NY State Senate Bill 2019-S306

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
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to cities
Jan 09, 2019	referred to cities

2019-S306 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City
Versions Introduced in 2017-2018 Legislative Session:: S8510

2019-S306 (ACTIVE) - Summary

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

2019-S306 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S306

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

 
PURPOSE:

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.

 
EXISTING LAW:

 
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.

 
LEGISLATIVE HISTORY:

2017-18: S.8510A/A11222

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

Land swap. No cost.

 
EFFECTIVE DATE:
Immediately.

2019-S306 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    306
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02287-01-9

 S. 306                              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
   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;

 S. 306                              3
 
   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. 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 S306

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

2019-S306 (ACTIVE) - Details

2019-S306 (ACTIVE) - Summary

2019-S306 (ACTIVE) - Sponsor Memo

2019-S306 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S306

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Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Cities Committee

2019-S306 (ACTIVE) - Details

2019-S306 (ACTIVE) - Summary

2019-S306 (ACTIVE) - Sponsor Memo

2019-S306 (ACTIVE) - Bill Text download pdf

Comments