senate Bill S2342A

Signed By Governor
2013-2014 Legislative Session

Authorizes the city of Albany to discontinue use of lands as park lands and to dedicate new park lands

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Archive: Last Bill Status Via A4717 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 12, 2013 signed chap.109
Jul 02, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
home rule request
3rd reading cal.1477
substituted for s2342a
Jun 20, 2013 substituted by a4717a
ordered to third reading cal.1477
committee discharged and committed to rules
Jun 05, 2013 print number 2342a
amend (t) and recommit to local government
Jan 16, 2013 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S2342 - Bill Details

See Assembly Version of this Bill:
A4717A
Law Section:
Parks
Versions Introduced in 2011-2012 Legislative Session:
S7606A, A10578A

S2342 - Bill Texts

view summary

Authorizes the city of Albany to discontinue use of lands as park lands and to dedicate the fair market value of those park lands to the acquisition of additional park lands and/or improvements to existing park lands.

view sponsor memo
BILL NUMBER:S2342

TITLE OF BILL: An act to authorize the city of Albany to discontinue
the use of certain lands as park lands

PURPOSE OR GENERAL IDEA OF BILL: To allow the City of Albany to
alienate a small under-utilized pocket park and sell it so that it can
be developed and the property put back on the tax rolls.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Authorization of the alienation

Section 2 - Conditions of alienation regarding replacement value

Section 3 - Delineates the property to be alienated

Section 4 - Outlines conditions required by parkland that need to be
me

Section 5 - Effective date

JUSTIFICATION: To allow the city to replace a small pocket park
-where the majority of the property is well below street level and
contains forest and overgrowth- to sell it so it can be developed into
independent senior garden apartments. The city will dedicate new city
park lands or improve existing parklands at a level equal to or
greater than fair market value to the lands being alienated.

PRIOR LEGISLATIVE HISTORY: 2011/2012 - S.7606A/A.10578A Referred to
the Senate Committee on Rules and the Assembly Committee on Cities

FISCAL IMPLICATIONS:; None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2342

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize the city of Albany to discontinue the use of certain
  lands as park lands

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subject to the provisions of this act, the city of Albany,
located in the county of Albany, is hereby  authorized,  acting  by  and
through  its common council and upon such terms and conditions as deter-
mined by such common council, to discontinue the use as park  lands  the
lands  more  particularly  described in section three of this act and to
transfer such lands, at fair market value, which are  no  longer  needed
for park purposes for use in connection with the development of property
for independent senior garden apartments.
  S  2.  The  authorization provided in section one of this act shall be
subject to the condition that the city of Albany shall dedicate the fair
market value of those park lands being discontinued to  the  acquisition
of additional park land and/or improvements to existing park land.
  S 3. The lands authorized by this act to be discontinued as park lands
are as follows:
  All  that  tract,  piece or parcel of land situate, lying and being in
the City of Albany, County of Albany, State of New  York,  more  partic-
ularly described as follows:
  Beginning  at  a point on the southeasterly side of South Allen Street
60 feet northeasterly from the corner of South  Allen  Street  and  Dale
Place  and running thence northeasterly along said southeasterly side of
South Allen Street a distance of 390 feet to a point, thence  southeast-
erly along the southerly line of lot 252 as shown on map of Allen Street
Terrace  referenced  below,  100 feet, running thence northeasterly on a
line parallel to South Allen Street 60 feet to the south line of lot 165
on said map, thence southeasterly 98  feet  to  the  northwest  side  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01958-01-3

S. 2342                             2

Onderdonk  Avenue,  thence running southwesterly along the northwesterly
side of Onderdonk Avenue 510 feet to the northerly line of  Dale  Place,
running thence northwesterly along the said northerly line of Dale Place
98  feet,  thence northeasterly on a line parallel to South Allen Street
60 feet, thence northwesterly 100 feet  to  the  southeasterly  side  of
South Allen Street, the point and place of beginning.
  Said parcels being lots 166 to 182 on Onderdonk Avenue and Lots 239 to
251  fronting  on  South  Allen  Street as shown on map or plan of Allen
Street Terrace, made by A.L. Eliot, C.E. dated March 8, 1911  and  filed
in the Albany County Clerk's Office in Book 25 as Map 750, said lands to
be removed from park purposes.
  Containing 2.04 acres, more or less.
  S  4.  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 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 5. This act shall take effect immediately.

S2342A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4717A
Law Section:
Parks
Versions Introduced in 2011-2012 Legislative Session:
S7606A, A10578A

S2342A (ACTIVE) - Bill Texts

view summary

Authorizes the city of Albany to discontinue use of lands as park lands and to dedicate the fair market value of those park lands to the acquisition of additional park lands and/or improvements to existing park lands.

view sponsor memo
BILL NUMBER:S2342A

TITLE OF BILL: An act to authorize the city of Albany to discontinue
the use of certain lands as park lands and to dedicate new park lands

PURPOSE OR GENERAL IDEA OF BILL: To allow the City of Albany to
alienate a small underutilized pocket park and sell it so it can be
developed and the property put back on the tax rolls.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - authorization of the alienation

Section 2 - conditions of alienation regarding replacement value

Section 3- delineates the property to be alienated

Section 4 - description of replacement property

Section 5 -outlines conditions that need to be met for parkland
alienation to take effect

Section 5 - effective date

JUSTIFICATION: To allow the city to replace a small pocket park -
where the majority of the property is well below street level and
contains forest and overgrowth - to sell it so it can be developed
into independent senior garden apartments. The city will dedicate new
city park lands equal to or greater than fair market value to the
lands being alienated

PRIOR LEGISLATIVE HISTORY: 2012;A10578-A/S7606-A

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect immediately

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

                                 2342--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- 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 to authorize the city of Albany to discontinue the use of certain
  lands as park lands and to dedicate new park lands

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subject to the provisions of this act, the city of Albany,
located in the county of Albany, is hereby  authorized,  acting  by  and
through  its common council and upon such terms and conditions as deter-
mined by such common council, to discontinue the use as park  lands  the
lands  more  particularly  described  in  section two of this act and to
transfer such lands, at fair market value, which are  no  longer  needed
for park purposes for use in connection with the development of property
for independent senior garden apartments.
  S 2. The authorization contained in section one of this act shall only
be  effective on the condition that the city of Albany acquire and dedi-
cate as parklands the lands described in section four of this act,  such
land  to  be  used  for park purposes. If the replacement lands are less
than the fair market value of the lands being  alienated,  the  city  of
Albany  must  dedicate  the difference for the acquisition of additional
parkland and/or for capital improvements to existing parkland.
  S 3. The lands authorized by this act to be discontinued as park lands
are as follows:
  All that tract, piece or parcel of land situate, lying  and  being  in
the  City  of  Albany, County of Albany, State of New York, more partic-
ularly described as follows:
  Beginning at a point on the southeasterly side of South  Allen  Street
60  feet  northeasterly  from  the corner of South Allen Street and Dale
Place and running thence northeasterly along said southeasterly side  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01958-05-3

S. 2342--A                          2

South  Allen Street a distance of 390 feet to a point, thence southeast-
erly along the southerly line of lot 252 as shown on map of Allen Street
Terrace referenced below, 100 feet, running thence  northeasterly  on  a
line parallel to South Allen Street 60 feet to the south line of lot 165
on  said  map,  thence  southeasterly  98  feet to the northwest side of
Onderdonk Avenue, thence running southwesterly along  the  northwesterly
side  of  Onderdonk Avenue 510 feet to the northerly line of Dale Place,
running thence northwesterly along the said northerly line of Dale Place
98 feet, thence northeasterly on a line parallel to South  Allen  Street
60  feet,  thence  northwesterly  100  feet to the southeasterly side of
South Allen Street, the point and place of beginning.
  Said parcels being lots 166 to 182 on Onderdonk Avenue and Lots 239 to
251 fronting on South Allen Street as shown on  map  or  plan  of  Allen
Street  Terrace,  made by A.L. Eliot, C.E. dated March 8, 1911 and filed
in the Albany County Clerk's Office in Book 25 as Map 750, said lands to
be removed from park purposes.
  Containing 2.04 acres, more or less.
  S 4.  The lands to be acquired and dedicated as parkland are all  that
tract,  piece  or parcel of land situate, lying and being in the City of
Albany, County of Albany, State of New York, more  particularly  bounded
and described as follows:
  Beginning  at  a  point  on  the  northerly street line of North Third
Street distant 173.50 feet westerly from the  westerly  street  line  of
North Pearl Street; running thence northerly and parallel to the wester-
ly  street line of North Pearl Street for a distance of 212.00 feet to a
point of bend; thence  northwesterly  with  an  interior  angle  of  214
degrees,  46  minutes  for a distance of 125.38 feet to a point which is
105.00 feet westerly from and at right angles to the easterly  lot  line
of the property of William P. Van Rensselaer Estate Corporation, reputed
owners; thence easterly with an interior angle of 55 deg. 14 minutes for
a  distance  of  105.00 feet to the said easterly lot line of William P.
Van Rensselaer Estate Corporation; thence  southerly  with  an  interior
angle  of  90  deg. along the said easterly lot line and parallel to the
westerly street line of North Pearl Street for a distance of 315.00 feet
to the northerly street line of North Third Street; thence westerly with
an interior angle of 90 deg. along the northerly street  line  of  North
Third  Street  for  a  distance  of 33.50 feet to the point and place of
beginning.
  All that tract, piece or parcel of land situate, lying  and  being  in
the  City  of  Albany, County of Albany, State of New York, more partic-
ularly bounded and described as follows:
  Beginning at a point in the  northerly  street  line  of  North  Third
Street  located  173.50  feet  westerly  along said street line from its
intersection with the west line of North Pearl  Street,  running  thence
northerly and parallel to the westerly street line of North Pearl Street
for  a  distance of 212.00 feet to a point of bend; thence northwesterly
with an interior angle of 214 deg. 46' for a distance of 125.38 feet  to
a point; thence easterly a distance of 105.00 feet; thence N 24 deg. 29'
58"  E  for a distance of 112.64 feet to the south line of lots fronting
on Lawn Avenue; thence N 65 deg. 30' 02" W along the south lines of said
lots 260.0 feet to the southwest corner of premises  known  as  42  Lawn
Avenue;  thence S 24 deg. 29' 58" W a distance of 427.64 feet to a point
on the north line of North Third Street; thence S  65  deg.  53'  38"  E
along  the  north line of North Third Street 226.50 feet to the point of
beginning.  Containing 2.20 acres more or less.

S. 2342--A                          3

  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 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.

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