S T A T E   O F   N E W   Y O R K
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                                  5873

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 15, 2009
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT in relation to authorizing the town of Malta, county of  Saratoga
  to  discontinue  the use of certain lands as parklands and to sell and
  convey such lands, which are no longer needed for park  purposes

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

  Section  1.  Subject to the provisions of this act but notwithstanding
any provision of law to the contrary, the town of Malta, county of Sara-
toga is hereby authorized, acting by and through its town board and upon
such terms and conditions as determined by  such  legislative  body,  to
discontinue  the use of the municipally owned parkland more particularly
described in section three of this act, and  to  sell  and  convey  such
lands,  including  the historic residence known as the "Wiggins-Collamer
House" located at 450 East High Street in the town of Malta,  which  are
no longer needed for park purposes, upon such other terms and conditions
as may be determined by such board, but at fair market value.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the town  of  Malta  dedicate  an
amount  equal  to  or greater than the fair market value of the property
being alienated by this act for the acquisition of additional  parklands
and/or for capital improvements to existing park and recreational facil-
ities.
  S  3. The lands authorized by this act to be discontinued as parklands
are as follows:
  ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Malta,  County
of  Saratoga and State of New York, lying in the northwest corner of the
intersection of East High Street and New York State Highway Route No.  9
and  being more particularly bounded and described as follows: BEGINNING
at an iron rod set at the intersection of East High Street and New  York
State  Highway  Route  No.  9,  as  shown on a map entitled "Map Showing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11538-02-9
              

S. 5873                             2

Survey of Lands of the Town of Malta, Known As: Collamer Park"  Prepared
by  Louis  J. Gnip, P.L.S. 49022, dated July 28, 1988; thence, from said
point of beginning North 09°40'55" West, 8.68 feet to  a  point  on  the
westerly  line  of New York State Highway No. 9, thence continuing along
said westerly line North 11°38'48" West, 151.24 feet to a point in  said
westerly  line  of  New  York  State  Highway  Route No. 9; thence South
82°04'49" West through the lands of The Town of Malta, 142.00 feet  more
or less to a point; thence South 07°31'01" East through the lands of The
Town of Malta, 143.00 feet more or less to a point in the northerly line
of  East High Street; thence easterly along a curve to the right, having
a radius of 979.75 feet according to said map, an arc distance of 154.16
feet, the chord of said curve bearing of North 88°16'00" East,  a  chord
distance  of  154.00  feet,  to  the  point  and  place of beginning and
containing in all 0.50 acre, more or less, and being a  portion  of  the
lands  described  in  a  deed  recorded  in book 919 at page 1033 in the
office of the County Clerk for Saratoga County, New York.
  S 4. The discontinuance and conveyance of parkland authorized  by  the
provisions  of  this  act  shall  not  occur until the town of Malta has
complied with any federal or state requirements pertaining to the alien-
ation or conversion of parklands, including satisfying the secretary  of
the  interior that the alienation or conversion complies with all condi-
tions which the secretary of the interior deems necessary to assure that
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being alienated or converted.
  S 5. In the event that the park lands to be dedicated by the  town  of
Malta pursuant to this act are not of equal or greater fair market value
and usefulness as park lands than the park lands to be discontinued, the
town  of Malta shall dedicate the difference of fair market value and/or
usefulness of the lands to be alienated and the lands  to  be  dedicated
for the acquisition of additional park lands and/or capital improvements
to existing park and recreational facilities.
  S 6. This act shall take effect immediately.