senate Bill S2152A

Signed by Governor

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 condit

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Bill Status


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

  • 18 / Jan / 2011
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 01 / Mar / 2011
    • 1ST REPORT CAL.101
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 22 / Mar / 2011
    • HOME RULE REQUEST
  • 22 / Mar / 2011
    • PASSED SENATE
  • 22 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 22 / Mar / 2011
    • REFERRED TO LOCAL GOVERNMENTS
  • 01 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 01 / Jun / 2011
    • RETURNED TO SENATE
  • 01 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 01 / Jun / 2011
    • AMENDED ON THIRD READING 2152A
  • 16 / Jun / 2011
    • HOME RULE REQUEST
  • 16 / Jun / 2011
    • REPASSED SENATE
  • 16 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2011
    • SUBSTITUTED FOR A4986A
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.465
  • 20 / Jun / 2011
    • HOME RULE REQUEST
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 03 / Aug / 2011
    • SIGNED CHAP.324

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A4986A
Versions:
S2152
S2152A
Legislative Cycle:
2011-2012
Law Section:
Parks
Laws Affected:
Amd Chap 542 of 1997
Versions Introduced in 2009-2010 Legislative Cycle:
S7731, A10962

Sponsor Memo

BILL NUMBER:S2152A

TITLE OF BILL:
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

PURPOSE:
In 1997, the State of New York granted the Village of Round Lake the
right, subject to approval by the village board, to lease a parcel of
park land for use by a public utility/personal wireless facility.
Pursuant to this law, the Village of Round Lake then entered into an
option and lease agreement with Bell Atlantic Mobile for a term of
five years. Both parties subsequently agreed to renew said lease for
two additional five-year terms. Bell Atlantic Mobile expressed
interest in again extending the lease for five additional five-year
terms, while only one extension may be granted by the village of
Round Lake pursuant to existing law. In addition to this remaining
available five-year term, this legislation would grant the village
board authority to renew said lease to accommodate the request by
Bell Atlantic Mobile.

SUMMARY OF PROVISIONS:
Section one changes the term for which park land located within the
Village of Round Lake may be leased from twenty to thirty years.
Further, the bill includes a provision requiring that said land be
"returned substantially to its previous state" to bring the
legislation in line with more recent alienation laws. To address the
pier foundations required for safety and compliance, the bill adopts
a standard decommissioning approach of requiring removal to at least
three feet below the surface.

EXISTING LAW:
Chapter 542 of the Laws of 1997.

JUSTIFICATION:
This change will allow the village of Round Lake to continue receipt
of lease revenues, which must be used exclusively for the purchase of
new park land and/or the improvement of existing park land. Further,
such use of this land will have no negative impact on the
environment, and in fact will provide ecological benefits at the
expiration of lease terms.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2152--A
    Cal. No. 101

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and  Recreation  --  reported  favorably  from  said  committee,
  ordered to first and second report, ordered to a third reading, passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

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:

  Section 1. 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, is amended to read as follows:
  Section 1. Notwithstanding any  inconsistent  provisions  of  general,
special or local law, rule or regulation to the contrary, the village of
Round  Lake  in  the town of Malta and county of Saratoga, acting by and
through its village board, is hereby authorized and empowered to discon-
tinue as park land and to lease, for a term not in  excess  of  [twenty]
THIRTY  years,  the  lands  hereinafter described in section two of this
act, which had been acquired, reserved or designated by the  village  of
Round  Lake  for park and recreational purposes and are no longer needed
for said park purposes, for public  utility/personal  wireless  facility
purposes  for consideration equal to the fair market value of the inter-
est to be transferred, upon such terms and conditions as such  board  of
trustees may fix and determine.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01607-02-1

S. 2152--A                          2

  S 2. The lands referred to in section one of this act to be discontin-
ued  as  park  lands,  which  may be leased by the village of Round Lake
pursuant to the provisions of this act,  are  described  more  fully  as
follows:

                    PROPOSED LEASE PARCEL-PARCEL ONE

  All  that tract or parcel of land in the Village of Round Lake, County
of Saratoga and State of New York and being  more  particularly  bounded
and described as follows:
  Commencing  at  a point at its intersection with the property division
line between lands now or formerly  of  Whitehead  Brothers  Company  as
described  in  Liber 954 of deeds at page 590 on the north and lands now
or formerly of Village of Round Lake as described in Liber 873 of  deeds
at  page  363  on the south; thence South 50°-32'-03" East, through said
lands now or formerly of Village of Round Lake, 19.92 feet to the  point
of  beginning of a proposed lease parcel; thence continuing through said
lands now or formerly of Village of Round Lake the  following  four  (4)
courses and distances:
  1) South 00°-00'-00" East, 50.00 feet to a point;
  2) South 90°-00'-00" West, 50.00 feet to a point;
  3) North 00°-00'-00" West, 50.00 feet to a point;
  4) North 90°-00'-00" East, 50.00 feet to the point and place of begin-
ning and containing 2,500 square feet or 0.06 acres, more or less.
  Subject  to  the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the said boundaries to  a
location  of  no  larger  size that will not interfere with existing and
proposed water improvements and will  allow  for  the  safe  and  proper
construction of a communications facility.

                 ACCESS AND UTILITY EASEMENT-PARCEL TWO

All that tract or parcel of land in the Village of Round Lake, County of
Saratoga  and  State of New York and being more particularly bounded and
described as follows:
  Beginning at a railroad spike in the center of  Washington  Avenue  at
the reputed center of Bangs Road, being the centerline of a 25 foot wide
access  and  utility easement, and running through lands now or formerly
of The Village of Round Lake the  following  sixteen  (16)  courses  and
distances:
  1) South 83°-06'-55" West, 201.09 feet to a point;
  2) South 79°-01'-50" West, 38.92 feet to a point;
  3) South 69°-48'-20" West, 30.46 feet to a point;
  4) South 62°-58'-23" West, 399.19 feet to a point;
  5) South 55°-12'-41" West, 40.21 feet to a point;
  6) South 67°-31'-24" West, 40.91 feet to a point;
  7) South 60°-12'-34" West, 82.27 feet to a point;
  8) North 72°-49'-46" West, 70.82 feet to a point;
  9) North 70°-30'-20" West, 37.44 feet to a point;
  10) North 66°-14'-33" West, 47.41 feet to a point;
  11) North 76°-19'-02" West, 27.65 feet to a point;
  12) South 82°-26'-32" West, 27.65 feet to a point;
  13) South 71°-49'-19" West, 96.64 feet to a point;
  14) South 61°-40'-39" West, 26.42 feet to a point;
  15) South 41°-23'-20" West, 26.42 feet to a point;

S. 2152--A                          3

  16)  South  31°-14'-40"  West, 37.14 feet to the point on the easterly
boundary of a proposed lease parcel and  said  point  being  14.95  feet
distant southerly along said easterly boundary from the northeast corner
of  said  proposed  lease  parcel, and containing 30, 792 square feet or
0.71 acres, more or less.
  Subject  to  the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the  access  and  utility
easement  to  a  location  that  will  not  interfere  with existing and
proposed water improvements and will  allow  for  the  safe  and  proper
construction of an access drive.
  S 3. The net proceeds from the lease of the lands described in section
two  of  this act shall be used by the Village of Round Lake exclusively
for the purchase  of  additional  park  land  [or]  AND/OR  the  capital
improvement  of  existing  park  and recreational facilities within such
village.
  S 4. SHOULD THE LEASED LANDS DESCRIBED IN  SECTION  TWO  OF  THIS  ACT
CEASE  TO  BE USED FOR THE PURPOSE DESCRIBED IN SECTION ONE OF THIS ACT,
THE LEASE SHALL TERMINATE AND THOSE LANDS SHALL REVERT TO THE VILLAGE OF
ROUND LAKE FOR PUBLIC PARK AND RECREATIONAL PURPOSES.  AT  THE  TIME  OF
SUCH  REVERSION,  THE  REMOVAL  OF SUCH WIRELESS COMMUNICATIONS FACILITY
SHALL TAKE PLACE AND THE PROPERTY SHALL BE RETURNED SUBSTANTIALLY TO ITS
PREVIOUS  STATE,  CONSISTENT  WITH  PARKS  AND  RECREATIONAL   PURPOSES.
NOTWITHSTANDING THE PREVIOUS SENTENCE, FOUNDATIONS AND OTHER UNDERGROUND
STRUCTURES LOCATED THREE FEET OR MORE BELOW GRADE SHALL REMAIN ON AND IN
THE PROPERTY UPON TERMINATION OF THE LEASE.
  S 5. This act shall take effect immediately.
  S 2. This act shall take effect immediately.

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