Bill Text: NY S06843 | 2011-2012 | General Assembly | Amended


Bill Title: Authorizes lease between the county of Onondaga and Syracuse University for Onondaga Lake Park for park and recreational improvements.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-08-01 - SIGNED CHAP.322 [S06843 Detail]

Download: New_York-2011-S06843-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6843--A
                                   I N  S E N A T E
                                    March 28, 2012
                                      ___________
       Introduced  by  Sens.  DeFRANCISCO,  VALESKY  --  read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Local
         Government -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN  ACT  in  relation  to  authorizing  the  county of Onondaga to lease
         certain park property to Syracuse University for  Onondaga  Lake  Park
         purposes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. (a)  The  county  of  Onondaga  is  hereby  authorized  and
    2  empowered to lease the waterfront park lands and improvements hereinaft-
    3  er described for up to twenty-five years to Syracuse University for such
    4  consideration and upon such terms, conditions and provisions as shall be
    5  mutually  agreed  upon  by the county and Syracuse University consistent
    6  with section three of this act for boating and recreational activities.
    7    (b) The authorization provided in  subdivision  (a)  of  this  section
    8  shall  be  effective only upon the condition that the county of Onondaga
    9  dedicate an amount equal to or greater than the fair market value of the
   10  lease for the capital improvement of Onondaga Lake Park and/or the capi-
   11  tal improvement of existing park and recreational facilities and/or  for
   12  the  acquisition  of additional waterfront park and recreational facili-
   13  ties.
   14    S 2. The waterfront park lands and improvements to be leased  pursuant
   15  to  this  act comprise the facility known as the Boathouse and that land
   16  immediately adjacent thereto, located at Onondaga Lake Park,  county  of
   17  Onondaga, state of New York, and more particularly described as follows:
   18    Beginning  at  a  point  on  the  northerly shoreline of Onondaga Lake
   19  Outlet, which is intersected by a line 175' easterly of and parallel  to
   20  the westernmost building line of the existing Ten Eyck Boathouse; thence
   21  northerly  along said line a distance of 292'  to a point intersected by
   22  a line 75' northerly of and parallel to the northernmost  building  line
   23  of  said  Ten Eyck Boathouse; thence westerly along said line a distance
   24  of 195' to a point; thence southerly along a line westerly of and paral-
   25  lel to the westernmost building  line  of  said  Ten  Eyck  Boathouse  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14923-03-2
       S. 6843--A                          2
    1  distance  of  55' to a point; thence westerly along a line 20' northerly
    2  of and parallel to the northernmost building line of said Ten Eyck Boat-
    3  house a distance of 210' to a point; then southerly along a line wester-
    4  ly  of  and  parallel  to the westernmost building line of said Ten Eyck
    5  Boathouse a distance of 245'  to a point on the northerly  shoreline  of
    6  Onondaga  Lake Outlet; thence easterly along said shoreline to the point
    7  and place of beginning, containing 2.5  acres  of  land  more  or  less,
    8  together will all improvements and/or structures situated thereon.
    9    The  above  described lands and improvements are situated on a portion
   10  of lands conveyed to the county of Onondaga by GRACE  MARGUERITE  MAURER
   11  as  Executrix  of  the  last  Will  and  Testament  of BERNIE F. MAURER,
   12  Deceased, GRACE MARGUERITE MAURER, Individually residing  at  147  Fitch
   13  Street,  in the City of Syracuse, New York, and KERMIT DRAIS MAURER, her
   14  son, residing at 1107 Valley Drive, in the City of Syracuse,  New  York,
   15  WINIFRED  E.  PECKHAM,  of  106 Elk Street, in the City of Syracuse, New
   16  York, being heirs at law and next of kin and devisees of Bernhardt Maur-
   17  er, Deceased, dated October 18, 1948, and recorded in the Onondaga Coun-
   18  ty Clerk's office, February 4, 1950, in Book of Deeds 1427, page 375.
   19    S 3.  Should the leased waterfront park lands described in section one
   20  of this act cease to be used for the  purposes  described  therein,  the
   21  lease  shall  terminate  and  those  lands shall revert to the county of
   22  Onondaga for public waterfront park and recreational  purposes.  At  the
   23  time  of  such reversion, the property shall be returned to its previous
   24  state, consistent with public waterfront park and recreational purposes.
   25    S 4. Such waterfront park land described in section two  of  this  act
   26  shall  be  made  available  to the general public on an equitable basis.
   27  Where availability of public facilities is  limited,  the  use  of  such
   28  facilities  must  be  determined  by a reservation policy which provides
   29  priority use to the general public.
   30    S 5. If the park land that is the subject of  this  act  has  received
   31  funding  pursuant  to  the federal land and water conservation fund, the
   32  discontinuance of park land authorized by the  provisions  of  this  act
   33  shall  not  occur  until  the municipality has complied with the federal
   34  requirements pertaining to  the  conversion  of  park  lands,  including
   35  satisfying to the secretary of the interior that the discontinuance will
   36  include  all conditions which the secretary of the interior deems neces-
   37  sary to assure the substitution of other lands shall  be  equivalent  in
   38  fair market value and recreational usefulness to the lands being discon-
   39  tinued.
   40    S 6. This act shall take effect immediately.
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