NY State Senate Bill 2009-S8278

Senate Bill S8278

2009-2010 Legislative Session

Authorizing the town of Orangetown, county of Rockland to discontinue the use of certain town lands as parkland and to grant a utility easement

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Archive: Last Bill Status - In Senate Committee Rules Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2010	print number 8278a
Jun 22, 2010	amend and recommit to rules
Jun 18, 2010	referred to rules

Bill Amendments

Original

A (Active)

2009-S8278 - Details

Current Committee:: Senate Rules
Law Section:: Rockland County
Versions Introduced in 2011-2012 Legislative Session:: S2404

2009-S8278 - Summary

Provides that the town of Orangetown, county of Rockland is hereby authorized to discontinue the use of certain town lands as parkland.

2009-S8278 - Sponsor Memo

                                BILL NUMBER:S8278

TITLE OF BILL:
An act to authorize the town of Orangetown, county of Rockland to
discontinue the use of certain town lands as parkland and to sell and
convey such lands

PURPOSE:
To authorize the Town of Orangetown to discontinue the use of certain
lands as parkland

SUMMARY OF PROVISIONS:
Section 1: Authorizes the town to discontinue the use of municipally
owned parkland and to sell and convey such lands which are no longer
needed for park purposes.

Section 2: Notwithstanding the failure of the Town of Orange town to
seek or receive state legislative authorization to alienate certain of
the parklands described in section three of this act and used for
electric transmission wires, such use is validated, ratified and
confirmed.

Section 3: Describes the parkland that is authorized to be alienated.

Section 4: Describes the replacement lands to be dedicated to use as
parkland for public purposes.

Section 5: The authorization of the discontinuation of the bill is
effective upon the condition that the Town of Orangetown dedicates a
greater or equal to the fair market value of land for the acquisition
of additional parkland and/or capital improvement to existing
parkland.

Section 6: The discontinuance of parkland authorized by this act must
be in compliance with federal requirements.

Section 7: Effective date.

JUSTIFICATION:
The Town is seeking to alienate parkland in the form of an easement in
order for Orange and Rockland Utilities, Inc. to construct, install,
operate and maintain electric transition structures, related
facilities and overhead and underground electric transmission wires on
town-owned parkland, which will transition the overhead power lines
underground to feed the Corporate Drive substation in the Town of
Orangetown.

This substation will provide the means for adequate and sufficient
electric service to the Corporate Drive area in Orangeburg. Thereby
helping to ensure that existing corporate employers and taxpaying
ratables, remain a vibrant part of the Orangetown community, and
hopefully attract other potential ratables to the area.

LEGISLATIVE HISTORY:
2010 - New Bill.


FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

2009-S8278 - Bill Text download pdf

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

                                  8278

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to authorize the  town  of  Orangetown,  county  of  Rockland  to
  discontinue  the use of certain town lands as parkland and to sell and
  convey such lands

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

  Section  1.  The  town  of  Orangetown,  county of Rockland, is hereby
authorized to discontinue as parklands and  alienate,  grant  a  utility
easement and convey the lands described in section three of this act and
in  exchange  therefor,  dedicate  as  parklands  the lands described in
section four of this act, such land to be used for park purposes.
  S 2. Notwithstanding the failure of the town of Orangetown to seek  or
receive state legislative authorization to alienate certain of the park-
lands described in section three of this act and used for electric tran-
smission wires, such use is validated, ratified and confirmed.
  S  3. The lands to be subject to the utility easement and discontinued
as parklands and alienated, and conveyed are described as follows:
  BEGINNING at a point  in the existing Westerly  line of  the  existing
easement  for T/L 701  and 702  South of tower  33 and goes thence, N-29
degrees-51  minutes-27  seconds-W  285.75'  to  a  point;  thence,  N-12
degrees-41   minutes-48  seconds-E  76.87'  to  a  point;  thence,  N-42
degrees-20 minutes-03 seconds-E 390.79' to  a  point  in  the  aforesaid
existing Westerly line of the said easement for T/L 701 and 702; thence,
turning  and running along the said Westerly line of this existing ease-
ment, S-12 degrees-41 minutes-48 seconds-W 202.22, to a  point;  thence,
leaving  the said existing easement for T/L 701 and 702, S-42 degrees-20
minutes-03  seconds-W  138.01'  to  a  point;  thence,  S-12  degrees-41
minutes-48   seconds-W  82.65'  to  a  point;  thence,  S-29  degrees-51
minutes-27 seconds-E 100.92'  to  a  point  in  the  aforesaid  existing
Westerly  line of T/L 701 and 702; thence, along the said existing ease-
ment for T/L 701 and 702, S-12 degrees-41 minutes-48  seconds-W  147.87'
to the point and place of BEGINNING. Containing 1.28 acres.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17800-02-0

S. 8278                             2

  S  4.  The replacement lands to be dedicated by the town of Orangetown
to use as parkland for public park purposes are located in the  town  of
Orangetown,  Rockland county comprise a total of 2.09 acres more or less
and particularly described as follows: Parcel 1.  BEGINNING at  a  point
in  the  southerly  line  of  Orangeburg Road at the easterly edge of an
existing 100 foot wide right-of-way of Orange  and  Rockland  Utilities,
Inc.  and running thence along the southerly line of Orangeburg Road, on
a course South 86° 48' 56" East, 53.84 feet to the northeasterly  corner
of  the  lands  herein  described; and running thence along the easterly
line of land of Remat and Landa on a  course  South  24°  57'  40"  West
997.78 feet  to land now or formerly of Ramland Properties, Inc.; thence
along  said last mentioned land the following two courses and distances:
(1) North 65° 02' 20" East 50 feet, and (2)  North  24°  57'  40"  East,
977.81 feet to the point or place of beginning.
  Parcel  2.    BEGINNING  at  a  point in the Westerly most line of the
existing easement for T/L 701 and 702 located between towers  number  33
and  32  and goes thence, along the said Westerly line of the said ease-
ment, N-12 degrees-41 minutes-48 seconds-E 276.94' to a  point;  thence,
cutting   diagonally   across  the  aforesaid  existing  easement,  N-42
degrees-20 minutes-03 seconds-E 202.22' to a point in the Easterly  most
line  of the aforesaid easement for T/L 701 and 702; thence, turning and
following the said Easterly line of the said easement,  S-12  degress-41
minutes-48  seconds-W  561.63'  to  a point; thence, turning and cutting
back diagonally across the said  easement.  N-29  degrees-51  minutes-27
seconds-W  147.87  to  the point and place of BEGINNING. Containing 0.96
acres of lands.
  S 5. In the event that the replacement town parklands to be  dedicated
in section four of this act are not equal to the size of the lands to be
alienated  in  section three of this act, or are not equal to or greater
than the fair market value of the lands to be alienated in section three
of this act, the town of Orangetown shall dedicate additional town-owned
lands for parkland and/or cause funds to be made available  for  capital
improvements to its existing park and recreational facilities, as neces-
sary, to equal such fair market value.
  S  6.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the town of Orangetown  has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the Inte-
rior that the conversion complies with all conditions which  the  Secre-
tary of the Interior deems necessary to assure the substitution of other
lands  shall be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

2009-S8278A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Rockland County
Versions Introduced in 2011-2012 Legislative Session:: S2404

2009-S8278A (ACTIVE) - Summary

Provides that the town of Orangetown, county of Rockland is hereby authorized to discontinue the use of certain town lands as parkland.

2009-S8278A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8278A

TITLE OF BILL:
An act
to authorize the town of Orangetown, county of Rockland to discontinue
the use of certain town lands as parkland and to sell and convey such
lands

PURPOSE:
To authorize the Town of Orangetown to discontinue the use of
certain lands as parkland

SUMMARY OF PROVISIONS:
Section 1: Authorizes the town to permanently
discontinue as parklands the lands described in section three of this
act.

Section 2: The authorization provided for in section one of this act
shall take effect only on the condition that the Town of Orangetown
acquires additional land of equal or greater fair market value then
the parkland being permanently discontinued and dedicates such land
as parkland.

Section 3: Describes the lands to be permanently discontinued as
parklands and alienated and conveyed.

Section 4: The discontinuance and conveyance of parkland authorized by
this act must be in compliance with federal requirements.

Section 5: Effective date.

JUSTIFICATION:
The Town is seeking to alienate parkland in the form of an easement in
order for Orange and Rockland Utilities, Inc. to construct, install,
operate and maintain electric transition structures, related
facilities and overhead and underground electric transmission wires
on town-owned parkland, which will transition the overhead power
lines underground to feed the Corporate Drive substation in the Town
of Orangetown.

This substation will provide the means for adequate and sufficient
electric service to the Corporate Drive area in Orangeburg. Thereby
helping to ensure that existing corporate employers and taxpaying
ratables, remain a virbrant part
of the Orangetown community, and hopefully attract other potential
ratables to the area.

This alienation was requested by and has full support of the residences
of the surrounding community.

LEGISLATIVE HISTORY:

2010- New Bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

2009-S8278A (ACTIVE) - Bill Text download pdf

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

                                 8278--A

                            I N  S E N A T E

                              June 18, 2010
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  authorize  the  town  of  Orangetown, county of Rockland to
  discontinue the use of certain town lands as parkland and to sell  and
  convey such lands

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

  Section 1. The town of Orangetown, in the county of Rockland, is here-
by authorized to permanently discontinue as parklands the land described
in section three of this act.
  S 2. The authorization provided for in section one of this  act  shall
take  effect  only  on the condition that the town of Orangetown acquire
additional land of equal or greater fair market value than the  parkland
being permanently discontinued and dedicate such land as parkland.
  S  3. The lands to be permanently discontinued as parklands and alien-
ated, and conveyed are described as follows:
  BEGINNING at a point  in the existing Westerly  line of  the  existing
easement  for T/L 701  and 702  South of tower  33 and goes thence, N-29
degrees-51  minutes-27  seconds-W  285.75'  to  a  point;  thence,  N-12
degrees-41   minutes-48  seconds-E  76.87'  to  a  point;  thence,  N-42
degrees-20 minutes-03 seconds-E 390.79' to  a  point  in  the  aforesaid
existing Westerly line of the said easement for T/L 701 and 702; thence,
turning  and running along the said Westerly line of this existing ease-
ment, S-12 degrees-41 minutes-48 seconds-W 202.22, to a  point;  thence,
leaving  the said existing easement for T/L 701 and 702, S-42 degrees-20
minutes-03  seconds-W  138.01'  to  a  point;  thence,  S-12  degrees-41
minutes-48   seconds-W  82.65'  to  a  point;  thence,  S-29  degrees-51
minutes-27 seconds-E 100.92'  to  a  point  in  the  aforesaid  existing
Westerly  line of T/L 701 and 702; thence, along the said existing ease-
ment for T/L 701 and 702, S-12 degrees-41 minutes-48  seconds-W  147.87'
to the point and place of BEGINNING. Containing 1.28 acres.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17800-04-0

S. 8278--A                          2

  S  4.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the town of Orangetown  has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the Inte-
rior  that  the conversion complies with all conditions which the Secre-
tary of the Interior deems necessary to assure the substitution of other
lands shall be equivalent in fair market value and recreational  useful-
ness to the lands being alienated or converted.
  S 5. This act shall take effect immediately.

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