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.

---

S2342-2013 Actions

• Jan 16, 2013: REFERRED TO LOCAL GOVERNMENT

S2342-2013 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.

S2342-2013 Text

                      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.