Bill Text: NY A07813 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to authorizing the city of Fulton to discontinue its use of certain waterfront parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-16 - substituted by s6756a [A07813 Detail]

Download: New_York-2015-A07813-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7813
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2015
                                      ___________
       Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
         tee on Cities
       AN ACT authorizing the city of Fulton to discontinue its use of  certain
         waterfront parklands
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. 1. Subject to the provisions  of  this  act,  the  city  of
    2  Fulton, located in the county of Oswego, is hereby authorized, acting by
    3  and  through  its city council, to discontinue its use of the waterfront
    4  land described in section two of this act, and to enter into a  contract
    5  to convey its interest in such real property, along with an easement and
    6  right-of-way  for  ingress and egress, to the town of Granby, located in
    7  the county of Oswego, upon terms agreed to by the city of Fulton and the
    8  town of Granby; provided that the town of Granby  continue  to  use  the
    9  property as parkland, and that the town shall continue to provide access
   10  to such parkland to the general public.
   11    2.  Any  revenues  received  by  the city of Fulton as a result of the
   12  initial conveyance of property described in  section  two  of  this  act
   13  shall be used for capital improvements of existing park and recreational
   14  facilities  and/or  for  acquisition of additional park and recreational
   15  facilities.
   16    S 2. For purposes of this act, the description of the property  to  be
   17  transferred  is  described  as follows:   1. All that tract or parcel of
   18  land, situated in the City of Fulton, County of  Oswego,  State  of  New
   19  York  and  being  part  of  Lot  65 in said city being more particularly
   20  described as follows: Commencing at a point situate in the centerline of
   21  New York State Route 48, said point being 1,651.54' northerly  from  the
   22  south  line  of Lot 65 and the north line of the City of Fulton as meas-
   23  ured along the centerline of New York State Route 48; thence N  78   03'
   24  10"  E,  a  distance  of  33.19' to a point in the east line of New York
   25  State Route 48; thence, N 17  50' 46" W along the east line of New  York
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10333-04-5
       A. 7813                             2
    1  State  Route  48, a distance of 50.27' to a point; thence, N 78  03' 10"
    2  E, a distance of 919.00' to a point; thence, N 06  12' 26" W, a distance
    3  of 107.02' to a point; thence, northerly along  a  curve  to  the  right
    4  having  a  radius of 163.80', an arc length of 85.97'; thence, N 23  51'
    5  54" E, a distance of 158.96' to a point; thence, northerly along a curve
    6  to the left having a radius of 146.24', an arc length  of  78.09'  to  a
    7  point;  thence,  N  06   43'  47"  W,  a distance of 164.41' to a point;
    8  thence, S 83  16' 13" W, a distance of 194.63' to a  point,  said  point
    9  being  the  southeast corner of Brenton (Bk. 1261/Pg. 256) and the Point
   10  of Beginning of the premises conveyed herein; thence, N 17   54'  47"  E
   11  along  the  east  line of said Brenton and the east line of Brannan (Bk.
   12  1214/Pg. 004), a distance of 439.21' to  a  point  being  the  northeast
   13  corner  of  said  Brannan  and the south line of Gorman (R-2011-005902);
   14  thence, N 82  59' 21" E along the south line  of  said  Gorman  and  the
   15  south  line  of  Gorman  (Bk.  1437/Pg. 76), a distance of 547.5' to the
   16  westerly edge of the  Oswego  River;  thence,  southeasterly  along  the
   17  westerly  edge  of the Oswego River as it winds and turns, a distance of
   18  690.8' to a point; thence, S 83  16' 13" W, a distance  of  1,266.1'  to
   19  the point and place of beginning containing 8.3 acres of land; and
   20    2.   The description for the property to be granted as an easement for
   21  ingress and egress is described as follows:  All that tract or parcel of
   22  land, situate in the City of Fulton, County of Oswego, State of New York
   23  and being part of Lot 65 in said city being more particularly  described
   24  as follows: Commencing at a point situate in the center line of New York
   25  State Route 48, said point being 1,651.54' northerly from the south line
   26  of Lot 65 and the north line of the City of Fulton as measured along the
   27  centerline  of  New  York  State  Route  48;  thence, N 78  03' 10" E, a
   28  distance of 33.19' to a point in the east line of New York  State  Route
   29  48 and the Point of Beginning of the premises conveyed herein; thence, N
   30  17  50' 46" W along the east line of New York State Route 48, a distance
   31  of  50.27' to a point; thence, N 78  03' 10" E, a distance of 919.00' to
   32  a point; said point being the southwest corner of a 28'  wide  right-of-
   33  way  and  easement,  thence, N 06  12' 26" W, a distance of 107.02' to a
   34  point; thence, northerly along a curve to the right having a  radius  of
   35  163.80', an arc length of 85.97'; thence, N 23  51' 54" E, a distance of
   36  158.96' to a point; thence, northerly along a curve to the left having a
   37  radius of 146.24', an arc length of 78.09' to a point; thence, N 06  43'
   38  47"  W,  a  distance  of  164.41' to a point; thence, N 83  16' 13" E, a
   39  distance of 28.00' to a point; thence, S 06  43' 47" E,  a  distance  of
   40  164.41'; thence, southerly along a curve to the right having a radius of
   41  174.24', an arc length of 93.04'; thence, S 23  51' 54" W, a distance of
   42  158.96';  thence, southerly along a curve to the left having a radius of
   43  135.80', an arc length of 71.27' to a point; thence, S 06  12' 26" E,  a
   44  distance  of  154.46' to a point; thence, S 78  03' 10" W, a distance of
   45  936.94' to the point and place of beginning  containing  1.46  acres  of
   46  land.    The  town of Granby shall maintain all of the 28' wide easement
   47  northerly to the 8.3 acres described in subdivision one of this section.
   48    S 3. The land to be transferred pursuant to this act  shall  be  owned
   49  and maintained by the town of Granby as parkland, and made available for
   50  uses normally associated with waterfront parkland. Where the availabili-
   51  ty  of  the  parklands and/or facilities located thereon is limited, the
   52  use of such shall be determined by an equitable  method  which  provides
   53  priority  use  to  the  general public based on a reservation policy for
   54  free or nominal charge.
   55    S 4.  If the property described in section two of this act, and trans-
   56  ferred to the town of Granby pursuant to the provisions  thereof,  shall
       A. 7813                             3
    1  ever  be  used for a purpose other than as public parkland, ownership of
    2  such property shall revert back to the city of Fulton.
    3    S  5. If the parkland that is subject of this act has received funding
    4  pursuant to the federal land and water conservation fund, the discontin-
    5  uance of parkland authorized by the provisions of  this  act  shall  not
    6  occur  until  the  town of Granby has complied with the federal require-
    7  ments pertaining to the conversion of  parklands,  including  satisfying
    8  the  secretary  of the interior that the discontinuance will include all
    9  conditions which the secretary of the interior deems necessary to assure
   10  the substitution of other lands shall be equivalent in fair market value
   11  and recreational usefulness to the lands being discontinued.
   12    S 6. This act shall take effect immediately.
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