Bill Text: NY S09310 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes the City of Troy to lease sub-surface park land property referred to as Riverfront Park for district geothermal wells and distribution lines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-08-17 - SIGNED CHAP.547 [S09310 Detail]

Download: New_York-2021-S09310-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9310

                    IN SENATE

                                      May 13, 2022
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and Recreation

        AN ACT authorizing the city of Troy to lease sub-surface park land prop-
          erty referred to as Riverfront Park

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Notwithstanding any inconsistent provision of section 20
     2  of the general city law, the city of Troy, acting  by  and  through  its
     3  city  council,  and upon such terms and conditions as determined by such
     4  body, is authorized to discontinue as parklands and  to  lease  at  fair
     5  market value for a term not to exceed thirty years, the subsurface lands
     6  more  particularly  described in section three of this act, for district
     7  geothermal wells and distribution lines.   Upon the  completion  of  the
     8  installation of subsurface equipment, the city of Troy shall restore the
     9  surface of the land for use as parkland.
    10    § 2. The authorization contained in section one of this act shall take
    11  effect  only  upon  the  condition  that  the  city of Troy dedicate the
    12  proceeds of the lease toward the acquisition  of  new  parklands  and/or
    13  capital improvements to existing park/recreational facilities.
    14    § 3. The sub-surface lands authorized by section one of this act to be
    15  discontinued as parkland and leased are described as follows:
    16    ALL  THAT CERTAIN TRACT PIECE OR PARCEL OF LAND situate in the city of
    17  Troy, Rensselaer County, New York lying between the north-western margin
    18  of Front Street, and 36 feet southeast of the Hudson River Seawall, east
    19  of tax parcel 101.53-1-1 and west of the Riverfront Park  Band  perform-
    20  ance  area and spray park, being more particularly bounded and described
    21  as follows:
    22    BEGINNING at a point at the south corner of Riverfront Park tax parcel
    23  101.45-5-1.1 at its intersection with the City of  Troy's  Front  Street
    24  right-of  way, then following these 6 courses: Northeast along the prop-
    25  erty line between the City of Troy right-of-way  for  Front  Street  and
    26  Riverfront Park parcel 101.45-5-1.1 approximately 474 feet 9 inches to a
    27  point  that  is  42.732819 degrees north, 73.690792 degrees west; North-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15489-03-2
        S. 9310                             2

     1  west, perpendicular to said property line, 186  feet  1/2  inches  to  a
     2  point that is 45 feet 1/4 inch southeast of the Hudson River side of the
     3  seawall  along  this line extended; Southwest 103 feet 8 1/4 inches to a
     4  point that is 36 feet from the Hudson River side of the seawall measured
     5  perpendicular  to the seawall; South-southwest, parallel to, and 36 feet
     6  from the Hudson River side of the seawall for a distance of 420  feet  2
     7  1/4  inches  to  a point on the property line separating Riverfront Park
     8  parcel 101.45-5-1.1 and 101.53-1-1; Southeast 26 feet 2 inches along the
     9  property line separating Riverfront Park parcel 101.45-5-1.1 and  parcel
    10  101.53-1-1;  East approximately 84' 8 3/4 inches along the property line
    11  separating the city of Troy Right-of way for Front Street and Riverfront
    12  Park parcel 101.45-5-1.1 to the point of beginning.
    13    Containing a total of 1.47 acres more or less.
    14    § 4. Should the lands described in section three of this act cease  to
    15  be used for the purposes described in section one of this act, the lease
    16  shall  terminate  and  those  lands shall revert to the city of Troy for
    17  public park and recreational purposes. At the time  of  such  reversion,
    18  the  removal of the equipment shall take place and the property shall be
    19  returned to its previous state, consistent with  park  and  recreational
    20  purposes.
    21    §  5. In the event that the city of Troy received any funding, support
    22  or assistance from the federal government for the purchase,  maintenance
    23  or  improvement of the parklands set forth in section three of this act,
    24  the discontinuance and alienation of such  parkland  authorized  by  the
    25  provisions  of  this  act  shall  not  occur  until the city of Troy has
    26  complied with any federal requirements pertaining to the  alienation  or
    27  conversion of such park lands, including satisfying the secretary of the
    28  interior  that the alienation or conversion complies with all conditions
    29  which the secretary of  the  interior  deems  necessary  to  assure  the
    30  substitution of other lands shall be equivalent in fair market value and
    31  usefulness to the lands being alienated or converted.
    32    § 6. This act shall take effect immediately.