Bill Text: NY S09393 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Authorizes the county of Monroe to convey appropriate instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC for an easement across Lehigh Valley Trail Park, for ingress and egress to and from the project site and installation of a medium voltage cable; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - SUBSTITUTED BY A10129A [S09393 Detail]

Download: New_York-2023-S09393-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9393

                    IN SENATE

                                      May 14, 2024
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT in relation to authorizing the county of Monroe to convey  appro-
          priate  instruments to EH Henrietta Solar 1 LLC and EH Henrietta Solar
          2 LLC for an easement across Lehigh Valley Trail Park, for ingress and
          egress to and from the project site and installation of a medium volt-
          age cable

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

     1    Section  1.  The county of Monroe, acting by and through its governing
     2  body, is hereby authorized to convey by appropriate  instruments  to  EH
     3  Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and their successors
     4  and/or  assigns,  an  easement  across Lehigh Valley Trail Park, as more
     5  particularly described in section three of  this  act,  to  install  and
     6  maintain an access road for ingress and egress, and to install, operate,
     7  and  maintain  a  subsurface cable to facilitate electric grid intercon-
     8  nection, provided that the thoroughfare shall be publicly accessible and
     9  able to be used for park purposes. Upon completion of the  improvements,
    10  the  land  shall  continue to be used for park purposes and any disturb-
    11  ances to the surface of the land due to the subsurface  cable  shall  be
    12  restored  by  EH Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and
    13  their successors and/or assigns.
    14    § 2. The authorization provided in section one of this  act  shall  be
    15  effective only upon the condition that the county of Monroe dedicate the
    16  fair  market  value  of the easement toward the acquisition of new park-
    17  lands and/or capital improvements  to  existing  park  and  recreational
    18  facilities.
    19    §  3.  The easement to be conveyed by the county of Monroe pursuant to
    20  the provisions of this act is described as follows:
    21    All that tract or parcel of land, situate in the  town  of  Henrietta,
    22  county  of  Monroe,  state  of  New York, being part of lot 21, range 3,
    23  township 12, particularly bounded and described as follows:
    24    Commencing at a point in the division line between the lands of  Lehr-
    25  wood  Estates,  LLC  (reputed  owner),  Liber 12459 at page 515 (Tax No.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15454-03-4
        S. 9393                             2

     1  189.02-1-5), on the west with the lands of the County Of Monroe (reputed
     2  owner), Liber 7217 at page 35 (Tax No. 189.04-1-49), on the  east,  said
     3  point  also  being  in  the southerly right-of-way of the New York State
     4  Thruway Authority (I-90); thence
     5    South  08°37'21"  west,  along said division line, a distance of 42.37
     6  feet to the point of beginning; thence
     7    North 87°55'42" east, through said property of the County Of Monroe, a
     8  distance of 67.17 feet to a point in the division line between the lands
     9  of Lehrwood Estates, LLC (reputed owner), Liber 12459 at page  515  (Tax
    10  No.  189.02-1-5),  on  the  east with said lands of the County Of Monroe
    11  (reputed owner), Liber 7217 at page 35 (Tax  No.  189.04-1-49),  on  the
    12  west; thence
    13    South  08°37'21"  west,  along said division line, a distance of 40.71
    14  feet to a point; thence
    15    South 87°55'42" west, through said property of the County Of Monroe, a
    16  distance of 67.17 feet to a point; thence
    17    North 08°37'21" east, along said first division line,  a  distance  of
    18  40.71  feet  to  the  point of beginning. Containing 0.062 acres more or
    19  less.
    20    § 4. Should the subsurface cable cease to be used  for  electric  grid
    21  interconnection,  the  easement  shall  terminate.  At  the time of such
    22  termination, the removal of the access road and subsurface  cable  shall
    23  take  place  and  the  property shall be returned to its previous state,
    24  consistent with park and recreational purposes.
    25    § 5. The conveyance of the easement authorized by  the  provisions  of
    26  this  act  shall  not occur until the county of Monroe has complied with
    27  any applicable federal requirements  pertaining  to  the  alienation  or
    28  conversion of parklands, including satisfying the secretary of the inte-
    29  rior  that  the  alienation  or  conversion complies with all conditions
    30  which the secretary of the interior deems necessary to ensure  that  the
    31  substitution  of  other  lands or monetary compensation be equivalent in
    32  fair market value and recreational usefulness to the lands being  alien-
    33  ated or converted.
    34    § 6. This act shall take effect immediately.