Bill Text: NY S06755 | 2023-2024 | General Assembly | Amended


Bill Title: Authorizes the town of Warwick, county of Orange to alienate certain lands held in public trust in the town of Warwick, county of Orange.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-07-19 - SIGNED CHAP.203 [S06755 Detail]

Download: New_York-2023-S06755-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6755--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 9, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT authorizing the town of Warwick, county  of  Orange  to  alienate
          certain  lands  held in public trust in the town of Warwick, county of
          Orange

          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 Warwick,
     2  in the county of Orange, acting by and through its town board, is hereby
     3  authorized  to  discontinue  as  public  trust lands and to alienate the
     4  lands more particularly described in section three of this act  for  the
     5  purpose  of  exchanging  such  land  for  lands owned by urbanXtracts, a
     6  "seed-to-market" cannabis business.
     7    § 2. The authorization contained in section one of this act shall take
     8  effect only upon the condition that the town of Warwick  shall  dedicate
     9  the  lands  described  in  section four of this act as parkland provided
    10  that the town of Warwick has never used such lands for public open space
    11  or park purposes.
    12    § 3. The lands authorized by section one of this act to be  discontin-
    13  ued as public trust land and alienated are as follows:
    14    All  that  parcel  of  land  situate,  lying  and being in the Town of
    15  Warwick, County of Orange and State of New York, being more particularly
    16  bounded and described as follows:
    17    Beginning at a point along the easterly  boundary  of  Lot  5  at  the
    18  northwesterly  corner of Lot 2 West, being located S 00 01' 34" W, 50.00
    19  feet from the most easterly corner of Lot 1; thence along  the  boundary
    20  of Lot 2 West the following four (4) courses and distances:
    21    (1) S 00° 01' 34" W, a distance of 108.85 feet to a point;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11031-04-3

        S. 6755--A                          2

     1    (2) S 13° 15' 40" W, a distance of 234.10 feet to a point;
     2    (3) S 25° 00' 00" E, a distance of 148.92 feet to a point;
     3    (4) N 72° 20' 30" E, a distance of 553.66 feet to a point;
     4    thence   through  Lot  5  the  following  nineteen  (19)  courses  and
     5  distances:
     6    (1) S 13° 00' 00" W, a distance of 62.71 feet to a point;
     7    (2) S 52° 27' 48" W, a distance of 1,126.22 feet to a point;
     8    (3) S 69° 09' 00" W, a distance of 206.00 feet to a point;
     9    (4) N 20° 51' 00" W, a distance of 254.50 feet to a point;
    10    (5) N 69° 09' 00" E, a distance of 53.12 feet to a point;
    11    (6) S 69° 37' 16" E, a distance of 62.55 feet to a point;
    12    (7) N 20° 22' 24" E, a distance of 80.00 feet to a point;
    13    (8) N 70° 38' 56" W, a distance of 80.00 feet to a point;
    14    (9) N 29° 44' 43" E, a distance of 13.41 feet to a point;
    15    (10) N 51° 49' 50" W a distance of 57.38 feet to a point;
    16    (11) along a curve to the left having a radius of 115.00 feet, an  arc
    17  length of 46.43 feet to a point;
    18    (12) N 74° 57' 52" W, a distance of 25.46 feet to a point;
    19    (13)  along a curve to the right having a radius of 45.00 feet, an arc
    20  length of 43.03 feet to a point;
    21    (14) N 20° 10' 47" W, a distance of 397.60 to the point located  along
    22  the  southerly boundary of a roadway now known as John Hicks Drive, said
    23  point being located N 65° 09' 20" E, 180.90 feet from the  northeasterly
    24  boundary of Lot 1;
    25    (15) N 65° 09' 20" E, for a distance of 136.44 feet to a point;
    26    (16) along a curve to the right having a radius of 250.00 feet, an arc
    27  length of 97.24 feet to a point;
    28    (17) N 87° 26' 30" E, a distance of 140.91 feet to a point;
    29    (18)  along a curve to the left having a radius of 350.00 feet, an arc
    30  length of 270.71 feet;
    31    (19) along a curve to the right having a radius of 365.00 feet, an arc
    32  length of 298.77 feet to the Point Of Beginning.
    33    Containing 15.67 acres of land, more or less.
    34    Being a portion of Lot 5 shown on the map entitled "Survey Map showing
    35  The Remaining Lands to be Retained by the Town of Warwick of the  former
    36  Mid-Orange  Correctional  Facility,  prepared  for  Warwick Valley Local
    37  Development Corporation, New York  State  Office  of  General  Services,
    38  Empire  State Development Corporation," dated July 2, 2013, last revised
    39  December 5, 2013, on file at  the  New  York  State  Office  of  General
    40  Services as OGS Map No. 2462, Sheet 4.
    41    §  4.  Prior  to the discontinuance and alienation of the public trust
    42  land described in section three of this act, the town of  Warwick  shall
    43  acquire  and  dedicate  as  public  trust  land  such land consisting of
    44  approximately 2.28 acres described as follows:
    45    All that parcel of land situate,  lying  and  being  in  the  Town  of
    46  Warwick, County of Orange and State of New York, being more particularly
    47  bounded and described as follows:
    48    Beginning  at  a  point  on  the  most Easterly corner of lands now or
    49  formerly NY Hemp Source, LLC (Section 46, Block 1, Lot 35) also known as
    50  Lot 2 West (Filed Map number 38-14 in the Orange County Clerk's  Office)
    51  where  the same is intersected by the Westerly Line of State School Road
    52  and runs along the original line of Lot 2 West S72°20'30W for a distance
    53  of 490.07 feet to a point, thence;
    54    Along a line to become the new division line between NY  Hemp  Source,
    55  LLC and The Town Of Warwick N13°00'00"E for a distance of 237.29 feet to
    56  a point, thence;

        S. 6755--A                          3

     1    Along  the  same N06°32'49"E for a distance of 103.00 feet to a point,
     2  thence;
     3    Along  the Southerly and Westerly line of State School Road on a curve
     4  to the left with a radius of 1,714.50 feet for an arc distance of 220.41
     5  feet subtended with a Chord Bearing S86°56'44"E for a distance of 220.26
     6  feet to a point, thence;
     7    Along the same N89°22'18"E for a distance of 96.39 feet  to  a  point,
     8  thence;
     9    Along the same on a curve to the right with a radius of 35.50 feet for
    10  an arc distance of 44.41 feet subtended with a Chord Bearing S54°47'11"E
    11  a distance of 41.57 feet to a point, thence;
    12    Along  the same S18°56'40"E a distance of 158.83 feet to the point and
    13  place of beginning.
    14    Said parcel containing 2.28 acres, more or less.
    15    § 5. In the event that the fair market value of the lands described in
    16  section four of this act to be dedicated by the town of Warwick as park-
    17  lands are not equal to or greater than the  fair  market  value  of  the
    18  lands  to  be  alienated  as described in section three of this act, the
    19  town of Warwick shall dedicate the difference of the fair  market  value
    20  of  the  lands  to  be  alienated  and the lands to be dedicated for the
    21  acquisition of additional parklands and/or capital improvement to exist-
    22  ing park and recreational facilities.
    23    § 6. In the event that  the  town  of  Warwick  received  any  funding
    24  support  or  assistance  from  the  federal government for the purchase,
    25  maintenance or improvement of the lands held in public trust  set  forth
    26  in  section three of this act, the discontinuance and alienation of such
    27  lands held in public trust authorized by the provisions of  section  one
    28  of  this act shall not occur until the town of Warwick has complied with
    29  any federal requirements pertaining to the alienation or  conversion  of
    30  such public trust lands, including satisfying the secretary of the inte-
    31  rior  that  the  alienation  or  conversion complies with all conditions
    32  which the secretary of  the  interior  deems  necessary  to  assure  the
    33  substitution of other lands shall be equivalent in fair market value and
    34  usefulness to the lands being alienated or converted.
    35    § 7. This act shall take effect immediately.
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