Section 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.