senate Bill S4267

Signed by Governor Amended

Authorizes Schuyler county to convey an easement through land located in Seneca Harbor Park to enable access to lakefront development

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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

  • 25 / Mar / 2011
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 17 / May / 2011
    • 1ST REPORT CAL.674
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING 4267A
  • 07 / Jun / 2011
    • AMENDED ON THIRD READING (T) 4267B
  • 15 / Jun / 2011
    • HOME RULE REQUEST
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO LOCAL GOVERNMENTS
  • 20 / Jun / 2011
    • SUBSTITUTED FOR A6724B
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.473
  • 20 / Jun / 2011
    • HOME RULE REQUEST
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • SIGNED CHAP.563

Summary

Authorizes Schuyler county to convey an easement through land located in Seneca Harbor Park to enable access to lakefront development.

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Bill Details

See Assembly Version of this Bill:
A6724
Versions:
S4267
S4267A
S4267B
Legislative Cycle:
2011-2012
Law Section:
Parks
Versions Introduced in 2009-2010 Legislative Cycle:
S8134A, A11412A

Sponsor Memo

BILL NUMBER:S4267

TITLE OF BILL:
An act
to authorize the county of Schuyler to convey to Seneca
Harbor Place, LLC, an easement through land located in the county's
Seneca Harbor Park

PURPOSE:
Authorizes Schuyler County to convey to Seneca Harbor Place,
LLC, an easement through land located in Seneca Harbor Place to
enable access to lakefront development.

SUMMARY OF PROVISIONS:
Section 1 of the bill authorizes the County of
Schuyler through its county legislature to convey an easement located
in Seneca Harbor Park to Seneca Harbor Place, LLC for the purpose of
enabling access to lakefront development.

Section 2 of the bill provides that the authorization in Section 1
shall be effective only upon the condition that the county of
Schuyler dedicate an amount equal to or greater than the fair market
value of the easement interest being alienated pursuant to section
one to the acquisition of new parkland and/or capital improvements to
existing park and recreational facilities.

Section 3 of the bill describes the easement to be conveyed by
Schuyler County.

Section 4 of the bill provides that the conveyance of the easement
shall not occur until the county of Schuyler has complied with any
federal requirements pertaining to the alienation or conversion of
parklands.

Section 5 of the bill provides for an immediate effective date.

JUSTIFICATION:
A 2008 study identified a critical housing shortage in Schuyler County.
Allowing Schuyler County to grant a permanent easement at Seneca
Harbor Park would allow access to lakefront development of adjoining
property and creation of a major economic asset for the entire
county. The portion of the park in question is currently utilized as a
parking/driveway area and such use will not change as a result of
this action. The aforementioned development is contingent on Seneca
Harbor Place, L.L.C obtaining access to their property through
this portion of the park.

LEGISLATIVE HISTORY:
2010: S.8134A, A.11412A

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


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

    S. 4267                                                  A. 6724

                       2011-2012 Regular Sessions

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

                             March 25, 2011
                               ___________

IN  SENATE -- Introduced by Sen. O'MARA -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Cultural
  Affairs, Tourism, Parks and Recreation

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

AN ACT to authorize the county of Schuyler to convey  to  Seneca  Harbor
  Place,  LLC,  an  easement through land located in the county's Seneca
  Harbor Park

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

  Section  1.  The  county of Schuyler, acting by and through its county
legislature, is hereby authorized to convey by  appropriate  instruments
to  Seneca  Harbor Place, LLC, an easement located in Seneca Harbor Park
and described in section three of this act, for the purpose of  enabling
access to lakefront development by Seneca Harbor Place, LLC.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the county  of  Schuyler  acquire
and dedicate as parkland a parcel that has been identified that contains
approximately  2,000  square  feet of land and approximately 200 feet of
waterfront on Seneca Lake. In the event that the land to be dedicated is
less in fair market value to the  easement  being  granted,  the  county
shall dedicate the difference to either the acquisition of new parklands
and/or  capital  improvements  to existing park and recreational facili-
ties.
  S 3. The easement to be conveyed by the county of Schuyler pursuant to
section one of this act is described as follows:
  ALL THAT TRACT OR PARCEL OF LAND situate in  the  Village  of  Watkins
Glen, County of Schuyler and State of New York, bounded and described as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
SA                                                         LBD09718-01-1

S. 4267                             2                            A. 6724

  Beginning  at  a  point  at  the  southeasterly corner of lands now or
formerly owned by County of Schuyler (L. 266, P. 210), said  point  also
described as being the northeasterly corner of Porter Street;
  Thence  N87°02'02"W,  along the dividing line between Porter Street on
the south and the aforesaid lands of County of Schuyler on the north,  a
distance of 65.99 feet to a point;
  Thence;  N31°49'51"E,  through lands of County of Schuyler, a distance
of 140.32 feet to a point on the easterly boundary of lands of County of
Schuyler;
  Thence S03°46'57"W, along said easterly boundary of lands of County of
Schuyler, a distance of 122.90 feet to the point of beginning;  contain-
ing 0.093 acre or 4.054 square feet, more or less.
  S  4.  The  conveyance of the easement authorized by the provisions of
this act shall not occur until the county of Schuyler has complied  with
any  federal  requirements pertaining to the alienation or conversion of
parklands, including satisfying the secretary of the interior  that  the
alienation  or  conversion complies with all conditions which the secre-
tary of the interior deems necessary to assure that the substitution  of
other  lands be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 5. This act shall take effect immediately.

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