S T A T E   O F   N E W   Y O R K
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                                  4025

                       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.
  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.
                                                           LBD06381-01-9

              

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  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, said  parcel  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  property  shall  be  returned  to  its  previous  state,
consistent 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.