S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6312
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2019
                                ___________
 
 Introduced by Sen. KAVANAGH -- (at request of the Metropolitan Transpor-
   tation  Authority) -- read twice and ordered printed, and when printed
   to be committed to the Committee on Rules
 
 AN ACT to authorize the city of New York to discontinue the use as  park
   land  of  a  portion of real property in the county of New York and to
   grant easements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subject to the provisions of this act, but notwithstanding
 any provision of law to the contrary, the city of  New  York  is  hereby
 authorized  to  discontinue  permanently  the  use  as park land certain
 subsurface portions of the lands described in section three of this  act
 and  to discontinue temporarily the use as park land the lands described
 in section four of this act and to grant easements to such lands to  the
 metropolitan transportation authority, upon such terms and conditions as
 the city shall determine, to enable the New York city transit authority,
 an  affiliate  of the metropolitan transportation authority, to use such
 lands for the construction of a  new  subsurface  electrical  substation
 adjacent  to  the existing tunnel of the A, C, E subway lines to provide
 power to enable additional subway trains to be operated.
   § 2. The authorizations provided in section one of this act  shall  be
 effective only upon the condition that the city of New York dedicates an
 amount  equal to or greater than the fair market value of the park lands
 being discontinued towards the acquisition  of  new  park  lands  and/or
 capital  improvements  to existing park land and recreational facilities
 within the borough of Manhattan.
   § 3. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  as  park  land and granted as a subsurface easement to the
 metropolitan transportation authority are located in  the  city,  county
 and  state  of New York in a park known as the grand canal court and are
 bounded and described as follows:

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

                                                            LBD09694-02-9

 S. 6312                             2
 
   Permanent subsurface easement 1 on Tax Lot 33 in Block 227, Borough of
 Manhattan:
   Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines of Thompson Street, a variable width  right  of  way,  running
 thence,
   1)  Northwesterly  along  the  said northeasterly sideline of Thompson
 Street 24.57' to a point in the same northeasterly sideline of  Thompson
 Street, thence,
   2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
 previous course 28.15' to a  point  in  the  northwesterly  sideline  of
 Thompson Street, thence,
   3)  Along  the  northwesterly sideline of Thompson Street in a general
 southwesterly direction having an interior angle of 59° 08' 44.08"  with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 14.70'. The easement
 begins at an elevation of 4.70' (the park floor elevation is 6.00±    to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 228 square feet of land more or less.
   Permanent subsurface easement 2 on Tax Lot 33 in Block 227, Borough of
 Manhattan
   Beginning  at  a point (N=202448.58, E=982829.32)(NAD83/NAVD88) in the
 easterly sideline of Avenue of  the  Americas,  which  point  is  45.14'
 distant  from the corner formed by the intersection of the northeasterly
 sideline of Thompson Street (a variable width of right of way)  and  the
 easterly  sideline  of  the Avenue of the Americas, (100' wide), running
 thence,
   1) Along the same easterly sideline of Avenue of  the  Americas  in  a
 general northerly direction 49.69' to a point, thence,
   2)  Southeasterly on a line having an interior angle of 74° 17' 10.43"
 with the previous course 38.86' to a point, thence,
   3) In a general southwesterly direction on a line having  an  interior
 angle  of  89°  30'  55.67"  with the previous course 47.67' to a point,
 thence,
   4) On a line having an interior angle  of  91°  00'  50.94"  with  the
 previously  mentioned course 25.00' to the POINT and PLACE of the BEGIN-
 NING.
   The easement described above has a height of  16.34'.    The  easement
 begins  at  an  elevation of 6.34' (the park floor elevation is 6.00± to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 1,524 square feet of land more or less.
   Permanent subsurface easement 3 on Tax Lot 33 of Block 227, Borough of
 Manhattan:
   Beginning at a point (N=202372.05', E=982851.41)(NAD83/NAVD88) at  the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines  of  Thompson  Street,  a variable width right of way, running
 thence
   1) Northwesterly along the said  northeasterly  sideline  of  Thompson
 Street  16.26'  to  a  point  on the same northerly sideline of Thompson
 Street, thence,
   2) On a line in a general northerly direction having an interior angle
 of 130° 20' 24.62" with the previous course 66.50' to a point, thence,
   3) On a line in a general easterly direction having right angles  with
 the previous course 4.00' to a point, thence,
   4) On a line in a general northerly direction having right angles with
 the previous course 19.80' to a point, thence,

 S. 6312                             3
 
   5)  On a line in a general westerly direction having right angles with
 the precious course 4.00' to a point, thence,
   6) On a line in a general northerly direction having right angles with
 the previous course 25.87' to a point, thence,
   7)  On  a  line  having  an  interior angle of 59° 57' 16.81" with the
 previous course 72.03' to a  point  on  the  northwesterly  sideline  of
 Thompson Street, thence,
   8)  Along the said northwesterly sideline of Thompson Street on a line
 having an interior angle of 90° 04'  18.57"  with  the  previous  course
 100.00' to the POINT and PLACE of the BEGINNING.
   The  easement  described  above  has  a height of 55.00'. The easement
 begins at an elevation of -10.00' and runs to an elevation of -65.00'.
   Said parcel containing 4,218 square feet of land more or less.
   § 4. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  temporarily  as park land and granted as a temporary ease-
 ment for no more than forty-five (45) months to metropolitan transporta-
 tion authority for use  by  the  New  York  city  transit  authority  in
 connection  with  the  construction  of  the  electrical  substation are
 located in the city, county and state in New York in a park known as the
 grand canal court and are bounded and described as follows:
   Temporary surface and subsurface easement 1 on Tax  Lot  33  in  Block
 227, Borough of Manhattan
   Beginning  at  a point (N=202372.05, E=982851.41)(NAD83/NAVD88) at the
 corner formed by the intersection of the northeasterly and northwesterly
 sidelines of Thompson Street, a variable width  right  of  way,  running
 thence,
   1)  Northwesterly  along  the  said northeasterly sideline of Thompson
 Street 24.57' to a point in the same northeasterly sideline of  Thompson
 Street, thence,
   2)  On  a  line  having  an  interior angle of 41° 13' 15.92" with the
 previous course 28.15' to a  point  in  the  northwesterly  sideline  of
 Thompson Street, thence,
   3)  Along  the  northwesterly sideline of Thompson Street in a general
 southwesterly direction having an interior angle of 59° 08' 44.08"  with
 the previous course 18.86' to the POINT and PLACE of the BEGINNING.
   The  easement described above has a height of minimum 1.50'. The ease-
 ment begins at park elevation (the park  floor  elevation  is  6.00±  to
 8.00±) and runs to an elevation of 4.70'.
   Said parcel containing 228 square feet of land more or less.
   Temporary  surface  and  subsurface  easement 2 on Tax Lot 33 in Block
 227, Borough of Manhattan
   Beginning at a point (N=202448.58, E=982829.32)(NAD83/NAVD88)  in  the
 easterly  sideline  of  Avenue  of  the  Americas, which point is 45.14'
 distant from the corner formed by the intersection of the  northeasterly
 sideline of Thompson Street (a variable width right of way) and easterly
 sideline of Avenue of the Americas, (100' wide), running thence,
   1)  Along  the  same  easterly sideline of Avenue of the Americas in a
 general northerly direction 49.69' to a point, thence,
   2) Southeasterly on a line having an interior angle of 74° 17'  10.43"
 with the previous course 38.86' to a point, thence,
   3)  In  a general southwesterly direction on a line having an interior
 angle of 89° 30' 55.67" with the previous  course  47.67'  to  a  point,
 thence,
   4)  On  a  line  having  an  interior angle of 91° 00' 50.94" with the
 previously mentioned course 25.00' to the POINT and PLACE of the  BEGIN-
 NING.

 S. 6312                             4
 
   The  easement described above has a height of minimum 1.50'. The ease-
 ment begins at park elevation (the park  floor  elevation  is  6.00±  to
 8.00±) and runs to an elevation of 6.34'.
   Said parcel containing 1,524 square feet of land more or less.
   Temporary  surface  and  subsurface  easement 3 on Tax Lot 33 in Block
 227, Borough of Manhattan
   Beginning at a point (N=202388.89', E=982833.52)(NAD83/NAVD88),  which
 is  distant  24.57'  northwesterly  along  the northeasterly sideline of
 Thompson Street from the  corner  formed  by  the  intersection  of  the
 northeasterly and northwesterly sidelines of Thompson Street, a variable
 width right of way, running thence,
   1)  Northwesterly  along  the  said northeasterly sideline of Thompson
 Street a distance of 24.19' to  a  point  at  the  intersection  of  the
 northeasterly  sideline of Thompson Street with the easterly side of the
 Avenue of the Americas, thence,
   2) In a general northerly direction on  a  line  forming  an  interior
 angle of 116° 00' 31" with the previous course 45.14' to a point,
   3)  In  a general southeasterly direction on a line having an interior
 angle of 74° 48' 57.04" with the previous  course  25.00'  to  a  point,
 thence,
   4)  In  a general northeasterly direction on a line having an exterior
 angle of 91° 00' 50.94" with the previous  course  47.67'  to  a  point,
 thence,
   5)  In  a general southeasterly direction on a line having an interior
 angle of 90° 29' 04.33" with the previous course 34.67' to  a  point  on
 the northwesterly sideline of Thompson Street, thence,
   6)  Along  the  northwesterly sideline of Thompson Street in a general
 southwesterly direction on a line having an interior angle  of  90°  04'
 18.57"  with the previous course 81.14' to a point on the same northwes-
 terly sideline of Thompson Street, thence,
   7) In a general westerly direction on a line having an interior  angle
 of  120°  51'  15.92"  with  the previous course 28.15' to the POINT and
 PLACE of BEGINNING.
   The easement described above has a height of minimum 16.20'. The ease-
 ment begins at park elevation (the park  floor  elevation  is  6.00±  to
 8.00±) and runs to an elevation of -10.00'.
   Said parcel containing 4,002 square feet of land more or less.
   §  5.  In  the  event  that the city of New York received any funding,
 support or assistance from the  federal  government  for  the  purchase,
 maintenance or improvement of the park lands set forth in sections three
 and  four  of  this  act, the discontinuance and alienation of such park
 land authorized by the provisions of this act shall not occur until  the
 city  of  New York has complied with any federal requirements pertaining
 to the alienation or conversion of such park lands, including satisfying
 the secretary of the interior that the alienation or conversion complies
 with all conditions which the secretary of the interior deems  necessary
 to  assure  the  substitution of other lands shall be equivalent in fair
 market value and usefulness to the lands being alienated or converted.
   § 6. Upon the completion of construction, the metropolitan transporta-
 tion authority shall, in agreement with the city  of  New  York  and  in
 consultation  with the local community board, restore the surface of the
 lands described in sections three and four of this  act  and  the  lands
 shall continue to be used for park purposes.
   § 7. This act shall take effect immediately.