Bill Text: NY S08791 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8791 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 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 12 lands in an amount equal to or greater than the fair market value of the 13 parklands described in section three of this act as additional parklands 14 of the city and/or for capital improvements to the existing park and 15 recreational facilities. In the event that the parklands to be dedicated 16 by the city of Albany pursuant to this act are not equal to or greater 17 than the fair market value of the parkland to be discontinued, the city 18 of Albany shall dedicate the difference of the fair market value of the 19 lands to be alienated and the lands to be dedicated for the acquisition 20 of additional parklands and/or for capital improvements to the existing 21 park and recreational facilities. 22 § 3. The parklands authorized by section one of this act to be discon- 23 tinued as parklands are described as follows: 24 ALL that certain piece or parcel of land located in the City of Albany, 25 County of Albany, State of New York and being more particularly bounded 26 and described as follows: 27 Parcel 1 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15976-01-8S. 8791 2 1 Commencing at a point on the westerly street boundary of Martin Luther 2 King Jr. Boulevard at its intersection with the southerly street bounda- 3 ry of Park Avenue and running along the said westerly street boundary of 4 Martin Luther King Jr. Boulevard a distance of 235± feet to the point of 5 beginning of the herein described Parkland Alienation Parcel 1; thence 6 continuing along said westerly street boundary of Martin Luther King Jr. 7 Boulevard the following two (2) courses and distances: 8 1. South 24°31'32" West, a distance of 9.53 feet to a point of curva- 9 ture; and 10 2. along a curve to the left having a radius of 308.00 feet, an arc 11 length of 47.87 feet and a chord of South 20°04'22" West, a distance of 12 47.82 feet to a point; 13 Thence running through lands now or formerly of the City of Albany, Tax 14 Parcel 76.10-1-3, the following sixteen (16) courses and distances: 15 1. North 84°48'55" West, a distance of 68.00 feet to a point; 16 2. South 05°11'05" West, a distance of 40.76 feet to a point; 17 3. South 53°21'58" West, a distance of 17.83 feet to a point; 18 4. South 63°54'14" West, a distance of 16.84 feet to a point; 19 5. South 70°11'06" West, a distance of 139.34 feet to a point of 20 curvature; 21 6. along a curve to the right having a radius of 328.96 feet, an arc 22 length of 84.34 feet and a chord of North 42°37'38" West, a distance of 23 84.11 feet to a point; 24 7. North 35°16'56" West, a distance of 54.59 feet to a point; 25 8. North 05°11'03" East, a distance of 109.30 feet to a point; 26 9. North 39°02'50" West, a distance of 575.64 feet to a point; 27 10. North 50°57'31" East, a distance of 80.00 feet to a point; 28 11. South 39°02'50" East, a distance of 579.49 feet to a point; 29 12. South 84°48'57" East, a distance of 179.54 feet to a point; 30 13. North 50°05'39" East, a distance of 28.88 feet to a point; 31 14. South 39°54'21" East, a distance of 57.00 feet to a point; 32 15. South 50°05'39" West, a distance of 21.49 feet to a point; and 33 16. South 39°54'21" East, a distance of 70.63 feet to the point or 34 place of beginning. 35 Containing 109,051 square feet or 2.50 acres of land, more or less. 36 Subject to all rights, easements, covenants or restrictions of record. 37 Subject to any statement of facts that an up to date abstract of title 38 would disclose. 39 § 4. In the event that the city of Albany received any funding support 40 or assistance from the federal government for the purchase, maintenance 41 or improvement of the parklands set forth in section three of this act, 42 the discontinuance and alienation of such parkland authorized by the 43 provisions of section three of this act shall not occur until the city 44 of Albany has complied with any federal requirements pertaining to the 45 alienation or conversion of such parklands, including satisfying the 46 secretary of the interior that the alienation or conversion complies 47 with all conditions which the secretary of the interior deems necessary 48 to assure the substitution of other lands shall be equivalent in fair 49 market value and usefulness to the lands being alienated or converted. 50 § 5. This act shall take effect immediately.