Bill Text: NY A11158 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes an airport mass transit project at LaGuardia airport.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-06-25 - signed chap.78 [A11158 Detail]
Download: New_York-2017-A11158-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11158 IN ASSEMBLY June 11, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Aubry) -- (at request of the Governor) -- read once and referred to the Commit- tee on Cities AN ACT to amend the transportation law and the highway law, in relation to authorizing an airport mass transit project at LaGuardia airport; and providing for the repeal of such provisions upon expiration there- of The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. LaGuardia airport is a pillar of New 2 York state's transportation network and a key driver of economic growth 3 throughout the state and the country. However, LaGuardia airport remains 4 the only major regional airport without a direct rail link. The lack of 5 public transit options forces passengers to rely heavily on private 6 cars, for-hire-vehicles and taxis to reach the airport, which in turn 7 results in higher levels of regional traffic congestion, unpredictable 8 travel time to LaGuardia airport and potential adverse environmental 9 effects. To support this important airport access mass transit project, 10 this act would authorize the acquisition of property interests necessary 11 for the landing of guideway support columns and siting of ancillary 12 facilities for airport access mass transit equipment maintenance, park- 13 ing for persons using the airport access mass transit facility and addi- 14 tional limited purposes directly related to the operation of an airport 15 access mass transit project, temporary laydown and construction areas, 16 and air rights related to an elevated guideway and related entry, exit 17 and crossing points for pedestrians and vehicles, and utilization by the 18 New York state department of transportation or the transfer to the Port 19 Authority of New York and New Jersey and certain other parties, in 20 either case to permit construction, use, occupancy, operation and main- 21 tenance of the airport access mass transit facility; provided however, 22 this legislation does not authorize acquisition of property interests 23 for a self-standing facility constructed to house premises for automo- 24 bile rental operations. The legislature finds and declares that it is a 25 substantial state concern, with an impact well beyond a single munici- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12053-12-8A. 11158 2 1 pality, to ensure access to safe and reliable mass transit to LaGuardia 2 airport, a major transportation hub relied upon by people throughout the 3 state. 4 § 2. Subdivision 1 of section 14-d of the transportation law is 5 amended by adding a new paragraph d to read as follows: 6 d. to acquire by eminent domain, pursuant to the eminent domain proce- 7 dure law and section thirty of the highway law, any property, property 8 rights or property interests, including easements, air rights and 9 subsurface rights, whether or not now or previously designated as park- 10 land, or otherwise dedicated to a public use as parkland, (hereinafter 11 "property interests"), and, provided with respect to real property now 12 or previously designated as parkland, just compensation therefor shall 13 be calculated as an amount equal to the appraised fair market value of 14 the parkland being discontinued, and further provided only to the extent 15 that such property interests are, in the judgement of the commissioner, 16 necessary for the construction, use, occupancy, operation, and mainte- 17 nance of an airport access mass transit facility for LaGuardia airport 18 via elevated guideway, and related ancillary facilities for airport 19 access mass transit maintenance, parking for persons using the airport 20 access mass transit facility and additional limited purposes directly 21 related to operation of an airport access mass transit project, tempo- 22 rary laydown and construction areas, and air rights and subsurface 23 rights related to an elevated guideway, including appropriate entry and 24 exit points for users of the airport access mass transit facility and 25 any property interests necessary for an adjustment of the piers support- 26 ing the pedestrian bridges crossing the Grand Central Parkway to main- 27 tain accessibility, and any vehicle entry and exit points to the Grand 28 Central Parkway located along either side of the corridor, in all cases 29 running along a route from LaGuardia airport on or near the Grand 30 Central Parkway, thence along the edge of the Citi Field parking lot 31 previously alienated for stadium use, next alongside the existing 32 elevated track for the No. 7 subway and terminating at subway rail yards 33 and other transportation staging and storage areas within a corridor 34 more specifically defined pursuant to section three hundred forty-nine-g 35 of the highway law; and to utilize, or sell, lease, contract, or other- 36 wise transfer the acquired property interests together with property 37 interests it otherwise holds and/or grant easements, licenses, permits, 38 concessions or other authorizations, to the Port Authority of New York 39 and New Jersey to facilitate the construction (including temporary 40 laydown), and permanent use, occupancy, operation, and maintenance of 41 the airport access mass transit facility, related ancillary facilities 42 for airport access mass transit maintenance, parking for persons using 43 the airport access mass transit facility and additional limited purposes 44 directly related to operation of an airport access mass transit project; 45 provided however, this subdivision does not authorize acquisition of 46 property interests for a self-standing facility constructed to house 47 premises for automobile rental operations. 48 § 3. The highway law is amended by adding a new section 349-g to read 49 as follows: 50 § 349-g. Airport access mass transit for LaGuardia airport. (a) 51 Notwithstanding any other provision of law, general, special, charter or 52 local, and consistent with section fourteen-d of the transportation law, 53 if a property acquisition pursuant to this section occurs by eminent 54 domain, the commissioner of transportation shall have the authority to 55 acquire any property, property rights, or property interests, including 56 easements, air rights and subsurface rights whether or not now or previ-A. 11158 3 1 ously designated as parkland or otherwise dedicated to a public use as 2 parkland (hereinafter referred to as "property interests"), but only to 3 the extent that such property interests are, in the judgment of the 4 commissioner, necessary for the construction, use, occupancy, operation, 5 and maintenance of an airport access mass transit facility via an 6 elevated guideway for LaGuardia airport and related ancillary facilities 7 for airport access mass transit maintenance, parking for persons using 8 the airport access mass transit facility and additional limited purposes 9 directly related to operation of an airport access mass transit project 10 and additional limited purposes directly related to the operation of an 11 airport access mass transit project, temporary laydown and construction 12 areas and air rights and subsurface rights related to an elevated guide- 13 way, including appropriate entry and exit points for users of the 14 airport access mass transit facility and any property interests neces- 15 sary for an adjustment of the piers supporting the pedestrian bridges 16 crossing the Grand Central Parkway to maintain accessibility, and any 17 vehicle entry and exit points to the Grand Central Parkway located along 18 either side of the corridor, running along a route from LaGuardia 19 airport on or near the Grand Central Parkway, thence along the edge of 20 the Citi Field parking lot previously alienated for stadium use, next 21 alongside the existing elevated track for the No. 7 subway and terminat- 22 ing at subway rail yards and other transportation staging and storage 23 areas within a corridor more specifically defined pursuant to subdivi- 24 sion (b) of this section; and to utilize or sell, lease, contract, or 25 otherwise transfer the acquired property interests together with proper- 26 ty interests the commissioner otherwise holds and/or grant easements, 27 licenses, permits, concessions or other authorizations, to the Port 28 Authority of New York and New Jersey, to facilitate the construction 29 (including temporary laydown), and permanent use, occupancy, operation, 30 and maintenance of the airport access mass transit facility and related 31 ancillary facilities for airport access transit maintenance, parking for 32 persons using the airport access transit facility and additional limited 33 purposes directly related to operation of an airport access mass transit 34 project, and additional limited purposes directly related to operation 35 of an airport access mass transit project including appropriate entry 36 and exit points for users of the mass transit facility and any property 37 interests necessary for an adjustment of the piers supporting the pedes- 38 trian bridges crossing the Grand Central Parkway to maintain accessibil- 39 ity, and any vehicle entry and exit points to the Grand Central Parkway 40 located along either side of the corridor, and temporary use for laydown 41 and construction purposes; provided however, this section does not 42 authorize acquisition of property interests for a self-standing facility 43 constructed to house premises for automobile rental operations. 44 (b) The corridor defined in subdivision (a) of this section, where the 45 acquisition of such property, property rights, or property interests 46 referred to in this section may occur, is more particularly described as 47 follows: 48 (i) The following parcels shall be included within a corridor within 49 which acquisition of permanent property interests may be acquired for 50 purposes of this section and paragraph d of subdivision one of section 51 fourteen-d of the transportation law: 52 (A) Parcel A 53 All that certain tracts or parcels of land located in the Borough of 54 Queens, State of New York, bounded and described as follows: 55 Tract 1 - Grand Central ParkwayA. 11158 4 1 Beginning at a point in the easterly right of way line of Ditmars Boule- 2 vard at the southwest corner of Tax Map Lot 50 Block 1641, thence along 3 a line North 15°-10'-31" East, a distance of 493.53' to a point within 4 the westerly line of Tax Map Lot 1 Block 926, and from said point of 5 beginning running thence: 6 1. Within the westbound lanes of the Grand Central Parkway South 7 07°-53'-31" East, a distance of 114.46' to a point within the westbound 8 lanes of the Grand Central Parkway 9 2. Within the westbound lanes of the Grand Central Parkway South 10 39°-25'-56" East, a distance of 338.44' to a point in the westbound 11 lanes of the Grand Central Parkway, thence; 12 3. Within said lands the following six courses; South 34°-46'-30" 13 East, a distance of 596.00' to a point in the westbound lanes of the 14 Grand Central Parkway, thence; 15 4. South 32°-52'-42" East, a distance of 284.58' to a point in the 16 westbound lanes of the Grand Central Parkway, thence; 17 5. South 31°-22'-20" East, a distance of 270.24' to a point in the 18 westbound lanes of the Grand Central Parkway, thence; 19 6. South 31°-20'-42" East, a distance of 561.27' to a point in the 20 westbound lanes of the Grand Central Parkway, thence; 21 7. South 31°-24'-15" East, a distance of 479.68' to a point in the 22 westbound lanes of the Grand Central Parkway, thence; 23 8. South 34°-12'-57" East, a distance of 122.82' to a point in the 24 westbound lanes of the Grand Central Parkway, thence; 25 9. Within said lands and through the westbound lanes of the Grand 26 Central Parkway South 47°-22'-46" West, a distance of 81.54' to a point 27 in the eastbound lanes of the Grand Central Parkway, thence; 28 10. Within the eastbound lanes of the Grand Central Parkway on a curve 29 to the left, having a radius of 1795.88', an arc length of 814.04', a 30 central angle of 25°-58'-16", and whose chord bears South 49°-41'-11" 31 East, a distance of 807.08' to a point in the eastbound lanes of the 32 Grand Central Parkway, thence; 33 11. Within the eastbound lanes of the Grand Central Parkway on a curve 34 to the right, having a radius of 4175.45', an arc length of 369.28', a 35 central angle of 05°-04'-02", and whose chord bears South 60°-46'-11" 36 East, a distance of 369.16' to a point in the eastbound lanes of the 37 Grand Central Parkway, thence; 38 12. Through the westbound lanes of Grand Central Parkway and waters of 39 Flushing Bay North 18°-38'-40" East, a distance of 1016.75' to a point 40 in the waters of Flushing Bay, thence; 41 13. Within the waters of Flushing Bay North 45°-38'-00" West, a 42 distance of 2406.73' to a point in the waters of Flushing Bay said point 43 also being in the southerly line of Tax Map Lot 1 Block 926, thence; 44 14. Along the southerly line of Tax Map Lot 1 Block 926 South 45 40°-14'-47" West, a distance of 458.89' to a point in the westerly line 46 of Tax Map Lot 1 Block 926, thence; 47 15. Along the westerly line of Tax Map Lot 1 Block 926 North 48 39°-47'-03" West, a distance of 685.00' to a point in the westerly line 49 of Tax Map Lot 1 Block 926, thence; 50 16. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to 51 the left, having a radius of 9711.30', an arc length of 342.94', a 52 central angle of 02°-01'-24", and whose chord bears North 40°-47'-45" 53 West, a distance of 342.93' to a point in the westerly line of Tax Map 54 Lot 1 Block 926 also the point and place of beginning and containing a 55 calculated areas of 2,388,737.04 SF or 54.837 acres. 56 (B) Parcel BA. 11158 5 1 All that certain tracts or parcels of land located in the Grand Central 2 Parkway, Borough of Queens, State of New York, bounded and described as 3 follows: 4 Beginning at a point at the intersection formed by the easterly right of 5 way line of 114th Street and the northerly right of way line of Roose- 6 velt Avenue, thence along a line North 23°-03'-48" East, a distance of 7 575.33' to a point within the westerly line of Tax Map Lot 20 Block 8 1787, and from said point of beginning running thence: 9 1. Through the westbound lanes of the Grand Central Parkway on a curve 10 to the right, having a radius of 1200', an arc length of 472.65', a 11 central angle of 22°-34'-02", and whose chord bears North 46°-30'-24" 12 West, a distance of 469.60' to a point in the median of the Grand 13 Central Parkway, thence; 14 2. Within said lands the following three courses, North 07°-32'-34" 15 West, a distance of 806.64' to a point in the median of the Grand 16 Central Parkway, thence; 17 3. On a curve to the left, having a radius of 956.60', an arc length 18 of 1069.45', a central angle of 64°-03'-18", and whose chord bears North 19 33°-04'-05" West, a distance of 1014.62' to a point in the median of the 20 Grand Central Parkway, thence; 21 4. North 61°-01'-46" West, a distance of 279.45' to a point in the 22 median of the Grand Central Parkway, said point also being the easterly 23 line of lands owned by the New York State Department of Transportation, 24 thence; 25 5. Along the easterly line of same, North 18°-38'-40" East, a distance 26 of 1016.75' to a point in the waters of Flushing Bay, thence; 27 6. Within the waters of Flushing Bay South 45°-38'-00" East, a 28 distance of 1092.05' to a point in the waters of Flushing Bay, said 29 point also being the westerly line of Tax Map Lot 65 Block 789, thence; 30 7. Along the westerly line of same South 05°-02'-52" East, a distance 31 of 456.35' to a point in the westerly line of Tax Map Lot 65 Block 789, 32 thence; 33 8. Within the Grand Central Parkway South 04°-53'-32" West, a distance 34 of 1348.61' to a point in the median of the Grand Central Parkway, 35 thence; 36 9. Through the westbound lanes of the Grand Central Parkway South 37 28°-11'-29" East, a distance of 427.88' to a point within the westerly 38 line of Tax Map Lot 20 Block 1787, thence; 39 10. Along the westerly line of same, South 05°-00'-28" East, a 40 distance of 133.39 to the point and place of beginning and containing a 41 calculated areas of 1,375,044.58 SF or 31.566 acres. 42 (C) Parcel C 43 All that certain tracts or parcels of land located in the Borough of 44 Queens, State of New York, bounded and described as follows: 45 Beginning at a point at the intersection formed by the easterly right of 46 way line of 114th Street and the northerly right of way line of Roose- 47 velt Avenue, thence along a line North 23°-03'-48" East, a distance of 48 575.33' to a point within the westerly line of Tax Map Lot 20 Block 49 1787, and from said point of beginning running thence: 50 1. Along the westerly line of same, North 05°-00'-28" West, a distance 51 of 133.39 to a point within the westerly line of Tax Map Lot 20 Block 52 1787, thence; 53 2. Within Tax Map Lot 20 Block 1787, South 59°-56'-38" East, a 54 distance of 584.20' to a point in Lot 20 Block 1787, thence;A. 11158 6 1 3. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South 2 86°-10'-42" East, a distance of 420.78' to a point in Tax Map Lot 1500 3 Block 2018, thence; 4 4. Within said lands, North 68°-23'-55" East, a distance of 607.27' to 5 a point in Tax Map Lot 1500 Block 2018, thence; 6 5. Within said lands, North 21°-35'-11" West, a distance of 16.75' to 7 a point in the southerly right of way line of Roosevelt Avenue, thence; 8 6. Along the southerly line of same, North 68°-25'-28" East, a 9 distance of 1025.26' to a point formed by the intersection of the east- 10 erly right of way line of 126th Street and the southerly right of way 11 line of Roosevelt Avenue, thence; 12 7. Along the easterly right of way line of 126th Street, South 13 21°-35'-11" East, a distance of 259.05' to a point in the easterly right 14 of way line of 126th Street, thence; 15 8. Along the northerly line of Tax Map Lot 1000 Block 2018, South 16 68°-25'-28" West, a distance of 610.51' to a point in the northerly line 17 of Tax Map Lot 1000 Block 2018, thence; 18 9. Along the northerly line of same, South 68°-30'-37" West, a 19 distance of 230.61' to a point in the northerly line of Tax Map Lot 1000 20 Block 2018, thence; 21 10. Within Tax Map Lot 1500 Block 2018, North 72°-41'-52" West, a 22 distance of 207.77' to a point in Tax Map Lot 1500 Block 2018, thence; 23 11. Within Tax Map Lot 1500 Block 2018, South 68°-23'-55" West, a 24 distance of 917.78' to a point in Tax Map Lot 1500 Block 2018, thence; 25 12. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax 26 Map Lot 20 Block 1787, North 59°-56'-38" West, a distance of 793.76' to 27 the point and place of beginning and containing a calculated areas of 28 458,276.64 SF or 10.520 acres. 29 (D) Parcel D 30 All that certain tracts or parcels of land located in the Borough of 31 Queens, State of New York, bounded and described as follows: 32 Beginning at a point at the intersection formed by the intersection of 33 the easterly right of way line of 126th Street and the southerly right 34 of way line of Roosevelt Avenue, and from said point of beginning 35 running thence: 36 1. Along the southerly right of way line of Roosevelt Avenue, North 37 68°-30'-18" East, a distance of 420.90' to a point in the southerly 38 right of way line of Roosevelt Avenue, thence; 39 2. Along the southerly right of way line of Roosevelt Avenue, North 40 62°-00'-28" East, a distance of 263.59' to a point in the southerly 41 right of way line of Roosevelt Avenue, thence; 42 3. Within Tax Map Lot 300 Block 2018 South 21°-35'-11" East, a 43 distance of 244.87' to a point in Lot 300 Block 2018, thence; 44 4. Through Tax Map Lot 300 Block 2018 and Tax Map Lot 75 Block 2018 45 South 68°-30'-18" West, a distance of 682.85' to a point in the easterly 46 right of way line of 126th Street, thence; 47 5. Along the easterly right of way line of 126th Street, North 48 21°-35'-11" West, a distance of 215.05' to a point in the easterly right 49 of way line of 126th Street to the point and place of beginning and 50 containing a calculated areas of 150,750.81 SF or 3.46 acres. 51 (E) Parcel E 52 All that certain tracts or parcels of land located in the Borough of 53 Queens, State of New York, bounded and described as follows: 54 Beginning at a point at the intersection formed by the intersection of 55 the westerly right of way line of 126th Street and the southerly right 56 of way line of Roosevelt Avenue, thence along the westerly right of wayA. 11158 7 1 line of 126th Street South 21°-35'-11" East, a distance of 259.05' to a 2 point within the northerly line of Tax Map Lot 1000 Block 2018, thence 3 along the northerly line of Tax Map Lot 1000 Block 2018 South 4 68°-25'-28" West, a distance of 610.51' to a point within the northerly 5 line of Lot 1000 Block 2018, and from said point of beginning running 6 thence: 7 1. Within Tax Map Lot 1000 Block 2018, South 05°-44'-59" West, a 8 distance of 37.85' to a point in Tax Map Lot 1000 Block 2018, thence; 9 2. Within said lands the following two courses, South 21°-02'-11" 10 East, a distance of 96.44' to a point in Tax Map Lot 1000 Block 2018, 11 thence; 12 3. South 47°-44'-48" East, a distance of 127.09' to a point in Tax Map 13 Lot 1000 Block 2018, thence; 14 4. Through Tax Map Lot 1000 Block 2018 and Tax Map Lot 350R Block 2018 15 South 38°-51'-17" East, a distance of 330.15' to a point in the norther- 16 ly line of Tax Map Lot 300R Block 2018, thence; 17 5. Along the northerly line of Tax Map Lot 300R Block 2018 South 18 65°-11'-49" West, a distance of 182.95' to a point in the northerly line 19 of Tax Map Lot 300R Block 2018, thence; 20 6. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block 2018 21 North 38°-51'-17" West, a distance of 556.87' to a point within Tax Map 22 Lot 1000 Block 2018, thence; 23 7. Within Tax Map Lot 1000 Block 2018 North 47°-13'-34" West, a 24 distance of 42.46' to a point along the southerly line of Tax Map Lot 25 1500 Block 2018, thence; 26 8. Along the southerly line of Tax Map Lot 1500 Block 2018 North 27 68°-30'-37" East, a distance of 230.61' to the point and place of begin- 28 ning and containing a calculated areas of 104,235.19 SF or 2.392 acres. 29 (ii) The following parcels shall be included within a corridor within 30 which acquisition of temporary property interests may be acquired for 31 purposes of this section three hundred forty-nine-g and paragraph d of 32 subdivision one of section fourteen-d of the transportation law: 33 (A) Parcel A 34 All that certain tracts or parcels of land located in the Borough of 35 Queens, State of New York, bounded and described as follows: 36 Beginning at a point in the easterly right of way line of Ditmars Boule- 37 vard at the southwest corner of Tax Map Lot 50 Block 1641, thence along 38 a line North 12°-36'-04" East, a distance of 509.49' to a point within 39 the westerly line of Tax Map Lot 1 Block 926, and from said point of 40 beginning running thence: 41 1. Within the westbound lanes of the Grand Central Parkway South 42 07°-53'-31" East, a distance of 141.88' to a point in the westbound 43 lanes of the Grand Central Parkway, thence; 44 2. Within the westbound lanes of the Grand Central Parkway South 45 39°-25'-56" East, a distance of 342.06' to a point in the westbound 46 lanes of the Grand Central Parkway, thence; 47 3. Within said lands the following six courses; South 34°-46'-30" 48 East, a distance of 595.14' to a point in the westbound lanes of the 49 Grand Central Parkway, thence; 50 4. South 32°-52'-42" East, a distance of 284.13' to a point in the 51 westbound lanes of the Grand Central Parkway, thence; 52 5. South 31°-22'-20" East, a distance of 270.04' to a point in the 53 westbound lanes of the Grand Central Parkway, thence; 54 6. South 31°-20'-42" East, a distance of 561.27' to a point in the 55 westbound lanes of the Grand Central Parkway, thence;A. 11158 8 1 7. South 31°-24'-15" East, a distance of 480.06' to a point in the 2 westbound lanes of the Grand Central Parkway, thence; 3 8. South 34°-13'-04" East, a distance of 110.24' to a point in the 4 westbound lanes of the Grand Central Parkway, thence; 5 9. Through the westbound lanes of the Grand Central Parkway South 6 47°-22'-46" West, a distance of 82.07", to a point in the eastbound 7 lanes of the Grand Central Parkway, thence; 8 10. Within the eastbound lanes of the Grand Central Parkway on a curve 9 to the left, having a radius of 1778.30', an arc length of 834.73', a 10 central angle of 26°-53'-40", and whose chord bears South 49°-28'-25" 11 East, a distance of 827.08' to a point in the eastbound lanes of the 12 Grand Central Parkway, thence; 13 11. Within the eastbound lanes of the Grand Central Parkway on a curve 14 to the right, having a radius of 4238.74", an arc length of 371.50', a 15 central angle of 05°-01'-18", and whose chord bears South 60°-46'-13" 16 East, a distance of 371.38' to a point in the eastbound lanes of the 17 Grand Central Parkway, thence; 18 12. Through the westbound lanes of Grand Central Parkway and waters of 19 Flushing Bay North 18°-38'-40" East, a distance of 1054.19' to a point 20 in the waters of Flushing Bay, thence; 21 13. Within the waters of Flushing Bay North 45°-38'-00" West, a 22 distance of 2330.21' to a point in the waters of Flushing Bay said point 23 also being in the southerly line of Tax Map Lot 1 Block 926, thence; 24 14. Along the southerly line of Tax Map Lot 1 Block 926 North 25 62°-16'-56" West, a distance of 69.81' to a point in the southerly line 26 of Tax Map Lot 1 Block 926, thence; 27 15. Along the southerly line of Tax Map Lot 1 Block 926 South 28 40°-14'-47" West, a distance of 458.89' to a point in the westerly line 29 of Tax Map Lot 1 Block 926, thence; 30 16. Along the westerly line of Tax Map Lot 1 Block 926 North 31 39°-47'-03" West, a distance of 685.00' to a point in the westerly line 32 of Tax Map Lot 1 Block 926, thence; 33 17. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to 34 the left, having a radius of 9711.30', an arc length of 342.94', a 35 central angle of 02°-01'-24", and whose chord bears North 40°-47'-45" 36 West, a distance of 342.93' to a point in the westerly line of Tax Map 37 Lot 1 Block 926, thence; 38 18. Along the westerly line of Tax Map Lot 1 Block 926 North 39 40°-47'-45" West, a distance of 27.61' to a point in the westerly line 40 of Tax Map Lot 1 Block 926, also the point and place of beginning and 41 containing a calculated areas of 2,497,386.76 SF or 57.332 acres. 42 (B) Parcel B 43 All that certain tracts or parcels of land located in the Grand Central 44 Parkway, Borough of Queens, State of New York, bounded and described as 45 follows: 46 Beginning at a point at the intersection formed by the easterly right of 47 way line of 114th Street and the northerly right of way line of Roose- 48 velt Avenue, thence along a line North 24°-39'-00" East, a distance of 49 547.13' to a point within the westerly line of Tax Map Lot 20 Block 50 1787, and from said point of beginning running thence: 51 1. Through the westbound lanes of the Grand Central Parkway South 52 77°-38'-22" West, a distance of 287.24', to a point within the median of 53 the Grand Central Parkway, thence; 54 2. Within the median of the Grand Central Parkway the following two 55 courses; North 10°35'14" West, a distance of 1045.10', to a point in the 56 median of the Grand Central Parkway, thence;A. 11158 9 1 3. Within the Grand Central Parkway on a curve to the left, having a 2 radius of 1993.67', an arc length of 1428.31', a central angle of 3 41°02'53", and whose chord bears North 33°54'06" West, a distance of 4 1397.96', to a point in the eastbound lanes of the Grand Central Park- 5 way, said point also being the easterly line of lands owned by the New 6 York State Department of Transportation, thence; 7 4. Along the easterly line of lands owned by the New York State 8 Department of Transportation, North 18°-38'-40" East, a distance of 9 1054.19' to a point within the waters of Flushing Bay, thence; 10 5. Within the waters of Flushing Bay South 45°-38'-00" East, a 11 distance of 1109.08', to a point in the waters of Flushing Bay, said 12 point also being within Tax Map Lot 65 Block 1789, thence; 13 6. Within the waters of Flushing Bay South 05°-02'-53" East, a 14 distance of 465.40', to a point within Tax Map Lot 65 Block 1789, 15 thence; 16 7. Within the Grand Central Parkway South 04°-53'-30" West, a distance 17 of 1336.32', to a point in the median of the Grand Central Parkway, 18 thence; 19 8. Through the westbound lanes of the Grand Central Parkway, South 20 76°-53'-58" East, a distance of 198.10', to a point in the westerly line 21 of Tax Map Lot 20 Block 1787, thence; 22 9. Along the westerly line of same, the following three courses; South 23 03°-28'-07" West, a distance of 240.75', to a point in the westerly line 24 of Tax Map Lot 20 Block 1787, thence; 25 10. South 01°-26'-38" East, a distance of 104.30', to a point in the 26 westerly line of Tax Map Lot 20 Block 1787, thence; 27 11. South 05°-00'-28" East, a distance of 165.58', to the point and 28 place of beginning and containing a calculated areas of 1,699,154.25 SF 29 or 39.007 acres. 30 (C) Parcel C 31 All that certain tracts or parcels of land located in the Borough of 32 Queens, State of New York, bounded and described as follows: 33 Beginning at a point at the intersection formed by the easterly right of 34 way line of 114th Street and the northerly right of way line of Roose- 35 velt Avenue, thence along a line North 24°-39'-00" East, a distance of 36 547.13' to a point within the westerly line of Tax Map Lot 20 Block 37 1787, and from said point of beginning running thence: 38 1. Along the westerly line of same the following two course; North 39 05°-00'-28" West, a distance of 165.58', to a point within the westerly 40 line of Tax Map Lot 20 Block 1787, thence; 41 2. North 01°-26'-38" West, a distance of 104.30', to a point within 42 the westerly line of Tax Map Lot 20 Block 1787, thence; 43 3. Within Tax Map Lot 20 Block 1787, South 59°-56'-38" East, a 44 distance of 163.06', to a point in Lot 20 Block 1787, thence; 45 4. Within Tax Map Lot 20 Block 1787, North 68°-47'-17" East, a 46 distance of 198.49', to a point in Lot 20 Block 1787, thence; 47 5. Within Tax Map Lot 20 Block 1787, South 22°-21'-18" East, a 48 distance of 381.93', to a point in Lot 20 Block 1787, thence; 49 6. Within Tax Map Lot 20 Block 1787, South 59°-56'-38" East, a 50 distance of 48.54', to a point in Lot 20 Block 1787, thence; 51 7. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South 52 86°-10'-42" East, a distance of 398.17', to a point in the northerly 53 line of Tax Map Lot 1500 Block 2018, said point also being in the south- 54 erly right of way line of Roosevelt Avenue, thence;A. 11158 10 1 8. Along the southerly right of way line of Roosevelt Avenue North 2 68°-23'-55" East, a distance of 609.39', to a point in the southerly 3 right of way line of Roosevelt Avenue, thence; 4 9. Within Roosevelt Avenue, North 21°-35'-11" West, a distance of 5 10.14', to a point within Roosevelt Avenue, thence; 6 10. Within Roosevelt Avenue North 68°-25'-28" East, a distance of 7 1035.26', to a point within Roosevelt Avenue, thence; 8 11. Within Roosevelt Avenue and along the easterly right of way line 9 of 126th Street, South 21°-35'-11" East, a distance of 289.03', to a 10 point within Tax Map Lot 1000 Block 2018, thence; 11 12. Within Tax Map Lot 1000 Block 2018, South 68°-25'-28" West, a 12 distance of 620.84', to a point in Tax Map Lot 1000 Block 2018, thence; 13 13. Within Tax Map Lot 1000 Block 2018 North 05°-44'-59" East, a 14 distance of 22.49', to a point in the southerly line of Tax Map Lot 1500 15 Block 2018, thence; 16 14. Along the southerly line of same, South 68°-30'-37" West, a 17 distance of 241.71', to a point in the southerly line of Tax Map Lot 18 1500 Block 2018, thence; 19 15. Within Tax Map Lot 1500 Block 2018, North 72°-41'-52" West, a 20 distance of 175.88', to a point in Tax Map Lot 1500 Block 2018, thence; 21 16. Within Tax Map Lot 1500 Block 2018, South 68°-23'-55" West, a 22 distance of 949.27', to a point in Tax Map Lot 1500 Block 2018, thence; 23 17. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax 24 Map Lot 20 Block 1787, North 59°-56'-38" West, a distance of 779.92', to 25 the point and place of beginning and containing a calculated areas of 26 607,660.66 SF or 13.949 acres. 27 (D) Parcel D 28 All that certain tracts or parcels of land located in the Borough of 29 Queens, State of New York, bounded and described as follows: 30 Beginning at a point at the intersection formed by the intersection of 31 the easterly right of way line of 126th Street and the southerly right 32 of way line of Roosevelt Avenue, thence along a line North 21°-35'-11" 33 West, a distance of 10.00' to a point within Roosevelt Avenue and from 34 said point of beginning running thence: 35 1. Within the right of way of Roosevelt Avenue, North 68°-30'-18" 36 East, a distance of 420.35' to a point in the right of way of Roosevelt 37 Avenue, thence; 38 2. Within the right of way of Roosevelt Avenue, North 62°-00'-28" 39 East, a distance of 264.15' to a point in the right of way of Roosevelt 40 Avenue, thence; 41 3. Through Roosevelt Avenue and Tax Map Lot 300 Block 2018 South 42 21°-35'-11" East, a distance of 254.94' to a point in Lot 300 Block 43 2018, thence; 44 4. Through Tax Map Lot 300 Block 2018 South 58°-00'-57" West, a 45 distance of 386.69', to a point in the southeasterly line of Tax Map Lot 46 75 Block 2018, thence; 47 5. Within Tax Map Lot 75 Block 2018 South 77°-57'-39" West, a distance 48 of 162.28' to a point in Tax Map Lot 75 Block 2018, thence; 49 6. Within Tax Map Lot 75 Block 2018 South 68°-23'-55" West, a distance 50 of 142.47' to a point in Tax Map Lot 75 Block 2018, said point also 51 being along the easterly line of 126th Street, thence; 52 7. Along the easterly right of way line of 126th Street, North 53 21°-35'-11" West, a distance of 269.04' to the point and place of begin- 54 ning and containing a calculated areas of 186,365.46 SF or 4.278 acres. 55 (E) Parcel EA. 11158 11 1 All that certain tracts or parcels of land located in the Borough of 2 Queens, State of New York, bounded and described as follows: 3 Beginning at a point at the intersection formed by the intersection of 4 the westerly right of way line of 126th Street and the southerly right 5 of way line of Roosevelt Avenue, thence along the westerly right of way 6 line of 126th Street South 21°-35'-11" East, a distance of 259.05' to a 7 point within the northerly line of Tax Map Lot 1000 Block 2018, thence 8 along the northerly line of Tax Map Lot 1000 Block 2018 South 9 68°-25'-28" West, a distance of 610.51' to a point within the northerly 10 line of Lot 1000 Block 2018, and from said point of beginning running 11 thence: 12 1. Within Tax Map Lot 1000 Block 2018, South 05°-44'-59" West, a 13 distance of 37.84', to a point in Tax Map Lot 1000 Block 2018, thence; 14 2. Within said lands the following three courses, South 21°-02'-11" 15 East, a distance of 96.44', to a point in Tax Map Lot 1000 Block 2018, 16 thence; 17 3. South 47°-44'-48" East, a distance of 71.01', to a point in Tax Map 18 Lot 1000 Block 2018, thence; 19 4. North 68°-23'-55" East, a distance of 489.48', to a point in the 20 northerly line of Tax Map Lot 350R Block 2018, thence 21 5. Within Tax Map Lot 350R Block 2018 the following two courses, South 22 43°-22'-54" East, a distance of 39.27', to a point in Lot 350R Block 23 2018, thence; 24 6. South 42°-24'-34" West, a distance of 391.74', to a point in the 25 northerly line of Lot 350R Block 2018, thence; 26 7. Through Tax Map Lot 350R Block 2018, South 46°-00'-42" East, a 27 distance of 166.93', to a point in the southerly line of Lot 350R Block 28 2018, said point also being in the northerly line of Lot 300R Block 29 2018, thence; 30 8. Along the northerly line of Tax Map Lot 300R Block 2018 South 31 65°-11'-49" West, a distance of 556.87', to a point in the northerly 32 line of Tax Map Lot 300R Block 2018, thence; 33 9. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block 34 2018, North 24°-48'-11" West, a distance of 164.72', to a point within 35 Tax Map Lot 1000 Block 2018, thence; 36 10. Within Tax Map Lot 1000 Block 2018 the following three courses; 37 North 51°-08'-46" East, a distance of 217.28', to a point within Tax Map 38 Lot 1000 Block 2018, thence; 39 11. North 38°-51'-17" West, a distance of 329.46', to a point within 40 Tax Map Lot 1000 Block 2018, thence; 41 12. North 47°-13'-34" West, a distance of 46.55' to a point along the 42 southerly line of Tax Map Lot 1500 Block 2018, thence; 43 13. Along the southerly line of Tax Map Lot 1500 Block 2018 North 44 68°-30'-37" East, a distance of 241.71' to the point and place of begin- 45 ning and containing a calculated areas of 236,272.08 SF or 5.424 acres. 46 (F) Any property interests necessary for an adjustment of the piers 47 supporting the pedestrian bridges crossing the Grand Central Parkway to 48 maintain accessibility, and any vehicle entry and exit points to the 49 Grand Central Parkway located along either side of the above described 50 corridor. 51 (c) Notwithstanding any other provision of law, general, special, 52 charter or local, following acquisition, the commissioner of transporta- 53 tion may use such property interests together with property interests 54 already owned or held within the corridor described in subdivision (b) 55 of this section or enter into contracts to sell, or lease to, contract 56 with or otherwise transfer to, and/or exchange with, and/or grant ease-A. 11158 12 1 ments, licenses, permits, concessions, or other authorizations to, the 2 Port Authority of New York and New Jersey, to construct (including 3 utilizing temporary laydown areas), and permanently use, occupy, oper- 4 ate, and maintain the airport access mass transit facility, related 5 ancillary facilities for airport access mass transit maintenance, park- 6 ing for persons using the airport access mass transit facility and addi- 7 tional limited purposes directly related to operation of an airport 8 access mass transit project; provided however, this section does not 9 authorize use of property interests for a self-standing facility 10 constructed to house premises for automobile rental operations; and 11 provided further that, the Port Authority of New York and New Jersey 12 may, notwithstanding any other provision of law, general, special, char- 13 ter or local, transfer any property interests to the city of New York, 14 in accordance with the terms and conditions for the lease of airport 15 premises by the city of New York to the Port Authority of New York and 16 New Jersey and the city of New York may, following such transfer, lease- 17 back the property interests under those terms and conditions. 18 (d) Upon completion of any modifications to the Grand Central Parkway, 19 the commissioner of transportation shall by official order transfer 20 jurisdiction over the central express artery and adjacent landscape 21 areas and over adjacent service roads to the city of New York as set 22 forth in subdivision 3.4 of section three hundred forty-nine-c of this 23 article. 24 (e) Authorization is hereby given to the commissioner of transporta- 25 tion to do all things necessary, within the judgment of the commission- 26 er, to carry out the purposes of this section. 27 (f) During the construction of any airport access mass transit facili- 28 ty for LaGuardia airport and related ancillary facilities on any proper- 29 ty interests acquired pursuant to this section, section fourteen-d of 30 the transportation law, or pursuant to any other section of law, the 31 constructing party shall provide for the on-going monitoring of 32 vibrations, noise and air quality during construction. 33 (g) The constructing party shall ensure the provision of just compen- 34 sation to a property owner of any property or building within the vicin- 35 ity of the construction of any airport access mass transit facility for 36 LaGuardia airport and related ancillary facilities that has been phys- 37 ically damaged as a result of action taken by the constructing party or 38 its agent during such construction, however, nothing herein shall estab- 39 lish a cause of action for such damages. 40 § 4. (A) The use of any property, property rights, or property inter- 41 ests including easements, air rights and subsurface rights, acquired 42 pursuant to paragraph d of subdivision 1 of section 14-d of the trans- 43 portation law, as added by section two of this act, for any essential 44 facilities necessary for the construction, operation, and maintenance of 45 an airport access mass transit facility for LaGuardia airport including: 46 temporary and permanent stairways; pedestrian walkways/bridges other 47 than the Passerelle; and vertical movement (i.e. elevators, escala- 48 tors); guideway superstructure, columns, and foundations; guideway and 49 station equipment such as track, third rail, walkways, handrails, noise 50 wall, lighting, blue light stations, CCTV, fare collection systems and 51 security equipment and provisions; facility ingress and egress installa- 52 tions; all utilities necessary for an airport access mass transit facil- 53 ity such as high and low voltage electric, grounding, natural gas, 54 water, sewer, drainage, cable, fiber, communication towers, antennae, 55 temporary utilities and miscellaneous utilities and services; utilities 56 facilities including, but not limited to, substations, transformers,A. 11158 13 1 mechanical, and pumping facilities; temporary and permanent public 2 access roads, pedestrian bridges other than the Passerelle, sidewalks, 3 pathways, and traffic facilities; temporary and permanent security fenc- 4 ing, guard booths, CCTV systems, security equipment/provisions as well 5 as bollards and walls of various materials; landscaping features, 6 sustainable design installations, and mitigation elements required 7 through the environmental or regulatory approval process(es), or as a 8 result of recommendations from local community outreach; temporary and 9 permanent lighting fixtures including any aviation warning lights; 10 temporary infrastructure to support construction; temporary and perma- 11 nent signage and signage structures; temporary and permanent facilities 12 and buildings such as operations, storage and maintenance facilities, 13 passenger stations, as well as other miscellaneous support facilities 14 and buildings, which include all equipment required to provide a fully 15 functional installation including elements such as oil separation, fuel 16 storage, vehicle cleaning, backup power systems, and other associated 17 equipment; corrosion and erosion control monitoring and mitigating 18 installations; temporary parking during construction and parking for 19 employees of an access mass transit facility; concessions and small 20 business facilities; temporary construction equipment and facilities; 21 public announcement and other annunciating equipment and facilities; 22 temporary storage facilities; temporary and permanent systems support 23 installations (i.e. communications and train control); lightning 24 protection installation; storage facilities to support the airport 25 access mass transit facility and airport operations; all interfaces with 26 the NYCT 7 line and MTA/LIRR; all rearrangements related to MTA bus and 27 rail operations at Willets Point; alternative/sustainable energy systems 28 (i.e. solar panels, electric vehicle charging stations, energy storage, 29 etc.); waste/refuse storage and processing associated with airport 30 access mass transit facility operations (i.e. trash compactors and dump- 31 sters); storm water treatment and storage facilities (above and/or 32 underground); and flood mitigation installations shall be authorized. 33 (B) The use of any property, property rights, or property interests 34 including easements, air rights and subsurface rights acquired pursuant 35 to paragraph d of subdivision 1 of section 14-d of the transportation 36 law, as added by section two of this act, for any nonessential facili- 37 ties including: permanent parking facilities; and other nonessential 38 facilities not directly related to the construction, operation, and 39 maintenance of an airport access mass transit facility for LaGuardia 40 airport and not necessary for such facility's operation shall be author- 41 ized only upon the condition that a memorandum of understanding is 42 executed between the Mayor of the City of New York and the port authori- 43 ty of New York and New Jersey. 44 (C) The acquisition of any property, property rights, or property 45 interests including easements, air rights and subsurface rights author- 46 ized pursuant to paragraph d of subdivision 1 of section 14-d of the 47 transportation law, as added by section two of this act, shall take 48 effect only upon the condition that a memorandum of understanding is 49 executed between the mayor of the city of New York and the port authori- 50 ty of New York and New Jersey for the renovation of the Passerelle 51 bridge and the interfaces with the Passerelle structures. 52 § 5. If property interests acquired on real property currently desig- 53 nated as parkland or that is currently used for park purposes pursuant 54 to the authorization contained in this act are not used within fifteen 55 years of their acquisition or shall ever be used for a purpose other 56 than for the use authorized pursuant to this act, such property shallA. 11158 14 1 revert back to the city of New York department of parks and recreation 2 to be used for park and recreational purposes or for the purposes that 3 are consistent with those provided by chapter 729 of the laws of 1961. 4 § 6. New York City shall dedicate an amount equal to or greater than 5 the fair market value received from the department of transportation's 6 acquisition of parklands pursuant to the authorization in paragraph d of 7 subdivision 1 of section 14-d of the transportation law, as added by 8 section two of this act, toward the acquisition of new parkland and/or 9 capital improvements to existing parkland and recreational facilities 10 provided, however, that if any such parkland is waterfront parkland the 11 fair market value may only be used for the acquisition of new waterfront 12 parklands and/or capital improvements to existing waterfront parkland 13 and recreational facilities. 14 § 7. This act shall take effect immediately and shall expire and be 15 deemed repealed ten years after such date, provided, however, that such 16 repeal shall only occur if no property interests have been acquired 17 pursuant to this act; provided further that the commissioner of the 18 department of transportation shall notify the legislative bill drafting 19 commission upon the occurrence of the repeal of the legislation provided 20 for in this act in order that the commission may maintain an accurate 21 and timely effective data base of the official text of the laws of the 22 state of New York in furtherance of effectuating the provisions of 23 section 44 of the legislative law and section 70-b of the public offi- 24 cers law.
