S T A T E   O F   N E W   Y O R K
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                                  4024

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to authorize the county of  Orange  to  discontinue  the  use  of
  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 county of Orange
is hereby authorized, acting by and through its county  legislature  and
upon  such  terms  and  conditions as determined by such legislature, to
discontinue the use of the parcels of park lands owned  by  such  county
more  particularly  described  in  section four of this act which are no
longer needed for park purposes, and  to  lease  such  parcels  at  fair
market  value to Cellular One for a term not to exceed thirty years from
the date of the unauthorized alienation.
  S 2. Notwithstanding the failure of the county of Orange  to  seek  or
receive  state  legislative  authorization  to alienate those park lands
described in section four of this act  prior  to  entering  into  a  two
license  agreement  for  the  construction of a cell tower and equipment
building, one dated October 15, 1996 between the county  of  Orange  and
Orange  County  Cellular Corp. and a license agreement dated May 4, 2000
between the county of Orange and Chill Cellular Corp. such licenses  are
hereby validated, legalized, ratified and confirmed.
  S  3.  The  authorization contained in section one of this act and the
validation contained in section two of this act shall take  effect  only
upon  the  condition  that the county of Orange dedicate additional park
lands that have never been dedicated or used  for  open  space  or  park
purposes  and  have  been  inaccessible  to  the  public as described in
section five of this act of equal or greater fair market value than  the
aggregate  value of the parcels being alienated, and of equal or greater
usefulness as park lands than the parcels being  alienated  pursuant  to
this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05785-02-9
              

A. 4024                             2

  S  4. The lands authorized by section one of this act to be discontin-
ued as park lands are as follows:
                                PARCEL A
  All  that  certain  piece  or parcel of land being in the state of New
York, County of Orange, Town of Hamptonburgh and being further described
as follows.
  Beginning at a point on the northerly side of a golf cart shed at  the
intersection  with  the  equipment  building  lying  within  the  herein
described lease and running thence along the outside (northerly face) of
the golf cart shed, also being the mating wall of the two structures, in
a southwesterly direction 28.5 feet plus or minus to an interior  corner
of  the  golf cart shed, thence in a northwesterly direction still along
the mating wall of the two structures 20.00' plus or minus to  a  point,
thence  in  a  northeasterly  direction perpendicular to the last course
39.5 feet plus or minus to a point, thence in a southeasterly  direction
perpendicular  to  the  last  course  40.00 feet to a point, thence in a
southwesterly direction perpendicular to the last course 11.00 feet plus
or minus to northeasterly face of the golf cart shed, thence  along  the
northeasterly  face  of  the golf cart shed in a northwesterly direction
20.00 feet to the place and point of beginning.
Containing .02 acres of land more or less
  S 5. The property to be dedicated for park and  recreational  purposes
pursuant  to  section  three of this act are more particularly bound and
described as follows:
  BEGINNING at a point  in  the  division  line  between  the  lands  of
J.E.A.H.    Realty  Co.  on the southeast and the lands of the County of
Orange, Cronomer Hill Park, on the northwest,  said  point  being  South
24°29'30" East 641.50 feet from the northeasterly corner of said Cronom-
er Hill Park; thence, from said point of beginning and through the lands
of  J.E.A.H.  Realty  Co.,  the  following  seven (7) courses, (1) South
65°30'30" East 30.00 feet, (2) South  24°29'30"  West  80.00  feet,  (3)
South  36°04'57" East 198.21 feet, (4) South 25°24'40" East 164.90 feet,
(5) South 26°02'40" East 127.30 feet, (6) South  21°27'11"  East  116.47
feet,  (7)  South  16°15'00" East 243.71 feet to a point on the division
line between lands now or formerly of Lip-Am 300, LLC on the  south  and
east,  and  the  lands  of  J.E.A.H.  Realty  Co. on the north and west;
thence, along the last said division line, South 82°06'00"  West  100.00
feet and South 5°06'00" East 369.88 feet to a point on the division line
between  the  lands  of the County of Orange, Cronomer Hill Park, on the
southwest and northwest, and the lands of J.E.A.H.  Realty  Co.  on  the
northeast  and southeast; thence, along the last said division line, the
following eight (8) courses, (1) North 61°03'17" West 606.10  feet,  (2)
North  63°19'00"  West 60.00 feet, (3) North 22°48'00" East 153.50 feet,
(4) N19°40'00" East 118.50 feet, (5) North 20°16'00" East  272.60  feet,
(6)  North  23°21'30"  East 271.45 feet, (7) North 22°23'00" East 108.20
feet and (8) North 24°29'30" East 60.00 feet to the point  or  place  of
beginning, said easement containing 10.14 acres of land more or less.
  S 6. In the event that the park lands to be dedicated by the county of
Orange  pursuant  to  this  act  are not of equal or greater fair market
value and usefulness as park lands than the park lands to be  discontin-
ued,  the  county of Orange shall dedicate the difference of fair market
value and/or usefulness of the lands to be alienated and the lands to be
dedicated for the acquisition of additional park  lands  and/or  capital
improvements to existing park and recreational facilities.
  S  7.  Should  the  leased lands described in section five of this act
cease to be used for the purposes described in section one of this  act,

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the  lease shall terminate and those lands shall revert to the county of
Orange for public park and recreational purposes. At the  time  of  such
reversion,  the removal of such cellular communications tower shall take
place and the property shall be returned to its previous state, consist-
ent with parks and recreational purposes.
  S  8.  The  discontinuance  and  lease of park lands authorized by the
provisions of this act shall not occur until the county  of  Orange  has
complied  with  any federal requirements pertaining to the alienation or
conversion of park lands, including  satisfying  the  secretary  of  the
interior  that the alienation or conversion complies with 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 alienated or converted.
  S 9. This act shall take effect immediately.