Authorizes the city of New York to discontinue the use as parkland of a portion of real property in the county of New York and to grant easements 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.
STATE OF NEW YORK
________________________________________________________________________
10285--B
IN ASSEMBLY
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 -- 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 easements 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:
1 Section 1. Subject to the provisions of this act, but notwithstanding
2 any provision of law to the contrary, the city of New York is hereby
3 authorized to discontinue permanently the use as parkland certain
4 subsurface portions of the lands described in section three of this act
5 and to discontinue temporarily the use as parkland the lands described
6 in section four of this act and to grant easements to the metropolitan
7 transportation authority, upon such terms and conditions as the city
8 shall determine, to enable the New York city transit authority, an
9 affiliate of the metropolitan transportation authority, to use such
10 lands for the construction of vertical and horizontal circulation
11 elements, including corridors, ramps, elevators, stairs, and supporting
12 infrastructure adjacent to the existing 168 Street subway stations on
13 the A, C, and 1 subway lines to provide handicap accessible improvements
14 and other upgrades, including improved emergency egress capacity.
15 § 2. The authorization provided in section one of this act shall be
16 effective only upon the condition that the city of New York dedicates an
17 amount equal to or greater than the fair market value of the parklands
18 being discontinued towards the acquisition of new parklands and/or capi-
19 tal improvements to existing parklands and recreational facilities with-
20 in the borough of Manhattan.
21 § 3. The lands hereby authorized by section one of this act to be
22 discontinued as parkland and granted as a subsurface easement to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15723-06-2
A. 10285--B 2
1 metropolitan transportation authority are located in the city, county
2 and state of New York in a park known as the Mitchel Square and Broadway
3 Mall are bounded and described as follows:
4 Permanent subsurface easement 1 at Broadway Mall (Passageway) located
5 at the center median of Broadway, Borough of Manhattan:
6 Beginning at a point (N=245589.52, E=1000840.51) (NAD83) at the
7 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86 feet
8 from the intersection of the westerly street line of Broadway with the
9 southerly street line of W. 168 Street, running thence,
10 1) S.60°58'46"E. a distance of 15.95 feet to the easterly line of
11 Broadway Mall, thence,
12 2) S.29°01'14"W. along the easterly line of Broadway Mall a distance
13 of 30.00 feet, thence,
14 3) N.60°58'46"W. a distance of 15.95 feet to the westerly line of
15 Broadway Mall, thence
16 4) N.29°01'14"E. along the westerly line of Broadway Mall a distance
17 of 30.00 feet to the Point of Beginning.
18 The easement described above begins at an elevation of 167.64
19 feet(NAVD 1988) and has no lower limit.
20 Said parcel containing 479 square feet of land more or less.
21 Permanent subsurface easement 2 at Mitchel Square (Egress Stairs) on
22 Tax Lot 65 in Block 2124, Borough of Manhattan:
23 Beginning at a point (N=245537.62, E=1000877.44)(NAD83) at the easter-
24 ly street line of Broadway being situate S.14°02'22"E., 177.92 feet from
25 the intersection of the westerly street line of Broadway with the south-
26 erly street line of W. 168 Street, running thence,
27 1) S.61°17'06"E. a distance of 14.15 feet, thence,
28 2) S.28°42'54"W. a distance of 14.32 feet, thence,
29 3) S.61°17'06"E. a distance of 29.75 feet, thence,
30 4) N.28°42'54"E. a distance of 13.50 feet, thence,
31 5) S.61°17'06"E. a distance of 12.81 feet to the westerly Street Line
32 of St. Nicholas Avenue, thence,
33 6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue
34 a distance of 24.13 feet, thence,
35 7) S.28°42'54"W. a distance of 6.28 feet, thence,
36 8) N.61°17'06"W. a distance of 61.34 feet to the easterly street line
37 of Broadway, thence,
38 9) N.24°00'59"E. along the easterly street line of Broadway a distance
39 of 30.25 feet to the Point of Beginning.
40 The easement described above begins at an elevation of 167.64
41 feet(NAVD 1988) and has no lower limit.
42 Said parcel containing 1,362 square feet of land more or less.
43 Permanent subsurface easement 3 at Mitchel Square (Elevator Shaft) on
44 Tax Lot 65 in Block 2124, Borough of Manhattan:
45 Beginning at a point (N=245530.10, E=1000889.45) (NAD83) being situate
46 S.17°01'48"E., 188.38 feet from the intersection of the westerly street
47 line of Broadway with the southerly street line of W. 168 Street,
48 running thence,
49 1) S.61°17'06"E. a distance of 29.75 feet, thence,
50 2) S.28°42'54"W. a distance of 13.50 feet, thence,
51 3) N.61°17'06"W. a distance of 29.75 feet, thence,
52 4) N.28°42'54"E. a distance of 13.50 feet to the Point of
53 Beginning.
54 The easement described above begins at an elevation of 170.64
55 feet(NAVD 1988) and has no lower limit.
56 Said parcel containing 402 square feet of land more or less.
A. 10285--B 3
1 Permanent subsurface easement 4 at Mitchel Square (Passageway) on Tax
2 Lot 65 in Block 2124, Borough of Manhattan:
3 Beginning at a point (N=245536.75, E=1000908.37) (NAD83) being situate
4 S.23°07'39"E., 188.64 feet from the intersection of the westerly street
5 line of Broadway with the southerly street line of W. 168 Street,
6 running thence,
7 1) S.61°17'06"E. a distance of 24.56 feet to the Westerly Street Line
8 of St. Nicholas Avenue, thence,
9 2) S.11°34'21"W. along the westerly Street Line of St. Nicholas Avenue
10 a distance of 15.61 feet, thence,
11 3) N.61°17'06"E. a distance of 29.16 feet, thence,
12 4) N.28°42'54"E. a distance of 14.92 feet to the Point of Beginning.
13 The easement described above begins at an elevation of 167.64
14 feet(NAVD 1988) and has no lower limit.
15 Said parcel containing 401 square feet of land more or less.
16 § 4. The lands hereby authorized by section one of this act to be
17 discontinued temporarily as parkland and granted as a temporary easement
18 to metropolitan transportation authority for use by the New York city
19 transit authority in connection with the construction of the improve-
20 ments are located in the city, county and state in New York in parks
21 known as Mitchel Square and Broadway Mall and are bounded and described
22 as follows:
23 Temporary easement 1 (Passageway) at Broadway Mall located at the
24 center median of Broadway, Borough of Manhattan:
25 Beginning at a point (N=245589.52, E=1000840.51) (NAD83) at the
26 westerly line of Broadway Mall being situate S.02°57'09"E., 120.86 feet
27 from the intersection of the westerly street line of Broadway with the
28 southerly street line of W. 168 Street, running thence,
29 1) S.60°58'46"E. a distance of 15.95 feet to the easterly line of
30 Broadway Mall, thence,
31 2) S.29°01'14"W. along the easterly line of Broadway Mall a distance
32 of 30.00 feet, thence,
33 3) N.60°58'46"W. a distance of 15.95 feet to the westerly line of
34 Broadway Mall, thence,
35 4) N.29°01'14"E. along the westerly line of Broadway Mall a distance
36 of 30.00 feet to the Point of Beginning.
37 Said parcel containing 479 square feet of land more or less.
38 Temporary easement 2 on Tax Lot 65 in Block 2124, Mitchel Square,
39 Borough of Manhattan:
40 Beginning at a point (N=245497.23, E=1000859.45) (NAD83) at the east-
41 erly street line of Broadway being situate S.06°44'20"E., 214.47 feet
42 from the intersection of the westerly street line of Broadway with the
43 southerly street line of W. 168 Street, running thence,
44 1) N.24°00'59"E. along the easterly street line of Broadway a distance
45 of 61.69 feet, thence,
46 2) N.29°01'14"E. along the easterly street line of Broadway a distance
47 of 63.00 feet, thence,
48 3) In a generally easterly direction along a tangent curve to the
49 right having a delta angle of 90°, an arc length of 18.85 feet and a
50 radius of 12.00 feet, thence,
51 4) S.60°58'46"E. a distance of 8.25 feet, thence,
52 5) In a generally southerly direction along a tangent curve to the
53 right having a delta angle of 72°22'08", an arc length of 15.16 feet and
54 a radius of 12.00 feet to the westerly street line of St. Nicholas
55 Avenue, thence,
A. 10285--B 4
1 6) S.11°34'21"W. along the westerly street line of St. Nicholas Avenue
2 a distance of 133.86 feet, thence,
3 7) N.61°17'06"W. through Mitchel Square a distance of 66.42 feet to
4 the Point of Beginning.
5 Said parcel containing 6,664 square feet of land more or less.
6 § 5. In the event that the city of New York received any funding,
7 support or assistance from the federal government for the purchase,
8 maintenance or improvement of the parklands set forth in sections three
9 and four of this act, the discontinuance and alienation of such parkland
10 authorized by the provisions of this act shall not occur until the city
11 of New York has complied with any federal requirements pertaining to the
12 alienation or conversion of such parklands, including satisfying the
13 secretary of the interior that the alienation or conversion complies
14 with all conditions which the secretary of the interior deems necessary
15 to assure the substitution of other lands shall be equivalent in fair
16 market value and usefulness to the lands being alienated or converted.
17 § 6. Upon the completion of construction, the metropolitan transporta-
18 tion authority shall, in agreement with the city of New York and in
19 consultation with the local community board, restore the surface of the
20 lands described in sections three and four of this act and the lands
21 shall continue to be used for park purposes.
22 § 7. This act shall take effect immediately.
