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


                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.
                                                                   LBD15976-01-8

        S. 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.
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