NY State Assembly Bill 2009-A4703

Assembly Bill A4703

Signed By Governor

2009-2010 Legislative Session

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 16, 2009	signed chap.430
Sep 04, 2009	delivered to governor
Jul 15, 2009	returned to assembly passed senate home rule request 3rd reading cal.107 substituted for s1757a
Jun 22, 2009	referred to rules delivered to senate passed assembly home rule request ordered to third reading rules cal.586 rules report cal.586 reported reported referred to rules reported referred to ways and means
Jun 09, 2009	print number 4703a
Jun 09, 2009	amend and recommit to local governments
Feb 05, 2009	referred to local governments

Votes

- Jul 15, 2009 - Floor Vote
  A4703
  
  58
  
  Aye
  
  0
  
  Nay
  
  2
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 15, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      absent (2)
      
      Huntley
      
      Kruger
      
      excused (2)
      
      Johnson
      
      Squadron

Bill Amendments

Original

A (Active)

2009-A4703 - Details

2009-A4703 - Summary

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands.

2009-A4703 - Bill Text download pdf

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

    S. 1757                                                  A. 4703

                       2009-2010 Regular Sessions

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

                            February 5, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  MCDONALD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government

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

AN ACT authorizing the county of Saratoga to discontinue for  reforesta-
  tion purposes the use of certain lands and to convey such lands

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

  Section 1. Notwithstanding section  219  of  the  county  law  to  the
contrary,  the  county  of  Saratoga, acting through its county board of
supervisors, is hereby  authorized  to  discontinue  the  use  of  lands
described in section two of this act acquired for reforestation purposes
and to enter into a contract to convey its interest in the real property
as  described  in  section  two  of  this  act, to the town of Moreau to
construct a court and public safety facility and  a  future  town  hall.
The  authorization provided in this section shall be effective only upon
the reacquisition by the county of Saratoga of the parcel  as  described
in  section three of this act, which is currently vacant property by the
public for recreational or reforestation purposes.
  S 2. The real property authorized to be  conveyed  by  the  county  of
Saratoga  pursuant  to  section  one  of  this  act shall be bounded and
described as follows:
  ALL THAT TRACT OR PARCEL OF  LAND  situate  north  of  NYS  Rte.  197,
Reynolds  Road,  Town  of Moreau, Saratoga County, State of New York and
being more particularly bounded and described as follows:
  Beginning at a point at the southeast corner of the  herein  described
parcel and also being the northeast corner of other lands of the Town of
Moreau  (formerly  Jehovah's Witnesses Lands) and also being on the west
boundary of the White Birch MHC, LLC (L. 1562 P. 189), thence

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06134-01-9

S. 1757                             2                            A. 4703

S 89-26'-14"W   200.94   along other lands of the Town of Moreau to
                         a point at the northeast corner of lands of
                         Magdalena Malave (L. 1327 P. 636), thence
S 89-27'-09"W   104.25   along Malave to a point at the northeast corner
                         of lands of South Glens Falls Fire Company, Inc.,
                         thence
S 89-26'-33"W   432.42'  along South Glens Falls Fire Company, Inc.
                         to a point at the northeast corner of lands
                         of Peter Phair (L. 1512 P. 459), thence the
                         following two courses thru lands of Saratoga
                         County
N 00-41'-11"W   500.02'  to a point, thence
N 89-26'-36"E   785.19'  to a point on the west boundary of White
                         Birch MHC, LLC, thence
S 00-41'-11"E   500.00'  along White Birch MHC, LLC to the point and
                         place of beginning

Subject to easements and rights-of-way of record. Said parcel containing
9.013 plus or minus acres.
  S  3.   The authorization provided in section one of this act shall be
effective only upon the condition that on or before the  alienation  and
conveyance  of lands described in section two of this act, the county of
Saratoga shall acquire and  dedicate  real  property  for  reforestation
purposes,  of  equal  or  greater  fair  market value to the lands being
alienated. In the event that the lands to be acquired by the  county  of
Saratoga  for  reforestation purposes pursuant to this act are not equal
to or greater than the fair market value of the lands to be alienated by
the county of Saratoga, the county shall dedicate the difference between
the fair market value of the lands to be alienated and the  fair  market
value  of  the  lands  to be acquired; for the acquisition of additional
lands for reforestation purposes. The additional  real  property  to  be
acquired  and  dedicated  for reforestation purposes, being more partic-
ularly bound and described as follows:
  ALL that tract or parcel of land situate south of Butler Road and west
of Redmond Road, Town of Moreau, Saratoga County, State of New York  and
being more particularly bounded and described as follows:
  Beginning  at  a point at the northwest corner of the herein described
parcel and being on the south boundary of Butler Road and also being the
northeast corner of lands of Saratoga County, thence from said point  of
beginning the following two courses along Butler Road;

S 87-19'-38"E   418.97'  to a point, thence
S 84-18'-39"E   41.66'   to a point on the west boundary of Redmond Road,
                         thence the following three courses along the west
                         boundary of Redmond Road
S 39-22'-10"E   80.00'   to a point, thence
S 09-22'-47"E   373.46'  to a point, thence
S 09-32'-35"E   371.69'  to a point at the northeast corner of lands of
                         Saratoga County, thence the following two
                         courses along lands of Saratoga County
N 86-48'-58"W   500.61'  to a point, thence
N 09-32'-58"W   803.86'  to the point and place of beginning

Subject to easements and rights-of-way of record. Said parcel
containing 9.013 plus or minus acres.
  S 4. This act shall take effect immediately.

2009-A4703A (ACTIVE) - Details

2009-A4703A (ACTIVE) - Summary

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands.

2009-A4703A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A4703A

TITLE OF BILL:
An   act  authorizing  the  county  of  Saratoga  to  discontinue  for
reforestation purposes the use of certain lands  and  to  convey  such
lands

SUMMARY OF PROVISIONS:
Section 1 of the bill authorizes the County of Saratoga to discontinue
the  use  of  not  greater  that 9.013 acres of land for reforestation
purposes that is identified in section 2 and to convey the same to the
Town of Moreau in exchange for a new parcel identified  in  section  3
that shall be dedicated for reforestation purposes.

Section 2 provides a legal description of the property to be conveyed.

Section  3 provides a legal description of the property to be acquired
by the County in exchange that shall be  dedicated  for  reforestation
purposes.

Section 4 provides the bill shall be effective immediately.

JUSTIFICATION:
The  County  of  Saratoga  is  willing to assist the Town of Moreau in
regard to a proposed new court and public safety facility by conveying
a 9.013 acre parcel to the Town.

However, the parcel in question has been dedicated  for  reforestation
purposes and by virtue of Section 219 of the County Law, an act of the
State Legislature is necessary in order to transfer the land.

The  County  as  part  of  the  agreement  will  replace  the  loss of
reforestation land by obtaining from the Town another parcel of  equal
or  greater  fair  market value to the lands being alienated which the
County will dedicate for reforestation purposes.

The new parcel is adjacent  to  existing  reforestation  land  already
owned by the County, and is more suitable for reforestation purposes.

The  land  to  be  conveyed  due to its location is ideally suited for
locating this public safety facility and is in the  best  interest  of
both municipalities.

LEGISLATIVE HISTORY:
06/24/08 S.8259-A Rules
06/17/08 A.11164-A Local Governments

FISCAL IMPLICATIONS:
None to the State or to the County of Saratoga.

EFFECTIVE DATE:
Immediately.

2009-A4703A (ACTIVE) - Bill Text download pdf

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

                                 4703--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. SAYWARD -- read once and referred to the Commit-
  tee on  Local  Governments  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT authorizing the county of Saratoga to discontinue for reforesta-
  tion purposes the use of certain lands and to convey such lands

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

  Section  1.  Notwithstanding  section  219  of  the  county law to the
contrary, the county of Saratoga, acting through  its  county  board  of
supervisors,  is  hereby  authorized  to  discontinue  the  use of lands
described in section two of this act acquired for reforestation purposes
and to enter into a contract to convey its interest in the real property
as described in section two of this  act,  to  the  town  of  Moreau  to
construct  a  court  and  public safety facility and a future town hall.
The authorization provided in this section shall be effective only  upon
the  acquisition by the county of Saratoga of the parcel as described in
section three of this act, which is currently vacant property  not  used
by the public for recreational or reforestation purposes.
  S  2.  The  real  property  authorized to be conveyed by the county of
Saratoga pursuant to section one  of  this  act  shall  be  bounded  and
described as follows:
  ALL  THAT  TRACT  OR  PARCEL  OF  LAND  situate north of NYS Rte. 197,
Reynolds Road, Town of Moreau, Saratoga County, State of  New  York  and
being more particularly bounded and described as follows:
  Beginning  at  a point at the southeast corner of the herein described
parcel and also being the northeast corner of other lands of the Town of
Moreau (formerly Jehovah's Witnesses Lands) and also being on  the  west
boundary of the White Birch MHC, LLC (L. 1562 P. 189), thence

S 89-26'-14"W   200.94   along other lands of the Town of Moreau to
                         a point at the northeast corner of lands of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06134-02-9

A. 4703--A                          2

                         Magdalena Malave (L. 1327 P. 636), thence
S 89-27'-09"W   104.25   along Malave to a point at the northeast corner
                         of lands of South Glens Falls Fire Company, Inc.,
                         thence
S 89-26'-33"W   432.42'  along South Glens Falls Fire Company, Inc.
                         to a point at the northeast corner of lands
                         of Peter Phair (L. 1512 P. 459), thence the
                         following two courses thru lands of Saratoga
                         County
N 00-41'-11"W   500.02'  to a point, thence
N 89-26'-36"E   785.19'  to a point on the west boundary of White
                         Birch MHC, LLC, thence
S 00-41'-11"E   500.00'  along White Birch MHC, LLC to the point and
                         place of beginning

Subject to easements and rights-of-way of record. Said parcel containing
9.013 plus or minus acres.
  S  3.   The authorization provided in section one of this act shall be
effective only upon the condition that on or before the  alienation  and
conveyance  of lands described in section two of this act, the county of
Saratoga shall acquire and  dedicate  real  property  for  reforestation
purposes,  of  equal  or  greater  fair  market value to the lands being
alienated. In the event that the lands to be acquired by the  county  of
Saratoga  for  reforestation purposes pursuant to this act are not equal
to or greater than the fair market value of the lands to be alienated by
the county of Saratoga, the county shall dedicate the difference between
the fair market value of the lands to be alienated and the  fair  market
value  of  the  lands  to be acquired; for the acquisition of additional
lands for reforestation purposes. The additional  real  property  to  be
acquired  and  dedicated  for reforestation purposes, being more partic-
ularly bound and described as follows:
  ALL that tract or parcel of land situate south of Butler Road and west
of Redmond Road, Town of Moreau, Saratoga County, State of New York  and
being more particularly bounded and described as follows:
  Beginning  at  a point at the northwest corner of the herein described
parcel and being on the south boundary of Butler Road and also being the
northeast corner of lands of Saratoga County, thence from said point  of
beginning the following two courses along Butler Road;

S 87-19'-38"E   418.97'  to a point, thence
S 84-18'-39"E   41.66'   to a point on the west boundary of Redmond Road,
                         thence the following three courses along the west
                         boundary of Redmond Road
S 39-22'-10"E   80.00'   to a point, thence
S 09-22'-47"E   373.46'  to a point, thence
S 09-32'-35"E   371.69'  to a point at the northeast corner of lands of
                         Saratoga County, thence the following two
                         courses along lands of Saratoga County
N 86-48'-58"W   500.61'  to a point, thence
N 09-32'-58"W   803.86'  to the point and place of beginning

Subject to easements and rights-of-way of record. Said parcel
containing 9.013 plus or minus acres.
  S 4. This act shall take effect immediately.

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