S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9323
 
                             I N  S E N A T E
 
                               May 16, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the city of New York to discontinue the use as park-
   land a portion of real property in the borough of Brooklyn and to  use
   such  property  to  construct  elevators  and  handicapped  accessible
   improvements and upgrades to  the  New  York  city  transit  authority
   Broadway Junction 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  state  or local law to the contrary, the city of New
 York is hereby authorized to: (a) discontinue  permanently  the  use  as
 parklands the lands described in section three of this act, and transfer
 such  lands  to the metropolitan transportation authority, to enable the
 New York city transit authority to construct in such areas new permanent
 at-grade station improvements; (b) discontinue permanently  the  use  as
 parklands  the lands described in section four of this act, and transfer
 such lands to the metropolitan transportation authority  to  enable  the
 New York city transit authority to improve such airspace above parklands
 with  pedestrian  bridges  between and among the L, J, Z, A and C subway
 lines; (c) discontinue permanently the use as parklands certain portions
 of the areas described in section four of this act, and to grant proper-
 ty rights, including subsurface and above surface rights to  the  metro-
 politan  transportation  authority  to  the extent needed for structural
 supports for above grade transit station improvements; and  (d)  discon-
 tinue temporarily the use as parklands land described in sections three,
 four  and  five  of  this  act  and to grant a temporary easement to the
 metropolitan transportation authority; such discontinuance of the use as
 parklands shall be to enable the New  York  city  transit  authority  to
 engage  in  construction  of elevators, handicap accessible improvements
 and other upgrades to the Broadway Junction transit station  and  tempo-
 rary  construction  ingress and egress. Such aforesaid conveyances shall
 be granted upon such terms and conditions as the city of  New  York  and
 the  metropolitan  transportation  authority  shall determine, including
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15828-01-2
 S. 9323                             2
 
 terms and conditions for the metropolitan  transportation  authority  to
 ensure  that  the city of New York can comply with section seven 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 the  metropol-
 itan  transportation  authority, as such fair market value is determined
 in such easements, for the  parklands  being  discontinued  towards  the
 acquisition  of  new parklands or capital improvements to existing park-
 lands and recreational facilities within the borough of Brooklyn.
   § 3. The lands hereby authorized by section one  of  this  act  to  be
 discontinued permanently as parkland and designated to be transferred to
 the  metropolitan  transportation authority are located in the county of
 Kings, city and state of New York in a park known as the  Callahan-Kelly
 Park, and are bounded and described as follows:
   Area  A:  acquisition  of  property rights on Tax Lot 1 in Block 1546,
 Borough of Brooklyn:
   Beginning   at   the   Point    of    Commencement,    (N=186378.8532,
 E=1009899.0749)  (NAD83  /  NAVD88)  at  the corner formed by the inter-
 section of the northerly line of Fulton Street,  an  eighty  feet  width
 right  of  way, and the easterly line of Eastern Parkway, a one-hundred-
 and ten-feet width right of way, running thence,
   Easterly along the said northerly sideline of Fulton  Street  883.90',
 along the same northerly sideline of Fulton Street to a point, thence,
   On a line in a general northerly direction having an interior angle of
 84°14'59"  with the previous course 72.29' to a point known as the Point
 of Beginning, thence,
   1) On a line in a general westerly direction having an interior  angle
 of 89°57'01" with the previous course 55.94' to a point, thence,
   2) On a line in a general Northerly direction having an interior angle
 of 79°17'17" with the previous course 65.85' to a point, thence,
   3)  On a line in a general easterly direction having an interior angle
 of 100°47'48" with the previous course 23.82' to a point, thence,
   4) On a line in a general northerly direction having an interior angle
 of 270°17'30" with the previous course 18.55' to a point, thence,
   5) On a line in a general easterly direction having an interior  angle
 of 89°14'48" with the previous course 112.13' to a point, thence,
   6) On a line in a general southerly direction having an interior angle
 of f 70°59'29" with the previous course 18.01' to a point, thence,
   7)  On a line in a general westerly direction having an interior angle
 of 109°20'10" with the previous course 45.81' to a point, thence,
   8) On a line in a general southerly direction having an interior angle
 of 270°00'00" with the previous course 17.40' to a point, thence,
   9) On a line in a general westerly direction having an interior  angle
 of 90°00'00" with the previous course 40.29' to a point, thence,
   10)  On  a  line  in  a general southerly direction having an interior
 angle of 270°00'00" with the previous course  48.23'  to  the  Point  of
 Beginning.
   Said parcel described above contains 5,836 square feet more or less.
   Area  B:  acquisition  of  property rights on Tax Lot 1 in Block 1546,
 Borough of Brooklyn:
   Beginning   at   the   Point    of    Commencement,    (N=186378.8532,
 E=1009899.0749)  (NAD83  /  NAVD88)  at  the corner formed by the inter-
 S. 9323                             3
 
 section of the northerly line of Fulton Street,  an  eighty  feet  width
 right of way, and the north-easterly line of Eastern Parkway, a one-hun-
 dred-and ten-feet width right of way, running thence,
   Easterly along the said northerly line of Fulton Street 1011.31', to a
 point  of  curvature  on  the  same northerly sideline of Fulton Street,
 thence,
   Along the arc, having a curve to the left, a radius of 70 feet,  delta
 of  102°54'18",  and  an  arc  distance  of  125.72 feet to the point of
 tangency along the westerly line of Van Sinderen Avenue,  a  one-hundred
 width right of way, thence,
   Along  the  same westerly sideline of Van Sinderen Avenue in a general
 northerly direction, from the point of tangency 53.99'  along  the  same
 westerly line of Van Sinderen Avenue, to a point, thence,
   On  a line in a general westerly direction having an interior angle of
 97°09'24" with the previous course 45.92' to  the  Point  of  Beginning,
 thence,
   1)  On a line in a general westerly direction having an interior angle
 of 180°00'00" with the previous course 38.50' to a point, thence,
   2) On a line in a general northerly direction having an interior angle
 of 90°00'00" with the previous course 18.75' to a point, thence,
   3) On a line in a general easterly direction having an interior  angle
 of 90°00'00" with the previous course 0.90' to a point, thence,
   4) On a line in a general northerly direction having an interior angle
 of 250°39'50" with the previous course 51.96' to a point, thence,
   5)  On a line in a general easterly direction having an interior angle
 of 89°54'43" with the previous course 13.21' to a point, thence,
   6) On a line in a general northerly direction having an interior angle
 of 270°09'15" with the previous course 1.50' to a point, thence,
   7) On a line in a general easterly direction having an interior  angle
 of 89°42'05" with the previous course 19.98' to a point, thence,
   8) On a line in a general southerly direction having an interior angle
 of 116°54'23" with the previous course 9.83' to a point, thence,
   9) On a line in a general southerly direction having an interior angle
 of 153°20'13" with the previous course 10.30' to a point, thence,
   10) On a line in a general easterly direction having an interior angle
 of 285°10'47" with the previous course 1.53' to a point, thence,
   11)  On  a  line  in  a general southerly direction having an interior
 angle of 74°53'38" with the previous  course  40.81'  to  the  Point  of
 Beginning.
   Said parcel described above contains 2,485 square feet more or less.
   § 4. The area above certain limiting planes set forth below authorized
 to  be  discontinued permanently as parkland by section one of this act,
 along with permanent easements below such limiting planes for the struc-
 tural supports required for the support  of  such  above  grade  transit
 improvements  described  in  section  one  of  this  act are bounded and
 described as follows:
   Area C: Acquisition of air rights on Tax Lot 1 in Block 1546,  Borough
 of Brooklyn:
   Beginning    at    the    Point   of   Commencement,   (N=186378.8532,
 E=1009899.0749) (NAD83 / NAVD 88) at the corner  formed  by  the  inter-
 section of the northerly sideline of Fulton Street, an eighty feet width
 right  of  way, and the easterly sideline of Eastern Parkway, a one-hun-
 dred- and ten-feet width right of way, running thence,
   Along the easterly sideline of Eastern  Parkway,  a  one-hundred-  and
 ten-feet width right of way, in a general northeasterly direction 70.74'
 to  a  point  in  the  same easterly sideline of Eastern Parkway and the
 S. 9323                             4
 
 southerly sideline of Truxton Street, a 70  feet  width  right  of  way,
 thence,
   Along  the  southerly sideline of Truxton Street in a general easterly
 direction having an interior  angle  of  142°03'22"  with  the  previous
 course  945.72'  to the point to curvature along the same said southerly
 sideline of Truxton Street, thence,
   Along the arc, having a curve to the right, a radius of 70 feet, delta
 of 36°53'27", and an arc distance of 45.07', also described as having an
 interior angle of 161°33'16"  with  the  previous  course  44.30'  chord
 length to the Point of Beginning in the same southerly sideline of Trux-
 ton Street, thence,
   1) On a line in a general southerly direction having an interior angle
 of 82°10'13" with the previous course 60.33' to a point, thence,
   2)  On a line in a general easterly direction having an interior angle
 of 90°05'13" with the previous course 13.21' to a point, thence,
   3) On a line in a general northerly direction having an interior angle
 of 89°50'45" with the previous course 56.52 to a point  along  a  curve,
 thence,
   4)  Along  an arc on the southerly sideline of Truxton Street having a
 curve to the left, a radius of 70 feet, a delta angle of  11°22'02"  and
 an arc distance of 13.71', also described as having an interior angle of
 106°17'35"  with the previous course 13.69' chord length to the Point of
 Beginning.
   The property rights described above begin at an elevation (NAVD 88) of
 121.5 ± feet with no upper limit. The park ground is at an elevation  of
 86.5± feet.
   Said parcel containing 773 square feet more or less.
   Area  D: acquisition of air rights on Tax Lot 1 in Block 1546, Borough
 of Brooklyn:
   Beginning   at   the   Point    of    Commencement,    (N=186378.8532,
 E=1009899.0749)  (NAD83  /  NAVD  88) at the corner formed by the inter-
 section of the northerly sideline of Fulton Street, an eighty feet width
 right of way, and the easterly sideline of Eastern Parkway,  a  one-hun-
 dred- and ten-feet width right of way, running thence,
   Easterly along the said northerly line of Fulton Street 1011.31', to a
 point  of  curvature  on  the  same northerly sideline of Fulton Street,
 thence,
   Along the arc, having a curve to the left, a radius of 70 feet,  delta
 of  102°54'18",  and  an  arc  distance  of  125.72 feet to the point of
 tangency along the westerly sideline  of  Van  Sinderen,  a  one-hundred
 width right of way, thence,
   On a line in a general northerly direction, from the point of tangency
 111.19'  along  the same westerly sideline of Van Sinderen, to the Point
 of Beginning,
   1) On a line in a general westerly direction having an interior  angle
 of 101°43'05" with the previous course 24.87' to a point, thence,
   2) On a line in a general southerly direction having an interior angle
 of 78°06'04" with the previous course 10.46'to a point, thence,
   3) On a line in a general southerly direction having an interior angle
 of 206°39'47" with the previous course 10.30'to a point, thence,
   4)  On a line in a general easterly direction having an interior angle
 of 74°45'47" with the previous  course  29.48'  to  a  point  along  the
 westerly sideline on Van Sinderen Avenue, a one-hundred feet width right
 of way, thence,
   5)  On  a line in general northerly direction having an interior angle
 of 78°45'18" with the previous course 20.38' to the Point of  Beginning.
 S. 9323                             5
 
 The  property  rights as described above begin at an elevation (NAVD 88)
 of 96.5±  feet with no upper limit. The park ground is at  an  elevation
 of 86.5± feet.
   Said parcel containing 522 square feet more or less.
   §  5.  The  lands  hereby authorized to be discontinued temporarily as
 parklands  by  section  one  of  this  act  and  which  will  serve   as
 construction staging areas for a period exceeding two years, include the
 lands  described  in section four of this act that are located below the
 limiting plane defining the air space above the  parkland  being  perma-
 nently  discontinued  to allow for above grade station improvements (and
 which will not be occupied by permanent  station  supports),  and  addi-
 tional lands that are bounded and described as follows:
   Area  E:  Temporary  Construction Easement on Tax Lot 1 in Block 1546,
 Borough of Brooklyn:
   Beginning   at   the   Point    of    Commencement,    (N=186378.8532,
 E=1009899.0749)  (NAD83) at the corner formed by the intersection of the
 northerly sideline of Fulton Street, an eighty feet width right of  way,
 and  the  easterly  sideline of Eastern Parkway, a one-hundred- and ten-
 feet width right of way, running thence,
   Easterly along the said northerly sideline of Fulton  Street  883.90',
 to  the  Point  of Beginning along the same northerly sideline of Fulton
 Street, thence,
   1) On a line in a general northerly direction having an interior angle
 of 84°15'59 with the previous course 72.29' to a point, thence,
   2) On a line in a general westerly direction having an interior  angle
 of 89°57'02" with the previous course 55.94' to a point, thence,
   3) On a line in a general northerly direction having an interior angle
 of 280°42'43 with the previous course 65.85' to a point, thence,
   4)  On a line in a general easterly direction having an interior angle
 of 259°12'12" with the previous course 23.82' to a point, thence,
   5) On a line in a general northerly direction having an interior angle
 of 89°42'30" with the previous course 18.55' to a point, thence,
   6) On a line in a general westerly direction having an interior  angle
 of 90°45'12" with the previous course 42.04' to a point, thence,
   7) On a line in a general southerly direction having an interior angle
 of 89°48'43" with the previous course 97.30' to a point, thence,
   8)  On a line in a general easterly direction having an interior angle
 of 90°00'11" with the previous course 7.38' to a point, thence,
   9) On a line in a general southerly direction having an interior angle
 of 280°27'29" with the previous course 39.17' to a point, thence,
   10) On a line in a general  southerly  direction  having  an  interior
 angle of 169°22'25" with the previous course 13.72' to a point, thence,
   11) On a line in a general easterly direction having an interior angle
 of 95°46'34" with the previous course 62.48' along the northerly line of
 Fulton Street to the Point of Beginning.
   Said parcel containing 5,752 square feet more or less.
   Area  F:  temporary  construction easement on Tax Lot 1 in Block 1546,
 Borough of Brooklyn:
   Beginning   at   the   Point    of    Commencement,    (N=186378.8532,
 E=1009899.0749)  (NAD83) at the corner formed by the intersection of the
 northerly sideline of Fulton Street, an eighty feet width right of  way,
 and  the  easterly  sideline of Eastern Parkway, a one-hundred- and ten-
 feet width right of way, running thence,
   North-easterly along the said easterly sideline of Eastern Parkway,  a
 one-hundred-  and  ten-feet width right of way, 70.74' to a point in the
 S. 9323                             6
 
 same easterly sideline of Eastern Parkway and the Southerly sideline  of
 Truxton Street, a 70 feet width right of way, thence,
   Along  the  southerly  line  of  Truxton  Street in a general easterly
 direction having an interior  angle  of  142°03'22"  with  the  previous
 course  932.30'  along the same said southerly line of Truxton Street to
 the Point of Beginning, thence,
   1) On a line in a general southerly direction having an interior angle
 of 63°43'34" with the previous course 101.74' to a point, thence,
   2) On a line in a general easterly direction having an interior  angle
 of 70°59'29" with the previous course 29.61' to a point, thence,
   3) On a line in a general northerly direction having an interior angle
 of 109°00'31" with the previous course 53.82' to a point, thence,
   4)  On a line in a general easterly direction having an interior angle
 of 270°00'00" with the previous course 27.92' to a point, thence,
   5) On a line in a general southerly direction having an interior angle
 of 270°00'00" with the previous course 10.07, to a point, thence,
   6) On a line in a general easterly direction having an interior  angle
 of 90°05'17" with the previous course 13.21' to a point, thence,
   7) On a line in a general northerly direction having an interior angle
 of 89°50'45" with the previous course 1.50' to a point, thence,
   8)  On a line in a general easterly direction having an interior angle
 of 270°17'55" with the previous course 19.98' to a point, thence,
   9) On a line in a general southerly direction having an interior angle
 of 243°05'37" with the previous course 9.83' to a point, thence,
   10) On a line in a general  southerly  direction  having  an  interior
 angle of 206°39'47" with the previous course 10.30' to a point, thence,
   11) On a line in a general easterly direction having an interior angle
 of 74°49'13" with the previous course 1.53' to a point, thence,
   12)  On  a  line  in  a general southerly direction having an interior
 angle of 285°06'22" with the previous course 40.81' to a point, thence,
   13) On a line in a general easterly direction having an interior angle
 of 70°44'54" with the previous  course  45.92,  to  a  point  along  the
 westerly sideline of Van Sinderen Avenue, a one-hundred feet width right
 of way, thence,
   14)  Along  the  westerly sideline of Van Sinderen Avenue in a general
 northerly direction having an  interior  angle  of  82°50'36"  with  the
 previous course 73.34' to the point of curvature along the same westerly
 sideline of Van Sinderen, now opened at one-hundred feet wide, thence,
   15)  Along  the  arc, having a curve to the left, a radius of 70 feet,
 delta of 89°46'03", arc distance of 109.69' feet to the point of tangen-
 cy along the southerly sideline of Truxton Street, a seventy feet  width
 right of way, thence,
   16)  Along  the southerly sideline of Truxton Street from the point of
 tangency in a general easterly direction 13.42' to the Point  of  Begin-
 ning.
   Said parcel containing 8,564 square feet more or less.
   §  6.  The lands hereby authorized to be dedicated as parklands by the
 city of New York on the terms set forth in section two of this  act  are
 located  in  the county of Kings, city and state of New York and bounded
 and described as follows:
   Portion of Sackman Street abutting Tax Lot 1 in Block 1546, Borough of
 Brooklyn:
   Beginning   at   the   Point    of    Commencement,    (N=186378.8532,
 E=1009899.0749)  (NAD83) at the corner formed by the intersection of the
 northerly line of Fulton Street, an eighty feet width right of way,  and
 S. 9323                             7
 
 the  north-easterly line of Eastern Parkway, a one-hundred- and ten-feet
 width right of way, running thence,
   Easterly along the said northerly sideline of Fulton Street 466.90' to
 the  Point of Beginning on the same northerly sideline of Fulton Street,
 and the easterly sideline of Sackman Street, thence,
   1) Along the easterly sideline of Sackman Street in a general norther-
 ly direction having an interior angle of  74°27'51"  with  the  previous
 course 124.23' to a point along the southerly sideline of Truxton Street
 a 70' width right of way, thence,
   2) Along the southerly sideline of Truxton Street in a general wester-
 ly  direction  having  an  interior angle of 92°50'53" with the previous
 course 80.10' to a point on  the  same  southerly  sideline  of  Truxton
 Street and the westerly sideline of Sackman street, thence,
   3) Along the westerly sideline of Sackman Street in a general souther-
 ly  direction  having  an  interior angle of 87°09'07" with the previous
 course 127.97' to a point along the westerly sideline of Sackman  Street
 and the northerly sideline of Fulton Street, thence,
   4) Along the northerly sideline of Fulton Street in a general easterly
 direction  having  an  interior  angle  of  105°32'08" with the previous
 course 83.03' to the Point of Beginning.
   Said parcel containing 10,968 square feet more or less.
   § 7. The discontinuance of parkland authorized by this act  shall  not
 occur until the city of New York has complied with any applicable feder-
 al  requirements pertaining to the alienation or conversion of the park-
 lands, including satisfying the  secretary  of  the  interior  that  the
 conversion complies with all conditions which the secretary of the inte-
 rior  deems  necessary  to  ensure  the provision of adequate recreation
 properties and  opportunities  of  reasonably  equivalent  location  and
 usefulness.
   § 8. 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 four and five of this act, other than those
 areas described in section four of this act on which structural supports
 are located to support the aerial improvements to  be  constructed,  and
 the lands shall otherwise continue to be used for park purposes.
   § 9. This act shall take effect immediately.