Assembly Bill A4986A

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

                                 4986--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced by M. of A. JORDAN -- 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 amend chapter 542 of the laws of 1997 relating to  authorizing
  the  village of Round Lake in the town of Malta and county of Saratoga
  to discontinue the use as such of certain park lands no longer  needed
  for  park purposes and to lease the same, in relation to extending the
  provisions thereof and providing for the return of such lands upon the
  occurrence of certain conditions

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

  Section 1. Chapter 542 of the laws of 1997 relating to authorizing the
village  of  Round  Lake  in the town of Malta and county of Saratoga to
discontinue the use as such of certain park lands no longer  needed  for
park purposes and to lease the same, is amended to read as follows:
  Section  1.  Notwithstanding  any  inconsistent provisions of general,
special or local law, rule or regulation to the contrary, the village of
Round Lake in the town of Malta and county of Saratoga,  acting  by  and
through its village board, is hereby authorized and empowered to discon-
tinue  as  park  land and to lease, for a term not in excess of [twenty]
THIRTY years, the lands hereinafter described in  section  two  of  this
act,  which  had been acquired, reserved or designated by the village of
Round Lake for park and recreational purposes and are no  longer  needed
for  said  park  purposes, for public utility/personal wireless facility
purposes for consideration equal to the fair market value of the  inter-
est  to  be transferred, upon such terms and conditions as such board of
trustees may fix and determine.
  S 2. The lands referred to in section one of this act to be discontin-
ued as park lands, which may be leased by  the  village  of  Round  Lake
pursuant  to  the  provisions  of  this act, are described more fully as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01607-03-1
              

A. 4986--A                          2

                    PROPOSED LEASE PARCEL-PARCEL ONE

  All  that tract or parcel of land in the Village of Round Lake, County
of Saratoga and State of New York and being  more  particularly  bounded
and described as follows:
  Commencing  at  a point at its intersection with the property division
line between lands now or formerly  of  Whitehead  Brothers  Company  as
described  in  Liber 954 of deeds at page 590 on the north and lands now
or formerly of Village of Round Lake as described in Liber 873 of  deeds
at  page  363  on the south; thence South 50°-32'-03" East, through said
lands now or formerly of Village of Round Lake, 19.92 feet to the  point
of  beginning of a proposed lease parcel; thence continuing through said
lands now or formerly of Village of Round Lake the  following  four  (4)
courses and distances:
  1) South 00°-00'-00" East, 50.00 feet to a point;
  2) South 90°-00'-00" West, 50.00 feet to a point;
  3) North 00°-00'-00" West, 50.00 feet to a point;
  4) North 90°-00'-00" East, 50.00 feet to the point and place of begin-
ning and containing 2,500 square feet or 0.06 acres, more or less.
  Subject  to  the right of the Village of Round Lake Board of Trustees,
in its sole discretion, to reasonably relocate the said boundaries to  a
location  of  no  larger  size that will not interfere with existing and
proposed water improvements and will  allow  for  the  safe  and  proper
construction of a communications facility.

                 ACCESS AND UTILITY EASEMENT-PARCEL TWO

All that tract or parcel of land in the Village of Round Lake, County of
Saratoga  and  State of New York and being more particularly bounded and
described as follows:
  Beginning at a railroad spike in the center of  Washington  Avenue  at
the reputed center of Bangs Road, being the centerline of a 25 foot wide
access  and  utility easement, and running through lands now or formerly
of The Village of Round Lake the  following  sixteen  (16)  courses  and
distances:
  1) South 83°-06'-55" West, 201.09 feet to a point;
  2) South 79°-01'-50" West, 38.92 feet to a point;
  3) South 69°-48'-20" West, 30.46 feet to a point;
  4) South 62°-58'-23" West, 399.19 feet to a point;
  5) South 55°-12'-41" West, 40.21 feet to a point;
  6) South 67°-31'-24" West, 40.91 feet to a point;
  7) South 60°-12'-34" West, 82.27 feet to a point;
  8) North 72°-49'-46" West, 70.82 feet to a point;
  9) North 70°-30'-20" West, 37.44 feet to a point;
  10) North 66°-14'-33" West, 47.41 feet to a point;
  11) North 76°-19'-02" West, 27.65 feet to a point;
  12) South 82°-26'-32" West, 27.65 feet to a point;
  13) South 71°-49'-19" West, 96.64 feet to a point;
  14) South 61°-40'-39" West, 26.42 feet to a point;
  15) South 41°-23'-20" West, 26.42 feet to a point;
  16)  South  31°-14'-40"  West, 37.14 feet to the point on the easterly
boundary of a proposed lease parcel and  said  point  being  14.95  feet
distant southerly along said easterly boundary from the northeast corner
of  said  proposed  lease  parcel, and containing 30, 792 square feet or
0.71 acres, more or less.

A. 4986--A                          3

  Subject to the right of the Village of Round Lake Board  of  Trustees,
in  its  sole  discretion, to reasonably relocate the access and utility
easement to a  location  that  will  not  interfere  with  existing  and
proposed  water  improvements  and  will  allow  for the safe and proper
construction of an access drive.
  S 3. The net proceeds from the lease of the lands described in section
two  of  this act shall be used by the Village of Round Lake exclusively
for the purchase  of  additional  park  land  [or]  AND/OR  the  capital
improvement  of  existing  park  and recreational facilities within such
village.
  S 4. SHOULD THE LEASED LANDS DESCRIBED IN  SECTION  TWO  OF  THIS  ACT
CEASE  TO  BE USED FOR THE PURPOSE DESCRIBED IN SECTION ONE OF THIS ACT,
THE LEASE SHALL TERMINATE AND THOSE LANDS SHALL REVERT TO THE VILLAGE OF
ROUND LAKE FOR PUBLIC PARK AND RECREATIONAL PURPOSES.  AT  THE  TIME  OF
SUCH  REVERSION,  THE  REMOVAL  OF SUCH WIRELESS COMMUNICATIONS FACILITY
SHALL TAKE PLACE AND THE PROPERTY SHALL BE RETURNED SUBSTANTIALLY TO ITS
PREVIOUS  STATE,  CONSISTENT  WITH  PARKS  AND  RECREATIONAL   PURPOSES.
NOTWITHSTANDING THE PREVIOUS SENTENCE, FOUNDATIONS AND OTHER UNDERGROUND
STRUCTURES LOCATED THREE FEET OR MORE BELOW GRADE SHALL REMAIN ON AND IN
THE PROPERTY UPON TERMINATION OF THE LEASE.
  S 5. This act shall take effect immediately.
  S 2. This act shall take effect immediately.