Assembly Bill A9760

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9760--A

                          I N  A S S E M B L Y

                              April 2, 2012
                               ___________

Introduced  by M. of A. MAGNARELLI, ROBERTS -- read once and referred to
  the Committee on  Local  Governments  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  (a)  The  county  of  Onondaga  is  hereby authorized and
empowered to lease the waterfront park lands and improvements hereinaft-
er described for up to twenty-five years to Syracuse University for such
consideration and upon such terms, conditions and provisions as shall be
mutually agreed upon by the county and  Syracuse  University  consistent
with section three of this act for boating and recreational activities.
  (b)  The  authorization  provided  in  subdivision (a) of this section
shall be effective only upon the condition that the county  of  Onondaga
dedicate an amount equal to or greater than the fair market value of the
lease for the capital improvement of Onondaga Lake Park and/or the capi-
tal  improvement of existing park and recreational facilities and/or for
the acquisition of additional waterfront park and  recreational  facili-
ties.
  S  2. The waterfront park lands and improvements to be leased pursuant
to this act comprise the facility known as the Boathouse and  that  land
immediately  adjacent  thereto, located at Onondaga Lake Park, county of
Onondaga, state of New York, and more particularly described as follows:
  Beginning at a point on  the  northerly  shoreline  of  Onondaga  Lake
Outlet,  which is intersected by a line 175' easterly of and parallel to
the westernmost building line of the existing Ten Eyck Boathouse; thence
northerly along said line a distance of 292'± to a point intersected  by
a  line  75' northerly of and parallel to the northernmost building line
of said Ten Eyck Boathouse; thence westerly along said line  a  distance
of 195' to a point; thence southerly along a line westerly of and paral-
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.
              

                                                           LBD14923-02-2

A. 9760--A                          2

distance of 55' to a point; thence westerly along a line  20'  northerly
of and parallel to the northernmost building line of said Ten Eyck Boat-
house a distance of 210' to a point; then southerly along a line wester-
ly  of  and  parallel  to the westernmost building line of said Ten Eyck
Boathouse a distance of 245'± to a point on the northerly  shoreline  of
Onondaga  Lake Outlet; thence easterly along said shoreline to the point
and place of beginning, containing 2.5± acres  of  land  more  or  less,
together will all improvements and/or structures situated thereon.
  The  above  described lands and improvements are situated on a portion
of lands conveyed to the county of Onondaga by GRACE  MARGUERITE  MAURER
as  Executrix  of  the  last  Will  and  Testament  of BERNIE F. MAURER,
Deceased, GRACE MARGUERITE MAURER, Individually residing  at  147  Fitch
Street,  in the City of Syracuse, New York, and KERMIT DRAIS MAURER, her
son, residing at 1107 Valley Drive, in the City of Syracuse,  New  York,
WINIFRED  E.  PECKHAM,  of  106 Elk Street, in the City of Syracuse, New
York, being heirs at law and next of kin and devisees of Bernhardt Maur-
er, Deceased, dated October 18, 1948, and recorded in the Onondaga Coun-
ty Clerk's office, February 4, 1950, in Book of Deeds 1427, page 375.
  S 3.  Should the leased waterfront park lands described in section one
of this act cease to be used for the  purposes  described  therein,  the
lease  shall  terminate  and  those  lands shall revert to the county of
Onondaga for public waterfront park and recreational  purposes.  At  the
time  of  such reversion, the property shall be returned to its previous
state, consistent with public waterfront park and recreational purposes.
  S 4. Such waterfront park land described in section two  of  this  act
shall  be  made  available  to the general public on an equitable basis.
Where availability of public facilities is  limited,  the  use  of  such
facilities  must  be  determined  by a reservation policy which provides
priority use to the general public.
  S 5. If the park land that is the subject of  this  act  has  received
funding  pursuant  to  the federal land and water conservation fund, the
discontinuance of park land authorized by the  provisions  of  this  act
shall  not  occur  until  the municipality has complied with the federal
requirements pertaining to  the  conversion  of  park  lands,  including
satisfying to the secretary of the interior that the discontinuance will
include  all conditions which the secretary of the interior deems neces-
sary to assure the substitution of other lands shall  be  equivalent  in
fair market value and recreational usefulness to the lands being discon-
tinued.
  S 6. This act shall take effect immediately.