Bill Text: NY A09993 | 2021-2022 | General Assembly | Amended
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: (Introduced - Dead) 2022-06-03 - substituted by s9310 [A09993 Detail]
Download: New_York-2021-A09993-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9993--A IN ASSEMBLY April 29, 2022 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD15489-02-2A. 9993--A 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.
