NY State Senate Bill 2009-S5735

Senate Bill S5735

Signed By Governor

2009-2010 Legislative Session

An act to authorize the town of Austerlitz, Columbia county to discontinue the use of certain lands as parklands

download bill text pdf

Archive: Last Bill Status Via A8661 - 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.467
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate home rule request 3rd reading cal.823 substituted for s5735
Jul 16, 2009	substituted by a8661
Jul 15, 2009	ordered to third reading cal.823 committee discharged and committed to rules
Jun 02, 2009	referred to local government

Votes

- Jul 16, 2009 - Floor Vote
  A8661
  
  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
  Jul 15, 2009 - Rules Committee Vote
  S5735
  
  22
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Parker
      
      excused (1)
      
      Johnson

2009-S5735 (ACTIVE) - Details

See Assembly Version of this Bill:: A8661
Law Section:: Columbia County

2009-S5735 (ACTIVE) - Summary

Authorizes the town of Austerlitz, Columbia county to discontinue the use of certain lands as parklands.

2009-S5735 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5735

 TITLE OF BILL :
An act to authorize the town of Austerlitz, in the county of Columbia,
to discontinue the use of certain lands as parklands

 PURPOSE :
To allow the town of Austerlitz to alienate and dedicate parkland to
permit the construction of a new firehouse for the Austerlitz
Volunteer Fire Company.

 SUMMARY OF PROVISIONS :
Section 1 authorizes the town of Austerlitz, through its town board,
to discontinue designated parkland and in exchange dedicate other
lands as parkland.

Section 2 authorizes the discontinuation of certain parkland only upon
the condition of the town dedicating additional parkland of equal or
greater value.

Section 3 describes the lands authorized to be discontinued as
parkland.

Section 4 describes the replacement lands to be dedicated by the town
of Austerlitz.

Section 5 requires the town of Austerlitz to dedicate the difference
of the fair market value of the lands alienated if the lands dedicated
are not equal or greater in value than the parkland discontinued.

Section 6 authorizes the discontinuation and conveyance of parkland
only when the town of Austerlitz has complied with federal
requirements.

Section 7 sets an immediate effective date.

 JUSTIFICATION :
In 1979, the town of Austerlitz purchased approximately 4.39 acres of
vacant land to be used for park and recreational purposes. That parcel
surrounds on three sides, a 0.63 acre parcel owned by the Austerlitz
Fire District No.1. The firehouse on this parcel is seriously
deteriorated and is insufficient to adequately serve the Volunteer
Fire Company. In order to replace the current firehouse with a modem,
sufficiently sized firehouse, more acreage is necessary for the
building.

To help alleviate the problem, the Town proposed a land swap with the
Fire District. The Town proposes transferring a 1.88 acre parcel to
the Fire District and in exchange receive a 3.00 acre parcel from 49
East Houston Street Corporation, to provide a continuous 5.48 parcel
to be used for park and recreation purposes.

Surveys and appraisals have been completed on the affected parcels.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
Immediately.

2009-S5735 (ACTIVE) - Bill Text download pdf

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

                                  5735

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 2, 2009
                               ___________

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

AN ACT to authorize the town of Austerlitz, in the county  of  Columbia,
  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, the town of  Auster-
litz,  in  the county of Columbia, acting by and through its town board,
is hereby authorized to discontinue as parklands and alienate, sell  and
convey  the lands described in section three of this act for the purpose
of constructing a firehouse, and in exchange therefor, dedicate as park-
lands the lands described in section four of this act, such land  to  be
used for park purposes.
  S 2. The authorization contained in section one of this act shall take
effect  only  upon  the  condition  that the town of Austerlitz dedicate
additional parklands as described in section four 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:
  Beginning at an iron pipe recovered on the westerly side of  New  York
State  Route 22, said iron pipe recovered is the northeasterly corner of
lands now or formerly of Austerlitz Lutheran Church and  is  the  south-
easterly  corner  of  the  herein  described parcel, all as shown on the
below mentioned map; thence along lands now or  formerly  of  Austerlitz
Lutheran Church S89°25'00"W 200.00 feet to an iron rod recovered; thence
along lands of 49 East Houston Street Corporation (Parcel 4) S89°25'00"W
37.13  feet; thence along lands of The Town of Austerlitz (Parcel 3) and
along the center of a brook N03°53'06"E 44.43  feet,  N28°18'12"W  29.88
feet,  N27°51'12"E  44.20  feet,  N08°58'35"E 80.24 feet and N05°44'01"E
53.34 feet; thence along  lands  of  Fire  District  No.  1  (Parcel  1)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14112-01-9

S. 5735                             2

S80°51'00"E  138.32  feet  and N12°15'00"E 203.27 feet; thence along the
southerly side of West Hill Road S85°13'00"E 102.00 feet and S29°39'00"E
40.06 feet; thence along the westerly side of New York  State  Route  22
S13°46'00"W 384.00 feet, to the point of beginning.
  Containing 1.88 acres of land and shown as Parcel 2 on a map entitled:
"Proposed Lot Mergers Property of Fire District No. 1, The Town of Aust-
erlitz  & 49 East Houston Street Corporation, Town of Austerlitz, Colum-
bia County, N.Y.", made by Daniel J. Russell, L.S. No. 050639, dated May
18, 2009.
  S 4. The replacement lands to be dedicated by the town of  Austerlitz,
Columbia  county to use as parkland for public park purposes are located
in the town of Austerlitz, Columbia county  comprise  a  total  of  3.00
acres more or less and particularly described as follows:
  Beginning  at  an  iron  rod recovered, said iron rod recovered is the
northwesterly corner of lands of Austerlitz Lutheran Church and  is  the
northeasterly corner of the herein described parcel, all as shown on the
below  mentioned  map;  thence along lands of Austerlitz Lutheran Church
S10°51'48"W 225.68 feet, S02°58'27"W 150.00 feet to an iron  rod  recov-
ered,  S85°54'36"E  84.50  feet to an iron rod recovered and S02°06'42"E
125.69 feet to an iron rod recovered; thence along  other  lands  of  49
East  Houston  Street Corporation N85°54'36"W 319.67 feet to an iron rod
set and N00°31'30"W 477.39 feet to an iron rod recovered;  thence  along
lands  of  The  Town  of  Austerlitz (Parcel 3) N89°25'00"E 247.52 feet;
thence continuing along lands of  The  Town  of  Austerlitz  (Parcel  2)
N89°25'00"E 37.13 feet to the point of beginning.
  Containing 3.00 acres of land and shown as Parcel 4 on a map entitled:
"Proposed Lot Mergers Property of Fire District No. 1, The Town of Aust-
erlitz  & 49 East Houston Street Corporation, Town of Austerlitz, Colum-
bia County, N.Y.", made by Daniel J. Russell, L.S. No. 050639, dated May
18, 2009.
  S 5. In the event that the parklands to be dedicated by  the  town  of
Austerlitz  pursuant  to  this  act are not equal to or greater than the
fair market value of the parkland to be discontinued, the town of  Aust-
erlitz  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 additional parklands and/or for capital improvements to existing park
and recreational facilities.
  S  6.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the town of Austerlitz  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 7. This act shall take effect immediately.

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