STATE OF NEW YORK
________________________________________________________________________
8898--A
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the city of Niagara Falls to alienate
and discontinue the use of certain parklands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the city of Niagara
2 Falls is hereby authorized, acting by and through its governing body,
3 and upon such terms and conditions as determined by, and in the sole
4 discretion of such governing body, to discontinue the use as parkland
5 and alienate the lands described in section three of this act, and to
6 convey property interests in such lands to The Papermill, LLC for the
7 purpose of joining two commercial properties that this parcel divides
8 preventing development of the adjacent properties.
9 § 2. The authorization contained in section one of this act shall only
10 be effective on the condition that the city of Niagara Falls dedicate an
11 amount equal to or greater than fair market value of the parklands being
12 alienated pursuant to section one of this act towards the acquisition of
13 new parklands and/or capital improvements to existing park and recre-
14 ational facilities.
15 § 3. The portion of land authorized by section one of this act to be
16 permanently discontinued as parkland is described as follows:
17 ALL THAT TRACT, PIECE OF PARCEL OF LAND, situate in the City of
18 Niagara Falls, County of Niagara, and State of New York, known as the
19 "Ten Rod Strip", located and bounded and described as follows:
20 Beginning at a point where the south line of Buffalo Avenue produced
21 from the east (99-foot-wide Roadway) intersects the east line of Tenth
22 Street produced south;
23 Thence running south along the east line of Tenth Street produced
24 south to the north line of lands Appropriated by the Power Authority of
25 the State of New York for the Niagara Power Project, Map No. 1499 Parcel
26 1966 recorded in Liber 1426 of deeds at page 980;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13779-04-4
A. 8898--A 2
1 Thence northwesterly, along the north line of lands Appropriated by
2 the Power Authority of the State of New York for the Niagara Power
3 Project, Map No. 1499 Parcel 1966 recorded in Liber 1426 of deeds at
4 page 980 to a point that is distant from the east line of Tenth Street,
5 produced south as aforesaid ten rods or 165 feet measured at right
6 angles therefrom;
7 Thence running north, parallel to the east line of Tenth Street
8 produced south and distant ten rods or 165 feet therefrom to the south
9 line of Buffalo as a 66-foot-wide Roadway;
10 Thence east, along the south line of Buffalo Avenue as a 66-foot-wide
11 Roadway to the west line of Tenth Street produced south;
12 Thence south along the west line of Tenth Street produced south to the
13 south line of Buffalo Avenue produced from the east (99-foot-wide Road-
14 way);
15 Thence east, along the south line of Buffalo Avenue produced from the
16 east (99-foot-wide Roadway) to the POINT OR PLACE of BEGINNING, contain-
17 ing 1.77 acres more or less.
18 § 4. In the event that the city of Niagara Falls received any funding
19 support or assistance from the federal government for the purchase,
20 maintenance, or improvement of the parklands set forth in section three
21 of this act, the discontinuance and alienation of such parklands author-
22 ized by the provisions of this act shall not occur until the city of
23 Niagara Falls has complied with any federal requirements pertaining to
24 the alienation or conversion of parklands, including satisfying the
25 secretary of the interior that the alienation or conversion complies
26 with all conditions which the secretary of the interior deems necessary
27 to assure the substitution of other lands shall be equivalent in fair
28 market value and usefulness to the lands being alienated or converted.
29 § 5. This act shall take effect immediately.
