S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10129
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT in relation to authorizing  the  county  of  Monroe  to  alienate
   certain parklands by conveying appropriate instruments to EH Henrietta
   Solar 1 LLC and EH Henrietta Solar 2 LLC for an easement across Lehigh
   Valley Trail Park, for ingress and egress to and from the project site
   and installation of a medium voltage cable
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of satisfying requirements for  alienation
 of  parkland,  the county of Monroe, acting by and through its governing
 body, is hereby authorized to convey by appropriate  instruments  to  EH
 Henrietta Solar 1 LLC and EH Henrietta Solar 2 LLC, and their successors
 and/or  assigns,  an  easement  across Lehigh Valley Trail Park, as more
 particularly described in section three of this act, to  install,  oper-
 ate, and maintain an access road for ingress and egress for pedestrians,
 vehicles,  and  equipment,  together with the right to install, operate,
 and maintain a subsurface medium voltage cable. Upon completion  of  the
 improvements,  the  land shall continue to be used for park purposes and
 any disturbances to the surface of the land due to the subsurface medium
 voltage cable shall be restored.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that EH Henrietta Solar 1 LLC and EH
 Henrietta Solar 2 LLC compensate the county of Monroe  the  fair  market
 value  of the easement and the county of Monroe dedicate the fair market
 value of the easement toward the acquisition  of  new  parklands  and/or
 capital  improvements  to  existing park and recreational facilities, as
 well as upon the condition that EH Henrietta Solar 1 LLC and EH Henriet-
 ta Solar 2 LLC install a visual buffer between the Lehigh  Valley  Trail
 Park and EH Henrietta Solar 1 LLC's solar development.
   §  3. The easement, which constitutes an alienation, to be conveyed by
 the county of Monroe pursuant to the provisions of this act is described
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15454-01-4
              

 A. 10129                            2
 
   All that tract or parcel of land, situate in the  town  of  Henrietta,
 county  of  Monroe,  state  of  New York, being part of lot 21, range 3,
 township 12, particularly bounded and described as follows:
   Commencing  at a point in the division line between the lands of Lehr-
 wood Estates, LLC (reputed owner), Liber 12459  at  page  515  (Tax  No.
 189.02-1-5), on the west with the lands of the County Of Monroe (reputed
 owner),  Liber  7217 at page 35 (Tax No. 189.04-1-49), on the east, said
 point also being in the southerly right-of-way of  the  New  York  State
 Thruway Authority (I-90); thence
   South  08°37'21"  west,  along said division line, a distance of 42.37
 feet to the point of beginning; thence
   North 87°55'42" east, through said property of the County Of Monroe, a
 distance of 67.17 feet to a point in the division line between the lands
 of Lehrwood Estates, LLC (reputed owner), Liber 12459 at page  515  (Tax
 No.  189.02-1-5),  on  the  east with said lands of the County Of Monroe
 (reputed owner), Liber 7217 at page 35 (Tax  No.  189.04-1-49),  on  the
 west; thence
   South  08°37'21"  west,  along said division line, a distance of 40.71
 feet to a point; thence
   South 87°55'42" west, through said property of the County Of Monroe, a
 distance of 67.17 feet to a point; thence
   North 08°37'21" east, along said first division line,  a  distance  of
 40.71  feet  to  the  point of beginning. Containing 0.062 acres more or
 less.
   § 4. Should the lands benefited by the easement described  in  section
 three  of  this  act  cease  to be used for solar energy production, the
 easement shall terminate. At the time of such termination, EH  Henrietta
 Solar  1  LLC  and  EH Henrietta Solar 2 LLC, or their successors and/or
 assigns, shall remove any improvements it  made  and  shall  return  the
 property  to  its  previous state, consistent with park and recreational
 purposes.
   § 5. The conveyance of the easement authorized by  the  provisions  of
 this  act  shall  not occur until the county of Monroe has complied with
 any applicable federal requirements  pertaining  to  the  alienation  or
 conversion of parklands, including satisfying the secretary of the inte-
 rior  that  the  alienation  or  conversion complies with all conditions
 which the secretary of the interior deems necessary to ensure  that  the
 substitution  of  other  lands or monetary compensation be equivalent in
 fair market value and recreational usefulness to the lands being  alien-
 ated or converted.
   § 6. This act shall take effect immediately.