NY State Senate Bill 2017-S8510A

Archive: Last Bill Status - In Senate Committee Cities Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	print number 8510a
Jun 18, 2018	amend (t) and recommit to cities
May 09, 2018	referred to cities

Bill Amendments

Original

A (Active)

2017-S8510 - Details

See Assembly Version of this Bill:: A11222
Current Committee:: Senate Cities
Law Section:: New York City
Versions Introduced in 2019-2020 Legislative Session:: S306

2017-S8510 - Summary

Authorizes the city of New York to discontinue certain park lands.

2017-S8510 - Sponsor Memo

                                
 
BILL NUMBER: S8510

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to authorize the city of New York to discontin-
ue certain park lands and to grant permanent easements in the county of
New York

 
PURPOSE OF THE BILL:

This bill would authorize the alienation of two parcels of parkland that
are part of Harlem River Park located in New York City on the east side
right of way of Harlem River Drive near 135th Street.

 
SUMMARY OF PROVISIONS:

Bill section 1 would allow New York City to discontinue the use as park-
land of two parcels of land and to grant permanent easements to the
Metropolitan Transportation Authority (MTA) for the construction of
protective security fencing around the columns and appurtenant struc-
tures of the Harlem River Lift Bridge, which the Metro-North Commuter
Railroad Company, an MTA subsidiary, uses to carry its trains across the

Harlem River. The fencing on the western easement area will protect the
bridge's columns from unauthorized access to the track level. The fenc-
ing on the eastern easement area will protect several single-story
buildings that house power components for the bridge and also emergency
egress stairs for passenger evacuations from the track level. An archi-
tectural ornamental fence system will be installed to provide a clean
aesthetic appearance. To match nearby park features, the fence will be
painted a deep green.  One vehicular and two pedestrian access gates
will be provided with electronic access control devices that will be
monitored by Metro-North's security command center. For egress purposes,
each gate will have quick-release electronic push bars.

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

Bill section 3 establishes the meets and bounds of the property where
subsurface easements would be acquired.

Bill section 4 provides for compliance with federal law if any federal
funding was used for purposes of the aforementioned property.

Bill section 5 provides that the bill would take effect immediately
after receiving Executive approval.

 
JUSTIFICATION:

The Harlem River Lift Bridge is a large movable structure that spans
over the Harlem River between Manhattan and the Bronx. It is a four-
track structure that supports 750 trains and over 300,000 daily rides to
and from Grand Central Terminal from 124 stations located in the Bronx,
upstate New York, and Connecticut. The bridge is currently the only way
that Metro-North trains enter and leave Manhattan and represents a
single point of failure to railroad operations. In September 2010 an
accidental fire destroyed and damaged a portion of the Harlem River Lift
Bridge's timber fender protection system.  During this fire all service
to and from Grand Central Terminal was shut down for approximately three
hours highlighting the bridge's importance to the region's economy and
mobility. Subsequent to the event, Metro-North reviewed the bridge's
vulnerability and determined that the protective fencing was required to
prevent damage to the bridge facilities and access to the train tracks.

This project will require less than one-tenth of an acre parkland for
permanent protection purposes; approximately 3,484 square feet for the
easterly parcel and 995 square feet for the westerly parcel. This land
will be used to establish increased stand-off distances to primary
structural members of the bridge and to restrict unauthorized access to
the bridge. It will also allow Metro-North to install gating that will
improve emergency egress.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The bill would take effect immediately after receiving Executive
approval.

2017-S8510 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8510
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced by Sen. BENJAMIN -- (at request of the Metropolitan Transpor-
   tation  Authority) -- read twice and ordered printed, and when printed
   to be committed to the Committee on Cities
 
 AN ACT to authorize the city of New York  to  discontinue  certain  park
   lands and to grant permanent easements in the county of New York
 
   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  notwithstand-
 ing any provision of law to the contrary, the city of New York is hereby
 authorized  to  discontinue  the  use  as  park land two parcels of land
 described in section three of this act and to grant permanent easements,
 upon such terms and conditions as  the  city  shall  determine,  to  the
 metropolitan   transportation   authority,   in   such   lands  for  the
 construction of protective security fencing around the  columns  of  the
 Harlem  river lift bridge, operated by the Metro-North commuter railroad
 company, a subsidiary of the metropolitan transportation authority, that
 carries commuter trains across the Harlem river.  The  proposed  fencing
 will  protect  the  Harlem river lift bridge from unauthorized access to
 the train tracks above.
   § 2. The authorizations provided in section one of this act shall take
 effect only upon the condition that at the time of the discontinuance of
 the park lands described in section three of this  act  the  city  shall
 acquire  additional  park  lands  of  equal or greater fair market value
 and/or perform capital improvements to existing  park  and  recreational
 facilities  which  are equal to or greater than the fair market value of
 those park lands being discontinued by this act.
   § 3. The lands hereby authorized by section one  of  this  act  to  be
 discontinued as park lands and transferred as permanent easements to the
 metropolitan  transportation  authority  are located in the city, county
 and state of New York in park land on the east  side  right  of  way  of
 Harlem  river  drive  near 135th street and are bounded and described as
 follows:
   Easterly Parcel
   EASEMENT DESCRIPTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14360-04-8

 S. 8510                             2
 
   All that certain piece or parcel of land situated in  the  Borough  of
 Manhattan, City of New York and State of New York being more particular-
 ly bounded and described as follows:
   COMMENCING  at  the  intersection  of  the southerly boundary of 135th
 Street with the westerly boundary of Park Avenue as shown on the current
 NYC Tax Maps.
   THENCE, southeasterly, along the prolongation of said southerly bound-
 ary of 135th Street the following: S. 60°58'04" E. a distance of  258.50
 feet  to  the U. S. Pier and Bulkhead Line, established by the U. S. War
 Department; thence along said Pier and Bulkhead Line S.  06°38'15" W.  a
 distance of 51.00 feet to the POINT OR PLACE OF BEGINNING;
   THENCE,  southerly, continuing along the U. S. Pier and Bulkhead Line,
 S. 06°38'15" W. a distance of 17.48 feet;
   THENCE, westerly, N. 82°19'41" W a distance of 44.02 feet;
   THENCE, southerly, S.07°40'17" W a distance of 144.16 feet;
   THENCE, easterly, N. 77°21'32" E a distance of 27.92 feet;
   THENCE, northeasterly, N.58°30'34" E a distance of 34.36 feet  to  the
 aforementioned U. S. Pier and Bulkhead Line;
   THENCE,  southerly, along said Pier and Bulkhead Line S.  03°12'21" W.
 a distance of 45.86 feet to  the  southeasterly  corner  of  the  herein
 described parcel;
   THENCE, westerly, N. 86°47'39" W a distance of 2.37 feet;
   THENCE, westerly, N. 80°09'03" W a distance of 2.52 feet;
   THENCE,  westerly,  N.  80°11'16"  W  a  distance of 61.33 feet to the
 southwesterly corner of the herein described parcel;
   THENCE, northerly, N. 07°36'00" E a distance of  156.00  feet  to  the
 northwesterly corner of the herein described parcel;
   THENCE, easterly, N. 79°03'33" E. a distance of 46.33 feet;
   THENCE, easterly, N. 79°11'05" E. a distance of 7.38 feet;
   THENCE, easterly, N. 84°47'37" E. a distance of 2.84 feet to the POINT
 OR PLACE OF BEGINNING.
   Said parcel containing 3,484 square feet of land more or less.
   Westerly Parcel
   EASEMENT DESCRIPTION
   All  that  certain  piece or parcel of land situated in the Borough of
 Manhattan, City of New York and State of New York being more particular-
 ly bounded and described as follows:
   COMMENCING at the intersection of  the  southerly  boundary  of  135th
 Street with the westerly boundary of Park Avenue as shown on the current
 NYC Tax Maps;
   THENCE,  southerly,  along  said  westerly boundary of Park Avenue the
 following: S. 10°44'36" W.  a distance of 233.29 feet; thence, over  and
 across  said  Park Avenue S.   79°15'24" E. a distance of 167.64 feet to
 the northeasterly corner of an  existing  steel  column  supporting  the
 overhead  Metro  North  Railroad  and  also  being the POINT OR PLACE OF
 BEGINNING;
   THENCE, northerly, N. 14°56'05" W a distance of 5.04 feet;
   THENCE, easterly, S. 81°36'25" E. a  distance  of  8.01  feet  to  the
 northeasterly corner of the herein described parcel;
   THENCE, southerly, S. 08°27'30" W. a distance of 56.38 feet;
   THENCE,  southerly,  S.  07°40'31"  W. a distance of 59.64 feet to the
 southeasterly corner of the herein described parcel;
   THENCE, westerly, N.84°22'37" W a distance of 8.00 feet the  southwes-
 terly corner of the herein described parcel;

 S. 8510                             3
 
   THENCE,  northeasterly, N. 34°55'25" E. a distance of 5.98 feet to the
 southeasterly corner of an existing steel column supporting the overhead
 Metro North Railroad;
   THENCE,  northerly, with the existing concrete support of the overhead
 Metro North Railroad to the POINT OR PLACE OF BEGINNING.
   Said parcel containing 995 square feet of land more or less.
   § 4. In the event that the city  of  New  York  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in  section  three
 of  this act, the discontinuance and alienation of such parkland author-
 ized by the provisions of section three of  this  act  shall  not  occur
 until  the  city  of New York has complied with any federal requirements
 pertaining to the alienation or conversion of such parklands,  including
 satisfying  the secretary of the interior that the alienation or conver-
 sion 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 alien-
 ated or converted.
   § 5. This act shall take effect immediately.

2017-S8510A (ACTIVE) - Details

See Assembly Version of this Bill:: A11222
Current Committee:: Senate Cities
Law Section:: New York City
Versions Introduced in 2019-2020 Legislative Session:: S306

2017-S8510A (ACTIVE) - Summary

Authorizes the city of New York to discontinue certain park lands.

2017-S8510A (ACTIVE) - Sponsor Memo

2017-S8510A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8510--A
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Cities  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  authorize  the city of New York to discontinue certain park
   lands in the county of New York

   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 the use as park land and transfer two parcels
 of land described in section three of  this  act  upon  such  terms  and
 conditions  as the city shall determine, to the metropolitan transporta-
 tion authority, for the  construction  of  protective  security  fencing
 around  the  columns  of  the  Harlem river lift bridge, operated by the
 Metro-North commuter railroad company, a subsidiary of the  metropolitan
 transportation authority, that carries commuter trains across the Harlem
 river.
   §  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 lands and transferred to the metropolitan transpor-
 tation authority are located in the city, county and state of  New  York
 in  park  land  on the east side right of way of Harlem river drive near
 135th street and are bounded and described as follows:
   Easterly Parcel
   All that certain piece or parcel of land situated in  the  Borough  of
 Manhattan, City of New York and State of New York being more particular-
 ly bounded and described as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14360-09-8

 S. 8510--A                          2
 
   COMMENCING  at  the  intersection  of  the southerly boundary of 135th
 Street with the westerly boundary of Park Avenue as shown on the current
 NYC Tax Maps.
   THENCE, southeasterly, along the prolongation of said southerly bound-
 ary  of 135th Street the following: S. 60°58'04" E. a distance of 258.50
 feet to the U. S. Pier and Bulkhead Line, established by the U.  S.  War
 Department;  thence along said Pier and Bulkhead Line S.  06°38'15" W. a
 distance of 51.00 feet to the POINT OR PLACE OF BEGINNING;
   THENCE, southerly, continuing along the U. S. Pier and Bulkhead  Line,
 S. 06°38'15" W. a distance of 17.48 feet;
   THENCE, westerly, N. 82°19'41" W a distance of 44.02 feet;
   THENCE, southerly, S.07°40'17" W a distance of 144.16 feet;
   THENCE, easterly, N. 77°21'32" E a distance of 27.92 feet;
   THENCE,  northeasterly,  N.58°30'34" E a distance of 34.36 feet to the
 aforementioned U. S. Pier and Bulkhead Line;
   THENCE, southerly, along said Pier and Bulkhead Line S.  03°12'21"  W.
 a  distance  of  45.86  feet  to  the southeasterly corner of the herein
 described parcel;
   THENCE, westerly, N. 86°47'39" W a distance of 2.37 feet;
   THENCE, westerly, N. 80°09'03" W a distance of 2.52 feet;
   THENCE, westerly, N. 80°11'16" W a  distance  of  61.33  feet  to  the
 southwesterly corner of the herein described parcel;
   THENCE,  northerly,  N.  07°36'00"  E a distance of 156.00 feet to the
 northwesterly corner of the herein described parcel;
   THENCE, easterly, N. 79°03'33" E. a distance of 46.33 feet;
   THENCE, easterly, N. 79°11'05" E. a distance of 7.38 feet;
   THENCE, easterly, N. 84°47'37" E. a distance of 2.84 feet to the POINT
 OR PLACE OF BEGINNING.
   Said parcel containing 3,484 square feet of land more or less.
   Westerly Parcel
   All that certain piece or parcel of land situated in  the  Borough  of
 Manhattan, City of New York and State of New York being more particular-
 ly bounded and described as follows:
   COMMENCING  at  the  intersection  of  the southerly boundary of 135th
 Street with the westerly boundary of Park Avenue as shown on the current
 NYC Tax Maps;
   THENCE, southerly, along said westerly boundary  of  Park  Avenue  the
 following:  S. 10°44'36" W.  a distance of 233.29 feet; thence, over and
 across said Park Avenue S.  79°15'24" E. a distance of  167.64  feet  to
 the  northeasterly  corner  of  an  existing steel column supporting the
 overhead Metro North Railroad and also  being  the  POINT  OR  PLACE  OF
 BEGINNING;
   THENCE, northerly, N. 14°56'05" W a distance of 5.04 feet;
   THENCE,  easterly,  S.  81°36'25"  E.  a  distance of 8.01 feet to the
 northeasterly corner of the herein described parcel;
   THENCE, southerly, S. 08°27'30" W. a distance of 56.38 feet;
   THENCE, southerly, S. 07°40'31" W. a distance of  59.64  feet  to  the
 southeasterly corner of the herein described parcel;
   THENCE,  westerly, N.84°22'37" W a distance of 8.00 feet the southwes-
 terly corner of the herein described parcel;
   THENCE, northeasterly, N. 34°55'25" E. a distance of 5.98 feet to  the
 southeasterly corner of an existing steel column supporting the overhead
 Metro North Railroad;
   THENCE,  northerly, with the existing concrete support of the overhead
 Metro North Railroad to the POINT OR PLACE OF BEGINNING.
   Said parcel containing 995 square feet of land more or less.

 S. 8510--A                          3
 
   § 4. Should the lands described in section three of this act cease  to
 be  used  for  the  purposes described in section one of this act, those
 lands shall revert to the city of New York  for  park  and  recreational
 purposes. At the time of such reversion, the metropolitan transportation
 authority  shall  remove the fencing, and the property shall be returned
 to its previous state, consistent with park and recreational purposes.
   § 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 section  three
 of this act, the discontinuance and alienation of such park land author-
 ized by the provisions of this act shall not occur until the city of New
 York has complied with any federal requirements pertaining to the alien-
 ation  or conversion of such park lands, including satisfying the secre-
 tary 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. This act shall take effect immediately.

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Senate Bill S8510A

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Bill Amendments

2017-S8510 - Details

2017-S8510 - Summary

2017-S8510 - Sponsor Memo

2017-S8510 - Bill Text download pdf

2017-S8510A (ACTIVE) - Details

2017-S8510A (ACTIVE) - Summary

2017-S8510A (ACTIVE) - Sponsor Memo

2017-S8510A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8510A

Share this bill

Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Cities Committee

Bill Amendments

2017-S8510 - Details

2017-S8510 - Summary

2017-S8510 - Sponsor Memo

2017-S8510 - Bill Text download pdf

2017-S8510A (ACTIVE) - Details

2017-S8510A (ACTIVE) - Summary

2017-S8510A (ACTIVE) - Sponsor Memo

2017-S8510A (ACTIVE) - Bill Text download pdf

Comments