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S07251 Summary:

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S07251 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7251--B
            Cal. No. 914
 
                    IN SENATE
 
                                       May 2, 2012
                                       ___________
 
        Introduced  by  Sen.  SALAND -- 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 -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,

          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT to authorize the conveyance of certain real property in the city
          of Poughkeepsie subject to section twenty of the general city law
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Notwithstanding any inconsistent provisions of section 20
     2  of the general city law, and in anticipation of a chapter  amendment  to
     3  include  metes  and bounds for Parcels B and C, the city of Poughkeepsie
     4  is hereby authorized to convey to 1687 Properties,  LLC,  owned  by  the
     5  not-for-profit  organization The Dyson Foundation, at fair market value,
     6  all its rights, title and interest in the real property and improvements
     7  thereon described as Parcel A, Parcel B and Parcel C in section three of

     8  this act. Provided, however, that Parcel A  shall  be  used  solely  for
     9  non-commercial  recreational  purposes for the general public subject to
    10  existing easements and rights of ways as of the effective date  of  this
    11  act.
    12    § 2. The authorization contained in section one of this act shall take
    13  effect  only  upon the conditions that the city of Poughkeepsie dedicate
    14  an amount equal to or greater than the fair market value of Parcel A  in
    15  section  three  of  this act toward the acquisition of additional water-
    16  front property and/or payment for the acquisition of waterfront property
    17  and that the city of Poughkeepsie dedicate an amount equal to or greater
    18  than the fair market value of Parcel B and Parcel C toward the  acquisi-
    19  tion  of  additional waterfront property and/or improvements to existing
    20  waterfront property.

    21    § 3. The property authorized by section one of this act to be conveyed
    22  is generally described as a parcel of real  property  with  improvements
    23  thereon,  consisting  of  approximately 2.717 acres, located at 83 North
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15627-11-2
        S. 7251--B                          2
 
     1  Water Street in the City of Poughkeepsie, County  of  Dutchess,  and  is
     2  bounded  by  the  Hudson  River  on  the west, the Fallkill Creek on the
     3  South, North Water Street on the East and the property line  of  Central
     4  Hudson  Gas and Electric Corp. on the North, and being more particularly
     5  described as follows:
     6                                   Parcel A

     7                           SCHEDULE A DESCRIPTION
     8    All that parcel of land situate in the City of Poughkeepsie, County of
     9  Dutchess and State of New York, bounded and described as follows:
    10    Beginning at a point on the  assumed  westerly  line  of  North  Water
    11  Street at the northeasterly corner of lands, now or formerly of Adolfo's
    12  of Poughkeepsie and the southeasterly corner of lands now or formerly of
    13  Center  Hudson  Gas & Electric Corp., thence along the northerly line of
    14  lands now or formerly of Adolfo's of Poughkeepsie, the northerly line of
    15  the Creek, and the southerly line of lands now or  formerly  of  Central
    16  Hudson  Gas  &  Electric  Corp.,  the  following  three  (3) courses and
    17  distances:
    18    1. North 73  10' 58" West 14.34 feet,
    19    2. North 75  20' 27" West 118.70 feet,
    20    3. North 88  51' 50" West 210.31 feet to a  point  near  the  easterly

    21  line of the Hudson River, thence along said easterly shore of the Hudson
    22  River  and  line  of formerly Water Grants the following two (2) courses
    23  and distances:
    24    4. North 00  20' 35" East 100.00 feet,
    25    5. North 09  54' 25" West 53.00 feet to a proposed  lot  line  between
    26  Lot  1  to the north and the herein described Lot 2 to the south, thence
    27  along said proposed lot line between Lot 1 and Lot 2 the following eight
    28  (8) courses and distances:
    29    6. North 88  18' 40" East 139.71 feet,
    30    7. North 86  53' 00" East 127.26 feet,
    31    8. North 49  38' 00" West 53.00 feet,
    32    9. North 44  30' 00" West 76.17 feet,
    33    10. North 59  51' 00" East 74.41 feet,
    34    11. North 88  31' 20" East 201.06 feet,
    35    12. North 50   31' 40" East 134.80 feet,
    36    13. South 89  23' 46" East 42.30 feet to a point on the aforementioned

    37  assumed westerly line of North Water Street, thence along the  aforemen-
    38  tioned  westerly  road  line of North Water Street the following six (6)
    39  courses and distances:
    40    14.  South 20  22' 30" West 50.19 feet,
    41    15.  South 22  38' 15" West 84.62 feet,
    42    16.  South 26  55' 56" West 236.59 feet,
    43    17.  South 67  25' 17" West 46.96 feet,
    44    18.  South 44  48' 46" West 45.43 and
    45    19.  South 08  25' 51" West 32.06 feet to the point of beginning.
    46    Containing 2.717 acres, more or less
    47    Excluding those lands contained in Parcel B and Parcel C.
    48    Subject to a Access Easement No. 1, Access  Easement  No.  2,  Utility
    49  Easement  No.  1,  Utility  Easement No. 2 and Utility Easement No. 3 as
    50  shown on Filed Map #11198.
    51    Utility Easement No. 1, Utility Easement No. 2  and  Utility  Easement
    52  No.  3 are further described as follows:
    53    Utility Easement No. 1

    54    Beginning  at  a  point  on  the  assumed westerly line of North Water
    55  Street at its intersection with the division line between lands  now  or
    56  formerly  of  Adolfo's of Poughkeepsie, now or formerly Mid-Hudson Chil-
        S. 7251--B                          3
 
     1  dren's Center Doc. 02-2004-4074 on the south and lands now  or  formerly
     2  of  Central  Hudson  Energy  Group, Inc. on the north. Thence along said
     3  division line North 73  10' 58" West  6.43  feet.  Thence  through  said
     4  lands  of Central Hudson Energy Group, Inc. (hereafter called Lot 2) the
     5  following four (4) courses and distances: 1)  North  33   09'  00"  West
     6  39.94  feet, 2) North 55  49' 36" West 159.95 feet, 3) North 48  01' 30"
     7  West 58.68 feet, 4) North 45  28' 10" West  42.10  feet  to  its  inter-
     8  section with the lot line between Lot 1 F.M. 11198 on the north and said

     9  lot  2  on  the  south. Thence along said lot line the following two (2)
    10  courses and distances: 1) North 88  18' 40" East 26.27  feet,  2)  North
    11  86   53'  00"  East  14.93 feet. Thence through said Lot 2 the following
    12  four (4) courses and distances: 1) South 45  28' 10" East 13.20 feet, 2)
    13  South 48  01' 30" East 55.96 feet, 3) South 55  49' 36" East 163.92,  4)
    14  South  33  09' 00" East 25.92 feet to its intersection with said line of
    15  North Water Street. Thence along said line of  North  Water  Street  the
    16  following  two (2) courses and distances: 1) South 44  48' 46" West 4.69
    17  feet and 2) South 08  25' 51" West 32.06 feet to the point of beginning.
    18    Containing 8,461 Sq. Ft. or 0.194 Acre more or less.
    19    Utility Easement No. 2
    20    Beginning at a point on the  assumed  westerly  line  of  North  Water
    21  Street  being  distant  the  following four (4) courses and distances as

    22  measured along said line of North Water  Street  from  its  intersection
    23  with the division line between lands now or formerly of Mid Hudson Chil-
    24  dren's  Center  Doc.  02-2004-4074 on the south and Lot 2, F.M. 11198 on
    25  the north; 1) North 08  25' 51" East 32.06 feet, 2) North  44   58'  46"
    26  East  45.43 feet, 3) North 67  25' 17" East 46.96 feet, 4) North 26  55'
    27  56" East 90.08 feet. Thence through said Lot 2 the  following  four  (4)
    28  courses  and  distances: 1) North 74  32' 00" West 109.86 feet, 2) South
    29  78  59' 00" West 86.29 feet, 3) South 83  09' 00" West 90.01 feet to the
    30  northeasterly line of aforedescribed  Utility  Easement  No.  1,  Thence
    31  along  the  just  mentioned  line  the  following  two  (2)  courses and
    32  distances: 1) North 48  01' 30" West 32.72 feet, 2) North  45   28'  10"
    33  West 13.20 feet to its intersection with the lot line between Lot 1 F.M.

    34  11198  on  the  north and said Lot 2 on the south. Thence along said lot
    35  line the following two (2) courses and distances: 1) North 86   53'  00"
    36  East  112.33  feet,  2) North 49  38' 00" West 2.42 feet. Thence through
    37  said Lot 2 the following two (2) courses and distances: 1) North 78  59'
    38  00" East 100.52 feet, 2) South 74  32'  00"  East  123.00  feet  to  its
    39  intersection  with  said  line  of North Water Street. Thence along said
    40  line of North Water Street South 26  43' 56"  West  30.61  feet  to  the
    41  point of beginning of this parcel.
    42    Containing 9,381 Sq. Ft. = 0.215 Acre more or less.
    43    Utility Easement No. 3
    44    Beginning  at  a  point  on  the  assumed westerly line of North Water
    45  Street being distant the following four (4) courses  and  distances  are
    46  measured  along  said  line  of North Water Street from its intersection

    47  with the division line between lands now or formerly of Mid-Hudson Chil-
    48  dren's Center Doc 02-2004-4074 on the south and Lot 2 F.M. 11198 on  the
    49  north:    1)  North  08 25'51"  East 32.06 feet, 2) North 44 58'46" East
    50  45.43 feet, 3) North 67 25'17" East 46.96 feet, 4) North 26 55'56"  East
    51  94.46 feet.  Thence through said Lot 2, North 10 50'45" West 169.66 feet
    52  to  its  intersection  with the lot line between Lot 1 F.M. 11198 on the
    53  north and said Lot 2 on the south (the last  mentioned  point  being  an
    54  angle  point  on said lot line). Thence along said lot line, N 50 31'40"
    55  East 34.18 feet. Thence through said Lot 2, South 10 50'45" East  147.33
    56  feet  to  its  intersection with said line of North Water Street. Thence
        S. 7251--B                          4
 
     1  along said line of North Water Street, S 26 55'56" West  48.97  feet  to

     2  the point of beginning of this parcel.
     3    Containing 4,755 Sq. Ft. = 0.109 Acre more or less.
     4                                  Parcel B
     5    Includes  those  lands  containing the buildings known as the "Hoffman
     6  House" and the "Reynolds Homestead".
     7                                  Parcel C
     8    Includes the land containing a parking lot  currently  leased  to  the
     9  Metropolitan Transportation Authority.
    10    § 4. The lands in Parcel A, transferred pursuant to this act, shall be
    11  used  for non-commercial recreational purposes for the general public as
    12  provided for in section one unless otherwise authorized by an act of the
    13  state legislature.
    14    § 5. This act shall take effect immediately.