NY State Assembly Bill 2009-A8020

Assembly Bill A8020

Signed By Governor

2009-2010 Legislative Session

Authorizes the village of Nichols, in the county of Tioga, to discontinue the use of certain lands as parklands

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.449
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate home rule request 3rd reading cal.805 substituted for s5397a
Jun 22, 2009	referred to rules delivered to senate passed assembly home rule request ordered to third reading rules cal.653 rules report cal.653 reported reported referred to rules reported referred to ways and means
Jun 17, 2009	print number 8020a
Jun 17, 2009	amend and recommit to local governments
May 01, 2009	referred to local governments

Votes

- Jul 16, 2009 - Floor Vote
  A8020
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      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
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron

Bill Amendments

Original

A (Active)

2009-A8020 - Details

2009-A8020 - Summary

Authorizes the village of Nichols, in the county of Tioga, to discontinue the use of certain lands as parklands so that easements can be granted thereon for public water supply purposes.

2009-A8020 - Bill Text download pdf

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

                                  8020

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced by M. of A. O'MARA -- read once and referred to the Committee
  on Local Governments

AN  ACT  to authorize the village of Nichols, in the county of Tioga, to
  discontinue the use of certain lands as 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 and notwithstanding
any provision of law to the contrary, the village  of  Nichols,  in  the
county  of  Tioga, is hereby authorized, acting by and through its board
of trustees and upon such terms and conditions  as  determined  by  such
board,  to  discontinue  the  use of the municipally owned parkland more
particularly described in section three of this act which is  no  longer
needed  for park purposes, and to convey an easement upon said parklands
to United Water Owego-Nichols Inc.  for  public  water  supply  purposes
subject to the restrictions described in section four of this act.
  S 2. The authorization contained in section one of this act shall take
effect  only  upon  the  condition  that the village of Nichols dedicate
additional parklands as described in section five of this act  of  equal
or greater fair market value than the value of the property being alien-
ated by this act.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands are as follows:
                                PARCEL A
  BEGINNING at a point in River Street which is 11' northwesterly of the
intersection of the centerline of River Street with centerline  of  Cady
Street.
  THENCE N 18°56'22" E a distance of 20.00' to a point.
  THENCE S 69°54'20" E a distance of 528.37' to a point.
  THENCE N 20°15'02" E a distance of 4.56' to a point.
  THENCE S 69°54'20" E a distance of 16.00' to a point.
  THENCE S 20°15'02" W a distance of 4.52' to a point.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-03-9

A. 8020                             2

  THENCE S 69°54'20" E a distance of 249.32' to a point.
  THENCE N 18°20'40" E a distance of 345.80' to a point.
  THENCE N 70°03'03" W a distance of 122.01' to a point.
  THENCE  N  19°56'57"  E  a  distance  of  40.00'  to  a point, being N
32°50'21" W a distance of 25.82' from the center of the  0.55'  diameter
steel casing of the United Water production well.
  THENCE S 70°03'03" E a distance of 40.00' to a point.
  THENCE S 19°56'57" W a distance of 20.00' to a point.
  THENCE S 70°03'03" E a distance of 101.46' to a point.
  THENCE  S 18°20'40" W a distance of 385.87' to a point, being N 53°22'
W a distance of 33.3' from the center of the west end  of  the  concrete
deck of the bridge on River Street over the Wappanening Creek.
  THENCE N 69°54'20" W a distance of 813.90' to the POINT OF BEGINNING.
                                PARCEL B
  COMMENCING  at  a  point in River Street which is 11' northwesterly of
the intersection of the centerline of River Street  with  centerline  of
Cady Street.
  THENCE N 18°56'22" E a distance of 20.00' to a point.
  THENCE S 69°54'20" E a distance of 528.37' to a point.
  THENCE N 20°15'02" E a distance of 4.56' to a point.
  THENCE  S  69°54'20" E a distance of 2.11' to the TRUE POINT OF BEGIN-
NING.
  THENCE N 33°56'00" E a distance of 381.28' to a point.
  THENCE S 69°54'20" E a distance of 39.34' to a point.
  THENCE S 19°56'57" W a distance of 10.00' to a point.
  THENCE N 69°54'20" W a distance of 31.53' to a point.
  THENCE S 33°56'00" W a distance of 371.01' to a point.
  THENCE N 69°54'20" W a distance of 10.29' to the TRUE POINT OF  BEGIN-
NING.
  TOGETHER  with  a  20'  wide  temporary construction easement over the
above described parcel.
  S 4. The authorization contained in section one of this act shall take
effect only upon the condition that the village of Nichols shall include
in the terms of the easement conveyed to United Water Owego-Nichols Inc.
for public water supply, a restriction prohibiting the  construction  or
maintenance  of  any  building, structure or fixture upon the surface of
any of the lands described in section three of  this  act,  except  upon
that portion thereof described as follows:
  BEGINNING at a point in River Street which is 11' northwesterly of the
intersection  of  the centerline of River Street with centerline of Cady
Street.
  THENCE S 69°54'20" E, a distance of 813.90' to a point.
  THENCE N 18°20'40" E, a distance of 385.87' to a point.
  THENCE N 70°03'03" W, a distance of 101.46' to a point,  to  the  TRUE
POINT OF BEGINNING.
  THENCE S 19°56'57" W, a distance of 20.00' to a point.
  THENCE N 70°03'03" W, a distance of 40.00' to a point.
  THENCE N 19°56'57" E, a distance of 40.00' to a point.
  THENCE S 70°03'03" E, a distance of 40.00' to a point.
  THENCE S 19°56'57" W, a distance of 20.00' to the TRUE POINT OF BEGIN-
NING.
  Furthermore,  such easement by its terms shall provide for the forfei-
ture thereof to the village  of  Nichols  upon  any  violation  of  such
restriction.

A. 8020                             3

  S  5.  The property to be dedicated for park and recreational purposes
pursuant to section two of this act  are  more  particularly  bound  and
described as follows:
  ALL  THAT TRACT OR PARCEL OF LAND, situated in the Village of Nichols,
County of Tioga and State of New York, bounded and described as follows:
  COMMENCING at an iron pin set located in the northeast corner of lands
new or formerly of Tioga Opportunities  Program,  Inc.;  thence  running
along  the  easterly  boundary line of said Tioga Opportunities Program,
Inc., S 09° 20' 34" W, a distance of 121.00 feet, to  a  set  iron  pin;
thence, continuing along the same course, S 09° 20' 34" W, a distance of
approximately  90.00  feet,  more  or  less, to a point in the northerly
property line of lands now or formerly of Jasieionis  (Liber  266,  Page
81);  thence  running S 76° 03' 06" E, a distance of 48.22 feet, more or
less, to a point, said point being the northeast corner of lands now  or
formerly  of  the  said  Jasieionis;  thence  running N 80° 55' 21" E, a
distance of 197.6 feet to a point; thence  running  in  a  northeasterly
direction, a distance of 155.04 feet, to a point located in the souther-
ly  boundary  line  of  lands now or formerly of the Village of Nichols;
thence running N 76° 35' 53" W, a distance of 346.98 feet, more or less,
to the point and place of beginning.
  SUBJECT to a permanent easement held by the State of New  York,  rela-
tive  to a Flood Control Project (Map No. 61, Parcel No. 77, Book 288 at
Page 235), beginning at a point in the south  bounds  of  lands  now  or
formerly of the Village of Nichols, recorded in the Tioga County Clerk's
Office,  said point being located S 76° 35' 53" E, a distance of 57 feet
from an iron pin at the  southeast  corner  of  said  Village  property;
thence  S 76° 35' 53" E, a distance of 18.00 feet, to an iron set in the
south line of said Village of Nichols; thence, through the property  now
or  formerly  of Ronsvalle, recorded in Book 432 of Deeds at Page 123 in
the Tioga County Clerk's Office, S 09° 20' 34" E, a distance  of  121.00
feet,  to  an  iron set; thence, continuing through the property of said
Ronsvalle, N 77° 01' 15" W, a distance of 18.08 feet, to a point; thence
N 09° 21' 15" E, a distance of 120.26 feet, to the  point  or  place  of
beginning; containing 0.05 acre of land, more or less.
  BEING  and  intended to be a portion of the lands conveyed to Patricia
H. Ronsvalle by warranty deed of Irving H. and Katherine H. Hall,  which
deed  was  dated December 24, 1986 and recorded December 29, 1986 in the
Tioga County Clerk's Office in Book 432 of Deeds at Page 123.  The  said
Irving H. Hall died January 1, 1990, thereby terminating the life inter-
est he held in the above described premises.
  S 6. In the event that the parklands to be dedicated by the village of
Nichols  pursuant  to this act are not equal to or greater than the fair
market value of the parkland to be discontinued, the village of  Nichols
shall  dedicate  the difference of the fair market value of the lands to
be alienated and the lands to be dedicated for the acquisition of  addi-
tional  parklands  and/or  for capital improvements to existing park and
recreational facilities.
  S 7. The discontinuance and conveyance of parkland authorized  by  the
provisions  of this act shall not occur until the village of Nichols has
complied with any federal requirements pertaining to the  alienation  or
conversion  of parklands, including satisfying the secretary of interior
that the alienation or conversion complies with all conditions which the
secretary of interior deems necessary  to  assure  the  substitution  of
other  lands shall be equivalent in fair market and recreational useful-
ness to the lands being alienated or converted.
  S 8. This act shall take effect immediately.

2009-A8020A (ACTIVE) - Details

2009-A8020A (ACTIVE) - Summary

Authorizes the village of Nichols, in the county of Tioga, to discontinue the use of certain lands as parklands so that easements can be granted thereon for public water supply purposes.

2009-A8020A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8020A

TITLE OF BILL:
An act to authorize the village of Nichols, in the county of Tioga, to
discontinue the use of certain lands as parklands

PURPOSE OR GENERAL IDEA OF BILL:
This legislation is proposed in order to allow the Village of Nichols,
Tioga County, to discontinue as parkland a specific parcel of land
(plus/minus 0.7 acres) located within the Village, as described in the
bill.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the Village of Nichols to convey park land for the
purpose of drilling a well.

Sections 2 and 3 requires park land of equal or greater value to be
added in exchange for the alienation.

Section 4 and 5 details the land to be alienated.

Section 6 details the land to be dedicated to park land purposes.

Sections 7 and 8 void the transaction if the new parkland is not of
equal or greater value and requires the transaction to meet Federal
requirements.

Section 9 is the effective date.

JUSTIFICATION:
The Village of Nichols is under an obligation to maintain the integrity
of their municipal water supply. The private community water provider in
the Village of Nichols lost its production well located on Johnson
Street in the Village of Nichols in June of 1994 due to ground water
contamination (nitrates). Since that time, the water supply has come
solely from a second well located on River Road in the Village. Many
precautions have been taken to ensure the reliability of this well;
however a second source of supply is necessary to ensure the reliability
of the system. In addition, NYS DEC requires municipal/community water
systems to have redundant drinking water sources.

After reviewing other possibilities and consulting with United Water,
the water provider, who tested many other sites in and around the
village with unsuccessful results at each site except for Kirby Park,
the Village Board has identified a piece of village-owned parkland
(approximately 0.7 acres) which they feel is best suited for a new well.
The Village Board has passed and presented a resolution to its state
legislators requesting authority to alienate this parkland. The bill
would require the Village to dedicate new land of equal or greater value
than the property to be alienated as parkland. The Village has identi-
fied this land, approximately 1.16 acres, and it is described in the
bill.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
Immediately.

2009-A8020A (ACTIVE) - Bill Text download pdf

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

                                 8020--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced by M. of A. O'MARA -- read once and referred to the Committee
  on  Local  Governments  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to authorize the village of Nichols, in the county of  Tioga,  to
  discontinue the use of certain lands as parklands

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

  Section 1. The village of Nichols, in the county of Tioga,  is  hereby
authorized,  acting  by  and through its board of trustees and upon such
terms and conditions as determined by such board, to convey an  easement
upon  the  municipally owned parklands described in section four of this
act to United Water Owego-Nichols Inc. for public water supply purposes.
Upon completion of construction, the village of  Nichols  shall  restore
the  surface  of  the  lands  to the condition that existed prior to the
granting of the easement and the lands shall continue  to  be  used  for
park purposes.
  S 2. The village of Nichols, in the county of Tioga, is hereby author-
ized,  acting  by  and through its board of trustees and upon such terms
and conditions as determined by such board, to discontinue  the  use  of
municipally  owned  parkland more particularly described in section five
of this act which is no longer needed for park purposes.
  S 3. The authorizations contained in sections one and two of this  act
shall  take  effect  only upon the condition that the village of Nichols
acquire additional parklands as described in section six of this act  of
equal  or greater fair market value than the value of the property being
alienated by this act.
  S 4. The easement to be conveyed by the village of Nichols  authorized
by section one of this act is described as follows:
                                PARCEL A
  BEGINNING at a point in River Street which is 11' northwesterly of the
intersection  of  the centerline of River Street with centerline of Cady
Street.
  THENCE N 18°56'22" E a distance of 20.00' to a point.
  THENCE S 69°54'20" E a distance of 528.37' to a point.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-05-9

A. 8020--A                          2

  THENCE N 20°15'02" E a distance of 4.56' to a point.
  THENCE S 69°54'20" E a distance of 16.00' to a point.
  THENCE S 20°15'02" W a distance of 4.52' to a point.
  THENCE S 69°54'20" E a distance of 249.32' to a point.
  THENCE N 18°20'40" E a distance of 345.80' to a point.
  THENCE N 70°03'03" W a distance of 82.01' to a point.
  THENCE N 19°56'57" E a distance of 20.00' to a point.
  THENCE S 70°03'03" E a distance of 101.46' to a point.
  THENCE  S 18°20'40" W a distance of 385.87' to a point, being N 53°22'
W a distance of 33.3' from the center of the west end  of  the  concrete
deck of the bridge on River Street over the Wappasening Creek.
  THENCE N 69°54'20" W a distance of 813.90' to the POINT OF BEGINNING.
  CONTAINING 0.581 acre (25,295 square feet)
                                PARCEL B
  COMMENCING  at  a  point in River Street which is 11' northwesterly of
the intersection of the centerline of River Street  with  centerline  of
Cady Street.
  THENCE N 18°56'22" E a distance of 20.00' to a point.
  THENCE S 69°54'20" E a distance of 528.37' to a point.
  THENCE N 20°15'02" E a distance of 4.56' to a point.
  THENCE  S  69°54'20" E a distance of 2.11' to the TRUE POINT OF BEGIN-
NING.
  THENCE N 33°56'00" E a distance of 381.28' to a point.
  THENCE S 69°54'20" E a distance of 39.34' to a point.
  THENCE S 19°56'57" W a distance of 10.00' to a point.
  THENCE N 69°54'20" W a distance of 31.53' to a point.
  THENCE S 33°56'00" W a distance of 371.01' to a point.
  THENCE N 69°54'20" W a distance of 10.29' to the TRUE POINT OF  BEGIN-
NING.
  CONTAINING 0.094 acre (4,116 square feet)
  TOGETHER  with  a  20'  wide  temporary construction easement over the
above described parcel.
  S 5. The lands authorized by section two of this act to be  discontin-
ued as parklands are described as follows:
  BEGINNING at a point in River Street which is 11' northwesterly of the
intersection  of  the centerline of River Street with centerline of Cady
Street.
  THENCE S 69°54'20" E, a distance of 813.90' to a point.
  THENCE N 18°20'40" E, a distance of 385.87' to a point.
  THENCE N 70°03'03" W, a distance of 101.46' to a point,  to  the  TRUE
POINT OF BEGINNING.
  THENCE S 19°56'57" W, a distance of 20.00' to a point.
  THENCE N 70°03'03" W, a distance of 40.00' to a point.
  THENCE N 19°56'57" E, a distance of 40.00' to a point.
  THENCE S 70°03'03" E, a distance of 40.00' to a point.
  THENCE S 19°56'57" W, a distance of 20.00' to the TRUE POINT OF BEGIN-
NING.
  CONTAINING 0.037 acre (1,600 square feet)
  Furthermore,  such easement by its terms shall provide for the forfei-
ture thereof to the village  of  Nichols  upon  any  violation  of  such
restriction.
  S  6.  The  property to be acquired for park and recreational purposes
pursuant to section two of this act  are  more  particularly  bound  and
described as follows:
  ALL  THAT TRACT OR PARCEL OF LAND, situated in the Village of Nichols,
County of Tioga and State of New York, bounded and described as follows:

A. 8020--A                          3

  COMMENCING at an iron pin set located in the northeast corner of lands
new or formerly of Tioga Opportunities  Program,  Inc.;  thence  running
along  the  easterly  boundary line of said Tioga Opportunities Program,
Inc., S 09° 20' 34" W, a distance of 121.00 feet, to  a  set  iron  pin;
thence, continuing along the same course, S 09° 20' 34" W, a distance of
approximately  90.00  feet,  more  or  less, to a point in the northerly
property line of lands now or formerly of Jasieionis  (Liber  266,  Page
81);  thence  running S 76° 03' 06" E, a distance of 48.22 feet, more or
less, to a point, said point being the northeast corner of lands now  or
formerly  of  the  said  Jasieionis;  thence  running N 80° 55' 21" E, a
distance of 197.6 feet to a point; thence  running  in  a  northeasterly
direction, a distance of 155.04 feet, to a point located in the souther-
ly  boundary  line  of  lands now or formerly of the Village of Nichols;
thence running N 76° 35' 53" W, a distance of 346.98 feet, more or less,
to the point and place of beginning.
  SUBJECT to a permanent easement held by the State of New  York,  rela-
tive  to a Flood Control Project (Map No. 61, Parcel No. 77, Book 288 at
Page 235), beginning at a point in the south  bounds  of  lands  now  or
formerly of the Village of Nichols, recorded in the Tioga County Clerk's
Office,  said point being located S 76° 35' 53" E, a distance of 57 feet
from an iron pin at the  southeast  corner  of  said  Village  property;
thence  S 76° 35' 53" E, a distance of 18.00 feet, to an iron set in the
south line of said Village of Nichols; thence, through the property  now
or  formerly  of Ronsvalle, recorded in Book 432 of Deeds at Page 123 in
the Tioga County Clerk's Office, S 09° 20' 34" E, a distance  of  121.00
feet,  to  an  iron set; thence, continuing through the property of said
Ronsvalle, N 77° 01' 15" W, a distance of 18.08 feet, to a point; thence
N 09° 21' 15" E, a distance of 120.26 feet, to the  point  or  place  of
beginning; containing 0.05 acre of land, more or less.
  BEING  and  intended to be a portion of the lands conveyed to Patricia
H. Ronsvalle by warranty deed of Irving H. and Katherine H. Hall,  which
deed  was  dated December 24, 1986 and recorded December 29, 1986 in the
Tioga County Clerk's Office in Book 432 of Deeds at Page 123.  The  said
Irving H. Hall died January 1, 1990, thereby terminating the life inter-
est he held in the above described premises.
  CONTAINING 1.16 acre
  S  7. In the event that the parklands to be acquired by the village of
Nichols pursuant to this act are not equal to or greater than  the  fair
market  value of the parkland to be discontinued, the village of Nichols
shall dedicate the difference of the fair market value of the  lands  to
be  alienated  and the lands to be acquired for the acquisition of addi-
tional parklands and/or for capital improvements to  existing  park  and
recreational facilities.
  S  8.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the village of Nichols  has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the secretary of  interior
that the alienation or conversion complies with all conditions which the
secretary  of  interior  deems  necessary  to assure the substitution of
other lands shall be equivalent in fair market and recreational  useful-
ness to the lands being alienated or converted.
  S 9. This act shall take effect immediately.

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