N.Y. Highway Law § 349-g: Airport access mass transit for LaGuardia airport

* § 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

previously 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

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 15Á-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

07Á-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

39Á-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 34Á-46'-30"

East, a distance of 596.00' to a point in the westbound lanes of the

Grand Central Parkway, thence;

4. South 32Á-52'-42" East, a distance of 284.58' to a point in the

westbound lanes of the Grand Central Parkway, thence;

5. South 31Á-22'-20" East, a distance of 270.24' to a point in the

westbound lanes of the Grand Central Parkway, thence;

6. South 31Á-20'-42" East, a distance of 561.27' to a point in the

westbound lanes of the Grand Central Parkway, thence;

7. South 31Á-24'-15" East, a distance of 479.68' to a point in the

westbound lanes of the Grand Central Parkway, thence;

8. South 34Á-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 47Á-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 25Á-58'-16", and whose chord bears South 49Á-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 05Á-04'-02", and whose chord bears South 60Á-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 18Á-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 45Á-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

40Á-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

39Á-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 02Á-01'-24", and whose chord bears North 40Á-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

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 23Á-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 22Á-34'-02", and whose chord bears North 46Á-30'-24"

West, a distance of 469.60' to a point in the median of the Grand

Central Parkway, thence;

2. Within said lands the following three courses, North 07Á-32'-34"

West, a distance of 806.64' to a point in the median of the Grand

Central Parkway, thence;

3. On a curve to the left, having a radius of 956.60', an arc length

of 1069.45', a central angle of 64Á-03'-18", and whose chord bears North

33Á-04'-05" West, a distance of 1014.62' to a point in the median of the

Grand Central Parkway, thence;

4. North 61Á-01'-46" West, a distance of 279.45' to a point in the

median of the Grand Central Parkway, said point also being the easterly

line of lands owned by the New York State Department of Transportation,

thence;

5. Along the easterly line of same, North 18Á-38'-40" East, a distance

of 1016.75' to a point in the waters of Flushing Bay, thence;

6. Within the waters of Flushing Bay South 45Á-38'-00" East, a

distance of 1092.05' to a point in the waters of Flushing Bay, said

point also being the westerly line of Tax Map Lot 65 Block 1789, thence;

7. Along the westerly line of same South 05Á-02'-52" East, a distance

of 456.35' to a point in the westerly line of Tax Map Lot 65 Block 1789,

thence;

8. Within the Grand Central Parkway South 04Á-53'-32" West, a distance

of 1348.61' to a point in the median of the Grand Central Parkway,

thence;

9. Through the westbound lanes of the Grand Central Parkway South

28Á-11'-29" East, a distance of 427.88' to a point within the westerly

line of Tax Map Lot 20 Block 1787, thence;

10. Along the westerly line of same, South 05Á-00'-28" East, a

distance of 133.39 to the point and place of beginning and containing a

calculated areas of 1,375,044.58 SF or 31.566 acres.

(C) Parcel C

All that certain tracts or parcels of land located in the 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 23Á-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. Along the westerly line of same, North 05Á-00'-28" West, a distance

of 133.39 to a point within the westerly line of Tax Map Lot 20 Block

1787, thence;

2. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a

distance of 584.20' to a point in Lot 20 Block 1787, thence;

3. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South

86Á-10'-42" East, a distance of 420.78' to a point in Tax Map Lot 1500

Block 2018, thence;

4. Within said lands, North 68Á-23'-55" East, a distance of 607.27' to

a point in Tax Map Lot 1500 Block 2018, thence;

5. Within said lands, North 21Á-35'-11" West, a distance of 16.75' to

a point in the southerly right of way line of Roosevelt Avenue, thence;

6. Along the southerly line of same, North 68Á-25'-28" East, a

distance of 1025.26' to a point formed by the intersection of the

easterly right of way line of 126th Street and the southerly right of

way line of Roosevelt Avenue, thence;

7. Along the easterly right of way line of 126th Street, South

21Á-35'-11" East, a distance of 259.05' to a point in the easterly right

of way line of 126th Street, thence;

8. Along the northerly line of Tax Map Lot 1000 Block 2018, South

68Á-25'-28" West, a distance of 610.51' to a point in the northerly line

of Tax Map Lot 1000 Block 2018, thence;

9. Along the northerly line of same, South 68Á-30'-37" West, a

distance of 230.61' to a point in the northerly line of Tax Map Lot 1000

Block 2018, thence;

10. Within Tax Map Lot 1500 Block 2018, North 72Á-41'-52" West, a

distance of 207.77' to a point in Tax Map Lot 1500 Block 2018, thence;

11. Within Tax Map Lot 1500 Block 2018, South 68Á-23'-55" West, a

distance of 917.78' to a point in Tax Map Lot 1500 Block 2018, thence;

12. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax

Map Lot 20 Block 1787, North 59Á-56'-38" West, a distance of 793.76' to

the point and place of beginning and containing a calculated areas of

458,276.64 SF or 10.520 acres.

(D) Parcel D

All that certain tracts or parcels of land located in the Borough of

Queens, State of New York, bounded and described as follows:

Beginning at a point at the intersection formed by the intersection of

the easterly right of way line of 126th Street and the southerly right

of way line of Roosevelt Avenue, and from said point of beginning

running thence:

1. Along the southerly right of way line of Roosevelt Avenue, North

68Á-30'-18" East, a distance of 420.90' to a point in the southerly

right of way line of Roosevelt Avenue, thence;

2. Along the southerly right of way line of Roosevelt Avenue, North

62Á-00'-28" East, a distance of 263.59' to a point in the southerly

right of way line of Roosevelt Avenue, thence;

3. Within Tax Map Lot 300 Block 2018 South 21Á-35'-11" East, a

distance of 244.87' to a point in Lot 300 Block 2018, thence;

4. Through Tax Map Lot 300 Block 2018 and Tax Map Lot 75 Block 2018

South 68Á-30'-18" West, a distance of 682.85' to a point in the easterly

right of way line of 126th Street, thence;

5. Along the easterly right of way line of 126th Street, North

21Á-35'-11" West, a distance of 215.05' to a point in the easterly right

of way line of 126th Street to the point and place of beginning and

containing a calculated areas of 150,750.81 SF or 3.46 acres.

(E) Parcel E

All that certain tracts or parcels of land located in the Borough of

Queens, State of New York, bounded and described as follows:

Beginning at a point at the intersection formed by the intersection of

the westerly right of way line of 126th Street and the southerly right

of way line of Roosevelt Avenue, thence along the westerly right of way

line of 126th Street South 21Á-35'-11" East, a distance of 259.05' to a

point within the northerly line of Tax Map Lot 1000 Block 2018, thence

along the northerly line of Tax Map Lot 1000 Block 2018 South

68Á-25'-28" West, a distance of 610.51' to a point within the northerly

line of Lot 1000 Block 2018, and from said point of beginning running

thence:

1. Within Tax Map Lot 1000 Block 2018, South 05Á-44'-59" West, a

distance of 37.85' to a point in Tax Map Lot 1000 Block 2018, thence;

2. Within said lands the following two courses, South 21Á-02'-11"

East, a distance of 96.44' to a point in Tax Map Lot 1000 Block 2018,

thence;

3. South 47Á-44'-48" East, a distance of 127.09' to a point in Tax Map

Lot 1000 Block 2018, thence;

4. Through Tax Map Lot 1000 Block 2018 and Tax Map Lot 350R Block 2018

South 38Á-51'-17" East, a distance of 330.15' to a point in the

northerly line of Tax Map Lot 300R Block 2018, thence;

5. Along the northerly line of Tax Map Lot 300R Block 2018 South

65Á-11'-49" West, a distance of 182.95' to a point in the northerly line

of Tax Map Lot 300R Block 2018, thence;

6. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block 2018

North 38Á-51'-17" West, a distance of 556.87' to a point within Tax Map

Lot 1000 Block 2018, thence;

7. Within Tax Map Lot 1000 Block 2018 North 47Á-13'-34" West, a

distance of 42.46' to a point along the southerly line of Tax Map Lot

1500 Block 2018, thence;

8. Along the southerly line of Tax Map Lot 1500 Block 2018 North

68Á-30'-37" East, a distance of 230.61' to the point and place of

beginning and containing a calculated areas of 104,235.19 SF or 2.392

acres.

(ii) The following parcels shall be included within a corridor within

which acquisition of temporary property interests may be acquired for

purposes of this section three hundred forty-nine-g 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:

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 12Á-36'-04" East, a distance of 509.49' 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

07Á-53'-31" East, a distance of 141.88' to a point in the westbound

lanes of the Grand Central Parkway, thence;

2. Within the westbound lanes of the Grand Central Parkway South

39Á-25'-56" East, a distance of 342.06' to a point in the westbound

lanes of the Grand Central Parkway, thence;

3. Within said lands the following six courses; South 34Á-46'-30"

East, a distance of 595.14' to a point in the westbound lanes of the

Grand Central Parkway, thence;

4. South 32Á-52'-42" East, a distance of 284.13' to a point in the

westbound lanes of the Grand Central Parkway, thence;

5. South 31Á-22'-20" East, a distance of 270.04' to a point in the

westbound lanes of the Grand Central Parkway, thence;

6. South 31Á-20'-42" East, a distance of 561.27' to a point in the

westbound lanes of the Grand Central Parkway, thence;

7. South 31Á-24'-15" East, a distance of 480.06' to a point in the

westbound lanes of the Grand Central Parkway, thence;

8. South 34Á-13'-04" East, a distance of 110.24' to a point in the

westbound lanes of the Grand Central Parkway, thence;

9. Through the westbound lanes of the Grand Central Parkway South

47Á-22'-46" West, a distance of 82.07", 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 1778.30', an arc length of 834.73', a

central angle of 26Á-53'-40", and whose chord bears South 49Á-28'-25"

East, a distance of 827.08' 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 4238.74", an arc length of 371.50', a

central angle of 05Á-01'-18", and whose chord bears South 60Á-46'-13"

East, a distance of 371.38' 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 18Á-38'-40" East, a distance of 1054.19' to a point

in the waters of Flushing Bay, thence;

13. Within the waters of Flushing Bay North 45Á-38'-00" West, a

distance of 2330.21' 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 North

62Á-16'-56" West, a distance of 69.81' to a point in the southerly line

of Tax Map Lot 1 Block 926, thence;

15. Along the southerly line of Tax Map Lot 1 Block 926 South

40Á-14'-47" West, a distance of 458.89' 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 North

39Á-47'-03" West, a distance of 685.00' to a point in the westerly line

of Tax Map Lot 1 Block 926, thence;

17. 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 02Á-01'-24", and whose chord bears North 40Á-47'-45"

West, a distance of 342.93' to a point in the westerly line of Tax Map

Lot 1 Block 926, thence;

18. Along the westerly line of Tax Map Lot 1 Block 926 North

40Á-47'-45" West, a distance of 27.61' 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 2,497,386.76 SF or 57.332 acres.

(B) Parcel B

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 24Á-39'-00" East, a distance

of 547.13' 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 South

77Á-38'-22" West, a distance of 287.24', to a point within the median of

the Grand Central Parkway, thence;

2. Within the median of the Grand Central Parkway the following two

courses; North 10Á35'14" West, a distance of 1045.10', to a point in the

median of the Grand Central Parkway, thence;

3. Within the Grand Central Parkway on a curve to the left, having a

radius of 1993.67', an arc length of 1428.31', a central angle of

41Á02'53", and whose chord bears North 33Á54'06" West, a distance of

1397.96', to a point in the eastbound lanes of the Grand Central

Parkway, said point also being the easterly line of lands owned by the

New York State Department of Transportation, thence;

4. Along the easterly line of lands owned by the New York State

Department of Transportation, North 18Á-38'-40" East, a distance of

1054.19' to a point within the waters of Flushing Bay, thence;

5. Within the waters of Flushing Bay South 45Á-38'-00" East, a

distance of 1109.08', to a point in the waters of Flushing Bay, said

point also being within Tax Map Lot 65 Block 1789, thence;

6. Within the waters of Flushing Bay South 05Á-02'-53" East, a

distance of 465.40', to a point within Tax Map Lot 65 Block 1789,

thence;

7. Within the Grand Central Parkway South 04Á-53'-30" West, a distance

of 1336.32', to a point in the median of the Grand Central Parkway,

thence;

8. Through the westbound lanes of the Grand Central Parkway, South

76Á-53'-58" East, a distance of 198.10', to a point in the westerly line

of Tax Map Lot 20 Block 1787, thence;

9. Along the westerly line of same, the following three courses; South

03Á-28'-07" West, a distance of 240.75', to a point in the westerly line

of Tax Map Lot 20 Block 1787, thence;

10. South 01Á-26'-38" East, a distance of 104.30', to a point in the

westerly line of Tax Map Lot 20 Block 1787, thence;

11. South 05Á-00'-28" East, a distance of 165.58', to the point and

place of beginning and containing a calculated areas of 1,699,154.25 SF

or 39.007 acres.

(C) Parcel C

All that certain tracts or parcels of land located in the 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 24Á-39'-00" East, a distance

of 547.13' to a point within the westerly line of Tax Map Lot 20 Block

1787, and from said point of beginning running thence:

1. Along the westerly line of same the following two course; North

05Á-00'-28" West, a distance of 165.58', to a point within the westerly

line of Tax Map Lot 20 Block 1787, thence;

2. North 01Á-26'-38" West, a distance of 104.30', to a point within

the westerly line of Tax Map Lot 20 Block 1787, thence;

3. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a

distance of 163.06', to a point in Lot 20 Block 1787, thence;

4. Within Tax Map Lot 20 Block 1787, North 68Á-47'-17" East, a

distance of 198.49', to a point in Lot 20 Block 1787, thence;

5. Within Tax Map Lot 20 Block 1787, South 22Á-21'-18" East, a

distance of 381.93', to a point in Lot 20 Block 1787, thence;

6. Within Tax Map Lot 20 Block 1787, South 59Á-56'-38" East, a

distance of 48.54', to a point in Lot 20 Block 1787, thence;

7. Through Tax Map Lot 20 Block 1787 and Roosevelt Avenue, South

86Á-10'-42" East, a distance of 398.17', to a point in the northerly

line of Tax Map Lot 1500 Block 2018, said point also being in the

southerly right of way line of Roosevelt Avenue, thence;

8. Along the southerly right of way line of Roosevelt Avenue North

68Á-23'-55" East, a distance of 609.39', to a point in the southerly

right of way line of Roosevelt Avenue, thence;

9. Within Roosevelt Avenue, North 21Á-35'-11" West, a distance of

10.14', to a point within Roosevelt Avenue, thence;

10. Within Roosevelt Avenue North 68Á-25'-28" East, a distance of

1035.26', to a point within Roosevelt Avenue, thence;

11. Within Roosevelt Avenue and along the easterly right of way line

of 126th Street, South 21Á-35'-11" East, a distance of 289.03', to a

point within Tax Map Lot 1000 Block 2018, thence;

12. Within Tax Map Lot 1000 Block 2018, South 68Á-25'-28" West, a

distance of 620.84', to a point in Tax Map Lot 1000 Block 2018, thence;

13. Within Tax Map Lot 1000 Block 2018 North 05Á-44'-59" East, a

distance of 22.49', to a point in the southerly line of Tax Map Lot 1500

Block 2018, thence;

14. Along the southerly line of same, South 68Á-30'-37" West, a

distance of 241.71', to a point in the southerly line of Tax Map Lot

1500 Block 2018, thence;

15. Within Tax Map Lot 1500 Block 2018, North 72Á-41'-52" West, a

distance of 175.88', to a point in Tax Map Lot 1500 Block 2018, thence;

16. Within Tax Map Lot 1500 Block 2018, South 68Á-23'-55" West, a

distance of 949.27', to a point in Tax Map Lot 1500 Block 2018, thence;

17. Through Tax Map Lot 1500 Block 2018 and Roosevelt Avenue and Tax

Map Lot 20 Block 1787, North 59Á-56'-38" West, a distance of 779.92', to

the point and place of beginning and containing a calculated areas of

607,660.66 SF or 13.949 acres.

(D) Parcel D

All that certain tracts or parcels of land located in the Borough of

Queens, State of New York, bounded and described as follows:

Beginning at a point at the intersection formed by the intersection of

the easterly right of way line of 126th Street and the southerly right

of way line of Roosevelt Avenue, thence along a line North 21Á-35'-11"

West, a distance of 10.00' to a point within Roosevelt Avenue and from

said point of beginning running thence:

1. Within the right of way of Roosevelt Avenue, North 68Á-30'-18"

East, a distance of 420.35' to a point in the right of way of Roosevelt

Avenue, thence;

2. Within the right of way of Roosevelt Avenue, North 62Á-00'-28"

East, a distance of 264.15' to a point in the right of way of Roosevelt

Avenue, thence;

3. Through Roosevelt Avenue and Tax Map Lot 300 Block 2018 South

21Á-35'-11" East, a distance of 254.94' to a point in Lot 300 Block

2018, thence;

4. Through Tax Map Lot 300 Block 2018 South 58Á-00'-57" West, a

distance of 386.69', to a point in the southeasterly line of Tax Map Lot

75 Block 2018, thence;

5. Within Tax Map Lot 75 Block 2018 South 77Á-57'-39" West, a distance

of 162.28' to a point in Tax Map Lot 75 Block 2018, thence;

6. Within Tax Map Lot 75 Block 2018 South 68Á-23'-55" West, a distance

of 142.47' to a point in Tax Map Lot 75 Block 2018, said point also

being along the easterly line of 126th Street, thence;

7. Along the easterly right of way line of 126th Street, North

21Á-35'-11" West, a distance of 269.04' to the point and place of

beginning and containing a calculated areas of 186,365.46 SF or 4.278

acres.

(E) Parcel E

All that certain tracts or parcels of land located in the Borough of

Queens, State of New York, bounded and described as follows:

Beginning at a point at the intersection formed by the intersection of

the westerly right of way line of 126th Street and the southerly right

of way line of Roosevelt Avenue, thence along the westerly right of way

line of 126th Street South 21Á-35'-11" East, a distance of 259.05' to a

point within the northerly line of Tax Map Lot 1000 Block 2018, thence

along the northerly line of Tax Map Lot 1000 Block 2018 South

68Á-25'-28" West, a distance of 610.51' to a point within the northerly

line of Lot 1000 Block 2018, and from said point of beginning running

thence:

1. Within Tax Map Lot 1000 Block 2018, South 05Á-44'-59" West, a

distance of 37.84', to a point in Tax Map Lot 1000 Block 2018, thence;

2. Within said lands the following three courses, South 21Á-02'-11"

East, a distance of 96.44', to a point in Tax Map Lot 1000 Block 2018,

thence;

3. South 47Á-44'-48" East, a distance of 71.01', to a point in Tax Map

Lot 1000 Block 2018, thence;

4. North 68Á-23'-55" East, a distance of 489.48', to a point in the

northerly line of Tax Map Lot 350R Block 2018, thence

5. Within Tax Map Lot 350R Block 2018 the following two courses, South

43Á-22'-54" East, a distance of 39.27', to a point in Lot 350R Block

2018, thence;

6. South 42Á-24'-34" West, a distance of 391.74', to a point in the

northerly line of Lot 350R Block 2018, thence;

7. Through Tax Map Lot 350R Block 2018, South 46Á-00'-42" East, a

distance of 166.93', to a point in the southerly line of Lot 350R Block

2018, said point also being in the northerly line of Lot 300R Block

2018, thence;

8. Along the northerly line of Tax Map Lot 300R Block 2018 South

65Á-11'-49" West, a distance of 556.87', to a point in the northerly

line of Tax Map Lot 300R Block 2018, thence;

9. Through Tax Map Lot 350R Block 2018 and Tax Map Lot 1000 Block

2018, North 24Á-48'-11" West, a distance of 164.72', to a point within

Tax Map Lot 1000 Block 2018, thence;

10. Within Tax Map Lot 1000 Block 2018 the following three courses;

North 51Á-08'-46" East, a distance of 217.28', to a point within Tax Map

Lot 1000 Block 2018, thence;

11. North 38Á-51'-17" West, a distance of 329.46', to a point within

Tax Map Lot 1000 Block 2018, thence;

12. North 47Á-13'-34" West, a distance of 46.55' to a point along the

southerly line of Tax Map Lot 1500 Block 2018, thence;

13. Along the southerly line of Tax Map Lot 1500 Block 2018 North

68Á-30'-37" East, a distance of 241.71' to the point and place of

beginning and containing a calculated areas of 236,272.08 SF or 5.424

acres.

(F) 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 above described

corridor.

(c) Notwithstanding any other provision of law, general, special,

charter or local, following acquisition, the commissioner of

transportation may use such property interests together with property

interests already owned or held within the corridor described in

subdivision (b) of this section or enter into contracts to sell, or

lease to, contract with or otherwise transfer to, and/or exchange with,

and/or grant easements, licenses, permits, concessions, or other

authorizations to, the Port Authority of New York and New Jersey, to

construct (including utilizing temporary laydown areas), and permanently

use, occupy, operate, and maintain 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

section does not authorize use of property interests for a self-standing

facility constructed to house premises for automobile rental operations;

and provided further that, the Port Authority of New York and New Jersey

may, notwithstanding any other provision of law, general, special,

charter or local, transfer any property interests to the city of New

York, in accordance with the terms and conditions for the lease of

airport premises by the city of New York to the Port Authority of New

York and New Jersey and the city of New York may, following such

transfer, leaseback the property interests under those terms and

conditions.

(d) Upon completion of any modifications to the Grand Central Parkway,

the commissioner of transportation shall by official order transfer

jurisdiction over the central express artery and adjacent landscape

areas and over adjacent service roads to the city of New York as set

forth in subdivision 3.4 of section three hundred forty-nine-c of this

article.

(e) Authorization is hereby given to the commissioner of

transportation to do all things necessary, within the judgment of the

commissioner, to carry out the purposes of this section.

(f) During the construction of any airport access mass transit

facility for LaGuardia airport and related ancillary facilities on any

property interests acquired pursuant to this section, section fourteen-d

of the transportation law, or pursuant to any other section of law, the

constructing party shall provide for the on-going monitoring of

vibrations, noise and air quality during construction.

(g) The constructing party shall ensure the provision of just

compensation to a property owner of any property or building within the

vicinity of the construction of any airport access mass transit facility

for LaGuardia airport and related ancillary facilities that has been

physically damaged as a result of action taken by the constructing party

or its agent during such construction, however, nothing herein shall

establish a cause of action for such damages.

* NB Repealed June 25, 2028 only if no property interests have been

acquired pursuant to chapter 78 of 2018