senate Bill S4045

Signed by Governor Amended

Authorizes the town of East Greenbush to lease certain parklands

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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

  • 15 / Mar / 2011
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 17 / May / 2011
    • 1ST REPORT CAL.671
  • 18 / May / 2011
    • AMENDED 4045A
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • HOME RULE REQUEST
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 16 / Jun / 2011
    • SUBSTITUTED FOR A6332A
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.303
  • 16 / Jun / 2011
    • HOME RULE REQUEST
  • 16 / Jun / 2011
    • PASSED ASSEMBLY
  • 16 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 03 / Aug / 2011
    • SIGNED CHAP.337

Summary

Authorizes the town of East Greenbush to lease certain parklands for a term not to exceed thirty years.

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Bill Details

See Assembly Version of this Bill:
A6332
Versions:
S4045
S4045A
Legislative Cycle:
2011-2012
Law Section:
Parks

Sponsor Memo

BILL NUMBER:S4045

TITLE OF BILL:
An act
to authorize the town of East Greenbush, county of Rensselaer, to lease
certain parklands

PURPOSE OR GENERAL IDEA OF BILL:
To allow the town of East Greenbush
to lease certain municipally owned lands to the Miracle League, Inc.
for a period of time not to exceed thirty years.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the town of East
Greenbush in Rensselaer County to lease to the Miracle League, Inc a
public sports facility with athletic fields, concession facilities
and related facilities.

Section 2 outlines the terms and conditions of such lease: (a) such
lease shall be non-exclusive and revocable-at-will by the town, (b)
the League shall use the premises to engage in and promote
recreational sports activities for persons with special needs, (c)
such lease is non-exclusive and the premises shall be open and
accessible to the public at large who wish to use the field for
persons with special needs and should a scheduling conflict arise,
the town of East Greenbush shall resolve such conflict in a fair and
equitable manner, (d) the League shall maintain the field, which
shall be secured at all times when not in use, (e) the League shall
purchase a liability insurance policy in an amount not less than
$2,000,000 naming the town of East Greenbush as an additional insured.

Section 3 outlines the land boundaries of the property.

Section 4 reverts interests described in Section 3 to East Greenbush
should such filed cease to be operated as a public sports facility.

Section 5 outlines requirements on the part of the Town of East
Greenbush regarding funding under the federal land and water
conservation fund.

Section 6 is the effective date

JUSTIFICATION:
The Miracle league is a charitable organization which
provides children with mental and/or physical challenges an
opportunity to play baseball, softball, football, soccer and other
sports as a team member in an organized league. They have worked in
close cooperation with the Town of East Greenbush to construct the
Jaime M. Adams Field, the first of its kind in upstate New York.
Because of the specialized nature of this field, the Town of East
Greenbush would like to offer a non-exclusive long term lease,
revocable at will, to the League so that children. with special needs
in the Capital Region can continue to enjoy recreational activities.

PRIOR LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

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

    S. 4045                                                  A. 6332

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 15, 2011
                               ___________

IN  SENATE  --  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

IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  read  once  and
  referred to the Committee on Local Governments

AN ACT to authorize the town of East Greenbush, county of Rensselaer, to
  lease certain parklands

  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,  the  town  of  East
Greenbush,  county  of  Rensselaer,  is hereby authorized, acting by and
through its town board, to lease to the Miracle League, Inc.  ("League")
for  a  term  not to exceed thirty years, the municipally owned parkland
more particularly described in section three of this act, consisting  of
a public sports facility with athletic fields, concession facilities and
related facilities.
  S 2.  The lease authorized by section one of this act shall be subject
to the following terms and conditions:
  (a) The lease shall be non-exclusive and revocable-at-will by the town
of East Greenbush.
  (b) The League shall use the premises for its intended purpose, namely
to  engage  in  and  promote  recreational  sports  activities for those
persons with special-needs whom require the unique nature of  the  field
in  order  to participate to the fullest extent possible in the types of
sports activities for which the field was constructed and  the  use  for
which it is intended.
  (c)  It  is  understood that the use of this facility by the League is
non-exclusive and the premises shall  be  open  and  accessible  to  the
general public at large whom are desirous of utilizing the field and its
appurtenances for its intended purpose, specifically to engage in sports

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09583-01-1

S. 4045                             2                            A. 6332

and recreational activities for persons with special-needs. In the event
a  scheduling  conflict  should  arise  over  the use of the field, such
conflict shall be resolved in a fair and equitable manner by the town of
East  Greenbush public works department so as to maximize the use of the
facility and permit all whom desire the use of the facility such  oppor-
tunity.
  (d)  In  consideration of the lease authorized by this act, the League
shall maintain the field including the structural integrity and  surface
of  the field in accordance with all recommendations of the manufacturer
and installer, including all coverings  and/or  surface  protectants  to
protect  the  field  when  not  in  use,  toward maximizing the life and
longevity of the field surface and the appurtenant  structures  thereto.
The  field  shall be fenced and secured at all times when not in use and
the town of East Greenbush and any emergency  agencies  (police,  rescue
and fire) shall be provided with access thereto.
  (e)  The  League  shall  purchase,  provide and have in full force and
effect a policy of liability insurance in an amount of not less than two
million dollars ($2,000,000.00) naming the town of East Greenbush as  an
additional  insured  thereon. A certificate evidencing the insurance and
effective date of said coverage shall be furnished to the town  of  East
Greenbush  for review and approval by its counsel prior to the commence-
ment by the League of the activities contemplated by the  lease  author-
ized by this act.
  S  3.  The  lands  referred to in section one of this act are located,
bounded and described as follows:
  All that piece or parcel of land with the buildings  and  improvements
thereon erected, situate, lying and being in the Town of East Greenbush,
County of Rensselaer, State of New York and being a portion of Lot No. 2
as shown on a "Two Lot Subdivision Map - Portion of Lands Now or Former-
ly  of  Hazel D. Reichard & Donald P. Leffler to be conveyed to the Town
of East Greenbush" prepared by Gurley Engineering, Surveying and Mapping
Group, P.C. dated September 2nd, 2003 and last revised  September  18th,
2003,  filed  in the Rensselaer County Clerk's Office on September 18th,
2003 in Drawer 2003 as  Map  No.  100,  more  particularly  bounded  and
described as follows:
  Beginning  at  a point in the division line of the lands N/F of George
C.  & Barbara M. Sager (Book 1644, Pg. 133 - Tax Map No.  167-4-6.1)  on
the  west  and  the  parcel  herein described on the east, said point of
beginning being South 26 deg. 17 min. 43 sec. West 229.56  feet  from  a
capped  iron rod found in the intersection of the west line of the above
mentioned Lot No. 2 at the south corner of the lands N/F of Robert H.  &
Cathyanne  Kielb  (Book 1374, pg. 787 - Tax Map No. 156-3-27.19); thence
through the lands of the Town of East Greenbush (Lot No. 2) the  follow-
ing six (6) courses and distances:
  1)  South 62 deg. 08 min. 41 sec. East 146.65 feet to a dock spike set
in the northwest corner of the "Jamie  M.  Adams  Field"  marked  by  an
asphalt pavement corner;
  2) South 64 deg. 12 min. 51 sec. East 62.23 feet to an iron rod set in
the northeast corner of the said asphalt pavement;
  3)  South  63  deg. 26 min. 31 sec. East 109.19 feet to a point in the
west line of Angelini Way (a non-dedicated Road  of  the  Town  of  East
Greenbush);
  4)  South 00 deg.  26 min. 57 sec. West 50.09 feet along the said west
line of Angelini Way to a point;
  5) along the arc of a curve to the right with a radius of 581.49 feet,
a central angle of 25 deg. 56 min. 22 sec. for an arc distance of 263.26

S. 4045                             3                            A. 6332

feet and a chord bearing of South 13 deg. 45 min. 40  sec.  West  261.01
feet to a point;
  6)  North  69  deg. 52 min. 48 sec. West 398.81 feet to a point in the
east line of the above mentioned lands N/F of George  C.  &  Barbara  M.
Sager;  thence along the division line of the lands of Sager on the west
and the parcel herein described on the east, North 26 deg.  17  min.  43
sec. East 346.71 feet to the point of beginning.
  Containing in all 2.76 acres of land be the same, more or less.
  Also  leasing  (non-exclusively)  a  parking lot & roadway bounded and
described as follows:
  Beginning at the northwest corner of  the  above  described  premises;
thence  along  the  division  line  of the said lands n/f of George C. &
Barbara M. Sager (Book 1644, page 133-Tax Map No. 167-4-6.1) on the west
and the parcel herein described on the east, North 26 deg.  17  min.  43
sec.  East  125.57 feet to a point; thence through the lands of The Town
of East Greenbush the following four (4) courses and distances:
  1) South 63 deg. 03 min. 37 sec. East 259.22 feet to a  point  in  the
west line of Angelini Way (a 60 ft. wide town right-of-way);
  2)  North 01 deg. 32 min. 44 sec. East 115.88 feet along the said west
line to a point;
  3) thence along the arc of a curve to  the  right  with  a  radius  of
408.45  feet,  a central angle of 18 deg. 17 min. 06 sec., an arc length
of 130.35 feet and a chord bearing of North 12  deg.  50  min.  42  sec.
East 129.80 feet to a point;
  4)  North  28  deg.  15 min. 21 sec. East 51.74 feet to a point in the
southwesterly right-of-way line at  the  Luther-Couse  Road  (NYS  Route
151);  said  point  being  South 60 deg. 31 min. 19 sec. East 48.19 feet
from a capped iron rod found in the northeast corner of the lands n/f of
Robert H. & Cathyanne Kielb (Book 1374, page 787); thence along the said
southwesterly right-of-way line South 60 deg. 31 min. 19 sec. East 60.01
feet to a point; thence along the right-of-way line of Angelini Way  the
following six (6) courses and distances:
  1) South 28 deg. 15 min.  21 sec. West 48.54 feet to a point;
  2)  along the arc of a curve to the left with a radius of 356.80 feet,
a central angle of 17 deg. 06 min. 57 sec., an arc length of 106.59 feet
and a chord bearing of South 12 deg. 20 min. 34 sec. West 106.19 feet to
a point;
  3) South 01 deg. 03 min. 40 sec. West 257.70 feet to a point;
  4) South 89 deg. 09 min. 14 sec. East 3.61 feet to a point;
  5) South 01 deg. 17 min. 57 sec. West 44.38 feet to a point;
  6) North 89 deg. 33 min. 01 sec. West 64.61 feet to  a  point;  thence
along  the  above  described  lands  to be leased to "The East Greenbush
Miracle League" the following four (4) courses and distances:
  1) North 00 deg. 26 min. 57 sec. East 50.09 feet to a point;
  2) North 63 deg. 26 min. 31 sec. West 109.19 feet to an iron rod set;
  3) North 64 deg. 12 min. 51 sec. West 62.23 feet to a dock spike set;
  4) North 62 deg. 08 min. 41 sec. West 146.65  feet  to  the  point  of
beginning.
  Containing in all 1.50 acres of land be the same, more or less.
  S 4. Should the interests described in section three of this act cease
to  be operated as a public sports facility, such interests shall revert
to the town of East Greenbush, county of Rensselaer, for public park and
recreational purposes.
  S 5. If the parkland that is the subject  of  this  act  has  received
funding  pursuant  to  the federal land and water conservation fund, the
discontinuance of parkland authorized by  the  provisions  of  this  act

S. 4045                             4                            A. 6332

shall  not  occur  until  the municipality has complied with the federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the discontinuance will include
all  conditions  which  the secretary of the interior deems necessary to
assure the substitution of other  lands  shall  be  equivalent  in  fair
market  value  and recreational usefulness to the lands being discontin-
ued.
  S 6. This act shall take effect immediately.

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