senate Bill S7733A

Signed by Governor

Authorizes the village of Wappingers Falls to alienate and convey parkland and acquire other parcels of land to replace such parkland

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Sponsor

Bill Status


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

  • 03 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 10 / Jun / 2014
    • PRINT NUMBER 7733A
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1359
  • 17 / Jun / 2014
    • HOME RULE REQUEST
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A9896A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.569
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 22 / Jul / 2014
    • SIGNED CHAP.181

Summary

Authorizes the village of Wappinger Falls to alienate and convey parkland and acquire other parcels of land to replace such parkland.

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Bill Details

See Assembly Version of this Bill:
A9896A
Versions:
S7733
S7733A
Legislative Cycle:
2013-2014
Law Section:
Real Property

Sponsor Memo

BILL NUMBER:S7733A

TITLE OF BILL: An act authorizing and validating the alienation of
certain parkland in the village of Wappingers Falls in the county of
Dutchess

PURPOSE OR GENERAL IDEA OF BILL: To validate and authorize the
alienation and substitution of certain parkland in the village of
Wappingers Falls in the county of Dutchess.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 validates and authorizes the alienation of the village-owned
parklands described in section four of this act.

Section 2 authorizes the village of Wappingers Falls to alienate the
village-owned parkland delineated as Parcel No. 1 in section four of
this act.

Section 3 makes the alienation of Parcel No. 1 authorized in section
two subject to the village of Wappingers Falls dedicating the lands
delineated as Parcels No. 2 and 3 in section five as parklands.

Section 4 describes the lands to be discontinued as parklands. Section
5 describes the lands to be dedicated as parklands. Section 6 provides
the immediate effective date.

JUSTIFICATION: The enactment of this legislation will authorize and
validate the village of Wappingers Falls' alienation of a portion of
James J. Temple Memorial Park and will add two parcels of parkland as
replacement parkland of greater acreage and recreational value. One of
the parcels proposed for new parkland contains a highway garage which
can be repurposed for more suitable parkland with access to the Hudson
River Estuary in accordance with the village's comprehensive plan,
which calls for the garage's repurposing with this stated goal. The
village has also received a donation of private land to form a
proposed addition to the Greenway Trail through Wappingers Falls.

This legislation has been requested by the village of Wappingers
Falls.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 7733--A

                            I N  S E N A T E

                              June 3, 2014
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT authorizing and validating the alienation of certain parkland  in
  the village of Wappingers Falls in the county of Dutchess

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

  Section 1. Notwithstanding any other provisions of law to the  contra-
ry, but subject to this act, the alienation of the parkland described in
sections  four  and five of this act is hereby authorized and validated,
notwithstanding the absence of prior legislative approval.
  S 2. Subject to the provisions of this act, the village of  Wappingers
Falls,  Dutchess  County,  acting  by  and through its village board, is
authorized to discontinue and alienate as parkland the  lands  described
in section four of this act for such purposes as are consistent with the
village's  comprehensive  plan, which may be modified in accordance with
the requirements of such plan.
  S 3. The authorizations provided in section two of this act  shall  be
effective  only upon the condition that the village of Wappingers Falls,
Dutchess County, dedicate lands of equal or greater  fair  market  value
described in section five of this act as additional parklands.
  S  4.  The  lands  to  be  discontinued  as parkland and alienated and
conveyed pursuant to section two of this act are bounded  and  described
as follows:
  ALL that tract or parcel of land situated in the village of Wappingers
Falls, county of Dutchess, state of New York being bounded and described
as follows:
  Beginning  at a point, said point being at the northwesterly corner of
lands now or formerly Pettit, Liber 1274, Page 72, said point of  begin-
ning  also  being  on the easterly line of Market Street; running thence
along the easterly line of said  Market  Street,  North  01°09'29"  East
45.00  feet;  thence  running  though lands of the village of Wappingers
Falls the  following  course  and  distances:  South  88°35'40"  East  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15389-07-4

S. 7733--A                          2

distance  of  97.19 feet, North 88°05'35" East a distance of 95.07 feet,
South 89°32'57" East a distance of 122.10 feet, South 00°27'03"  West  a
distance  of  187.33 feet, and North 89°26'08" West a distance of 231.89
feet  to  a  point  being  on the westerly line of lands now or formerly
Tompkins, Document No.  02-2012-5588; thence running along the  easterly
line  of said Tompkins and the easterly line of the aforementioned lands
of Pettit, North 06°16'04" East a distance of 138.68  feet  to  a  point
being at the northeasterly corner of said Pettit, North 88°35'46" West a
distance of 97.00 feet to the point of beginning containing 1.054± acres
of lands.
  S  5. The village of Wappingers Falls, Dutchess County, acting through
its village board, shall dedicate replacement lands for use as  parkland
for public park purposes, with such replacement lands, being of equal or
greater fair market value, as follows:
  Parcel 1
  Beginning at a point, said point being distant: North 01°09'29" East a
distance  of  184.41  feet  and North 83°31'31" West a distance of 40.17
feet from the northwesterly corner of  lands  now  or  formerly  Pettit,
Liber  1274, Page 72, said point of beginning being on the westerly line
of Market Street; thence running along the westerly line of said  Market
Street  the  following  courses  and  distances:  South 01°09'29" West a
distance of 186.99 feet, South 04°24'54" West a distance of 63.81  feet,
South  13°09'11"  West  a distance of 24.20 feet, South 21°00'47" West a
distance of 35.25 feet, South 21°00'47" West a distance of 116.98  feet,
South  27°35'14"  West  a distance of 73.16 feet, South 33°57'24" West a
distance of 39.58 feet, South 40°13'50" West a distance of  67.20  feet,
South  43°27'10" West a distance of 86.90 feet, and South 46°41'07" West
a distance of 95.89 feet to the easterly edge of  the  Wappinger  Creek;
thence  running  northerly  along  said creek edge and by tie line North
14°04'30" East a distance of 716.84 feet; thence leaving  said  easterly
edge  of the Wappinger Creek and running South 89°25'37" East a distance
of 123.39 feet to the point of beginning containing 0.9± acres of land.
  Parcel 2
  Beginning at the northeast corner of the lands  of  Creekside  Springs
LLC  and  said  point being the northwesterly corner of the lands of the
Village of Wappinger Falls, thence in a southerly and westerly direction
along th lands of the Village of Wappinger Falls the  following  courses
and  distances,  SOUTH 07-38-57 WEST 32.33 feet to a point, thence SOUTH
15-13-27 WEST 524.63 feet to a point, thence SOUTH 73-41-57 WEST  283.00
feet to a point along the easterly line of Franklindale Avenue (undevel-
oped), thence in a northerly direction along the easterly line of Frank-
lindale  Avenue, NORTH 10-46-03 EAST 102.50 feet to a point, thence in a
easterly and northerly direction over and through the lands of Creekside
Springs LLC the following courses and distances, thence  NORTH  79-13-57
EAST  35.00 feet to a point, thence SOUTH 10-46-03 EAST 63.95 feet to  a
point, thence NORTH 73-41-57 EAST 139.03 feet to a point,  thence  NORTH
27-58-58  EAST 331.26 feet to a point, thence NORTH 15-13-27 EAST 256.98
feet to a point along the northerly  line  of  the  lands  of  Creekside
Springs,  thence  in  a  easterly  direction along the northerly line of
Creekside Springs, SOUTH 78-18-49 EAST 30.80 feet to the point of begin-
ning. Containing 0.94 acres of land, more or less
  S 6. The conveyances authorized by the provisions of  this  act  shall
not  occur  until  the village of Wappingers Falls, Dutchess County, has
complied with any federal requirements pertaining to the  alienation  or
conversion of parklands, including satisfying the secretary of the inte-
rior  with  all  conditions  which  the  secretary of the interior deems

S. 7733--A                          3

necessary to assure that the substitution of other lands  be  equivalent
in  fair  market  value  and  recreational usefulness to the lands being
alienated or converted.
  S 7. This act shall take effect immediately.

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