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.
- Jan 16, 2013: REFERRED TO LOCAL GOVERNMENT
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.
S T A T E O F N E W Y O R K ________________________________________________________________________ 2342 2013-2014 Regular Sessions I N SENATE 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.