N.Y. Public Authorities Law § 1358: Grants from commissioner of general services

§ 1358. Grants from commissioner of general services. 1. The

commissioner of general services shall have power, in his discretion,

from time to time to transfer and convey to the authority for such

consideration as may be determined by him to be paid to the state of New

York, unappropriated state lands and lands under water which the

authority shall certify to be necessary or desirable for the corporate

purposes of the authority, and may, when the barge canal terminal and

barge canal terminal lands in the city of Oswego become no longer

necessary or useful for canal or terminal purposes, lease for a term or

terms of years or convey said barge canal terminal and barge canal

terminal lands as hereinafter described, to the authority for such

consideration as may be determined by him to be paid to the people of

the state of New York and upon the terms and conditions set forth in

this act.

2. There is hereby ratified and confirmed in and to the authority

title to the barge canal terminal and barge canal terminal lands

described herein, conveyed to said authority by letters patent dated

September tenth, nineteen hundred fifty-eight, pursuant to resolutions

of the board of commissioners of the land office adopted July

twenty-ninth, nineteen hundred fifty-eight, and September tenth,

nineteen hundred fifty-eight, subject to the conditions set forth in

said letters patent and in this title.

3. The authority shall establish and maintain a port facilities

development fund and shall cause all moneys received by it from the

operation of such port facilities to be deposited in such fund for the

payment of all costs of operation, maintenance and repair of the port

facilities and the repayment to the people of the state of New York of

any advance made by the state to the authority, which repayment to the

people of the state of New York shall not exceed in any one year fifty

per cent of the moneys received by the authority in excess of the costs

of operation, maintenance and repair of said port facilities.

4. Upon the issuance of said lease or grant by the commissioner of

general services pursuant to this act the authority shall assume all

expense of or incidental to the operation, maintenance, repair and

administration of said port facilities.

5. Except as to moneys and rates accrued thereunder at the time of

vesting in the authority all the right, title and interest of the state

in and to said port facilities as herein provided, and as incident

thereto, there shall also vest in the authority all the right, title and

interest of the state in and to and in connection with the following

contracts, agreements and permits with third persons: (a) any and all

executory contracts, agreements and permits for the use of said port

facilities by third persons as tenants, licensees, or otherwise, or for

the docking, mooring or anchorage thereat of vessels owned by third

persons, or for the loading, unloading, handling, storage, processing or

manipulation of grain, freight, or other property of third persons, or

for the rendering of any other services to third persons at said pier

properties as wharfinger or warehouseman or otherwise; (b) any and all

executory contracts and agreements for the furnishing by third persons

of electricity, gas, steam, water or telephone service at said port

facilities.

6. The authority shall not grant or convey title to said port

facilities to any person or legal entity other than the people of the

state of New York.

7. If the authority shall violate any of the conditions herein set

forth or such other conditions as the board of commissioners of the land

office heretofore included in any lease or grant of said port facilities

or any other conditions as the office of general services may include in

any lease or grant of said port facilities and such violation of any of

said conditions shall not have been remedied by the authority within

ninety days after the giving of notice of the existence of such

violation by the commissioner of transportation of the state of New

York, then at the option of the state such port facilities shall revert

to the people of the state of New York.

8. If the port facilities revert to the people of the state of New

York they shall be and shall be deemed to be unappropriated state lands.

9. Officers and employees of the state departments and agencies now

employed at said port facilities may be transferred to the authority

without loss of any civil service status or rights but no such transfer

may be made except with the approval of the head of the state department

or division thereof charged with the operation of such port facilities,

the director of the budget, and in compliance with the rules and

regulations of the state civil service commission.

10. a. The premises constituting the port facilities so to be

transferred consist of:

All that tract or parcel or land situate, lying and being in the city

of Oswego, county of Oswego and state of New York, bounded and described

as follows:

Beginning at a monument in the west line of Water Street, said

monument being 231 feet northerly along said street line from the center

line of Van Buren Street; thence S 67 degrees -47' W along the Barge

Canal Terminal Right of Way line 102 feet to a monument; thence N 22

degrees -13' W along a line parallel to the east line of West First

Street and 2 feet distant westerly therefrom, a distance of 38 feet to

its intersection with the original shore line of Lake Ontario (1838);

thence westerly along said original shore line a distance of 100 feet to

its intersection with the west line of West First Street; thence S 22

degrees -13' E along said west street line a distance of 126 feet to a

monument set in the westerly line of W. First Street at a point therein

140' northerly from the center line of Van Buren Street, thence S 67

degrees -47' W along the division line between the property of the

People of the State of New York on the north and the property of the

Delaware, Lackawanna and Western Railroad Co. (reputed owner) on the

south a distance of 193 feet to a monument; thence N 71 degrees -37' W

along the aforementioned division line a distance of 9.22 feet to a

monument set in the east line of West Second Street; thence N 22 degrees

- 13' W along said street line and said street line extended into the

waters of Lake Ontario a distance of 1430 feet to a point; thence N 67

degrees -47' E and for part of the distance along the line of the

northerly wall of the New York State Lake Terminal Pier a distance of

425 feet to a point; thence S 22 degrees -13' E a distance of 888 feet

to a point in line with the northerly line of Parcel No. T-88, Terminal

Contract No. 33, appropriated by the State of New York on August 25,

1914 pursuant to Chapter 746, Laws of 1911; thence S 67 degrees -47' W a

distance of 25 feet to the northeast corner of said Parcel No. T-88;

thence S 22 degrees -13' E along the easterly line of said Parcel No.

T-88 and for part of the distance along the westerly line of Water

Street a distance of 485.8 feet to the point of beginning, containing

13.31 acres more or less.

All Bearings are referred to the true meridian.

The above described parcel constitutes all of Parcels Nos. T-86, T-87,

T-88 and T-89, Terminal Contract No. 33, appropriated by the State of

New York on August 25, 1914 pursuant to Chapter 746, Laws of 1911, and

certain lands now or formerly under the waters of Lake Ontario.

b. It is hereby found and determined that the properties described in

paragraph a hereof, heretofore constituting a portion of the barge canal

terminal and barge canal terminal lands in the city of Oswego, are no

longer necessary or useful for canal or terminal purposes and are hereby

abandoned.

11. The commissioner of general services shall issue said lease or

grant to said lands to the authority only upon the delivery to and

filing with said commissioner a certified copy of a resolution of the

authority signifying its willingness to accept said port facilities on

the conditions hereinabove set forth, all of which may be made a part of

said lease or grant, which lease or grant may also contain such other

and further conditions as the commissioner of general services may

determine to be appropriate.