Bill Text: NY S09386 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the town of New Windsor to alienate certain parklands for use as a sewer treatment plant and to dedicate other lands as replacement parklands.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-06 - SUBSTITUTED BY A10318 [S09386 Detail]
Download: New_York-2023-S09386-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9386 IN SENATE May 14, 2024 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the town of New Windsor to alienate certain parklands for use as a sewer treatment plant and to dedicate other lands as replacement parklands The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subject to the provisions of this act, the town of New 2 Windsor, located in the county of Orange, acting by and through its 3 governing body and upon such terms and conditions as determined by such 4 body, is hereby authorized to discontinue as parklands the lands more 5 particularly described in section three of this act, for the purposes of 6 construction and expansion of the town's new sewer treatment plant. 7 § 2. The authorization provided in section one of this act shall be 8 effective only upon the condition that the town of New Windsor dedicate 9 the lands described in section four of this act as parklands, provided 10 that the town of New Windsor has never used such lands for public open 11 space or park purposes. 12 § 3. The parklands authorized by section one of this act to be discon- 13 tinued as parklands are described as follows: 14 Parcel I (D) 15 All that certain tract, piece, or parcel of land situate in the Town of 16 New Windsor, County of Orange, State of New York lying Easterly of 17 Butternut Drive and Northerly of County Route 74, being Parcel D as 18 shown on a map entitled "Proposed Parkland Alienation Map Lands Now Or 19 Formerly Of The Town Of New Windsor - Parkland Caesars Lane Wastewater 20 Treatment Plant," dated March 15, 2024, Project No. 23.3664, Dwg. No. 21 24-259, prepared by C.T. Male Associates, Engineering, Surveying, Archi- 22 tecture, Landscape Architecture & Geology, D.P.C. and filed in the 23 Orange County Clerk's Office and being more particularly bounded and 24 described as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15574-01-4S. 9386 2 1 COMMENCING at the point of intersection of the Southeasterly road bound- 2 ary of Butternut Drive at its point of intersection with the Northerly 3 boundary of County Route 74 (a.k.a. Forge Hill Road); 4 thence from said Point of Commencement along said Southeasterly road 5 boundary the following two (2) courses: 6 1) North 39 deg. 22 min. 45 sec. East 422.14 feet; and 7 2) along a curve to the left having a radius of 125.00 feet and an arc 8 length of 2.82 feet, the chord for said course being North 38 deg. 43 9 min. 57 sec. East 2.82 feet to the True Point of Beginning and runs 10 thence from said Point of Beginning continuing along the Easterly high- 11 way boundary of Butternut Drive the following two (2) courses: 12 1) along a curve to the left having a radius of 125.00 feet and an arc 13 length of 74.74 feet, the chord for said course being North 20 deg. 57 14 min. 27 sec. East 73.63 feet to a point of tangency; and 15 2) North 03 deg. 49 min. 47 sec. East 62.02 feet to its point of inter- 16 section with the division line between the lands now or formerly of the 17 Town of New Windsor as described in Book 2107 at Page 1131 (Parcel 3) on 18 the South and Lot 1 as shown on a map entitled "Butter Hill Subdivision 19 Section - 10," filed in the Orange County Clerk's Office as Map No. 8585 20 on the North; 21 thence along the last mentioned division line South 75 deg. 28 min. 30 22 sec. East 98.37 feet to the most Southerly corner of said Lot 1; 23 thence through said Parcel 3 South 49 deg. 52 min. 10 sec. West 164.41 24 feet to the point or place of beginning and containing 5,650± square 25 feet or 0.13 acre of land, more or less. 26 Parcel II (F) 27 All that certain tract, piece, or parcel of land situate in the Town of 28 New Windsor, County of Orange, State of New York lying generally Easter- 29 ly of Butternut Drive and generally Northerly of County Route 74, being 30 Parcel F as shown on a map entitled "Proposed Parkland Alienation Map 31 Lands Now Or Formerly Of The Town Of New Windsor - Parkland Caesars Lane 32 Wastewater Treatment Plant," dated March 15, 2024, Project No. 23.3664, 33 Dwg. No. 24-259, prepared by C.T. Male Associates, Engineering, Survey- 34 ing, Architecture, Landscape Architecture & Geology, D.P.C. and filed in 35 the Orange County Clerk's Office and being more particularly bounded and 36 described as follows: 37 COMMENCING at the point of intersection of the Northerly road boundary 38 of County Route 74 (a.k.a. Forge Hill Road) with the division line 39 between the lands now or formerly of the Town of New Windsor as 40 described in Book 14126 at Page 266 (Parcel 2) on the West and the lands 41 now or formerly of Forge Hill Holdings, LLC as described in Book 15076 42 at Page 1201 on the East; thence from said Point of Commencement the 43 following two (2) courses: 44 1) North 16 deg. 31 min. 04 sec. East 150.00 feet; 45 2) North 56 deg. 40 min. 08 sec. East 294.26 feet to the True Point of 46 Beginning and runs thence from said Point of Beginning along the divi- 47 sion line between said Parcel 2 generally on the Southwest and the lands 48 now or formerly of the Town of New Windsor as described in Book 2107 at 49 Page 1131 (Parcel 3) generally on the Northeast the following seven (7) 50 courses: 51 1) North 44 deg. 58 min. 11 sec. West 193.98 feet to a point; 52 2) North 11 deg. 48 min. 11 sec. West 208.00 feet to a point; 53 3) North 06 deg. 46 min. 49 sec. East 71.50 feet to a point; 54 4) North 40 deg. 27 min. 51 sec. West 338.85 feet to a point;S. 9386 3 1 5) South 85 deg. 44 min. 49 sec. West 223.40 feet to a point; 2 6) South 70 deg. 07 min. 49 sec. West 354.60 feet to a point; and 3 7) South 52 deg. 30 min. 49 sec. West 100.93 feet to a point; thence 4 through said Parcel 3 South 87 deg. 41 min. 15 sec. West 156.03 feet to 5 a point on the common division line between said Parcel 3 on the East 6 and Lots 1 and 2 as shown on a map entitled "Butter Hill Subdivision 7 Section 10," filed in the Orange County Clerk's Office as Map No. 8585 8 on the West; 9 thence along said common division line North 03 deg. 49 min. 47 sec. 10 East 37.64 feet to a point; thence through said Parcel 3 the following 11 nineteen (19) courses: 12 1) North 85 deg. 18 min. 01 sec. East 136.71 feet to a point; 13 2) North 71 deg. 23 min. 39 sec. East 567.58 feet to a point; 14 3) South 80 deg. 29 min. 04 sec. East 121.46 feet to a point; 15 4) South 57 deg. 49 min. 56 sec. East 89.09 feet to a point; 16 5) South 85 deg. 20 min. 29 sec. East 116.26 feet to a point; 17 6) South 40 deg. 23 min. 39 sec. East 351.33 feet to a point; 18 7) South 82 deg. 12 min. 28 sec. East 57.93 feet to a point; 19 8) North 61 deg. 46 min. 55 sec. East 33.60 feet to a point; 20 9) North 51 deg. 11 min. 23 sec. East 29.23 feet to a point; 21 10) North 73 deg. 21 min. 00 sec. East 99.20 feet to a point; 22 11) North 75 deg. 17 min. 17 sec. East 112.32 feet to a point; 23 12) North 67 deg. 56 min. 13 sec. East 87.27 feet to a point; 24 13) North 70 deg. 33 min. 51 sec. East 103.85 feet to a point; 25 14) North 74 deg. 12 min. 07 sec. East 156.07 feet to a point; 26 15) North 15 deg. 06 min. 33 sec. East 215.10 feet to a point; 27 16) South 71 deg. 47 min. 02 sec. East 66.12 feet to a point; 28 17) South 65 deg. 02 min. 20 sec. East 131.07 feet to a point; 29 18) South 52 deg. 25 min. 09 sec. East 82.32 feet to a point; and 30 19) South 22 deg. 32 min. 34 sec. East 164.39 feet to a point on the 31 division line between said Parcel 3 on the Northwest and the lands now 32 or formerly of N&C Land Corp. as described in Book 5909 at Page 216 on 33 the Southeast; 34 thence along said division line the following three (3) courses: 35 1) South 49 deg. 27 min. 57 sec. West 79.32 feet to a point; 36 2) South 53 deg. 19 min. 19 sec. West 240.04 feet to a point; and 37 3) South 22 deg. 14 min. 01 sec. East 184.92 feet to its point of inter- 38 section with the division line between said Parcel 3 on the Northwest 39 and the said lands now or formerly of Forge Hill Holdings LLC on the 40 Southeast; 41 thence along the last mentioned division line the following three (3) 42 courses: 43 1) South 68 deg. 30 min. 44 sec. West 687.71 feet to a point; 44 2) North 58 deg. 12 min. 11 sec. West 225.00 feet to a point; and 45 3) North 44 deg. 58 min. 11 sec. West 37.51 feet to the point or place 46 of beginning and containing 590,196± square feet or 13.55 acres of land, 47 more or less. 48 Parcel III (G) 49 All that certain tract, piece, or parcel of land situate in the Town of 50 New Windsor, County of Orange, State of New York lying Southerly of 51 Caesars Lane being Parcel G as shown on a map entitled "Proposed Park- 52 land Alienation Map Lands Now Or Formerly Of The Town Of New Windsor - 53 Parkland Caesars Lane Wastewater Treatment Plant," dated March 15, 2024, 54 Project No. 23.3664, Dwg. No. 24-259, prepared by C.T. Male Associates,S. 9386 4 1 Engineering, Surveying, Architecture, Landscape Architecture & Geology, 2 D.P.C. and filed in the Orange County Clerk's Office and being more 3 particularly bounded and described as follows: 4 COMMENCING at a point on the Southerly road boundary of Caesars Lane at 5 its point of intersection with the common division line between the 6 lands now or formerly of the Town of New Windsor as described in Book 7 2107 at Page 1131 (Parcel 3) on the East and Lots 54, 53, 52, and 51 as 8 shown on a map entitled "Butter Hill Subdivision Section - 1," filed in 9 the Orange County Clerk's Office as Map No. 6289 on the West; 10 thence from said Point of Commencement along said Southerly road bounda- 11 ry of Caesars Lane the following six (6) courses: 12 1) South 74 deg. 51 min. 17 sec. East 125.63 feet to a point; 13 2) South 60 deg. 28 min. 06 sec. East 22.57 feet to a point; 14 3) North 88 deg. 01 min. 54 sec. East 32.27 feet to a point; 15 4) South 79 deg. 36 min. 50 sec. East 150.55 feet to a point; 16 5) South 53 deg. 39 min. 06 sec. East 144.71 feet to a point; and 17 6) South 38 deg. 00 min. 06 sec. East 63.24 feet to the True Point of 18 Beginning and runs thence from said Point of Beginning along the South- 19 erly road boundary of Caesars Lane the following two (2) courses: 20 1) South 22 deg. 53 min. 06 sec. East 38.56 feet to a point; and 21 2) South 23 deg. 24 min. 46 sec. East 33.51 feet to its point of inter- 22 section with the Easterly boundary of said Parcel 3; 23 thence along said Easterly boundary the following two (2) courses: 24 1) South 16 deg. 06 min. 04 sec. West 24.08 feet to a point; and 25 2) South 16 deg. 06 min. 04 sec. West 98.83 feet to its point of inter- 26 section with the division line between said Parcel 3 on the North and 27 the lands now or formerly of the Town of New Windsor as described in 28 Book 1784 at Page 128 (Parcel 5) on the South; 29 thence along the division line between said Parcel 3 on the North and 30 West and said Parcel 5 on the South and East the following two (2) 31 courses: 32 1) South 74 deg. 21 min. 20 sec. West 257.22 feet to a point; and 33 2) South 18 deg. 16 min. 14 sec. West 326.41 feet to its point of inter- 34 section with the division line between said Parcel 3 on the Northwest 35 and the lands now or formerly of the Town of New Windsor as described in 36 Book 1619 at Page 1146 (Parcel 4) on the Southeast; 37 thence along the last mentioned division line South 30 deg. 36 min. 04 38 sec. West 545.00 feet to a point; thence through said Parcel 3 the 39 following three (3) courses: 40 1) North 18 deg. 29 min. 59 sec. West 237.91 feet to a point; 41 2) North 29 deg. 42 min. 22 sec. East 743.67 feet to a point; and 42 3) North 64 deg. 38 min. 35 sec. East 376.47 feet to the point or place 43 of beginning and containing 185,451± square feet or 4.23 acres of land, 44 more or less. 45 § 4. Prior to the discontinuance and alienation of parkland described 46 in section three of this act, the town of New Windsor, acting by and 47 through its governing body, shall dedicate replacement land for use as 48 parklands described as follows: 49 Parcel A 50 All that certain tract, piece, or parcel of land situated in the Town of 51 New Windsor, County of Orange, State of New York, bounded and described 52 as follows: 53 BEGINNING at a point in common with the approximate Town of New 54 Windsor/Town of Cornwall Municipal Line, said point also being a pointS. 9386 5 1 in common with the lands now or formerly of Frank A. Calvari, Sr., Tax 2 map Section 4, Block 1, Lot 10.1 of the Town of Cornwall, said point 3 being further referenced as being a point in common with the remaining 4 lands of Meadowbrook Estates Major Subdivision as shown on a map enti- 5 tled "Meadowbrook Estates Minor Subdivision - Subdivision Plan", as 6 prepared by Pietrzak & Pfau Engineering & Surveying, PLLC; 7 and running thence along said remaining lands N66°24'58"W 366 feet; 8 Thence N47°02'25"E 327.85 feet; 9 Thence N06°50'32"W 787.62 feet; 10 Thence N43°14'13"E 43.86 feet; 11 Thence N47°17'18"W 205.52 feet; 12 Thence N33°36'09"E 206.16 feet to a point of curvature; 13 Thence on a curve to the left with a radius of 225.00 feet and an arc 14 length of 187.37 feet to a point of tangency; 15 Thence N14°06'37"W 211.63 feet to a point of curvature; 16 Thence on a curve to the left with a radius of 525.00 feet and an arc 17 length of 92.47 feet to a point of tangency; 18 Thence N24°12'08" 322.51 to a point of curvature; 19 Thence on a curve to the left with a radius of 225.00 feet and an arc 20 length of 91.67 feet to a point of tangency; 21 Thence N47°32'42"W 105.46 feet to a point of curvature; 22 Thence on a curve to the right with a radius of 175.00 feet and an arc 23 length of 130.43 feet to a point of tangency; 24 Thence N04°50'29"W 22.97 feet to a point in common with the lands now or 25 formerly of Mount Airy Estates, Inc., Tax Map Section 77, Block 10, Lot 26 5; 27 Thence N85°09'31"E 680.80 feet to a point in common with lands now or 28 formerly of Hakaj, Tax Map Section 77, Block 9, Lot 6, said point being 29 further referenced as being a point in common with lands now or formerly 30 of the Town of Windsor, Tax Map Section 65, Block 1, Lot 62; 31 Thence along said lot 62 N82°45'08"E 164.12 feet; 32 Thence N85°49'46"E 155.05 feet; 33 Thence S06°27'51"E 644.70 feet; 34 Thence N85°48'15"E 568.38 feet; 35 Thence N84°57'25"E 674.86 feet to a point in common with lands now or 36 formerly of John J. Desmond, Jr., Tax Map Section 65, Block 1, Lot 60, 37 said point being further referenced as being a point in common with 38 lands now or formerly of Michael Wygant and Christine Davis, Tax Map 39 Section 66, Block 1, Lot 1; 40 Thence S12°33'38"E 198.32 feet to a point in common with lands now or 41 formerly of Michael Wygant and Christine Davis, Tax Map Section 66, 42 Block 1, Lot 2, said point being further referenced as a point in common 43 with the portion of property to be combined with Tax Map Section 66, 44 Block 1, Lot 2, as shown on the above mentioned map; 45 Thence along all said property to be combined as shown as the above 46 mentioned map S78°48'52"W 50.00 feet; 47 Thence S11°11'08"E 122.80 feet; 48 Thence N78°48'52"E feet to a point in common with lands now or formerly 49 of Rita M. Harris, Tax Map Section 66, Block 1, Lot 3, as shown on the 50 above mentioned map; 51 Thence along said Lot 3 S09°54'02"E 125.91 feet to a point in common 52 with Lot 90 as shown on the map above, said point also being a point in 53 common with lands now or formerly of Franklin and Annabelle Smith, Tax 54 Map Section 66, Block 1, Lot 4; 55 Thence along said Lot 90 S48°15'44"W 175.61 feet;S. 9386 6 1 Thence S03°28'02"E 461.37 feet to a point in common with lands now or 2 formerly of James and Evelyn Dolan, Tax Map Section 66, Block 1, Lot 8; 3 Thence along said Lot 8 S25°06'38"E 315.91 feet to a point in common 4 with the approximate Town of New Windsor / Town of Cornwall Municipal 5 Line; 6 Thence along said Municipal Line S81°50'01"W 610.06 feet to a point in 7 common with lands now or formerly of Frank Real Estate, Tax Map Section 8 65, Block 1, Lot 61.2 as shown on the above mentioned map; 9 Thence along said Lot 61.2 N21°39'24"W 408.08 feet; 10 Thence S62°21'03"W 843.16 feet; 11 Thence S38°47'38"E 275.50 feet to a point in common with lands now or 12 formerly of RRWC, LLC, Tax Map Section 4, Block 1, Lot 11.2; 13 Thence S63°56'54"W 390.03 feet; 14 Thence S34°56'30"E 201.10 feet; 15 Thence S55°03'30"W 255.34 feet; 16 Thence S34°56'30"E 84.25 feet to the point or place of beginning. Such 17 parcel containing 74.76± acres of land. 18 Parcel B 19 All that certain tract, piece, or parcel of land situate in the Town of 20 New Windsor, County of Orange, State of New York lying generally South- 21 east of Butternut Drive and Northerly of County Route 74, being Parkland 22 Parcel B as shown on a map entitled "Proposed Parkland Alienation Map 23 Lands Now Or Formerly Of The Town Of New Windsor - Parkland Caesars Lane 24 Wastewater Treatment Plant," dated March 15, 2024, Project No. 23.3664, 25 Dwg. No. 24-259, prepared by C.T. Male Associates, Engineering, Survey- 26 ing, Architecture, Landscape Architecture & Geology, D.P.C. and filed in 27 the Orange County Clerk's Office and being more particularly bounded and 28 described as follows: 29 BEGINNING at the point of intersection of the division line between the 30 lands now or formerly of the Town of New Windsor as described in Book 31 14126 at Page 266 on the Southeast and other lands now or formerly of 32 the Town of New Windsor as described in Book 2107 at Page 1131 on the 33 Northwest with the Northerly road boundary of County Route 74 (a.k.a. 34 Forge Hill Road) and runs thence from said point of beginning along the 35 first herein mentioned division line the following four (4) courses: 36 1) North 41 deg. 25 min. 48 sec. East 109.30 feet to a point; 37 2) North 36 deg. 46 min. 49 sec. East 155.60 feet to a point; 38 3) North 52 deg. 35 min. 49 sec. East 386.10 feet to a point; and 39 4) North 52 deg. 30 min. 49 sec. East 94.67 feet to a point; 40 thence through the said lands now or formerly of the Town of New Windsor 41 as described in Book 14126 at Page 266 the following four (4) courses: 42 1) South 49 deg. 57 min. 04 sec. East 205.22 feet to a point; 43 2) South 45 deg. 00 min. 40 sec. East 334.41 feet to a point; 44 3) South 59 deg. 11 min. 55 sec. East 245.74 feet to a point; and 45 4) South 71 deg. 44 min. 57 sec. East 271.80 feet to a point on the 46 division line between the said lands now or formerly of the Town of New 47 Windsor as described in Book 14126 at Page 266 on the Northwest and the 48 lands now or formerly of Forge Hill Holdings LLC as described in Book 49 15076 at Page 1201 on the Southeast; 50 thence along the last mentioned division line the following two (2) 51 courses: 52 1) South 56 deg. 40 min. 08 sec. West 97.18 feet to a point; and 53 2) South 16 deg. 31 min. 04 sec. West 150.00 feet to a point on the said 54 Northerly road boundary of County Route 74 (a.k.a. Forge Hill Road);S. 9386 7 1 thence along said Northerly road boundary the following ten (10) cours- 2 es: 3 1) along a curve to the right having a radius of 1,560.23 feet and an 4 arc length of 152.18 feet to a point, the chord for said course being 5 North 69 deg. 35 min. 10 sec. West 152.12 feet; 6 2) North 21 deg. 09 min. 07 sec. West 55.45 feet to a point; 7 3) North 65 deg. 13 min. 47 sec. West 251.79 feet to a point; 8 4) North 65 deg. 34 min. 49 sec. West 87.24 feet to a point; 9 5) North 78 deg. 16 min. 35 sec. West 194.00 feet to a point; 10 6) South 83 deg. 26 min. 41 sec. West 79.92 feet to a point; 11 7) South 88 deg. 48 min. 17 sec. West 150.48 feet to a point; 12 8) North 81 deg. 25 min. 42 sec. West 143.63 feet to a point; 13 9) South 74 deg. 47 min. 23 sec. West 105.95 feet to a point; and 14 10) North 85 deg. 55 min. 17 sec. West 151.98 feet to the point or place 15 of beginning and containing 373,148± square feet or 8.57 acres of land, 16 more or less. 17 § 5. In the event that the fair market value of the parklands to be 18 dedicated by the town of New Windsor described in section four of this 19 act are not equal to or greater than the fair market value of the park- 20 lands to be discontinued in section three of this act, the town of New 21 Windsor shall dedicate the difference of the fair market value of the 22 lands to be alienated and the lands to be dedicated for the acquisition 23 of additional parklands and/or capital improvements to existing park and 24 recreational facilities. 25 § 6. In the event that the town of New Windsor received any funding 26 support or assistance from the federal government for the purchase, 27 maintenance, or improvement of the parklands set forth in section three 28 of this act, the discontinuance and alienation of such parklands author- 29 ized by the provisions of this act shall not occur until the town of New 30 Windsor has complied with any federal requirements pertaining to the 31 alienation or conversion of parklands, including satisfying the secre- 32 tary of the interior that the alienation or conversion complies with all 33 conditions which the secretary of the interior deems necessary to assure 34 the substitution of other lands shall be equivalent in fair market value 35 and usefulness to the lands being alienated or converted. 36 § 7. This act shall take effect immediately.
