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S06610 Summary:

BILL NOS06610A
 
SAME ASSAME AS A06724
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the city of Rochester to convey by appropriate instruments to the Rochester Pure Waters District, an easement in Genesee Valley Park, for installation and maintenance of sanitary sewer facilities.
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S06610 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6610--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     April 28, 2023
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Cities  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  in  relation  to authorizing the city of Rochester to convey by
          appropriate instruments to the  Rochester  Pure  Waters  District,  an
          easement  in  Genesee Valley Park, for installation and maintenance of
          sanitary sewer facilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The city of Rochester, acting by and through its governing
     2  body, is hereby authorized to convey by appropriate instruments  to  the
     3  Rochester  Pure  Waters District, a permanent easement in Genesee Valley
     4  Park described in section three of this act, for the purpose of enabling
     5  such water district to construct, operate, repair, replace, and maintain
     6  sanitary  sewer  facilities.  Upon  completion   of   any   repairs   or
     7  construction,  the  Rochester  Pure  Waters  District  shall restore the
     8  surface of the lands and the lands shall continue to be  used  for  park
     9  purposes.
    10    §  2.  The  authorization provided in section one of this act shall be
    11  effective only upon the condition that the city of  Rochester  dedicates
    12  an amount equal to or greater than the fair market value of the easement
    13  interest  being  alienated  pursuant to section one of this act, for the
    14  acquisition of new parklands and/or  capital  improvements  to  existing
    15  park and recreational facilities.
    16    § 3. The easements to be conveyed by the city of Rochester pursuant to
    17  the provisions of this act are described as follows:
 
    18                              MAP 1, PARCEL 1:
 
    19    All that track or parcel of land being in the City of Rochester, Coun-
    20  ty  of  Monroe,  State of New York, as shown on the accompanying map and
    21  described as follows:  Commencing at an angle  point  in  the  southerly
    22  property  line of the City of Rochester (reputed owner), Tax Account No.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11040-04-3

        S. 6610--A                          2
 
     1  148.06-1-1.001 on the north  and  property  of  the  City  of  Rochester
     2  (reputed  owner),  Tax Account No. 135.15-1-1 on the south; thence S 83°
     3  50' 06" W along said division line a distance of 122.53 feet to the true
     4  point  of beginning, said point having coordinates of N 1,138,746.57 and
     5  E 1,401,724.37; thence, continuing south westerly along the  said  divi-
     6  sion  line  S  83°  50'  06" W, 44.77 feet to a point, said point having
     7  coordinates of N 1,138,741.76 and E 1,401,679.86; thence,  through  land
     8  owned  by  the  City  of  Rochester  (reputed  owner),  Tax  Account No.
     9  148.06-1-1.001, N 32° 51' 14" W, 187± feet to a point on the approximate
    10  mean high water of the Genesee River: thence easterly along the approxi-
    11  mate high water of the Genesee  River  43±  feet  to  a  point;  thence,
    12  through  lands  owned  by  the  City  of  Rochester (reputed owner), Tax
    13  Account No.148.06-1-1.001, S 32° 51' 14" E 193± feet  to  the  point  of
    14  beginning.    Said parcel having an area of 7,572± square feet or 0.174±
    15  acres.
 
    16                              MAP 2, PARCEL 1:
 
    17    All that track or parcel of land being in the City of Rochester, Coun-
    18  ty of Monroe, State of New York, as shown on the  accompanying  map  and
    19  described  as  follows:    Commencing at an angle point in the southerly
    20  property line of the City of Rochester (reputed owner), Tax Account  No.
    21  148.06-1-1.001  on  the  north  and  property  of  the City of Rochester
    22  (reputed owner), Tax Account No. 135.15-1-1 on the south; thence  S  83°
    23  50' 06" W along said division line a distance of 122.53 feet to the true
    24  point  of beginning, said point having coordinates of N 1,138,746.57 and
    25  E 1,401,724.37; thence, through land owned  by  the  City  of  Rochester
    26  (reputed  owner),  Tax  Account  No. 135.15-1-1, S 32° 51' 14" E, 280.84
    27  feet to a point at the division line of lands owned by the University of
    28  Rochester (reputed owner), Tax Account No. 135.67-1-2.001 on  the  south
    29  and  lands  owned  by the City of Rochester (reputed owner), Tax Account
    30  No.   135.15-1-1 on the  north,  said  point  having  coordinates  of  N
    31  1,138,510.64  and E 1,401,876.73; thence south westerly along said divi-
    32  sion line on a curve to the right with  a  radius  of  2,435.31  feet  a
    33  distance  of  43.72  feet to a point, said point having coordinates of N
    34  1,138,474.12 and E 1,401,852.70; thence, through lands owned by the City
    35  of Rochester (reputed owner), Tax Account No. 135.15-1-1, N 32° 51'  14"
    36  W,  318.60  feet  to  a point at the division line of lands owned by the
    37  City of Rochester (reputed owner), Tax Account No. 148.06-1-1.001 on the
    38  north and property of the City of Rochester (reputed owner), Tax Account
    39  No. 135.15-1-1  on  the  south,  said  point  having  coordinates  of  N
    40  1,138,741.76 and E 1,401,679.86; thence N 83° 50' 06" E along said divi-
    41  sion  line  a  distance  of  44.77 feet to the point of beginning.  Said
    42  parcel having an area of 11,992± square feet or 0.275± acres.
 
    43                              MAP 3, PARCEL 1:
 
    44    All that track or parcel of land being in the City of Rochester, Coun-
    45  ty of Monroe, State of New York, as shown on the  accompanying  map  and
    46  described  as follows:   Commencing on the southerly boundary of Elmwood
    47  Avenue and the property line of the City of Rochester  (reputed  owner),
    48  Tax  Account  No.  135.58-1-1  on  the  east and property of the City of
    49  Rochester (reputed owner), Tax  Account  No.  135.51-1-8  on  the  west;
    50  thence,  the  following courses and distances along said division line S
    51  28° 49' 55" W 289.60 feet to a point, S 26° 36' 13" W 163.97 feet  to  a
    52  point,  S  29° 22' 52" W 57.60 feet to the true point of beginning, said

        S. 6610--A                          3
 
     1  point having coordinates of N 1,139,566.23 and E  1,401,089.95;  thence,
     2  the  following  courses  and distances through land owned by the City of
     3  Rochester (reputed owner), Tax Account No. 135.58-1-1, S 58° 00' 55"  E,
     4  197.66  feet to a point, said point having coordinates of N 1,139,461.53
     5  and E 1,401,257.60, S 33° 08' 00" E, 290± feet to a point on the approx-
     6  imate mean high water of the Genesee River: thence  southwesterly  along
     7  the  approximate  high  water of the Genesee River 40 feet ± to a point;
     8  thence, the following courses and distances through land  owned  by  the
     9  City of Rochester (reputed owner), Tax Account No. 135.58-1-1, N 33° 08'
    10  00"  W,  278±  feet  to  a  point,  said  point  having coordinates of N
    11  1,139,432.27 and E 1,401,228.93, N 58° 00' 55" W, 188.14 feet to a point
    12  at the division line of lands owned by the City  of  Rochester  (reputed
    13  owner),  Tax  Account  No. 135.58-1-1 on the east and lands owned by the
    14  City of Rochester (reputed owner), Tax Account  No.  135.51-1-8  on  the
    15  west,   said   point   having   coordinates  of  N  1,139,531.93  and  E
    16  1,401,069.35; thence, the following courses  and  distances  along  said
    17  division  line,  N 31° 12' 15" E, 35.19 feet, N 29° 22' 52" E, 4.82 feet
    18  to the point of beginning.  Said parcel having an area of 19,075± square
    19  feet or 0.438± acres.
 
    20                              MAP 4, PARCEL 1:
 
    21    All that track or parcel of land being in the City of Rochester, Coun-
    22  ty of Monroe, State of New York, as shown on the  accompanying  map  and
    23  described  as  follows:  Commencing on the southerly boundary of Elmwood
    24  Avenue and the property line of the City of Rochester  (reputed  owner),
    25  Tax  Account  No.  135.58-1-1  on  the  east and property of the City of
    26  Rochester (reputed owner), Tax  Account  No.  135.51-1-8  on  the  west;
    27  thence,  the  following courses and distances along said division line S
    28  28° 49' 55" W 289.60 feet to a point, S 26° 36' 13" W 163.97 feet  to  a
    29  point,  S  29° 22' 52" W 57.60 feet to the true point of beginning, said
    30  point having coordinates of N 1,139,566.23 and E  1,401,089.95;  thence,
    31  the  following courses and distances along said division line, S 29° 22'
    32  52" W, 4.82 feet, S 31° 12' 15" W, 35.19 feet to  a  point,  said  point
    33  having coordinates of N 1,139,531.93 and E 1,401,069.35; thence, through
    34  land  owned  by  the  City of Rochester (reputed owner), Tax Account No.
    35  135.51-1-8, N 58° 00' 55" W, 40.84 feet to a point at the division  line
    36  of lands owned by the City of Rochester (reputed owner), Tax Account No.
    37  135.51-1-8 on the east and lands owned by the City of Rochester (reputed
    38  owner),  Tax Account No. 135.58-1-2 on the west, said point having coor-
    39  dinates of N 1,139,553.56 and  E  1,401,034.71;  thence,  the  following
    40  courses  and  distances along said division line, N 32° 46' 56" E, 33.69
    41  feet to a point, N 30° 57' 33" E, 6.32 feet to a point; thence,  through
    42  land  owned  by  the  City of Rochester (reputed owner), Tax Account No.
    43  135.51-1-8, S 58° 00' 55" E, 39.79 feet to the point of beginning.  Said
    44  parcel having an area of 1,612± square feet or 0.037± acres.
    45    § 4. The conveyance of the easement authorized by  the  provisions  of
    46  this  act  shall not occur until the city of Rochester has complied with
    47  any federal requirements pertaining to the alienation or  conversion  of
    48  parklands,  including  satisfying the secretary of the interior that the
    49  alienation or conversion complies with all conditions which  the  secre-
    50  tary  of the interior deems necessary to assure that the substitution of
    51  other lands be equivalent in fair market value and recreational  useful-
    52  ness to the lands being alienated or converted.
    53    § 5. This act shall take effect immediately.
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