§ 1358 — Grants from commissioner of general services

§ 1358. Grants from commissioner of general services. 1. The\ncommissioner of general services shall have power, in his discretion,\nfrom time to time to transfer and convey to the authority for such\nconsideration as may be determined by him to be paid to the state of New\nYork, unappropriated state lands and lands under water which the\nauthority shall certify to be necessary or desirable for the corporate\npurposes of the authority, and may, when the barge canal terminal and\nbarge canal terminal lands in the city of Oswego become no longer\nnecessary or useful for canal or terminal purposes, lease for a term or\nterms of years or convey said barge canal terminal and barge canal\nterminal lands as hereinafter described, to the authority for such\nconsideration as may be determined by him to be paid to the people of\nthe state of New York and upon the terms and conditions set forth in\nthis act.\n 2. There is hereby ratified and confirmed in and to the authority\ntitle to the barge canal terminal and barge canal terminal lands\ndescribed herein, conveyed to said authority by letters patent dated\nSeptember tenth, nineteen hundred fifty-eight, pursuant to resolutions\nof the board of commissioners of the land office adopted July\ntwenty-ninth, nineteen hundred fifty-eight, and September tenth,\nnineteen hundred fifty-eight, subject to the conditions set forth in\nsaid letters patent and in this title.\n 3. The authority shall establish and maintain a port facilities\ndevelopment fund and shall cause all moneys received by it from the\noperation of such port facilities to be deposited in such fund for the\npayment of all costs of operation, maintenance and repair of the port\nfacilities and the repayment to the people of the state of New York of\nany advance made by the state to the authority, which repayment to the\npeople of the state of New York shall not exceed in any one year fifty\nper cent of the moneys received by the authority in excess of the costs\nof operation, maintenance and repair of said port facilities.\n 4. Upon the issuance of said lease or grant by the commissioner of\ngeneral services pursuant to this act the authority shall assume all\nexpense of or incidental to the operation, maintenance, repair and\nadministration of said port facilities.\n 5. Except as to moneys and rates accrued thereunder at the time of\nvesting in the authority all the right, title and interest of the state\nin and to said port facilities as herein provided, and as incident\nthereto, there shall also vest in the authority all the right, title and\ninterest of the state in and to and in connection with the following\ncontracts, agreements and permits with third persons: (a) any and all\nexecutory contracts, agreements and permits for the use of said port\nfacilities by third persons as tenants, licensees, or otherwise, or for\nthe docking, mooring or anchorage thereat of vessels owned by third\npersons, or for the loading, unloading, handling, storage, processing or\nmanipulation of grain, freight, or other property of third persons, or\nfor the rendering of any other services to third persons at said pier\nproperties as wharfinger or warehouseman or otherwise; (b) any and all\nexecutory contracts and agreements for the furnishing by third persons\nof electricity, gas, steam, water or telephone service at said port\nfacilities.\n 6. The authority shall not grant or convey title to said port\nfacilities to any person or legal entity other than the people of the\nstate of New York.\n 7. If the authority shall violate any of the conditions herein set\nforth or such other conditions as the board of commissioners of the land\noffice heretofore included in any lease or grant of said port facilities\nor any other conditions as the office of general services may include in\nany lease or grant of said port facilities and such violation of any of\nsaid conditions shall not have been remedied by the authority within\nninety days after the giving of notice of the existence of such\nviolation by the commissioner of transportation of the state of New\nYork, then at the option of the state such port facilities shall revert\nto the people of the state of New York.\n 8. If the port facilities revert to the people of the state of New\nYork they shall be and shall be deemed to be unappropriated state lands.\n 9. Officers and employees of the state departments and agencies now\nemployed at said port facilities may be transferred to the authority\nwithout loss of any civil service status or rights but no such transfer\nmay be made except with the approval of the head of the state department\nor division thereof charged with the operation of such port facilities,\nthe director of the budget, and in compliance with the rules and\nregulations of the state civil service commission.\n 10. a. The premises constituting the port facilities so to be\ntransferred consist of:\n All that tract or parcel or land situate, lying and being in the city\nof Oswego, county of Oswego and state of New York, bounded and described\nas follows:\n Beginning at a monument in the west line of Water Street, said\nmonument being 231 feet northerly along said street line from the center\nline of Van Buren Street; thence S 67 degrees -47' W along the Barge\nCanal Terminal Right of Way line 102 feet to a monument; thence N 22\ndegrees -13' W along a line parallel to the east line of West First\nStreet and 2 feet distant westerly therefrom, a distance of 38 feet to\nits intersection with the original shore line of Lake Ontario (1838);\nthence westerly along said original shore line a distance of 100 feet to\nits intersection with the west line of West First Street; thence S 22\ndegrees -13' E along said west street line a distance of 126 feet to a\nmonument set in the westerly line of W. First Street at a point therein\n140' northerly from the center line of Van Buren Street, thence S 67\ndegrees -47' W along the division line between the property of the\nPeople of the State of New York on the north and the property of the\nDelaware, Lackawanna and Western Railroad Co. (reputed owner) on the\nsouth a distance of 193 feet to a monument; thence N 71 degrees -37' W\nalong the aforementioned division line a distance of 9.22 feet to a\nmonument set in the east line of West Second Street; thence N 22 degrees\n- 13' W along said street line and said street line extended into the\nwaters of Lake Ontario a distance of 1430 feet to a point; thence N 67\ndegrees -47' E and for part of the distance along the line of the\nnortherly wall of the New York State Lake Terminal Pier a distance of\n425 feet to a point; thence S 22 degrees -13' E a distance of 888 feet\nto a point in line with the northerly line of Parcel No. T-88, Terminal\nContract No. 33, appropriated by the State of New York on August 25,\n1914 pursuant to Chapter 746, Laws of 1911; thence S 67 degrees -47' W a\ndistance of 25 feet to the northeast corner of said Parcel No. T-88;\nthence S 22 degrees -13' E along the easterly line of said Parcel No.\nT-88 and for part of the distance along the westerly line of Water\nStreet a distance of 485.8 feet to the point of beginning, containing\n13.31 acres more or less.\n All Bearings are referred to the true meridian.\n The above described parcel constitutes all of Parcels Nos. T-86, T-87,\nT-88 and T-89, Terminal Contract No. 33, appropriated by the State of\nNew York on August 25, 1914 pursuant to Chapter 746, Laws of 1911, and\ncertain lands now or formerly under the waters of Lake Ontario.\n b. It is hereby found and determined that the properties described in\nparagraph a hereof, heretofore constituting a portion of the barge canal\nterminal and barge canal terminal lands in the city of Oswego, are no\nlonger necessary or useful for canal or terminal purposes and are hereby\nabandoned.\n 11. The commissioner of general services shall issue said lease or\ngrant to said lands to the authority only upon the delivery to and\nfiling with said commissioner a certified copy of a resolution of the\nauthority signifying its willingness to accept said port facilities on\nthe conditions hereinabove set forth, all of which may be made a part of\nsaid lease or grant, which lease or grant may also contain such other\nand further conditions as the commissioner of general services may\ndetermine to be appropriate.\n