S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10285
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   De Los Santos) -- read once and referred to the Committee on Cities
 
 AN ACT authorizing 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 certain rights to the metropolitan transportation  authority  so
   that  it  may make handicapped accessible improvements and upgrades to
   the New York city transit authority 168 Street transit station
 
   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  parkland certain
 subsurface portions of the lands described in section three of this  act
 and  to  discontinue temporarily the use as parkland the lands described
 in section four of this act and to grant easements to  the  metropolitan
 transportation authority, to enable the New York city transit authority,
 an  affiliate  of the metropolitan transportation authority, to use such
 lands for  the  construction  of  vertical  and  horizontal  circulation
 elements,  including corridors, ramps, elevators, stairs, and supporting
 infrastructure adjacent to the existing 168 Street  subway  stations  on
 the A, C, and 1 subway lines to provide handicap accessible improvements
 and  other  upgrades, including improved emergency egress capacity. Such
 easements shall be granted upon such terms and conditions as the city of
 New York and the metropolitan transportation authority shall  determine,
 including  terms  and  conditions  for  the  metropolitan transportation
 authority to ensure that the city of New York can  comply  with  section
 five of this act.
   §  2.  The metropolitan transportation authority, as consideration for
 being granted easements described in this act, shall pay to the city  of
 New  York the fair market value of the parklands being discontinued. The
 authorization provided in section one of this  act  shall  be  effective
 only  upon  the  condition that the city of New York dedicates an amount
 equal to or greater than the fair market value payable  by  metropolitan
 transportation  authority,  as  such  fair market value is determined in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15723-01-2
 A. 10285                            2
 
 such easements, for the parklands being discontinued towards the  acqui-
 sition  of  new  parklands or capital improvements to existing parklands
 and recreational facilities within the borough of Manhattan.
   §  3.  The  lands  hereby  authorized by section one of this act to be
 discontinued as parkland and granted as subsurface rights to the  metro-
 politan  transportation  authority  are  located in the city, county and
 state of New York in a park known as the  Mitchel  Square  and  Broadway
 Mall are bounded and described as follows:
   Area 1: Acquisition of subsurface rights (Passageway) at Broadway Mall
 located at the center median of Broadway, Borough of Manhattan:
   Beginning  at  a  point  (N=245589.52,  E=1000840.51)  (NAD83)  at the
 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86  feet
 from  the  intersection of the westerly street line of Broadway with the
 southerly street line of W. 168 Street, running thence,
   1) S.60°58'46"E. a distance of 15.95 feet  to  the  easterly  line  of
 Broadway Mall, thence,
   2)  S.29°01'14"W.  along the easterly line of Broadway Mall a distance
 of 30.00 feet, thence,
   3) N.60°58'46"W. a distance of 15.95 feet  to  the  westerly  line  of
 Broadway Mall, thence
   4)  N.29°01'14"E.  along the westerly line of Broadway Mall a distance
 of 30.00 feet to the Point of Beginning.
   The subsurface rights begin at an elevation of 167.64 feet(NAVD  1988)
 and have no lower limit.
   Said parcel containing 479 square feet of land more or less.
   Area  2:  Acquisition  of  subsurface rights at Mitchel Square (Egress
 Stairs) on Tax Lot 65 in Block 2124, Borough of Manhattan:
   Beginning at a point (N=245537.62, E=1000877.44)(NAD83) at the easter-
 ly street line of Broadway being situate S.14°02'22"E., 177.92 feet from
 the intersection of the westerly street line of Broadway with the south-
 erly street line of W. 168 Street, running thence,
   1) S.61°17'06"E. a distance of 14.15 feet, thence,
   2) S.28°42'54"W. a distance of 14.32 feet, thence,
   3) S.61°17'06"E. a distance of 29.75 feet, thence,
   4) N.28°42'54"E. a distance of 13.50 feet, thence,
   5) S.61°17'06"E. a distance of 12.81 feet to the westerly Street  Line
 of St. Nicholas Avenue, thence,
   6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue
 a distance of 24.13 feet, thence,
   7) S.28°42'54"W. a distance of 6.28 feet, thence,
   8)  N.61°17'06"W. a distance of 61.34 feet to the easterly street line
 of Broadway, thence,
   9) N.24°00'59"E. along the easterly street line of Broadway a distance
 of 30.25 feet to the Point of Beginning.
   The subsurface rights begin at an elevation of 167.64 feet(NAVD  1988)
 and have no lower limit.
   Said parcel containing 1,362 square feet of land more or less.
   Area  3:  acquisition of subsurface rights at Mitchel Square (Elevator
 Shaft) on Tax Lot 65 in Block 2124, Borough of Manhattan:
   Beginning at a point (N=245530.10, E=1000889.45) (NAD83) being situate
 S.17°01'48"E., 188.38 feet from the intersection of the westerly  street
 line  of  Broadway  with  the  southerly  street  line of W. 168 Street,
 running thence,
   1) S.61°17'06"E. a distance of 29.75 feet, thence,
   2) S.28°42'54"W. a distance of 13.50 feet, thence,
   3) N.61°17'06"W. a distance of 29.75 feet, thence,
 A. 10285                            3
 
   4) N.28°42'54"E. a distance of 13.50 feet to the Point of
   Beginning.
   The  subsurface rights begin at an elevation of 170.64 feet(NAVD 1988)
 and have no lower limit.
   Said parcel containing 402 square feet of land more or less.
   Area 4: acquisition of subsurface rights at Mitchel  Square  (Passage-
 way) on Tax Lot 65 in Block 2124, Borough of Manhattan:
   Beginning at a point (N=245536.75, E=1000908.37) (NAD83) being situate
 S.23°07'39"E.,  188.64 feet from the intersection of the westerly street
 line of Broadway with the  southerly  street  line  of  W.  168  Street,
 running thence,
   1)  S.61°17'06"E. a distance of 24.56 feet to the Westerly Street Line
 of St. Nicholas Avenue, thence,
   2) S.11°34'21"W. along the westerly Street Line of St. Nicholas Avenue
 a distance of 15.61 feet, thence,
   3) N.61°17'06"E. a distance of 29.16 feet, thence,
   4) N.28°42'54"E. a distance of 14.92 feet to the Point of Beginning.
   The subsurface rights begin at an elevation of 167.64 feet(NAVD  1988)
 and have no lower limit.
   Said parcel containing 401 square feet of land more or less.
   §  4.  The  lands  hereby  authorized by section one of this act to be
 discontinued temporarily as parkland and granted as a temporary easement
 to metropolitan transportation authority for use by the  New  York  city
 transit  authority  in  connection with the construction of the improve-
 ments are located in the city, county and state in  New  York  in  parks
 known  as Mitchel Square and Broadway Mall and are bounded and described
 as follows:
   Area 5: temporary easement (Passageway) at Broadway  Mall  located  at
 the center median of Broadway, Borough of Manhattan:
   Beginning  at  a  point  (N=245589.52,  E=1000840.51)  (NAD83)  at the
 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86  feet
 from  the  intersection of the westerly street line of Broadway with the
 southerly street line of W. 168 Street, running thence,
   1) S.60°58'46"E. a distance of 15.95 feet  to  the  easterly  line  of
 Broadway Mall, thence,
   2)  S.29°01'14"W.  along the easterly line of Broadway Mall a distance
 of 30.00 feet, thence,
   3) N.60°58'46"W. a distance of 15.95 feet  to  the  westerly  line  of
 Broadway Mall, thence,
   4)  N.29°01'14"E.  along the westerly line of Broadway Mall a distance
 of 30.00 feet to the Point of Beginning.
   Said parcel containing 479 square feet of land more or less.
   Area 6: temporary easement on  Tax  Lot  65  in  Block  2124,  Mitchel
 Square, Borough of Manhattan:
   Beginning at a point (N=245497.23, E=1000859.45) (NAD83/NAVD88) at the
 easterly  street  line  of  Broadway being situate S.06°44'20"E., 214.47
 feet from the intersection of the westerly street line of Broadway  with
 the southerly street line of W. 168 Street, running thence,
   1) N.24°00'59"E. along the easterly street line of Broadway a distance
 of 61.69 feet, thence,
   2) N.29°01'14"E. along the easterly street line of Broadway a distance
 of 63.00 feet, thence,
   3)  In  a  generally  easterly  direction along a tangent curve to the
 right having a delta angle of 90°, an arc length of  18.85  feet  and  a
 radius of 12.00 feet, thence,
   4) S.60°58'46"E. a distance of 8.25 feet, thence,
 A. 10285                            4
 
   5)  In  a  generally  southerly direction along a tangent curve to the
 right having a delta angle of 72°22'08", an arc length of 15.16 feet and
 a radius of 12.00 feet to the  westerly  street  line  of  St.  Nicholas
 Avenue, thence,
   6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue
 a distance of 133.86 feet, thence,
   7)  N.61°17'06"W.  through  Mitchel Square a distance of 66.42 feet to
 the Point of Beginning.
   Said parcel containing 6,664 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 parklands set forth in sections  three
 and four of this act, the discontinuance and alienation of such parkland
 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  parklands,  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 provision of adequate recreation properties and opportu-
 nities of reasonably equivalent location and usefulness.
   § 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10285--A
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   De Los Santos) -- read once and referred to the Committee on Cities --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT authorizing 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  certain  rights to the metropolitan transportation authority so
   that it may make handicapped accessible improvements and  upgrades  to
   the New York city transit authority 168 Street transit station
 
   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  parkland  certain
 subsurface  portions of the lands described in section three of this act
 and to discontinue temporarily the use as parkland the  lands  described
 in  section  four of this act and to grant easements to the metropolitan
 transportation authority, to enable the New York city transit authority,
 an affiliate of the metropolitan transportation authority, to  use  such
 lands  for  the  construction  of  vertical  and  horizontal circulation
 elements, including corridors, ramps, elevators, stairs, and  supporting
 infrastructure  adjacent  to  the existing 168 Street subway stations on
 the A, C, and 1 subway lines to provide handicap accessible improvements
 and other upgrades, including improved emergency egress  capacity.  Such
 easements shall be granted upon such terms and conditions as the city of
 New  York and the metropolitan transportation authority shall determine,
 including terms  and  conditions  for  the  metropolitan  transportation
 authority  to  ensure  that the city of New York can comply with section
 five of this act.
   § 2. The metropolitan transportation authority, as  consideration  for
 being  granted easements described in this act, shall pay to the city of
 New York the fair market value of the parklands being discontinued.  The
 authorization  provided  in  section  one of this act shall be effective
 only upon the condition that the city of New York  dedicates  an  amount
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15723-03-2
 A. 10285--A                         2
 
 equal  to  or greater than the fair market value payable by metropolitan
 transportation authority, as such fair market  value  is  determined  in
 such  easements, for the parklands being discontinued towards the acqui-
 sition  of  new  parklands or capital improvements to existing parklands
 and recreational facilities within the borough of Manhattan.
   § 3. The lands hereby authorized by section one  of  this  act  to  be
 discontinued  as parkland and granted as subsurface rights to the metro-
 politan transportation authority are located in  the  city,  county  and
 state  of  New  York  in a park known as the Mitchel Square and Broadway
 Mall are bounded and described as follows:
   Area 1: Acquisition of subsurface rights (Passageway) at Broadway Mall
 located at the center median of Broadway, Borough of Manhattan:
   Beginning at  a  point  (N=245589.52,  E=1000840.51)  (NAD83)  at  the
 westerly  line of Broadway Mall being situate S.02°57'09"E., 120.86 feet
 from the intersection of the westerly street line of Broadway  with  the
 southerly street line of W. 168 Street, running thence,
   1)  S.60°58'46"E.  a  distance  of  15.95 feet to the easterly line of
 Broadway Mall, thence,
   2) S.29°01'14"W. along the easterly line of Broadway Mall  a  distance
 of 30.00 feet, thence,
   3)  N.60°58'46"W.  a  distance  of  15.95 feet to the westerly line of
 Broadway Mall, thence
   4) N.29°01'14"E. along the westerly line of Broadway Mall  a  distance
 of 30.00 feet to the Point of Beginning.
   The  subsurface rights begin at an elevation of 167.64 feet(NAVD 1988)
 and have no lower limit.
   Said parcel containing 479 square feet of land more or less.
   Area 2: Acquisition of subsurface rights  at  Mitchel  Square  (Egress
 Stairs) on Tax Lot 65 in Block 2124, Borough of Manhattan:
   Beginning at a point (N=245537.62, E=1000877.44)(NAD83) at the easter-
 ly street line of Broadway being situate S.14°02'22"E., 177.92 feet from
 the intersection of the westerly street line of Broadway with the south-
 erly street line of W. 168 Street, running thence,
   1) S.61°17'06"E. a distance of 14.15 feet, thence,
   2) S.28°42'54"W. a distance of 14.32 feet, thence,
   3) S.61°17'06"E. a distance of 29.75 feet, thence,
   4) N.28°42'54"E. a distance of 13.50 feet, thence,
   5)  S.61°17'06"E. a distance of 12.81 feet to the westerly Street Line
 of St. Nicholas Avenue, thence,
   6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue
 a distance of 24.13 feet, thence,
   7) S.28°42'54"W. a distance of 6.28 feet, thence,
   8) N.61°17'06"W. a distance of 61.34 feet to the easterly street  line
 of Broadway, thence,
   9) N.24°00'59"E. along the easterly street line of Broadway a distance
 of 30.25 feet to the Point of Beginning.
   The  subsurface rights begin at an elevation of 167.64 feet(NAVD 1988)
 and have no lower limit.
   Said parcel containing 1,362 square feet of land more or less.
   Area 3: acquisition of subsurface rights at Mitchel  Square  (Elevator
 Shaft) on Tax Lot 65 in Block 2124, Borough of Manhattan:
   Beginning at a point (N=245530.10, E=1000889.45) (NAD83) being situate
 S.17°01'48"E.,  188.38 feet from the intersection of the westerly street
 line of Broadway with the  southerly  street  line  of  W.  168  Street,
 running thence,
   1) S.61°17'06"E. a distance of 29.75 feet, thence,
 A. 10285--A                         3
 
   2) S.28°42'54"W. a distance of 13.50 feet, thence,
   3) N.61°17'06"W. a distance of 29.75 feet, thence,
   4) N.28°42'54"E. a distance of 13.50 feet to the Point of
   Beginning.
   The  subsurface rights begin at an elevation of 170.64 feet(NAVD 1988)
 and have no lower limit.
   Said parcel containing 402 square feet of land more or less.
   Area 4: acquisition of subsurface rights at Mitchel  Square  (Passage-
 way) on Tax Lot 65 in Block 2124, Borough of Manhattan:
   Beginning at a point (N=245536.75, E=1000908.37) (NAD83) being situate
 S.23°07'39"E.,  188.64 feet from the intersection of the westerly street
 line of Broadway with the  southerly  street  line  of  W.  168  Street,
 running thence,
   1)  S.61°17'06"E. a distance of 24.56 feet to the Westerly Street Line
 of St. Nicholas Avenue, thence,
   2) S.11°34'21"W. along the westerly Street Line of St. Nicholas Avenue
 a distance of 15.61 feet, thence,
   3) N.61°17'06"E. a distance of 29.16 feet, thence,
   4) N.28°42'54"E. a distance of 14.92 feet to the Point of Beginning.
   The subsurface rights begin at an elevation of 167.64 feet(NAVD  1988)
 and have no lower limit.
   Said parcel containing 401 square feet of land more or less.
   §  4.  The  lands  hereby  authorized by section one of this act to be
 discontinued temporarily as parkland and granted as a temporary easement
 to metropolitan transportation authority for use by the  New  York  city
 transit  authority  in  connection with the construction of the improve-
 ments are located in the city, county and state in  New  York  in  parks
 known  as Mitchel Square and Broadway Mall and are bounded and described
 as follows:
   Area 5: temporary easement (Passageway) at Broadway  Mall  located  at
 the center median of Broadway, Borough of Manhattan:
   Beginning  at  a  point  (N=245589.52,  E=1000840.51)  (NAD83)  at the
 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86  feet
 from  the  intersection of the westerly street line of Broadway with the
 southerly street line of W. 168 Street, running thence,
   1) S.60°58'46"E. a distance of 15.95 feet  to  the  easterly  line  of
 Broadway Mall, thence,
   2)  S.29°01'14"W.  along the easterly line of Broadway Mall a distance
 of 30.00 feet, thence,
   3) N.60°58'46"W. a distance of 15.95 feet  to  the  westerly  line  of
 Broadway Mall, thence,
   4)  N.29°01'14"E.  along the westerly line of Broadway Mall a distance
 of 30.00 feet to the Point of Beginning.
   Said parcel containing 479 square feet of land more or less.
   Area 6: temporary easement on  Tax  Lot  65  in  Block  2124,  Mitchel
 Square, Borough of Manhattan:
   Beginning  at a point (N=245497.23, E=1000859.45) (NAD83) at the east-
 erly street line of Broadway being situate  S.06°44'20"E.,  214.47  feet
 from  the  intersection of the westerly street line of Broadway with the
 southerly street line of W. 168 Street, running thence,
   1) N.24°00'59"E. along the easterly street line of Broadway a distance
 of 61.69 feet, thence,
   2) N.29°01'14"E. along the easterly street line of Broadway a distance
 of 63.00 feet, thence,
 A. 10285--A                         4
 
   3) In a generally easterly direction along  a  tangent  curve  to  the
 right  having  a  delta  angle of 90°, an arc length of 18.85 feet and a
 radius of 12.00 feet, thence,
   4) S.60°58'46"E. a distance of 8.25 feet, thence,
   5)  In  a  generally  southerly direction along a tangent curve to the
 right having a delta angle of 72°22'08", an arc length of 15.16 feet and
 a radius of 12.00 feet to the  westerly  street  line  of  St.  Nicholas
 Avenue, thence,
   6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue
 a distance of 133.86 feet, thence,
   7)  N.61°17'06"W.  through  Mitchel Square a distance of 66.42 feet to
 the Point of Beginning.
   Said parcel containing 6,664 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 parklands set forth in sections  three
 and four of this act, the discontinuance and alienation of such parkland
 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  parklands,  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 provision of adequate recreation properties and opportu-
 nities of reasonably equivalent location and usefulness.
   § 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.