S T A T E O F N E W Y O R K
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7350
2011-2012 Regular Sessions
I N A S S E M B L Y
May 2, 2011
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Introduced by M. of A. HOYT, CORWIN -- Multi-Sponsored by -- M. of A.
HAWLEY, OAKS, PEOPLES-STOKES -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT in relation to authorizing and directing the conveyance of
certain lands owned by the New York state thruway authority in the
city of Lockport in the county of Niagara to Hydraulic Race Co., Inc.
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding the provisions of any other law to the
contrary, the chairman of the New York state thruway authority is hereby
authorized and directed to enter into a contract, on behalf of and in
the name of the state, for the conveyance of title to two parcels of
land in the city of Lockport in the county of Niagara, as more fully
described in section two of this act, to Hydraulic Race Co., Inc., for
fair market value to be determined by an independent appraiser agreed to
by both parties.
S 2. The lands authorized by this act to be conveyed are as follows:
All that tract or parcel of land, being part of the Enlarged Erie
Canal, situate in the City of Lockport, County of Niagara, State of New
York and being part of Lot 12, Section 14, Township 14, Range 6 of the
Holland Land Company's survey, bounded and described as follows:
Beginning at a point on the westerly Canal Blue Line, said point being
165.6 feet northwesterly, measured at right angles, from station 5870 +
06.5 of the centerline of the improved Erie Canal and RUNNING THENCE
North 40°-58'-16" East, along the said westerly Blue Line, 89.02 feet;
THENCE South 89°-24'-30" East, 27.74 feet; THENCE South 10°-33'-43"
West, 66.67 feet; THENCE South 86°-57'-10" East, 30.12 feet; THENCE
South 43°-10'-18" West, 68.00 feet; THENCE North 46°-49'-42" West, 44.33
feet; THENCE South 45°-37'-09" West, 140.74 feet to a point on the
westerly Canal Blue Line; THENCE North 32°-37'-30" East, 140.00 feet to
the POINT OR PLACE OF BEGINNING; containing 0.188 Acres, be the same,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05700-04-1
A. 7350 2
more or less. All bearings are reference to true north. And also PARCEL
2: All that tract or parcel of land being part of the Enlarged Erie
Canal, situate in the City of Lockport, County of Niagara, State of New
York and being part of Lot 12, Section 14, Township 14, Range 6 of the
Holland Land Company's survey, bounded and described as follows: Begin-
ning at a point on the westerly Canal Blue Line, said point being 172.1
feet northwesterly, measured at right angles, from station 5868 + 36.7
of the centerline of the improved Erie Canal and running thence North
40°-58'-16" East along the said Canal Blue Line, 28.00 feet; thence
south 46°-54'-03" East 83.58 feet; Thence South 43°-10'-18" West, 20.00
feet; Thence North 52°-25'-31" West, 82.90 feet to the point or place or
place of beginning; containing 0.046 Acres, be the same more or less.
All bearings are referenced to the true north.
S 3. In the event that the state received any funding support or
assistance from the federal government for the purchase, maintenance or
improvement of the canal lands set forth in section two of this act, the
discontinuance and alienation of such canal lands authorized by
provisions of section one of this act shall not occur until the state
has complied with any federal requirements pertaining to the alienation
or conversion of such canal lands, including satisfying the Secretary of
the Interior that the alienation or conversion complies with all condi-
tions which the Secretary of the Interior deems necessary to assure the
substitution or improvement of other lands shall be equivalent in fair
market and usefulness to the lands being alienated or converted.
S 4. The chairman of the New York state thruway authority shall
prescribe additional terms for the conveyance of lands as he or she
deems necessary. Such contracts shall not become binding upon the state
until approved by the director of the budget and the comptroller. The
deed from the state to the land pursuant to the provisions of such
contract shall be approved by the attorney general as to form and manner
of execution before such deed shall be executed on behalf of the state.
Notwithstanding the provisions of the public lands law, the conveyance
of the state owned lands, pursuant to such contract, shall be without
reservation or exception except as provided for in such contract. Upon
certification by the commissioner of environmental conservation to the
commissioner of general services of a copy of the contract and certif-
ication that Hydraulic Race Co., Inc., has complied with all terms and
conditions of the contract upon its part to be kept and performed,
together with a description of each of the parcels to be conveyed, the
commissioner of general services shall convey all the right, title and
interest of the state in such land in accordance with the provisions of
the contract.
S 5. This act shall take effect immediately.