Bill Text: NY S09804 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the city of Poughkeepsie to alienate and discontinue the use of certain parklands for the purpose of constructing a new emergency services communications tower.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-06-07 - RECOMMITTED TO RULES [S09804 Detail]

Download: New_York-2023-S09804-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9804

                    IN SENATE

                                      May 30, 2024
                                       ___________

        Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT in relation to authorizing the city of Poughkeepsie  to  alienate
          and discontinue the use of certain 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 city  of  Pough-
     2  keepsie  is hereby authorized, acting by and through its governing body,
     3  and upon such terms and conditions as determined by such governing body,
     4  to discontinue the use as parkland and alienate the lands  described  in
     5  section  three of this act, for the purpose of constructing an emergency
     6  communications tower on such lands for use by the city of Poughkeepsie.
     7    § 2. The authorization contained in section one of this act shall only
     8  be effective on the condition that, the city of Poughkeepsie dedicate an
     9  amount equal to or greater than the fair market value of  the  parklands
    10  being  discontinued toward the acquisition of new parklands and/or capi-
    11  tal improvements to existing park and recreational facilities.
    12    § 3. The parklands authorized by section one of this act to be discon-
    13  tinued as parkland is described as follows:
    14    ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE CITY  OF  POUGHKEEPSIE,
    15  COUNTY  OF  DUTCHESS  AND  STATE OF NEW YORK AND BEING A PORTION OF LAND
    16  CONVEYED TO THE CITY OF POUGHKEEPSIE, A MUNICIPAL CORPORATION  BY  LIBER
    17  200  AT  PAGE  239,  LIBER 200 AT PAGE 241 AND LIBER 200 AT PAGE 243 AND
    18  RECORDED IN THE DUTCHESS COUNTY CLERK'S OFFICE BOUNDED AND DESCRIBED  AS
    19  FOLLOWS:
    20    COMMENCING AT A POINT, SAID POINT BEING LOCATED ON THE EASTERLY BOUNDS
    21  OF  NORTH  CLINTON  STREET, SAID POINT BEING THE NORTHWESTERLY CORNER OF
    22  TAX PARCEL 6162-63-327371-0000, BEING OWNED NOW OR FORMERLY  BY  DEBORAH
    23  A.   WHITTON, THENCE FROM SAID POINT OF COMMENCEMENT ALONG SAID EASTERLY
    24  BOUNDS OF NORTH CLINTON STREET, N. 11° 02' 43" E., 402.00' TO  A  POINT,
    25  THEN FROM SAID POINT THROUGH THE SAID LANDS OF THE CITY OF POUGHKEEPSIE,
    26  A  MUNICIPAL  CORPORATION  AND  PARALLEL WITH THE NORTH LINE OF SAID TAX
    27  PARCEL 6162-63-327371-0000, S 81° 04' 59" E, 979.30', MORE  OR  LESS  TO
    28  THE  NORTHEASTERLY  CORNER OF AN EXISTING TELECOMMUNICATION COMPOUND AND

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15768-02-4
        S. 9804                             2

     1  THE POINT AND PLACE OF BEGINNING, THENCE FROM SAID POINT  AND  PLACE  OF
     2  BEGINNING THE FOLLOWING EIGHT (8) COURSES AND DISTANCES:
     3    1) S. 73° 24' 59" E., 21.00', THENCE
     4  2) N. 16° 35' 01" E., 45.60', THENCE
     5  3) N. 43° 35' 01" E., 25.00', THENCE
     6  4) N. 46° 24' 59" W., 20.00', THENCE
     7  5) S. 43° 35' 01" W., 33.50', THENCE
     8  6) N. 73° 24' 59" W., 33.34', THENCE
     9  7) S. 16° 35' 01" W., 59.56', THENCE
    10  8) S. 73°  24'  59"  E.,  29.00'  TO  THE  POINT AND PLACE OF BEGINNING,
    11  CONTAINING 3,447.03 SQ. FEET, OR 0.079 ACRES MORE OR LESS.
    12    § 4. In the event that the city of Poughkeepsie received  any  funding
    13  support  or  assistance  from  the  federal government for the purchase,
    14  maintenance, or improvement of the parklands set forth in section  three
    15  of this act, the discontinuance and alienation of such parklands author-
    16  ized  by  the  provisions  of this act shall not occur until the city of
    17  Poughkeepsie has complied with any federal  requirements  pertaining  to
    18  the  alienation  or  conversion  of  parklands, including satisfying the
    19  secretary of the interior that the  alienation  or  conversion  complies
    20  with  all conditions which the secretary of the interior deems necessary
    21  to assure the substitution of other lands shall be  equivalent  in  fair
    22  market value and usefulness to the lands being alienated or converted.
    23    § 5. This act shall take effect immediately.