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S05717 Summary:

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S05717 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5717--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 7, 2013
                                       ___________
 
        Introduced  by  Sen.  DeFRANCISCO -- 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 in relation to authorizing the New York state  canal  corporation

          to  abandon  certain  canal  lands and authorizing the commissioner of
          general services to sell and convey the right, title and  interest  of
          the  people  of  the state of New York, in and to certain lands of the
          New York state canal corporation located  in  the  city  of  Syracuse,
          county of Onondaga
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  The New York state canal corporation is hereby  authorized
     2  to  abandon  certain canal lands as described in section two of this act
     3  as such lands are determined to be no longer necessary or  useful  as  a
     4  part  of the barge canal system, as an aid to navigation thereon, or for
     5  barge canal terminal purposes. Such abandonment shall be  in  accordance
     6  with the applicable provisions of the canal law.

     7    § 2. The subject lands herein are described generally as follows:
     8    All  that  tract  or  parcel of land, situate in the City of Syracuse,
     9  County of Onondaga and State of New York, being Parcel AR according to a
    10  map "New York State Canal Corporation Map Showing Abandoned Barge  Canal
    11  Terminal  Lands in the City of Syracuse, County of Onondaga and State of
    12  New York" by John E. McIntosh III  dated  June  29,  2011,  bounded  and
    13  described as follows:
    14    Beginning  at  the most southerly corner of said Parcel AR, said point
    15  being the following courses and distances from the intersection  of  the
    16  northerly boundary of West Kirkpatrick Street with the westerly boundary
    17  of  an  abandoned  portion  of West Court Street: 1) S 56 23'00" W along
    18  said northerly boundary of West Kirkpatrick Street, a distance of 395.76

    19  feet to the southwesterly boundary of Parcel A2 according to  said  "New
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11416-04-3
        S. 5717--A                          2
 
     1  York  State Canal Corporation Map Showing Abandoned Barge Canal Terminal
     2  Lands in the City of Syracuse, County  of  Onondaga  and  State  of  New
     3  York";  2) N 37 34'00" W along said southwesterly boundary of Parcel A2,
     4  a  distance of 51.59 feet; 3) N 62 54'30" W continuing along said south-
     5  westerly boundary of Parcel A2, a distance of 81.13 feet; 4) S 57 24'46"
     6  W continuing along said southwesterly boundary of Parcel A2, a  distance
     7  of  110.10  feet;  5)  N 32 16'39" W continuing along said southwesterly

     8  boundary of Parcel A2, a distance  of  11.75  feet;  6)  N  57 24'46"  E
     9  continuing along said southwesterly boundary of Parcel A2, a distance of
    10  84.33 feet; 7) N 50 39'10" W continuing along said southwesterly bounda-
    11  ry  of  Parcel  A2, a distance of 14.30 feet to said point of beginning;
    12  running  thence  around  said  Parcel  AR  the  following  courses   and
    13  distances:  1) N 50 39'10" W, 52.28 feet; 2) N 56 21'00" E, 736.26 feet;
    14  3) N 50 17'00" W, 173.44 feet;  4)  S  56 21'00"  W,  365.60  feet;  5)N
    15  33 39'00"  W,  99.29 feet; 6) N 56 21'00" E, 335.94 feet; 7) N 50 17'00"
    16  W, 173.05 feet; 8) S 56 21'00" W, 365.21 feet; 9) N 33 39'00"  W,  99.21
    17  feet;  10)  N  56 21'00" E, 335.57 feet; 11) N 50 17'00" W, 173.62 feet;
    18  12) S 56 21'00" W, 364.95 feet; 13) N 33 39'00" W,  50.00  feet;  14)  N
    19  56 21'00"  E,  402.20  feet;  15)  S  50 17'00"  E,  305.00  feet; 16) S

    20  39 43'00" W, 30.00 feet; 17) S 50 17'00" E, 204.86 feet; 18) N 39 43'00"
    21  E, 30.00 feet; 19) S 50 17'00" E, 298.98 feet to said westerly  boundary
    22  of  an  abandoned portion of West Court Street; 20) Southerly along said
    23  westerly boundary of an abandoned portion of West Court Street following
    24  a curve to the left having a radius of 515.00 feet,  an  arc  length  of
    25  30.05  feet  to  the  northwesterly  boundary  of  said Parcel A2; 21) S
    26  56 21'00" W along said northwesterly boundary of Parcel A2, 627.30 feet;
    27  22) N 33 39'00" W along said northwesterly boundary of Parcel A2,  31.90
    28  feet;  23) S 56 21'00" W along said northwesterly boundary of Parcel A2,
    29  60.00 feet; 24) S 33 39'00"  E  along  said  northwesterly  boundary  of
    30  Parcel A2, 31.90 feet; 25) S 56 21'00" W along said northwesterly bound-
    31  ary of Parcel A2, 73.64 feet to the point of beginning.

    32    Containing 3.615 acres of land, more or less.
    33    All  as  shown  on a map "Parcel AR, Lands to be Abandoned by New York
    34  State Canal Corporation, Map  Showing  Abandoned  Barge  Canal  Terminal
    35  Lands,  City  of  Syracuse, County of Onondaga and State of New York" by
    36  Ianuzi & Romans Land Surveying, P.C. dated June 6, 2013.
    37    § 3. The commissioner of general services is hereby authorized to sell
    38  and convey at fair market value at public or private sale certain  aban-
    39  doned  lands  of  the  New  York state canal corporation, related to the
    40  Inner Harbor Project in Syracuse, described in section two of this  act.
    41  Conveyance  of  such  lands shall be made in such parcel or parcels, and
    42  upon such terms and conditions, including consideration, as the  commis-
    43  sioner  of  general  services may determine; provided, however, all such

    44  conveyances shall be subject to an easement or easements  or  permit  or
    45  permits acquired by grant or grants by any utility company, public util-
    46  ity  company,  utility  corporation  or  public  utility corporation, as
    47  defined in subdivisions 23 and 24 of section 2  of  the  public  service
    48  law,  which has installed any structure or transmission lines upon, over
    49  or under any such lands.  Such  conveyances  shall  be  subject  to  the
    50  approval of the director of the budget.
    51    §  4.  Such  private  sales  or conveyances may be made without public
    52  bidding to the owners of structures erected on the lands to be conveyed,
    53  or  to  incorporated  property  owners  associations  representing  such
    54  persons,  or  to  such  other  persons  as  the  commissioner of general
    55  services may determine. The commissioner of general  services  may  also

        S. 5717--A                          3
 
     1  lease  such  lands  to the owners of such structures who do not purchase
     2  such lands under the provisions of this act.
     3    §  5.  The commissioner of general services shall promulgate rules and
     4  regulations establishing the procedures to be followed in  the  disposi-
     5  tion  of  these  lands,  including a schedule of the consideration to be
     6  charged for each conveyance. Such  schedule  shall  be  subject  to  the
     7  approval of the director of the budget.
     8    §  6.  The  authorization  to sell at private sale pursuant to section
     9  three of this act shall expire 5 years after the effective date of  this
    10  act.
    11    § 7. This act shall take effect immediately.