S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   245

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize the city of Watertown, county of Jefferson, to lease
  certain parklands

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subject to the provisions of this act  but  notwithstanding
chapter  308  of  the  laws  of  1998,  the city of Watertown, county of
Jefferson, is hereby authorized, acting by and through its city council,
to lease to the Watertown Family YMCA, Inc.  for a term  not  to  exceed
twenty-five  years,  the  municipally  owned  parkland more particularly
described in section three of this act, consisting of  a  public  indoor
sports  facility  with  indoor athletic fields, exercise/weight training
areas, concession facilities and related facilities.
  S 2. The authorization provided in section one of this  act  shall  be
effective  only upon the condition that the city of Watertown, county of
Jefferson, dedicate an amount equal to the fair market  value  of  those
interests  being  transferred  by this act, for the acquisition of addi-
tional parklands and/or for capital improvements to  existing  park  and
recreational facilities.
  S  3.  The  lands  referred to in section one of this act are located,
bounded and described as follows:
  BEGINNING at a 3/4" iron pipe found in the  westerly  margin  of  Rand
Drive, said iron pipe also marking the most northeasterly corner of P.N.
829103,  said  iron  pipe  being  situate  N  34°-50'-00" E a direct tie
distance of 414.00± feet from the northerly margin of Coffeen Street;
  THENCE N 54°-47'-00" W along  the  northerly  property  line  of  P.N.
829103  passing  through  a  3/4"  iron  pipe  found at 450.00± feet and
continuing on the same bearing a total distance of  516.00±  feet  to  a
3/4" iron pipe set in the easterly property line of P.N. 829101.2;

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

                                                           LBD01810-01-9

S. 245                              2

  THENCE  N  34°-50-00"  E  along  the  easterly  property  line of P.N.
829101.2 a distance of 205.67± feet to a railroad spike set at the point
of intersection of the easterly property line of P.N. 829101.2  and  the
easterly  property  line  of  the Western Outfall Trunk Sewer (W.O.T.S.)
P.N.  829102;
  THENCE  N  42°-01'-24"  E  along  the  easterly  property  line of the
W.O.T.S.  P.N. 829102 a distance of 224.41± feet  to  a  railroad  spike
set;
  THENCE  S  54°47'-00"  E along the newly created lease dividing line a
distance of 487.91± feet to a 3/4" iron pipe set;
  THENCE S 34°-50'-00" W along  a  prolongation  line  of  the  westerly
margin  line  of  Rand  Drive, passing through a 3/4" iron pipe found at
123.41± feet and continuing on the same bearing along the actual wester-
ly margin line of Rand Drive, a total distance of 428.50±  feet  to  the
point and place of beginning.
  CONTAINING 217,971.71± square feet (5.00 acres) of land more or less.
  SUBJECT to and including any and all rights or restrictions of record.
  S 4. Should the interests described in section three of this act cease
to  be operated as a public indoor sports facility, such interests shall
revert to the city of Watertown, county of Jefferson,  for  public  park
and  recreational  purposes. Such public indoor sports facility shall be
made available to the general public on an equitable basis. Where avail-
ability of public facilities are limited, the  use  of  such  facilities
must  be  determined by a reservation policy which provides priority use
to the general public.
  S 5. If the parkland that is the subject  of  this  act  has  received
funding  pursuant  to  the federal land and water conservation fund, the
discontinuance of parkland authorized by  the  provisions  of  this  act
shall  not  occur  until  the municipality has complied with the federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the discontinuance will include
all conditions which the secretary of the interior  deems  necessary  to
assure  the  substitution  of  other  lands  shall be equivalent in fair
market value and recreational usefulness to the lands  being  discontin-
ued.
  S 6. This act shall take effect immediately.