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.