NY Pub Auth L § 1358 (2021)
2021 New York Laws PBA - Public Authorities Article 6 - Port Authorities Title 2 - Port of Oswego Authority 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.