STATE OF NEW YORK
        ________________________________________________________________________

                                          6724

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Cities

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11040-03-3

        A. 6724                             2

     1  property line of the City of Rochester (reputed owner), Tax Account  No.
     2  148.06-1-1.001  on  the  north  and  property  of  the City of Rochester
     3  (reputed owner), Tax Account No. 135.15-1-1 on the south; thence  S  83°
     4  50' 06" W along said division line a distance of 122.53 feet to the true
     5  point  of beginning, said point having coordinates of N 1,138,746.57 and
     6  E 1,401,724.37; thence, continuing south westerly along the  said  divi-
     7  sion  line  S  83°  50'  06" W, 44.77 feet to a point, said point having
     8  coordinates of N 1,138,741.76 and E 1,401,679.86; thence,  through  land
     9  owned  by  the  City  of  Rochester  (reputed  owner),  Tax  Account No.
    10  148.06-1-1.001, N 32° 51' 14" W, 187± feet to a point on the approximate
    11  mean high water of the Genesee River: thence easterly along the approxi-
    12  mate high water of the Genesee  River  43±  feet  to  a  point;  thence,
    13  through  lands  owned  by  the  City  of  Rochester (reputed owner), Tax
    14  Account No.148.06-1-1.001, S 32° 51' 14" E 193± feet  to  the  point  of
    15  beginning.    Said parcel having an area of 7,572± square feet or 0.174±
    16  acres.

    17                              MAP 2, PARCEL 1:

    18    All that track or parcel of land being in the City of Rochester, Coun-
    19  ty of Monroe, State of New York, as shown on the  accompanying  map  and
    20  described  as  follows:    Commencing at an angle point in the southerly
    21  property line of the City of Rochester (reputed owner), Tax Account  No.
    22  148.06-1-1.001  on  the  north  and  property  of  the City of Rochester
    23  (reputed owner), Tax Account No. 135.15-1-1 on the south; thence  S  83°
    24  50' 06" W along said division line a distance of 122.53 feet to the true
    25  point  of beginning, said point having coordinates of N 1,138,746.57 and
    26  E 1,401,724.37; thence, through land owned  by  the  City  of  Rochester
    27  (reputed  owner),  Tax  Account  No. 135.15-1-1, S 32° 51' 14" E, 280.84
    28  feet to a point at the division line of lands owned by the University of
    29  Rochester (reputed owner), Tax Account No. 135.67-1-2.001 on  the  south
    30  and  lands  owned  by the City of Rochester (reputed owner), Tax Account
    31  No.   135.15-1-1 on the  north,  said  point  having  coordinates  of  N
    32  1,138,510.64  and E 1,401,876.73; thence south westerly along said divi-
    33  sion line on a curve to the right with  a  radius  of  2,435.31  feet  a
    34  distance  of  43.72  feet to a point, said point having coordinates of N
    35  1,138,474.12 and E 1,401,852.70; thence, through lands owned by the City
    36  of Rochester (reputed owner), Tax Account No. 135.15-1-1, N 32° 51'  14"
    37  W,  318.60  feet  to  a point at the division line of lands owned by the
    38  City of Rochester (reputed owner), Tax Account No. 148.06-1-1.001 on the
    39  north and property of the City of Rochester (reputed owner), Tax Account
    40  No. 135.15-1-1  on  the  south,  said  point  having  coordinates  of  N
    41  1,138,741.76 and E 1,401,679.86; thence N 83° 50' 06" E along said divi-
    42  sion  line  a  distance  of  44.77 feet to the point of beginning.  Said
    43  parcel having an area of 11,992± square feet or 0.275± acres.

    44                              MAP 3, PARCEL 1:

    45    All that track or parcel of land being in the City of Rochester, Coun-
    46  ty of Monroe, State of New York, as shown on the  accompanying  map  and
    47  described  as follows:   Commencing on the southerly boundary of Elmwood
    48  Avenue and the property line of the City of Rochester  (reputed  owner),
    49  Tax  Account  No.  135.58-1-1  on  the  east and property of the City of
    50  Rochester (reputed owner), Tax  Account  No.  135.51-1-8  on  the  west;
    51  thence,  the  following courses and distances along said division line S
    52  28° 49' 55" W 289.60 feet to a point, S 26° 36' 13" W 163.97 feet  to  a

        A. 6724                             3

     1  point,  S  29° 22' 52" W 57.60 feet to the true point of beginning, said
     2  point having coordinates of N 1,139,566.23 and E  1,401,089.95;  thence,
     3  the  following  courses  and distances through land owned by the City of
     4  Rochester  (reputed owner), Tax Account No. 135.58-1-1, S 58° 00' 55" E,
     5  197.66 feet to a point, said point having coordinates of N  1,139,461.53
     6  and E 1,401,257.60, S 33° 08' 00" E, 290± feet to a point on the approx-
     7  imate  mean  high water of the Genesee River: thence southwesterly along
     8  the approximate high water of the Genesee River 40 feet ±  to  a  point;
     9  thence,  the  following  courses and distances through land owned by the
    10  City of Rochester (reputed owner), Tax Account No. 135.58-1-1, N 33° 08'
    11  00" W, 278± feet  to  a  point,  said  point  having  coordinates  of  N
    12  1,139,432.27 and E 1,401,228.93, N 58° 00' 55" W, 188.14 feet to a point
    13  at  the  division  line of lands owned by the City of Rochester (reputed
    14  owner), Tax Account No. 135.58-1-1 on the east and lands  owned  by  the
    15  City  of  Rochester  (reputed  owner), Tax Account No. 135.51-1-8 on the
    16  west,  said  point  having  coordinates  of   N   1,139,531.93   and   E
    17  1,401,069.35;  thence,  the  following  courses and distances along said
    18  division line, N 31° 12' 15" E, 35.19 feet, N 29° 22' 52" E,  4.82  feet
    19  to the point of beginning.  Said parcel having an area of 19,075± square
    20  feet or 0.438± acres.

    21                              MAP 4, PARCEL 1:

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