Build LaGuardia Airport Train

Section 1. Legislative findings. LaGuardia airport is a pillar of New York state's transportation network and a key driver of economic growth throughout the state and the country. However, LaGuardia airport remains the only major regional airport without a direct rail link. The lack of public transit options forces passengers to rely heavily on private cars, for-hire-vehicles and taxis to reach the airport, which in turn results in higher levels of regional traffic congestion, unpredictable travel time to LaGuardia airport and potential adverse environmental effects. To support this important airport access mass transit project, this act would authorize the acquisition of property interests necessary for the landing of guideway support columns and siting of ancillary facilities for airport access mass transit equipment maintenance, parking for persons using the airport access mass transit facility and additional limited purposes directly related to the operation of an airport access mass transit project, temporary laydown and construction areas, and air rights related to an elevated guideway and related entry, exit and crossing points for pedestrians and vehicles, and utilization by the New York state department of transportation or the transfer to the Port Authority of New York and New Jersey and certain other parties, in either case to permit construction, use, occupancy, operation and maintenance of the airport access mass transit facility; provided however, this legislation does not authorize acquisition of property interests for a self-standing facility constructed to house premises for automobile rental operations. The legislature finds and declares that it is a 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.

LBD12053-12-8

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pality, to ensure access to safe and reliable mass transit to LaGuardia airport, a major transportation hub relied upon by people throughout the state.

§ 2. Subdivision 1 of section 14-d of the transportation law is amended by adding a new paragraph d to read as follows:

d. to acquire by eminent domain, pursuant to the eminent domain procedure law and section thirty of the highway law, any property, property rights or property interests, including easements, air rights and subsurface rights, whether or not now or previously designated as parkland, or otherwise dedicated to a public use as parkland, (hereinafter "property interests"), and, provided with respect to real property now or previously designated as parkland, just compensation therefor shall be calculated as an amount equal to the appraised fair market value of the parkland being discontinued, and further provided only to the extent that such property interests are, in the judgement of the commissioner, necessary for the construction, use, occupancy, operation, and maintenance of an airport access mass transit facility for LaGuardia airport via elevated guideway, and related ancillary facilities for airport access mass transit maintenance, parking for persons using the airport access mass transit facility and additional limited purposes directly related to operation of an airport access mass transit project, temporary laydown and construction areas, and air rights and subsurface rights related to an elevated guideway, including appropriate entry and exit points for users of the airport access mass transit facility and any property interests necessary for an adjustment of the piers supporting the pedestrian bridges crossing the Grand Central Parkway to maintain accessibility, and any vehicle entry and exit points to the Grand Central Parkway located along either side of the corridor, in all cases running along a route from LaGuardia airport on or near the Grand Central Parkway, thence along the edge of the Citi Field parking lot previously alienated for stadium use, next alongside the existing elevated track for the No. 7 subway and terminating at subway rail yards and other transportation staging and storage areas within a corridor more specifically defined pursuant to section three hundred forty-nine-g of the highway law; and to utilize, or sell, lease, contract, or otherwise transfer the acquired property interests together with property interests it otherwise holds and/or grant easements, licenses, permits, concessions or other authorizations, to the Port Authority of New York and New Jersey to facilitate the construction (including temporary laydown), and permanent use, occupancy, operation, and maintenance of the airport access mass transit facility, related ancillary facilities for airport access mass transit maintenance, parking for persons using the airport access mass transit facility and additional limited purposes directly related to operation of an airport access mass transit project; provided however, this subdivision does not authorize acquisition of property interests for a self-standing facility constructed to house premises for automobile rental operations.

§ 3. The highway law is amended by adding a new section 349-g to read as follows:

§ 349-g. Airport access mass transit for LaGuardia airport. (a) Notwithstanding any other provision of law, general, special, charter or local, and consistent with section fourteen-d of the transportation law, if a property acquisition pursuant to this section occurs by eminent domain, the commissioner of transportation shall have the authority to acquire any property, property rights, or property interests, including easements, air rights and subsurface rights whether or not now or previ-

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ously designated as parkland or otherwise dedicated to a public use as parkland (hereinafter referred to as "property interests"), but only to the extent that such property interests are, in the judgment of the commissioner, necessary for the construction, use, occupancy, operation, and maintenance of an airport access mass transit facility via an elevated guideway for LaGuardia airport and related ancillary facilities for airport access mass transit maintenance, parking for persons using the airport access mass transit facility and additional limited purposes directly related to operation of an airport access mass transit project and additional limited purposes directly related to the operation of an airport access mass transit project, temporary laydown and construction areas and air rights and subsurface rights related to an elevated guideway, including appropriate entry and exit points for users of the airport access mass transit facility and any property interests necessary for an adjustment of the piers supporting the pedestrian bridges crossing the Grand Central Parkway to maintain accessibility, and any vehicle entry and exit points to the Grand Central Parkway located along either side of the corridor, running along a route from LaGuardia airport on or near the Grand Central Parkway, thence along the edge of the Citi Field parking lot previously alienated for stadium use, next alongside the existing elevated track for the No. 7 subway and terminating at subway rail yards and other transportation staging and storage areas within a corridor more specifically defined pursuant to subdivision (b) of this section; and to utilize or sell, lease, contract, or otherwise transfer the acquired property interests together with property interests the commissioner otherwise holds and/or grant easements, licenses, permits, concessions or other authorizations, to the Port Authority of New York and New Jersey, to facilitate the construction (including temporary laydown), and permanent use, occupancy, operation, and maintenance of the airport access mass transit facility and related ancillary facilities for airport access transit maintenance, parking for persons using the airport access transit facility and additional limited purposes directly related to operation of an airport access mass transit project, and additional limited purposes directly related to operation of an airport access mass transit project including appropriate entry and exit points for users of the mass transit facility and any property interests necessary for an adjustment of the piers supporting the pedestrian bridges crossing the Grand Central Parkway to maintain accessibility, and any vehicle entry and exit points to the Grand Central Parkway located along either side of the corridor, and temporary use for laydown and construction purposes; provided however, this section does not authorize acquisition of property interests for a self-standing facility constructed to house premises for automobile rental operations.

(b) The corridor defined in subdivision (a) of this section, where the acquisition of such property, property rights, or property interests referred to in this section may occur, is more particularly described as follows:

(i) The following parcels shall be included within a corridor within which acquisition of permanent property interests may be acquired for purposes of this section and paragraph d of subdivision one of section fourteen-d of the transportation law: (A) Parcel A All that certain tracts or parcels of land located in the Borough of Queens, State of New York, bounded and described as follows: Tract 1 - Grand Central Parkway

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Beginning at a point in the easterly right of way line of Ditmars Boulevard at the southwest corner of Tax Map Lot 50 Block 1641, thence along a line North 15°-10'-31" East, a distance of 493.53' to a point within the westerly line of Tax Map Lot 1 Block 926, and from said point of beginning running thence:

1. Within the westbound lanes of the Grand Central Parkway South 07°-53'-31" East, a distance of 114.46' to a point within the westbound lanes of the Grand Central Parkway

2. Within the westbound lanes of the Grand Central Parkway South 39°-25'-56" East, a distance of 338.44' to a point in the westbound lanes of the Grand Central Parkway, thence;

3. Within said lands the following six courses; South 34°-46'-30" East, a distance of 596.00' to a point in the westbound lanes of the Grand Central Parkway, thence;

4. South 32°-52'-42" East, a distance of 284.58' to a point in the westbound lanes of the Grand Central Parkway, thence;

5. South 31°-22'-20" East, a distance of 270.24' to a point in the westbound lanes of the Grand Central Parkway, thence;

6. South 31°-20'-42" East, a distance of 561.27' to a point in the westbound lanes of the Grand Central Parkway, thence;

7. South 31°-24'-15" East, a distance of 479.68' to a point in the westbound lanes of the Grand Central Parkway, thence;

8. South 34°-12'-57" East, a distance of 122.82' to a point in the westbound lanes of the Grand Central Parkway, thence;

9. Within said lands and through the westbound lanes of the Grand Central Parkway South 47°-22'-46" West, a distance of 81.54' to a point in the eastbound lanes of the Grand Central Parkway, thence;

10. Within the eastbound lanes of the Grand Central Parkway on a curve to the left, having a radius of 1795.88', an arc length of 814.04', a central angle of 25°-58'-16", and whose chord bears South 49°-41'-11" East, a distance of 807.08' to a point in the eastbound lanes of the Grand Central Parkway, thence;

11. Within the eastbound lanes of the Grand Central Parkway on a curve to the right, having a radius of 4175.45', an arc length of 369.28', a central angle of 05°-04'-02", and whose chord bears South 60°-46'-11" East, a distance of 369.16' to a point in the eastbound lanes of the Grand Central Parkway, thence;

12. Through the westbound lanes of Grand Central Parkway and waters of Flushing Bay North 18°-38'-40" East, a distance of 1016.75' to a point in the waters of Flushing Bay, thence;

13. Within the waters of Flushing Bay North 45°-38'-00" West, a distance of 2406.73' to a point in the waters of Flushing Bay said point also being in the southerly line of Tax Map Lot 1 Block 926, thence;

14. Along the southerly line of Tax Map Lot 1 Block 926 South 40°-14'-47" West, a distance of 458.89' to a point in the westerly line of Tax Map Lot 1 Block 926, thence;

15. Along the westerly line of Tax Map Lot 1 Block 926 North 39°-47'-03" West, a distance of 685.00' to a point in the westerly line of Tax Map Lot 1 Block 926, thence;

16. Along the westerly line of Tax Map Lot 1 Block 926 on a curve to the left, having a radius of 9711.30', an arc length of 342.94', a central angle of 02°-01'-24", and whose chord bears North 40°-47'-45" West, a distance of 342.93' to a point in the westerly line of Tax Map Lot 1 Block 926 also the point and place of beginning and containing a calculated areas of 2,388,737.04 SF or 54.837 acres. (B) Parcel B

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All that certain tracts or parcels of land located in the Grand Central Parkway, Borough of Queens, State of New York, bounded and described as follows: Beginning at a point at the intersection formed by the easterly right of way line of 114th Street and the northerly right of way line of Roosevelt Avenue, thence along a line North 23°-03'-48" East, a distance of 575.33' to a point within the westerly line of Tax Map Lot 20 Block 1787, and from said point of beginning running thence:

1. Through the westbound lanes of the Grand Central Parkway on a curve to the right, having a radius of 1200', an arc length of 472.65', a central angle of 22°-34'-02", and whose chord bears North 46°-30'-24" West, a distance of 469.60' to a point in the median of the Grand Central Parkway, thence;