to a point within Roosevelt Avenue and from
said point of beginning running thence:
1. Within the right of way of Roosevelt Avenue, North 68Á-30'-18"
East, a distance of 420.35' to a point in the right of way of Roosevelt
Avenue, thence;
2. Within the right of way of Roosevelt Avenue, North 62Á-00'-28"
East, a distance of 264.15' to a point in the right of way of Roosevelt
Avenue, thence;
3. Through Roosevelt Avenue and Tax Map Lot 300 Block 2018 South
21Á-35'-11" East, a distance of 254.94' to a point in Lot 300 Block
2018, thence;
4. Through Tax Map Lot 300 Block 2018 South 58Á-00'-57" West, a
distance of 386.69', to a point in the southeasterly line of Tax Map Lot
75 Block 2018, thence;
5. Within Tax Map Lot 75 Block 2018 South 77Á-57'-39" West, a distance
of 162.28' to a point in Tax Map Lot 75 Block 2018, thence;
6. Within Tax Map Lot 75 Block 2018 South 68Á-23'-55" West, a distance
of 142.47' to a point in Tax Map Lot 75 Block 2018, said point also
being along the easterly line of 126th Street, thence;
7. Along the easterly right of way line of 126th Street, North
21Á-35'-11" West, a distance of 269.04' to the point and place of
beginning and containing a calculated areas of 186,365.46 SF or 4.278
acres.
(E) Parcel E
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the westerly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, thence along the westerly right of way
line of 126th Street South 21Á-35'-11" East, a distance of 259.05' to a
point within the northerly line of Tax Map Lot 1000 Block 2018, thence
along the northerly line of Tax Map Lot 1000 Block 2018 South
68Á-25'-28" West, a distance of 610.51' to a point within the northerly
line of Lot 1000 Block 2018, and from said point of beginning running
thence:
1. Within Tax Map Lot 1000 Block 2018, South 05Á-44'-59" West, a
distance of 37.84', to a point in Tax Map Lot 1000 Block 2018, thence;
2. Within said lands the following three courses, South 21Á-02'-11"
East, a distance of 96.44', to a point in Tax Map Lot 1000 Block 2018,
thence;
3. South 47Á-44'-48" East, a distance of 71.01', to a point in Tax Map
Lot 1000 Block 2018, thence;
4. North 68Á-23'-55" East, a distance of 489.48', to a point in the
northerly line of Tax Map Lot 350R Block 2018, thence
5. Within Tax Map Lot 350R Block 2018 the following two courses, South
43Á-22'-54" East, a distance of 39.27', to a point in Lot 350R Block
2018, thence;
6. South 42Á-24'-34" West, a distance of 391.74', to a point in the
northerly line of Lot 350R Block 2018, thence;
7. Through Tax Map Lot 350R Block 2018, South 46Á-00'-42" East, a
distance of 166.93', to a point in the southerly line of Lot 350R Block
2018, said point also being in the northerly line of Lot 300R Block
2018, thence;
8. Along the northerly line of Tax Map Lot 300R Block 2018 South
65Á-11'-49" West, a distance of 556.87', to a point in the northerly
line of Tax Map Lot 300R Block 2018, thence;
9. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block
2018, North 24Á-48'-11" West, a distance of 164.72', to a point within
Tax Map Lot 1000 Block 2018, thence;
10. Within Tax Map Lot 1000 Block 2018 the following three courses;
North 51Á-08'-46" East, a distance of 217.28', to a point within Tax Map
Lot 1000 Block 2018, thence;
11. North 38Á-51'-17" West, a distance of 329.46', to a point within
Tax Map Lot 1000 Block 2018, thence;
12. North 47Á-13'-34" West, a distance of 46.55' to a point along the
southerly line of Tax Map Lot 1500 Block 2018, thence;
13. Along the southerly line of Tax Map Lot 1500 Block 2018 North
68Á-30'-37" East, a distance of 241.71' to the point and place of
beginning and containing a calculated areas of 236,272.08 SF or 5.424
acres.
(F) Any property interests necessary for an adjustment of the piers
supporting the pedestrian bridges crossing the Grand Central Parkway to
maintain accessibility, and any vehicle entry and exit points to the
Grand Central Parkway located along either side of the above described
corridor.
(c) Notwithstanding any other provision of law, general, special,
charter or local, following acquisition, the commissioner of
transportation may use such property interests together with property
interests already owned or held within the corridor described in
subdivision (b) of this section or enter into contracts to sell, or
lease to, contract with or otherwise transfer to, and/or exchange with,
and/or grant easements, licenses, permits, concessions, or other
authorizations to, the Port Authority of New York and New Jersey, to
construct (including utilizing temporary laydown areas), and permanently
use, occupy, operate, and maintain the airport access mass transit
facility, related ancillary facilities for airport access mass transit
maintenance, parking for persons using the airport access mass transit
facility and additional limited purposes directly related to operation
of an airport access mass transit project; provided however, this
section does not authorize use of property interests for a self-standing
facility constructed to house premises for automobile rental operations;
and provided further that, the Port Authority of New York and New Jersey
may, notwithstanding any other provision of law, general, special,
charter or local, transfer any property interests to the city of New
York, in accordance with the terms and conditions for the lease of
airport premises by the city of New York to the Port Authority of New
York and New Jersey and the city of New York may, following such
transfer, leaseback the property interests under those terms and
conditions.
(d) Upon completion of any modifications to the Grand Central Parkway,
the commissioner of transportation shall by official order transfer
jurisdiction over the central express artery and adjacent landscape
areas and over adjacent service roads to the city of New York as set
forth in subdivision 3.4 of section three hundred forty-nine-c of this
article.
(e) Authorization is hereby given to the commissioner of
transportation to do all things necessary, within the judgment of the
commissioner, to carry out the purposes of this section.
(f) During the construction of any airport access mass transit
facility for LaGuardia airport and related ancillary facilities on any
property interests acquired pursuant to this section, section fourteen-d
of the transportation law, or pursuant to any other section of law, the
constructing party shall provide for the on-going monitoring of
vibrations, noise and air quality during construction.
(g) The constructing party shall ensure the provision of just
compensation to a property owner of any property or building within the
vicinity of the construction of any airport access mass transit facility
for LaGuardia airport and related ancillary facilities that has been
physically damaged as a result of action taken by the constructing party
or its agent during such construction, however, nothing herein shall
establish a cause of action for such damages.
* NB Repealed June 25, 2028 only if no property interests have been
acquired pursuant to chapter 78 of 2018
Notwithstanding any other provision of law, general, special, charter or
local, and consistent with section fourteen-d of the transportation law,
if a property acquisition pursuant to this section occurs by eminent
domain, the commissioner of transportation shall have the authority to
acquire any property, property rights, or property interests, including
easements, air rights and subsurface rights whether or not now or
previously designated as parkland or otherwise dedicated to a public use
as parkland (hereinafter referred to as "property interests"), but only
to the extent that such property interests are, in the judgment of the
commissioner, necessary for the construction, use, occupancy, operation,
and maintenance of an airport access mass transit facility via an
elevated guideway for LaGuardia airport and related ancillary facilities
for airport access mass transit maintenance, parking for persons using
the airport access mass transit facility and additional limited purposes
directly related to operation of an airport access mass transit project
and additional limited purposes directly related to the operation of an
airport access mass transit project, temporary laydown and construction
areas and air rights and subsurface rights related to an elevated
guideway, including appropriate entry and exit points for users of the
airport access mass transit facility and any property interests
necessary for an adjustment of the piers supporting the pedestrian
bridges crossing the Grand Central Parkway to maintain accessibility,
and any vehicle entry and exit points to the Grand Central Parkway
located along either side of the corridor, running along a route from
LaGuardia airport on or near the Grand Central Parkway, thence along the
edge of the Citi Field parking lot previously alienated for stadium use,
next alongside the existing elevated track for the No. 7 subway and
terminating at subway rail yards and other transportation staging and
storage areas within a corridor more specifically defined pursuant to
subdivision (b) of this section; and to utilize or sell, lease,
contract, or otherwise transfer the acquired property interests together
with property interests the commissioner otherwise holds and/or grant
easements, licenses, permits, concessions or other authorizations, to
the Port Authority of New York and New Jersey, to facilitate the
construction (including temporary laydown), and permanent use,
occupancy, operation, and maintenance of the airport access mass transit
facility and related ancillary facilities for airport access transit
maintenance, parking for persons using the airport access transit
facility and additional limited purposes directly related to operation
of an airport access mass transit project, and additional limited
purposes directly related to operation of an airport access mass transit
project including appropriate entry and exit points for users of the
mass transit facility and any property interests necessary for an
adjustment of the piers supporting the pedestrian bridges crossing the
Grand Central Parkway to maintain accessibility, and any vehicle entry
and exit points to the Grand Central Parkway located along either side
of the corridor, and temporary use for laydown and construction
purposes; provided however, this section does not authorize acquisition
of property interests for a self-standing facility constructed to house
premises for automobile rental operations.
(b) The corridor defined in subdivision (a) of this section, where the
acquisition of such property, property rights, or property interests
referred to in this section may occur, is more particularly described as
follows:
(i) The following parcels shall be included within a corridor within
which acquisition of permanent property interests may be acquired for
purposes of this section and paragraph d of subdivision one of section
fourteen-d of the transportation law:
(A) Parcel A
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Tract 1 - Grand Central Parkway
Beginning at a point in the easterly right of way line of Ditmars
Boulevard at the southwest corner of Tax Map Lot 50 Block 1641, thence
along a line North 15Á-10'-31" East, a distance of 493.53' to a point
within the westerly line of Tax Map Lot 1 Block 926, and from said point
of beginning running thence:
1. Within the westbound lanes of the Grand Central Parkway South
07Á-53'-31" East, a distance of 114.46' to a point within the westbound
lanes of the Grand Central Parkway
2. Within the westbound lanes of the Grand Central Parkway South
39Á-25'-56" East, a distance of 338.44' to a point in the westbound
lanes of the Grand Central Parkway, thence;
3. Within said lands the following six courses; South 34Á-46'-30"
East, a distance of 596.00' to a point in the westbound lanes of the
Grand Central Parkway, thence;
4. South 32Á-52'-42" East, a distance of 284.58' to a point in the
westbound lanes of the Grand Central Parkway, thence;
5. South 31Á-22'-20" East, a distance of 270.24' to a point in the
westbound lanes of the Grand Central Parkway, thence;
6. South 31Á-20'-42" East, a distance of 561.27' to a point in the
westbound lanes of the Grand Central Parkway, thence;
7. South 31Á-24'-15" East, a distance of 479.68' to a point in the
westbound lanes of the Grand Central Parkway, thence;
8. South 34Á-12'-57" East, a distance of 122.82' to a point in the
westbound lanes of the Grand Central Parkway, thence;
9. Within said lands and through the westbound lanes of the Grand
Central Parkway South 47Á-22'-46" West, a distance of 81.54' to a point
in the eastbound lanes of the Grand Central Parkway, thence;
10. Within the eastbound lanes of the Grand Central Parkway on a curve
to the left, having a radius of 1795.88', an arc length of 814.04', a
central angle of 25Á-58'-16", and whose chord bears South 49Á-41'-11"
East, a distance of 807.08' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
11. Within the eastbound lanes of the Grand Central Parkway on a curve
to the right, having a radius of 4175.45', an arc length of 369.28', a
central angle of 05Á-04'-02", and whose chord bears South 60Á-46'-11"
East, a distance of 369.16' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
12. Through the westbound lanes of Grand Central Parkway and waters of
Flushing Bay North 18Á-38'-40" East, a distance of 1016.75' to a point
in the waters of Flushing Bay, thence;
13. Within the waters of Flushing Bay North 45Á-38'-00" West, a
distance of 2406.73' to a point in the waters of Flushing Bay said point
also being in the southerly line of Tax Map Lot 1 Block 926, thence;
14. Along the southerly line of Tax Map Lot 1 Block 926 South
40Á-14'-47" West, a distance of 458.89' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
15. Along the westerly line of Tax Map Lot 1 Block 926 North
39Á-47'-03" West, a distance of 685.00' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
16. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to
the left, having a radius of 9711.30', an arc length of 342.94', a
central angle of 02Á-01'-24", and whose chord bears North 40Á-47'-45"
West, a distance of 342.93' to a point in the westerly line of Tax Map
Lot 1 Block 926 also the point and place of beginning and containing a
calculated areas of 2,388,737.04 SF or 54.837 acres.
(B) Parcel B
All that certain tracts or parcels of land located in the Grand Central
Parkway, Borough of Queens, State of New York, bounded and described as
follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 23Á-03'-48" East, a distance
of 575.33' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Through the westbound lanes of the Grand Central Parkway on a curve
to the right, having a radius of 1200', an arc length of 472.65', a
central angle of 22Á-34'-02", and whose chord bears North 46Á-30'-24"
West, a distance of 469.60' to a point in the median of the Grand
Central Parkway, thence;
2. Within said lands the following three courses, North 07Á-32'-34"
West, a distance of 806.64' to a point in the median of the Grand
Central Parkway, thence;
3. On a curve to the left, having a radius of 956.60', an arc length
of 1069.45', a central angle of 64Á-03'-18", and whose chord bears North
33Á-04'-05" West, a distance of 1014.62' to a point in the median of the
Grand Central Parkway, thence;
4. North 61Á-01'-46" West, a distance of 279.45' to a point in the
median of the Grand Central Parkway, said point also being the easterly
line of lands owned by the New York State Department of Transportation,
thence;
5. Along the easterly line of same, North 18Á-38'-40" East, a distance
of 1016.75' to a point in the waters of Flushing Bay, thence;
6. Within the waters of Flushing Bay South 45Á-38'-00" East, a
distance of 1092.05' to a point in the waters of Flushing Bay, said
point also being the westerly line of Tax Map Lot 65 Block 1789, thence;
7. Along the westerly line of same South 05Á-02'-52" East, a distance
of 456.35' to a point in the westerly line of Tax Map Lot 65 Block 1789,
thence;
8. Within the Grand Central Parkway South 04Á-53'-32" West, a distance
of 1348.61' to a point in the median of the Grand Central Parkway,
thence;
9. Through the westbound lanes of the Grand Central Parkway South
28Á-11'-29" East, a distance of 427.88' to a point within the westerly
line of Tax Map Lot 20 Block 1787, thence;
10. Along the westerly line of same, South 05Á-00'-28" East, a
distance of 133.39 to the point and place of beginning and containing a
calculated areas of 1,375,044.58 SF or 31.566 acres.
(C) Parcel C
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 23Á-03'-48" East, a distance
of 575.33' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Along the westerly line of same, North 05Á-00'-28" West, a distance
of 133.39 to a point within the westerly line of Tax Map Lot 20 Block
1787, thence;
2. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a
distance of 584.20' to a point in Lot 20 Block 1787, thence;
3. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South
86Á-10'-42" East, a distance of 420.78' to a point in Tax Map Lot 1500
Block 2018, thence;
4. Within said lands, North 68Á-23'-55" East, a distance of 607.27' to
a point in Tax Map Lot 1500 Block 2018, thence;
5. Within said lands, North 21Á-35'-11" West, a distance of 16.75' to
a point in the southerly right of way line of Roosevelt Avenue, thence;
6. Along the southerly line of same, North 68Á-25'-28" East, a
distance of 1025.26' to a point formed by the intersection of the
easterly right of way line of 126th Street and the southerly right of
way line of Roosevelt Avenue, thence;
7. Along the easterly right of way line of 126th Street, South
21Á-35'-11" East, a distance of 259.05' to a point in the easterly right
of way line of 126th Street, thence;
8. Along the northerly line of Tax Map Lot 1000 Block 2018, South
68Á-25'-28" West, a distance of 610.51' to a point in the northerly line
of Tax Map Lot 1000 Block 2018, thence;
9. Along the northerly line of same, South 68Á-30'-37" West, a
distance of 230.61' to a point in the northerly line of Tax Map Lot 1000
Block 2018, thence;
10. Within Tax Map Lot 1500 Block 2018, North 72Á-41'-52" West, a
distance of 207.77' to a point in Tax Map Lot 1500 Block 2018, thence;
11. Within Tax Map Lot 1500 Block 2018, South 68Á-23'-55" West, a
distance of 917.78' to a point in Tax Map Lot 1500 Block 2018, thence;
12. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax
Map Lot 20 Block 1787, North 59Á-56'-38" West, a distance of 793.76' to
the point and place of beginning and containing a calculated areas of
458,276.64 SF or 10.520 acres.
(D) Parcel D
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the easterly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, and from said point of beginning
running thence:
1. Along the southerly right of way line of Roosevelt Avenue, North
68Á-30'-18" East, a distance of 420.90' to a point in the southerly
right of way line of Roosevelt Avenue, thence;
2. Along the southerly right of way line of Roosevelt Avenue, North
62Á-00'-28" East, a distance of 263.59' to a point in the southerly
right of way line of Roosevelt Avenue, thence;
3. Within Tax Map Lot 300 Block 2018 South 21Á-35'-11" East, a
distance of 244.87' to a point in Lot 300 Block 2018, thence;
4. Through Tax Map Lot 300 Block 2018 and Tax Map Lot 75 Block 2018
South 68Á-30'-18" West, a distance of 682.85' to a point in the easterly
right of way line of 126th Street, thence;
5. Along the easterly right of way line of 126th Street, North
21Á-35'-11" West, a distance of 215.05' to a point in the easterly right
of way line of 126th Street to the point and place of beginning and
containing a calculated areas of 150,750.81 SF or 3.46 acres.
(E) Parcel E
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the westerly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, thence along the westerly right of way
line of 126th Street South 21Á-35'-11" East, a distance of 259.05' to a
point within the northerly line of Tax Map Lot 1000 Block 2018, thence
along the northerly line of Tax Map Lot 1000 Block 2018 South
68Á-25'-28" West, a distance of 610.51' to a point within the northerly
line of Lot 1000 Block 2018, and from said point of beginning running
thence:
1. Within Tax Map Lot 1000 Block 2018, South 05Á-44'-59" West, a
distance of 37.85' to a point in Tax Map Lot 1000 Block 2018, thence;
2. Within said lands the following two courses, South 21Á-02'-11"
East, a distance of 96.44' to a point in Tax Map Lot 1000 Block 2018,
thence;
3. South 47Á-44'-48" East, a distance of 127.09' to a point in Tax Map
Lot 1000 Block 2018, thence;
4. Through Tax Map Lot 1000 Block 2018 and Tax Map Lot 350R Block 2018
South 38Á-51'-17" East, a distance of 330.15' to a point in the
northerly line of Tax Map Lot 300R Block 2018, thence;
5. Along the northerly line of Tax Map Lot 300R Block 2018 South
65Á-11'-49" West, a distance of 182.95' to a point in the northerly line
of Tax Map Lot 300R Block 2018, thence;
6. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block 2018
North 38Á-51'-17" West, a distance of 556.87' to a point within Tax Map
Lot 1000 Block 2018, thence;
7. Within Tax Map Lot 1000 Block 2018 North 47Á-13'-34" West, a
distance of 42.46' to a point along the southerly line of Tax Map Lot
1500 Block 2018, thence;
8. Along the southerly line of Tax Map Lot 1500 Block 2018 North
68Á-30'-37" East, a distance of 230.61' to the point and place of
beginning and containing a calculated areas of 104,235.19 SF or 2.392
acres.
(ii) The following parcels shall be included within a corridor within
which acquisition of temporary property interests may be acquired for
purposes of this section three hundred forty-nine-g and paragraph d of
subdivision one of section fourteen-d of the transportation law:
(A) Parcel A
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point in the easterly right of way line of Ditmars
Boulevard at the southwest corner of Tax Map Lot 50 Block 1641, thence
along a line North 12Á-36'-04" East, a distance of 509.49' to a point
within the westerly line of Tax Map Lot 1 Block 926, and from said point
of beginning running thence:
1. Within the westbound lanes of the Grand Central Parkway South
07Á-53'-31" East, a distance of 141.88' to a point in the westbound
lanes of the Grand Central Parkway, thence;
2. Within the westbound lanes of the Grand Central Parkway South
39Á-25'-56" East, a distance of 342.06' to a point in the westbound
lanes of the Grand Central Parkway, thence;
3. Within said lands the following six courses; South 34Á-46'-30"
East, a distance of 595.14' to a point in the westbound lanes of the
Grand Central Parkway, thence;
4. South 32Á-52'-42" East, a distance of 284.13' to a point in the
westbound lanes of the Grand Central Parkway, thence;
5. South 31Á-22'-20" East, a distance of 270.04' to a point in the
westbound lanes of the Grand Central Parkway, thence;
6. South 31Á-20'-42" East, a distance of 561.27' to a point in the
westbound lanes of the Grand Central Parkway, thence;
7. South 31Á-24'-15" East, a distance of 480.06' to a point in the
westbound lanes of the Grand Central Parkway, thence;
8. South 34Á-13'-04" East, a distance of 110.24' to a point in the
westbound lanes of the Grand Central Parkway, thence;
9. Through the westbound lanes of the Grand Central Parkway South
47Á-22'-46" West, a distance of 82.07", to a point in the eastbound
lanes of the Grand Central Parkway, thence;
10. Within the eastbound lanes of the Grand Central Parkway on a curve
to the left, having a radius of 1778.30', an arc length of 834.73', a
central angle of 26Á-53'-40", and whose chord bears South 49Á-28'-25"
East, a distance of 827.08' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
11. Within the eastbound lanes of the Grand Central Parkway on a curve
to the right, having a radius of 4238.74", an arc length of 371.50', a
central angle of 05Á-01'-18", and whose chord bears South 60Á-46'-13"
East, a distance of 371.38' to a point in the eastbound lanes of the
Grand Central Parkway, thence;
12. Through the westbound lanes of Grand Central Parkway and waters of
Flushing Bay North 18Á-38'-40" East, a distance of 1054.19' to a point
in the waters of Flushing Bay, thence;
13. Within the waters of Flushing Bay North 45Á-38'-00" West, a
distance of 2330.21' to a point in the waters of Flushing Bay said point
also being in the southerly line of Tax Map Lot 1 Block 926, thence;
14. Along the southerly line of Tax Map Lot 1 Block 926 North
62Á-16'-56" West, a distance of 69.81' to a point in the southerly line
of Tax Map Lot 1 Block 926, thence;
15. Along the southerly line of Tax Map Lot 1 Block 926 South
40Á-14'-47" West, a distance of 458.89' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
16. Along the westerly line of Tax Map Lot 1 Block 926 North
39Á-47'-03" West, a distance of 685.00' to a point in the westerly line
of Tax Map Lot 1 Block 926, thence;
17. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to
the left, having a radius of 9711.30', an arc length of 342.94', a
central angle of 02Á-01'-24", and whose chord bears North 40Á-47'-45"
West, a distance of 342.93' to a point in the westerly line of Tax Map
Lot 1 Block 926, thence;
18. Along the westerly line of Tax Map Lot 1 Block 926 North
40Á-47'-45" West, a distance of 27.61' to a point in the westerly line
of Tax Map Lot 1 Block 926, also the point and place of beginning and
containing a calculated areas of 2,497,386.76 SF or 57.332 acres.
(B) Parcel B
All that certain tracts or parcels of land located in the Grand Central
Parkway, Borough of Queens, State of New York, bounded and described as
follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 24Á-39'-00" East, a distance
of 547.13' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Through the westbound lanes of the Grand Central Parkway South
77Á-38'-22" West, a distance of 287.24', to a point within the median of
the Grand Central Parkway, thence;
2. Within the median of the Grand Central Parkway the following two
courses; North 10Á35'14" West, a distance of 1045.10', to a point in the
median of the Grand Central Parkway, thence;
3. Within the Grand Central Parkway on a curve to the left, having a
radius of 1993.67', an arc length of 1428.31', a central angle of
41Á02'53", and whose chord bears North 33Á54'06" West, a distance of
1397.96', to a point in the eastbound lanes of the Grand Central
Parkway, said point also being the easterly line of lands owned by the
New York State Department of Transportation, thence;
4. Along the easterly line of lands owned by the New York State
Department of Transportation, North 18Á-38'-40" East, a distance of
1054.19' to a point within the waters of Flushing Bay, thence;
5. Within the waters of Flushing Bay South 45Á-38'-00" East, a
distance of 1109.08', to a point in the waters of Flushing Bay, said
point also being within Tax Map Lot 65 Block 1789, thence;
6. Within the waters of Flushing Bay South 05Á-02'-53" East, a
distance of 465.40', to a point within Tax Map Lot 65 Block 1789,
thence;
7. Within the Grand Central Parkway South 04Á-53'-30" West, a distance
of 1336.32', to a point in the median of the Grand Central Parkway,
thence;
8. Through the westbound lanes of the Grand Central Parkway, South
76Á-53'-58" East, a distance of 198.10', to a point in the westerly line
of Tax Map Lot 20 Block 1787, thence;
9. Along the westerly line of same, the following three courses; South
03Á-28'-07" West, a distance of 240.75', to a point in the westerly line
of Tax Map Lot 20 Block 1787, thence;
10. South 01Á-26'-38" East, a distance of 104.30', to a point in the
westerly line of Tax Map Lot 20 Block 1787, thence;
11. South 05Á-00'-28" East, a distance of 165.58', to the point and
place of beginning and containing a calculated areas of 1,699,154.25 SF
or 39.007 acres.
(C) Parcel C
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the easterly right of
way line of 114th Street and the northerly right of way line of
Roosevelt Avenue, thence along a line North 24Á-39'-00" East, a distance
of 547.13' to a point within the westerly line of Tax Map Lot 20 Block
1787, and from said point of beginning running thence:
1. Along the westerly line of same the following two course; North
05Á-00'-28" West, a distance of 165.58', to a point within the westerly
line of Tax Map Lot 20 Block 1787, thence;
2. North 01Á-26'-38" West, a distance of 104.30', to a point within
the westerly line of Tax Map Lot 20 Block 1787, thence;
3. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a
distance of 163.06', to a point in Lot 20 Block 1787, thence;
4. Within Tax Map Lot 20 Block 1787, North 68Á-47'-17" East, a
distance of 198.49', to a point in Lot 20 Block 1787, thence;
5. Within Tax Map Lot 20 Block 1787, South 22Á-21'-18" East, a
distance of 381.93', to a point in Lot 20 Block 1787, thence;
6. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a
distance of 48.54', to a point in Lot 20 Block 1787, thence;
7. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South
86Á-10'-42" East, a distance of 398.17', to a point in the northerly
line of Tax Map Lot 1500 Block 2018, said point also being in the
southerly right of way line of Roosevelt Avenue, thence;
8. Along the southerly right of way line of Roosevelt Avenue North
68Á-23'-55" East, a distance of 609.39', to a point in the southerly
right of way line of Roosevelt Avenue, thence;
9. Within Roosevelt Avenue, North 21Á-35'-11" West, a distance of
10.14', to a point within Roosevelt Avenue, thence;
10. Within Roosevelt Avenue North 68Á-25'-28" East, a distance of
1035.26', to a point within Roosevelt Avenue, thence;
11. Within Roosevelt Avenue and along the easterly right of way line
of 126th Street, South 21Á-35'-11" East, a distance of 289.03', to a
point within Tax Map Lot 1000 Block 2018, thence;
12. Within Tax Map Lot 1000 Block 2018, South 68Á-25'-28" West, a
distance of 620.84', to a point in Tax Map Lot 1000 Block 2018, thence;
13. Within Tax Map Lot 1000 Block 2018 North 05Á-44'-59" East, a
distance of 22.49', to a point in the southerly line of Tax Map Lot 1500
Block 2018, thence;
14. Along the southerly line of same, South 68Á-30'-37" West, a
distance of 241.71', to a point in the southerly line of Tax Map Lot
1500 Block 2018, thence;
15. Within Tax Map Lot 1500 Block 2018, North 72Á-41'-52" West, a
distance of 175.88', to a point in Tax Map Lot 1500 Block 2018, thence;
16. Within Tax Map Lot 1500 Block 2018, South 68Á-23'-55" West, a
distance of 949.27', to a point in Tax Map Lot 1500 Block 2018, thence;
17. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax
Map Lot 20 Block 1787, North 59Á-56'-38" West, a distance of 779.92', to
the point and place of beginning and containing a calculated areas of
607,660.66 SF or 13.949 acres.
(D) Parcel D
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the easterly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, thence along a line North 21Á-35'-11"
West, a distance of 10.00' to a point within Roosevelt Avenue and from
said point of beginning running thence:
1. Within the right of way of Roosevelt Avenue, North 68Á-30'-18"
East, a distance of 420.35' to a point in the right of way of Roosevelt
Avenue, thence;
2. Within the right of way of Roosevelt Avenue, North 62Á-00'-28"
East, a distance of 264.15' to a point in the right of way of Roosevelt
Avenue, thence;
3. Through Roosevelt Avenue and Tax Map Lot 300 Block 2018 South
21Á-35'-11" East, a distance of 254.94' to a point in Lot 300 Block
2018, thence;
4. Through Tax Map Lot 300 Block 2018 South 58Á-00'-57" West, a
distance of 386.69', to a point in the southeasterly line of Tax Map Lot
75 Block 2018, thence;
5. Within Tax Map Lot 75 Block 2018 South 77Á-57'-39" West, a distance
of 162.28' to a point in Tax Map Lot 75 Block 2018, thence;
6. Within Tax Map Lot 75 Block 2018 South 68Á-23'-55" West, a distance
of 142.47' to a point in Tax Map Lot 75 Block 2018, said point also
being along the easterly line of 126th Street, thence;
7. Along the easterly right of way line of 126th Street, North
21Á-35'-11" West, a distance of 269.04' to the point and place of
beginning and containing a calculated areas of 186,365.46 SF or 4.278
acres.
(E) Parcel E
All that certain tracts or parcels of land located in the Borough of
Queens, State of New York, bounded and described as follows:
Beginning at a point at the intersection formed by the intersection of
the westerly right of way line of 126th Street and the southerly right
of way line of Roosevelt Avenue, thence along the westerly right of way
line of 126th Street South 21Á-35'-11" East, a distance of 259.05' to a
point within the northerly line of Tax Map Lot 1000 Block 2018, thence
along the northerly line of Tax Map Lot 1000 Block 2018 South
68Á-25'-28" West, a distance of 610.51' to a point within the northerly
line of Lot 1000 Block 2018, and from said point of beginning running
thence:
1. Within Tax Map Lot 1000 Block 2018, South 05Á-44'-59" West, a
distance of 37.84', to a point in Tax Map Lot 1000 Block 2018, thence;
2. Within said lands the following three courses, South 21Á-02'-11"
East, a distance of 96.44', to a point in Tax Map Lot 1000 Block 2018,
thence;
3. South 47Á-44'-48" East, a distance of 71.01', to a point in Tax Map
Lot 1000 Block 2018, thence;
4. North 68Á-23'-55" East, a distance of 489.48', to a point in the
northerly line of Tax Map Lot 350R Block 2018, thence
5. Within Tax Map Lot 350R Block 2018 the following two courses, South
43Á-22'-54" East, a distance of 39.27', to a point in Lot 350R Block
2018, thence;
6. South 42Á-24'-34" West, a distance of 391.74', to a point in the
northerly line of Lot 350R Block 2018, thence;
7. Through Tax Map Lot 350R Block 2018, South 46Á-00'-42" East, a
distance of 166.93', to a point in the southerly line of Lot 350R Block
2018, said point also being in the northerly line of Lot 300R Block
2018, thence;
8. Along the northerly line of Tax Map Lot 300R Block 2018 South
65Á-11'-49" West, a distance of 556.87', to a point in the northerly
line of Tax Map Lot 300R Block 2018, thence;
9. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block
2018, North 24Á-48'-11" West, a distance of 164.72', to a point within
Tax Map Lot 1000 Block 2018, thence;
10. Within Tax Map Lot 1000 Block 2018 the following three courses;
North 51Á-08'-46" East, a distance of 217.28', to a point within Tax Map
Lot 1000 Block 2018, thence;
11. North 38Á-51'-17" West, a distance of 329.46', to a point within
Tax Map Lot 1000 Block 2018, thence;
12. North 47Á-13'-34" West, a distance of 46.55' to a point along the
southerly line of Tax Map Lot 1500 Block 2018, thence;
13. Along the southerly line of Tax Map Lot 1500 Block 2018 North
68Á-30'-37" East, a distance of 241.71' to the point and place of
beginning and containing a calculated areas of 236,272.08 SF or 5.424
acres.
(F) Any property interests necessary for an adjustment of the piers
supporting the pedestrian bridges crossing the Grand Central Parkway to
maintain accessibility, and any vehicle entry and exit points to the
Grand Central Parkway located along either side of the above described
corridor.
(c) Notwithstanding any other provision of law, general, special,
charter or local, following acquisition, the commissioner of
transportation may use such property interests together with property
interests already owned or held within the corridor described in
subdivision (b) of this section or enter into contracts to sell, or
lease to, contract with or otherwise transfer to, and/or exchange with,
and/or grant easements, licenses, permits, concessions, or other
authorizations to, the Port Authority of New York and New Jersey, to
construct (including utilizing temporary laydown areas), and permanently
use, occupy, operate, and maintain the airport access mass transit
facility, related ancillary facilities for airport access mass transit
maintenance, parking for persons using the airport access mass transit
facility and additional limited purposes directly related to operation
of an airport access mass transit project; provided however, this
section does not authorize use of property interests for a self-standing
facility constructed to house premises for automobile rental operations;
and provided further that, the Port Authority of New York and New Jersey
may, notwithstanding any other provision of law, general, special,
charter or local, transfer any property interests to the city of New
York, in accordance with the terms and conditions for the lease of
airport premises by the city of New York to the Port Authority of New
York and New Jersey and the city of New York may, following such
transfer, leaseback the property interests under those terms and
conditions.
(d) Upon completion of any modifications to the Grand Central Parkway,
the commissioner of transportation shall by official order transfer
jurisdiction over the central express artery and adjacent landscape
areas and over adjacent service roads to the city of New York as set
forth in subdivision 3.4 of section three hundred forty-nine-c of this
article.
(e) Authorization is hereby given to the commissioner of
transportation to do all things necessary, within the judgment of the
commissioner, to carry out the purposes of this section.
(f) During the construction of any airport access mass transit
facility for LaGuardia airport and related ancillary facilities on any
property interests acquired pursuant to this section, section fourteen-d
of the transportation law, or pursuant to any other section of law, the
constructing party shall provide for the on-going monitoring of
vibrations, noise and air quality during construction.
(g) The constructing party shall ensure the provision of just
compensation to a property owner of any property or building within the
vicinity of the construction of any airport access mass transit facility
for LaGuardia airport and related ancillary facilities that has been
physically damaged as a result of action taken by the constructing party
or its agent during such construction, however, nothing herein shall
establish a cause of action for such damages.
* NB Repealed June 25, 2028 only if no property interests have been
acquired pursuant to chapter 78 of 2018