Bill Text: NY S07731 | 2009-2010 | General Assembly | Introduced
Bill Title: Extends the term of the lease of certain park lands and provides for the return of such park lands to the village of Round Lake upon the occurrence of certain conditions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-06-24 - referred to local governments [S07731 Detail]
Download: New_York-2009-S07731-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7731 A. 10962
S E N A T E - A S S E M B L Y
May 5, 2010
___________
IN SENATE -- Introduced by Sen. McDONALD -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
IN ASSEMBLY -- Introduced by M. of A. JORDAN -- read once and referred
to the Committee on Local Governments
AN ACT to amend chapter 542 of the laws of 1997 relating to authorizing
the village of Round Lake in the town of Malta and county of Saratoga
to discontinue the use as such of certain park lands no longer needed
for park purposes and to lease the same, in relation to extending the
provisions thereof and providing for the return of such lands upon the
occurrence of certain conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 542 of the laws of 1997 relating to authorizing the
2 village of Round Lake in the town of Malta and county of Saratoga to
3 discontinue the use as such of certain park lands no longer needed for
4 park purposes and to lease the same, is amended to read as follows:
5 Section 1. Notwithstanding any inconsistent provisions of general,
6 special or local law, rule or regulation to the contrary, the village of
7 Round Lake in the town of Malta and county of Saratoga, acting by and
8 through its village board, is hereby authorized and empowered to discon-
9 tinue as park land and to lease, for a term not in excess of [twenty]
10 FORTY years, the lands hereinafter described in section two of this act,
11 which had been acquired, reserved or designated by the village of Round
12 Lake for park and recreational purposes and are no longer needed for
13 said park purposes, for public utility/personal wireless facility
14 purposes for consideration equal to the fair market value of the inter-
15 est to be transferred, upon such terms and conditions as such board of
16 trustees may fix and determine.
17 S 2. The lands referred to in section one of this act to be discontin-
18 ued as park lands, which may be leased by the village of Round Lake
19 pursuant to the provisions of this act, are described more fully as
20 follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17161-01-0
S. 7731 2 A. 10962
1 PROPOSED LEASE PARCEL-PARCEL ONE
2 All that tract or parcel of land in the Village of Round Lake, County
3 of Saratoga and State of New York and being more particularly bounded
4 and described as follows:
5 Commencing at a point at its intersection with the property division
6 line between lands now or formerly of Whitehead Brothers Company as
7 described in Liber 954 of deeds at page 590 on the north and lands now
8 or formerly of Village of Round Lake as described in Liber 873 of deeds
9 at page 363 on the south; thence South 50 -32'-03" East, through said
10 lands now or formerly of Village of Round Lake, 19.92 feet to the point
11 of beginning of a proposed lease parcel; thence continuing through said
12 lands now or formerly of Village of Round Lake the following four (4)
13 courses and distances:
14 1) South 00 -00'-00" East, 50.00 feet to a point;
15 2) South 90 -00'-00" West, 50.00 feet to a point;
16 3) North 00 -00'-00" West, 50.00 feet to a point;
17 4) North 90 -00'-00" East, 50.00 feet to the point and place of begin-
18 ning and containing 2,500 square feet or 0.06 acres, more or less.
19 Subject to the right of the Village of Round Lake Board of Trustees,
20 in its sole discretion, to reasonably relocate the said boundaries to a
21 location of no larger size that will not interfere with existing and
22 proposed water improvements and will allow for the safe and proper
23 construction of a communications facility.
24 ACCESS AND UTILITY EASEMENT-PARCEL TWO
25 All that tract or parcel of land in the Village of Round Lake, County of
26 Saratoga and State of New York and being more particularly bounded and
27 described as follows:
28 Beginning at a railroad spike in the center of Washington Avenue at
29 the reputed center of Bangs Road, being the centerline of a 25 foot wide
30 access and utility easement, and running through lands now or formerly
31 of The Village of Round Lake the following sixteen (16) courses and
32 distances:
33 1) South 83 -06'-55" West, 201.09 feet to a point;
34 2) South 79 -01'-50" West, 38.92 feet to a point;
35 3) South 69 -48'-20" West, 30.46 feet to a point;
36 4) South 62 -58'-23" West, 399.19 feet to a point;
37 5) South 55 -12'-41" West, 40.21 feet to a point;
38 6) South 67 -31'-24" West, 40.91 feet to a point;
39 7) South 60 -12'-34" West, 82.27 feet to a point;
40 8) North 72 -49'-46" West, 70.82 feet to a point;
41 9) North 70 -30'-20" West, 37.44 feet to a point;
42 10) North 66 -14'-33" West, 47.41 feet to a point;
43 11) North 76 -19'-02" West, 27.65 feet to a point;
44 12) South 82 -26'-32" West, 27.65 feet to a point;
45 13) South 71 -49'-19" West, 96.64 feet to a point;
46 14) South 61 -40'-39" West, 26.42 feet to a point;
47 15) South 41 -23'-20" West, 26.42 feet to a point;
48 16) South 31 -14'-40" West, 37.14 feet to the point on the easterly
49 boundary of a proposed lease parcel and said point being 14.95 feet
50 distant southerly along said easterly boundary from the northeast corner
51 of said proposed lease parcel, and containing 30, 792 square feet or
52 0.71 acres, more or less.
S. 7731 3 A. 10962
1 Subject to the right of the Village of Round Lake Board of Trustees,
2 in its sole discretion, to reasonably relocate the access and utility
3 easement to a location that will not interfere with existing and
4 proposed water improvements and will allow for the safe and proper
5 construction of an access drive.
6 S 3. The net proceeds from the lease of the lands described in section
7 two of this act shall be used by the Village of Round Lake exclusively
8 for the purchase of additional park land [or] AND/OR the capital
9 improvement of existing park and recreational facilities within such
10 village.
11 S 4. SHOULD THE LEASED LANDS DESCRIBED IN SECTION TWO OF THIS ACT
12 CEASE TO BE USED FOR THE PURPOSE DESCRIBED IN SECTION ONE OF THIS ACT,
13 THE LEASE SHALL TERMINATE AND THOSE LANDS SHALL REVERT TO THE VILLAGE OF
14 ROUND LAKE FOR PUBLIC PARK AND RECREATIONAL PURPOSES. AT THE TIME OF
15 SUCH REVERSION, THE REMOVAL OF SUCH WIRELESS COMMUNICATIONS FACILITY
16 SHALL TAKE PLACE AND THE PROPERTY SHALL BE RETURNED SUBSTANTIALLY TO ITS
17 PREVIOUS STATE, CONSISTENT WITH PARKS AND RECREATIONAL PURPOSES.
18 NOTWITHSTANDING THE PREVIOUS SENTENCE, FOUNDATIONS AND OTHER UNDERGROUND
19 STRUCTURES LOCATED THREE FEET OR MORE BELOW GRADE SHALL REMAIN ON AND IN
20 THE PROPERTY UPON TERMINATION OF THE LEASE.
21 S 5. This act shall take effect immediately.
22 S 2. This act shall take effect immediately.
