Bill Text: NY A09945 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes a lease between the county of Onondaga and the Onondaga Yacht Club for boating and related recreational activities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-08-01 - signed chap.296 [A09945 Detail]

Download: New_York-2011-A09945-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9945
                                 I N  A S S E M B L Y
                                    April 26, 2012
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
         Committee on Local Governments
       AN ACT in relation to  authorizing  the  county  of  Onondaga  to  lease
         certain Onondaga Lake Park property to Onondaga Yacht Club
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. (a) Notwithstanding the provisions of  any  other  general,
    2  special  or local law, rule or regulation to the contrary, the county of
    3  Onondaga is hereby authorized and  empowered  to  lease  the  lands  and
    4  improvements  hereinafter  described  for up to twenty-five years to the
    5  Onondaga Yacht Club for such consideration and upon such  terms,  condi-
    6  tions  and provisions as shall be mutually agreed upon by the county and
    7  the Onondaga Yacht Club consistent with section three of  this  act  for
    8  boating and related recreational activities.
    9    (b)  The  authorization  provided  in  subdivision (a) of this section
   10  shall be effective only upon the condition that the county  of  Onondaga
   11  dedicate an amount equal to or greater than the fair market value of the
   12  lease for the capital improvement of Onondaga Lake Park and/or the capi-
   13  tal  improvement of existing park and recreational facilities and/or for
   14  the acquisition of additional waterfront park and  recreational  facili-
   15  ties.
   16    S  2.  The  lands  and  improvements to be leased pursuant to this act
   17  located at Onondaga Lake Park, county of Onondaga, state  of  New  York,
   18  are more particularly described as follows:
   19    All that tract or parcel of land situated in the Village of Liverpool,
   20  Town of Salina, County of Onondaga, and State of New York, being part of
   21  reclaimed  Lot  #14, Onondaga Salt Springs Reservation, in said Town and
   22  being more particularly described as follows:
   23    Beginning at a point S.62 -35'-10"E., 100.00 feet and S.27 -24'-50"W.,
   24  13.00 feet from Station 262+51.64 of the east  shore  base  line  estab-
   25  lished  by  the former Onondaga County Park and Regional Planning Board,
   26  now Department of Parks and Recreation; thence S.27 -24'50W., a distance
   27  of 287  feet to a point in the stone wall shore line of  Onondaga  Lake;
   28  thence Northwesterly, along said stone wall shore line of Onondaga Lake,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15380-03-2
       A. 9945                             2
    1  a  distance  of 165  feet to a point; thence N.27 -24'-50"E., a distance
    2  of 115  feet to a point; thence N-62 -35'-10"W., a  distance  of  105.00
    3  feet  to  a  point; thence N.27 -24'50"E., a distance of 68.00 feet to a
    4  point; thence S.62 -35'-10"E., a distance of 233.00 feet to the point of
    5  beginning.  The  hereinbefore  described parcel of land contains 37,220
    6  square feet of land.
    7    Together with, a right-of-way for the purpose of ingress and egress to
    8  and from the existing Lessee's clubhouse and the existing Lessee's  boat
    9  hoist.  Said  right-of-way  to be 12.00 feet in width, the centerline of
   10  which shall extend from the centerline of the existing  doorway  in  the
   11  southwesterly corner of said Lessee's clubhouse to the centerline of the
   12  existing Lessee's boat hoist;
   13    S  3.    Should the leased waterfront park lands described in sections
   14  one and two of this act cease to be  used  for  the  purposes  described
   15  therein,  the  lease shall terminate and those lands shall revert to the
   16  county of Onondaga for public waterfront park and recreational purposes.
   17  At the time of such reversion, the property shall  be  returned  to  its
   18  previous  state, consistent with public waterfront park and recreational
   19  purposes.
   20    S 4. Such waterfront park land described in section two  of  this  act
   21  shall  be  made  available  to the general public on an equitable basis.
   22  Where availability of public facilities is  limited,  the  use  of  such
   23  facilities  must  be  determined  by a reservation policy which provides
   24  priority use to the general public.
   25    S 5. If the park land that is the subject of  this  act  has  received
   26  funding  pursuant  to  the federal land and water conservation fund, the
   27  discontinuance of park land authorized by the  provisions  of  this  act
   28  shall  not  occur  until  the municipality has complied with the federal
   29  requirements pertaining to  the  conversion  of  park  lands,  including
   30  satisfying to the secretary of the interior that the discontinuance will
   31  include  all conditions which the secretary of the interior deems neces-
   32  sary to assure the substitution of other lands shall  be  equivalent  in
   33  fair market value and recreational usefulness to the lands being discon-
   34  tinued.
   35    S 6. This act shall take effect immediately.