senate Bill S1757A

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Feb / 2009
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Mar / 2009
    • 1ST REPORT CAL.107
  • 12 / Mar / 2009
    • 2ND REPORT CAL.
  • 16 / Mar / 2009
    • ADVANCED TO THIRD READING
  • 09 / Jul / 2009
    • AMENDED ON THIRD READING 1757A
  • 15 / Jul / 2009
    • SUBSTITUTED BY A4703A

Summary

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands.

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Bill Details

See Assembly Version of this Bill:
A4703A
Versions:
S1757
S1757A
Legislative Cycle:
2009-2010
Law Section:
Saratoga County
Versions Introduced in 2007-2008 Legislative Cycle:
S8259A, A11164A

Sponsor Memo

BILL NUMBER: S1757A

TITLE OF BILL :
An act authorizing the county of Saratoga to discontinue for
reforestation purposes the use of certain lands and to convey such
lands

SUMMARY OF PROVISIONS :
Section 1 of the bill authorizes the County of Saratoga to discontinue
the use of not greater that 9.013 acres of land for reforestation
purposes that is identified in section 2 and to convey the same to the
Town of Moreau .in exchange for a new parcel identified in section 3
that shall be dedicated for reforestation purposes.

Section 2 provides a legal description of the property to be conveyed.

Section 3 provides a legal description of the property to be acquired
by the County in exchange that shall be dedicated for reforestation
purposes.

Section 4 provides the bill shall be effective immediately.

JUSTIFICATION :
The County of Saratoga is willing to assist the Town of Moreau in
regard to a proposed new court and public safety facility by conveying
a 9.013 acre parcel to the Town.

However, the parcel in question has been dedicated for reforestation
purposes and by virtue of Section 219 of the County Law, an act of the
State Legislature is necessary in order to transfer the land.

The County as part of the agreement will replace the loss of
reforestation land by obtaining from the Town another parcel of equal
or greater fair market value to the lands being alienated which the
County will dedicate for reforestation purposes.

The new parcel is adjacent to existing reforestation land already
owned by the County, and is more suitable for reforestation purposes.

The land to be conveyed due to its location is ideally suited for
locating this public safety facility and is in the best interest of
both municipalities.

LEGISLATIVE HISTORY :

06/24/08 S.8259-A Rules
06/17/08 A.11164-A Local Governments

FISCAL IMPLICATIONS :
None to the State or to the County of Saratoga.

EFFECTIVE DATE :
Immediately.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1757--A
    Cal. No. 107

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT authorizing the county of Saratoga to discontinue for reforesta-
  tion purposes the use of certain lands and to convey such lands

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  section  219  of  the  county law to the
contrary, the county of Saratoga, acting through  its  county  board  of
supervisors,  is  hereby  authorized  to  discontinue  the  use of lands
described in section two of this act acquired for reforestation purposes
and to enter into a contract to convey its interest in the real property
as described in section two of this  act,  to  the  town  of  Moreau  to
construct  a  court  and  public safety facility and a future town hall.
The authorization provided in this section shall be effective only  upon
the  acquisition by the county of Saratoga of the parcel as described in
section three of this act, which is currently vacant property  not  used
by the public for recreational or reforestation purposes.
  S  2.  The  real  property  authorized to be conveyed by the county of
Saratoga pursuant to section one  of  this  act  shall  be  bounded  and
described as follows:
  ALL  THAT  TRACT  OR  PARCEL  OF  LAND  situate north of NYS Rte. 197,
Reynolds Road, Town of Moreau, Saratoga County, State of  New  York  and
being more particularly bounded and described as follows:
  Beginning  at  a point at the southeast corner of the herein described
parcel and also being the northeast corner of other lands of the Town of
Moreau (formerly Jehovah's Witnesses Lands) and also being on  the  west
boundary of the White Birch MHC, LLC (L. 1562 P. 189), thence

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06134-02-9

S. 1757--A                          2

S 89-26'-14"W   200.94   along other lands of the Town of Moreau to
                         a point at the northeast corner of lands of
                         Magdalena Malave (L. 1327 P. 636), thence
S 89-27'-09"W   104.25   along Malave to a point at the northeast corner
                         of lands of South Glens Falls Fire Company, Inc.,
                         thence
S 89-26'-33"W   432.42'  along South Glens Falls Fire Company, Inc.
                         to a point at the northeast corner of lands
                         of Peter Phair (L. 1512 P. 459), thence the
                         following two courses thru lands of Saratoga
                         County
N 00-41'-11"W   500.02'  to a point, thence
N 89-26'-36"E   785.19'  to a point on the west boundary of White
                         Birch MHC, LLC, thence
S 00-41'-11"E   500.00'  along White Birch MHC, LLC to the point and
                         place of beginning

Subject to easements and rights-of-way of record. Said parcel containing
9.013 plus or minus acres.
  S  3.   The authorization provided in section one of this act shall be
effective only upon the condition that on or before the  alienation  and
conveyance  of lands described in section two of this act, the county of
Saratoga shall acquire and  dedicate  real  property  for  reforestation
purposes,  of  equal  or  greater  fair  market value to the lands being
alienated. In the event that the lands to be acquired by the  county  of
Saratoga  for  reforestation purposes pursuant to this act are not equal
to or greater than the fair market value of the lands to be alienated by
the county of Saratoga, the county shall dedicate the difference between
the fair market value of the lands to be alienated and the  fair  market
value  of  the  lands  to be acquired; for the acquisition of additional
lands for reforestation purposes. The additional  real  property  to  be
acquired  and  dedicated  for reforestation purposes, being more partic-
ularly bound and described as follows:
  ALL that tract or parcel of land situate south of Butler Road and west
of Redmond Road, Town of Moreau, Saratoga County, State of New York  and
being more particularly bounded and described as follows:
  Beginning  at  a point at the northwest corner of the herein described
parcel and being on the south boundary of Butler Road and also being the
northeast corner of lands of Saratoga County, thence from said point  of
beginning the following two courses along Butler Road;

S 87-19'-38"E   418.97'  to a point, thence
S 84-18'-39"E   41.66'   to a point on the west boundary of Redmond Road,
                         thence the following three courses along the west
                         boundary of Redmond Road
S 39-22'-10"E   80.00'   to a point, thence
S 09-22'-47"E   373.46'  to a point, thence
S 09-32'-35"E   371.69'  to a point at the northeast corner of lands of
                         Saratoga County, thence the following two
                         courses along lands of Saratoga County
N 86-48'-58"W   500.61'  to a point, thence
N 09-32'-58"W   803.86'  to the point and place of beginning

Subject to easements and rights-of-way of record. Said parcel
containing 9.013 plus or minus acres.
  S 4. This act shall take effect immediately.

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