Bill Text: NY S08510 | 2017-2018 | General Assembly | Amended


Bill Title: Authorizes the city of New York to discontinue certain park lands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-18 - PRINT NUMBER 8510A [S08510 Detail]

Download: New_York-2017-S08510-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8510--A
                    IN SENATE
                                       May 9, 2018
                                       ___________
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Cities  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  authorize  the city of New York to discontinue certain park
          lands in the county of New York
          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 the use as park land and transfer two parcels
     4  of land described in section three of  this  act  upon  such  terms  and
     5  conditions  as the city shall determine, to the metropolitan transporta-
     6  tion authority, for the  construction  of  protective  security  fencing
     7  around  the  columns  of  the  Harlem river lift bridge, operated by the
     8  Metro-North commuter railroad company, a subsidiary of the  metropolitan
     9  transportation authority, that carries commuter trains across the Harlem
    10  river.
    11    §  2.  The authorizations provided in section one of this act shall be
    12  effective only upon the condition that the city of New York dedicates an
    13  amount equal to or greater than the fair market value of the park  lands
    14  being  discontinued  towards  the  acquisition  of new park lands and/or
    15  capital improvements to existing park land and  recreational  facilities
    16  within the borough of Manhattan.
    17    §  3.  The  lands  hereby  authorized by section one of this act to be
    18  discontinued as park lands and transferred to the metropolitan transpor-
    19  tation authority are located in the city, county and state of  New  York
    20  in  park  land  on the east side right of way of Harlem river drive near
    21  135th street and are bounded and described as follows:
    22    Easterly Parcel
    23    All that certain piece or parcel of land situated in  the  Borough  of
    24  Manhattan, City of New York and State of New York being more particular-
    25  ly bounded and described as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14360-09-8

        S. 8510--A                          2
     1    COMMENCING  at  the  intersection  of  the southerly boundary of 135th
     2  Street with the westerly boundary of Park Avenue as shown on the current
     3  NYC Tax Maps.
     4    THENCE, southeasterly, along the prolongation of said southerly bound-
     5  ary  of 135th Street the following: S. 60°58'04" E. a distance of 258.50
     6  feet to the U. S. Pier and Bulkhead Line, established by the U.  S.  War
     7  Department;  thence along said Pier and Bulkhead Line S.  06°38'15" W. a
     8  distance of 51.00 feet to the POINT OR PLACE OF BEGINNING;
     9    THENCE, southerly, continuing along the U. S. Pier and Bulkhead  Line,
    10  S. 06°38'15" W. a distance of 17.48 feet;
    11    THENCE, westerly, N. 82°19'41" W a distance of 44.02 feet;
    12    THENCE, southerly, S.07°40'17" W a distance of 144.16 feet;
    13    THENCE, easterly, N. 77°21'32" E a distance of 27.92 feet;
    14    THENCE,  northeasterly,  N.58°30'34" E a distance of 34.36 feet to the
    15  aforementioned U. S. Pier and Bulkhead Line;
    16    THENCE, southerly, along said Pier and Bulkhead Line S.  03°12'21"  W.
    17  a  distance  of  45.86  feet  to  the southeasterly corner of the herein
    18  described parcel;
    19    THENCE, westerly, N. 86°47'39" W a distance of 2.37 feet;
    20    THENCE, westerly, N. 80°09'03" W a distance of 2.52 feet;
    21    THENCE, westerly, N. 80°11'16" W a  distance  of  61.33  feet  to  the
    22  southwesterly corner of the herein described parcel;
    23    THENCE,  northerly,  N.  07°36'00"  E a distance of 156.00 feet to the
    24  northwesterly corner of the herein described parcel;
    25    THENCE, easterly, N. 79°03'33" E. a distance of 46.33 feet;
    26    THENCE, easterly, N. 79°11'05" E. a distance of 7.38 feet;
    27    THENCE, easterly, N. 84°47'37" E. a distance of 2.84 feet to the POINT
    28  OR PLACE OF BEGINNING.
    29    Said parcel containing 3,484 square feet of land more or less.
    30    Westerly Parcel
    31    All that certain piece or parcel of land situated in  the  Borough  of
    32  Manhattan, City of New York and State of New York being more particular-
    33  ly bounded and described as follows:
    34    COMMENCING  at  the  intersection  of  the southerly boundary of 135th
    35  Street with the westerly boundary of Park Avenue as shown on the current
    36  NYC Tax Maps;
    37    THENCE, southerly, along said westerly boundary  of  Park  Avenue  the
    38  following:  S. 10°44'36" W.  a distance of 233.29 feet; thence, over and
    39  across said Park Avenue S.  79°15'24" E. a distance of  167.64  feet  to
    40  the  northeasterly  corner  of  an  existing steel column supporting the
    41  overhead Metro North Railroad and also  being  the  POINT  OR  PLACE  OF
    42  BEGINNING;
    43    THENCE, northerly, N. 14°56'05" W a distance of 5.04 feet;
    44    THENCE,  easterly,  S.  81°36'25"  E.  a  distance of 8.01 feet to the
    45  northeasterly corner of the herein described parcel;
    46    THENCE, southerly, S. 08°27'30" W. a distance of 56.38 feet;
    47    THENCE, southerly, S. 07°40'31" W. a distance of  59.64  feet  to  the
    48  southeasterly corner of the herein described parcel;
    49    THENCE,  westerly, N.84°22'37" W a distance of 8.00 feet the southwes-
    50  terly corner of the herein described parcel;
    51    THENCE, northeasterly, N. 34°55'25" E. a distance of 5.98 feet to  the
    52  southeasterly corner of an existing steel column supporting the overhead
    53  Metro North Railroad;
    54    THENCE,  northerly, with the existing concrete support of the overhead
    55  Metro North Railroad to the POINT OR PLACE OF BEGINNING.
    56    Said parcel containing 995 square feet of land more or less.

        S. 8510--A                          3
     1    § 4. Should the lands described in section three of this act cease  to
     2  be  used  for  the  purposes described in section one of this act, those
     3  lands shall revert to the city of New York  for  park  and  recreational
     4  purposes. At the time of such reversion, the metropolitan transportation
     5  authority  shall  remove the fencing, and the property shall be returned
     6  to its previous state, consistent with park and recreational purposes.
     7    § 5. In the event that the city  of  New  York  received  any  funding
     8  support  or  assistance  from  the  federal government for the purchase,
     9  maintenance or improvement of the park lands set forth in section  three
    10  of this act, the discontinuance and alienation of such park land author-
    11  ized by the provisions of this act shall not occur until the city of New
    12  York has complied with any federal requirements pertaining to the alien-
    13  ation  or conversion of such park lands, including satisfying the secre-
    14  tary of the interior that the alienation or conversion complies with all
    15  conditions which the secretary of the interior deems necessary to assure
    16  the substitution of other lands shall be equivalent in fair market value
    17  and usefulness to the lands being alienated or converted.
    18    § 6. This act shall take effect immediately.
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