Bill Text: NY S08791 | 2017-2018 | General Assembly | Amended

Bill Title: Authorizes the city of Albany to alienate certain lands used as parkland and to dedicate certain other lands as parklands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-12-21 - SIGNED CHAP.450 [S08791 Detail]

Download: New_York-2017-S08791-Amended.html

                STATE OF NEW YORK
                    IN SENATE
                                      May 18, 2018
        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT authorizing the city of Albany to alienate certain lands used  as
          parkland and to dedicate certain other lands as parklands
          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, the city of  Albany,
     2  Albany  county,  acting  by  and  through  its governing body, is hereby
     3  authorized to discontinue the use of parklands and alienate  such  lands
     4  more  particularly  described  in  section  three  of  this act, for the
     5  purpose of constructing and maintaining a  disinfection  and  floatables
     6  control project, and associated infrastructure, also known as the Beaver
     7  Creek  Clean  River Project (screening and disinfection satellite treat-
     8  ment facility), on such parklands, and upon such other terms and  condi-
     9  tions as determined by the governing body of the city of Albany.
    10    § 2. The authorization contained in section one of this act shall take
    11  effect only upon the condition that the city of Albany shall dedicate an
    12  amount  equal  to or greater than the fair market value of the parklands
    13  being discontinued towards the acquisition of new parklands and/or capi-
    14  tal improvements to existing park and recreational facilities.
    15    § 3. The parklands authorized by section one of this act to be discon-
    16  tinued as parklands are described as follows:
    17  ALL that certain piece or parcel of land located in the City of  Albany,
    18  County  of Albany, State of New York and being more particularly bounded
    19  and described as follows:
    20  Parcel 1
    21  Commencing at a point on the westerly street boundary of  Martin  Luther
    22  King Jr. Boulevard at its intersection with the southerly street bounda-
    23  ry of Park Avenue and running along the said westerly street boundary of
    24  Martin Luther King Jr. Boulevard a distance of 235± feet to the point of
    25  beginning  of  the herein described Parkland Alienation Parcel 1; thence
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8791--A                          2
     1  continuing along said westerly street boundary of Martin Luther King Jr.
     2  Boulevard the following two (2) courses and distances:
     3    1.  South 24°31'32" West, a distance of 9.53 feet to a point of curva-
     4  ture; and
     5    2. along a curve to the left having a radius of 308.00  feet,  an  arc
     6  length  of 47.87 feet and a chord of South 20°04'22" West, a distance of
     7  47.82 feet to a point;
     8  Thence running through lands now or formerly of the City of Albany,  Tax
     9  Parcel 76.10-1-3, the following sixteen (16) courses and distances:
    10    1. North 84°48'55" West, a distance of 68.00 feet to a point;
    11    2. South 05°11'05" West, a distance of 40.76 feet to a point;
    12    3. South 53°21'58" West, a distance of 17.83 feet to a point;
    13    4. South 63°54'14" West, a distance of 16.84 feet to a point;
    14    5.  South  70°11'06"  West,  a  distance  of 139.34 feet to a point of
    15  curvature;
    16    6. along a curve to the right having a radius of 328.96 feet,  an  arc
    17  length  of 84.34 feet and a chord of North 42°37'38" West, a distance of
    18  84.11 feet to a point;
    19    7. North 35°16'56" West, a distance of 54.59 feet to a point;
    20    8. North 05°11'03" East, a distance of 109.30 feet to a point;
    21    9. North 39°02'50" West, a distance of 575.64 feet to a point;
    22    10. North 50°57'31" East, a distance of 80.00 feet to a point;
    23    11. South 39°02'50" East, a distance of 579.49 feet to a point;
    24    12. South 84°48'57" East, a distance of 179.54 feet to a point;
    25    13. North 50°05'39" East, a distance of 28.88 feet to a point;
    26    14. South 39°54'21" East, a distance of 57.00 feet to a point;
    27    15. South 50°05'39" West, a distance of 21.49 feet to a point; and
    28    16. South 39°54'21" East, a distance of 70.63 feet  to  the  point  or
    29  place of beginning.
    30  Containing 109,051 square feet or 2.50 acres of land, more or less.
    31  Subject to all rights, easements, covenants or restrictions of record.
    32  Subject  to  any statement of facts that an up to date abstract of title
    33  would disclose.
    34    § 4. In the event that the city of Albany received any funding support
    35  or assistance from the federal government for the purchase,  maintenance
    36  or  improvement of the parklands set forth in section three of this act,
    37  the discontinuance and alienation of such  parkland  authorized  by  the
    38  provisions  of  this  act  shall  not occur until the city of Albany has
    39  complied with any federal requirements pertaining to the  alienation  or
    40  conversion  of such parklands, including satisfying the secretary of the
    41  interior that the alienation or conversion complies with all  conditions
    42  which  the  secretary  of  the  interior  deems  necessary to assure the
    43  substitution of other lands shall be equivalent in fair market value and
    44  usefulness to the lands being alienated or converted.
    45    § 5. This act shall take effect immediately.