NY State Senate Bill 2011-S2912

Senate Bill S2912

Signed By Governor

2011-2012 Legislative Session

Authorizes the village of Saranac Lake to grant easements over certain park lands for the purpose of operating a waterworks system

download bill text pdf

Archive: Last Bill Status - 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
Jun 08, 2011	signed chap.64
May 27, 2011	delivered to governor
May 23, 2011	returned to senate passed assembly home rule request ordered to third reading cal.385 substituted for a4297
Mar 23, 2011	referred to local governments delivered to assembly passed senate home rule request
Mar 03, 2011	advanced to third reading
Mar 02, 2011	2nd report cal.
Mar 01, 2011	1st report cal.103
Feb 03, 2011	referred to cultural affairs, tourism, parks and recreation

Votes

- Mar 23, 2011 - Floor Vote
  S2912
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 23, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (1)
      
      Duane
  Mar 1, 2011 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S2912
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Mar 1, 2011
      
      aye (13)
      
      Adams
      
      Ball
      
      Bonacic
      
      Gallivan
      
      Griffo
      
      Grisanti
      
      Kennedy
      
      Klein
      
      Little
      
      Marcellino
      
      Ritchie
      
      Serrano
      
      Valesky
      
      excused (1)
      
      Duane

2011-S2912 (ACTIVE) - Details

See Assembly Version of this Bill:: A4297
Law Section:: Parks

2011-S2912 (ACTIVE) - Summary

Authorizes the village of Saranac Lake to grant easements over certain park lands for the purpose of operating a waterworks system.

2011-S2912 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2912

TITLE OF BILL:
An act
to authorize the village of Saranac Lake, in the counties of Essex and
Franklin, to establish permanent and temporary easements upon park lands
for the purpose of constructing and operating a municipal waterworks
system

PURPOSE:
Authorizes the village of Saranac Lake to grant easements
over certain park lands for the purpose of operating a waterworks
system.

SUMMARY OF PROVISIONS:
Section 1. Authorizes the Village of Saranac
Lake to establish permanent easements on village parklands described
in section three of this act for the purpose of constructing,
operating and maintaining a municipal water line and a municipal
water facility;
establish a temporary construction easements on such park land
provided, however, that the authorization for temporary easements
granted in subdivision (b) of this section shall cease upon the
completion of the construction of a municipal water line and
municipal water tower facility, and the park lands described in
section four of this act shall thereafter be restored to their

original condition and continue to be used as park lands. Furthermore
such lands shall be restored to their original condition and continue
to be used as park lands.

Section 2. States that the authorizations granted in section one of
this act shall take effect only on the condition that the village of
Saranac Lake shall acquire and dedicate as park lands parcels of
equal or greater value described in section five of this act.

Section 3. Provides a description of the park lands which the
permanent easements may be granted by subdivision (a) of section one
of this act.

Section 4. Provides a description of the park lands which the
temporary easements may be granted pursuant to subdivision (b) of
section one of this act.

Section 5. Provides a description of park lands which are to be
acquired and dedicated by the village of Saranac Lake to be used as
park lands.

Section 6. Provides that in the event that the replacement lands to be
dedicated in section five of this act are not equal or greater fair
market value to the lands to be alienated pursuant to section three
of this act, the Village of Saranac Lake shall acquire and

dedicate additional lands for park lands and/or make capital
improvements to its existing park and recreational facilities, as
necessary, to equal the difference of such fair market value.

Section 7. Provides that in the event, that the land described in
section three of this act ceases to be used for municipal waterworks
purposes, the permanent easement shall cease and the village shall
remove the water tower and all water lines placed there and such
lands shall be restored and dedicated as park lands.

Section 8. Provides that the discontinuance and conveyance of park
lands authorized by this act shall not occur until the village of
Saranac Lake has complied with any federal requirements pertaining to
the alienation or conversion of park lands.

Section 9. Contains the effective date.

JUSTIFICATION:
The Village of Saranac Lake has requested this legislation so that
they may construct a municipal water tower and municipal water line
within Mount Pisgah Veteran's Memorial Ski Center located in the
Village. The water tower will provide water service to the Village
and to the Park.
When completed the water tower and water line will permanently occupy
approximately 2.5 acres of Park land.

The water tower is part of a larger Village water project mandated by
the New York State Department of Health (DOH). The DOH identified
several major deficiencies in the Village's century-old water system.
On May 22, 2009, following an administrative hearing, the Village and
the DOH entered into a stipulation agreement which calls for the
Village to complete by December 31, 2011 all required water system
improvements including a municipal water tower.

The proposed water storage tank complies with the DOH requirements for
both useable storage volume and capacity to provide minimum flows and
pressures to all users within the system. The Pisgah Ski Center was
selected as the site of the water tower for several reasons
including; the need to construct a new water storage tank on a site
closer to a newly-drilled well on the northeast side of the village;
to locate the new water storage tank at an elevation that is the same
as that of the existing water storage tank; to construct the new
water storage tank at said high elevation without exceeding the
Adirondack Park Agency's 40-foot maximum height rule; for the new
water storage tank to not be visible to neighboring properties; for
the new tank site location to allow for easy maintenance all
year-round and in all weather conditions; need for the new water
storage tank site to be safe, secure and easily monitored; and the
need to acquire the new tank site at a reasonable cost.

After review of various potential sites, the Mt. Pisgah Ski Center
land was determined by the Village to be the site that best met the

above criteria. Fair market appraisals have been obtained for the
lands to be alienated and for the substitute land selected to replace
the permanently
alienated land. To the extent the alienated land is of higher value,
the Village will contribute the difference to an account established for
parks.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:
To be determined by the Village.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2912 (ACTIVE) - Bill Text download pdf

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

    S. 2912                                                  A. 4297

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 3, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Cultural
  Affairs, Tourism, Parks and Recreation

IN  ASSEMBLY  -- Introduced by M. of A. DUPREY -- read once and referred
  to the Committee on Local Governments

AN ACT to authorize the village of Saranac  Lake,  in  the  counties  of
  Essex  and  Franklin,  to  establish permanent and temporary easements
  upon park lands for the purpose of constructing and operating a munic-
  ipal waterworks system

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

  Section  1.  Notwithstanding any provision of law to the contrary, the
village of Saranac Lake, in the counties of Essex and  Franklin,  acting
by and through its board of trustees, is hereby authorized to (a) estab-
lish permanent easements upon and under the village park lands described
in  section three of this act for the purpose of constructing, operating
and maintaining a municipal water  line  and  a  municipal  water  tower
facility;  and  (b)  establish temporary construction easements upon and
under the village park lands described in section four of this  act  for
the purpose of constructing a municipal water line and a municipal water
tower  facility. Provided, however, that the authorization for temporary
easements granted in subdivision (b) of this section  shall  cease  upon
the completion of the construction of a municipal water line and munici-
pal  water  tower facility, and the park lands described in section four
of this act shall thereafter be restored to their original condition and
continue to be used as park lands. Furthermore, upon the  completion  of
the  construction  of  a  municipal water line and municipal water tower
facility upon the park lands described in section three of this act, the
surface of such lands shall be restored to their original condition  and
continue to be used as park lands.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07601-01-1

S. 2912                             2                            A. 4297

  S  2. The authorizations granted in section one of this act shall take
effect only on the condition that the  village  of  Saranac  Lake  shall
acquire and dedicate as park lands the parcels of equal or greater value
described in section five of this act.
  S  3.  The  park lands upon and under which permanent easements may be
granted pursuant to subdivision (a) of  section  one  of  this  act  are
described as follows:
  ALL  THAT TRACT OR PARCEL OF LAND containing 2.57 acres, more or less,
situate on lands owned now or formerly by Village of Saranac Lake in the
County of Essex being Tax Parcel I.D. Number 32.0AB-1-1.000, as shown on
a map entitled, "Mt. Pisgah Land Requirement Permanent Land"  -  on  the
Mt.    Pisgah  Veteran's  Memorial  Ski  Center property, as prepared by
Dodson & Associate Consulting  Engineers,  PLLC,  dated  October,  2010,
identified as Job Number 081102, and being more particularly bounded and
described as follows:
  ALL  OF  THAT  TRACT,  part, piece or parcel of land situate in Lot 9,
Township 11, Old Military Tract, Town of St. Armand, County of  Franklin
and State of New York; and being more particularly bounded and described
as follows:
  BEGINNING  AT  A  POINT  in the easterly lines of premises conveyed by
Harland M. and Sarah E. Branch to The Village of Saranac  Lake  by  deed
dated  December 30, 1953 and recorded in the Essex County Clerk's Office
in Book 312 of Deeds at page 553, said point being marked by a  1"  Iron
Pipe;
  THENCE  S  07°43'45" E, along said easterly line, a distance of 491.52
feet to a point;
  THENCE S 81°11'02" W, through the lands of the Party of the First Part
herein, a distance of 167.04 feet to a point;
  THENCE N 07°43'45" W, through the lands of the Party of the First Part
herein, a distance of 224.47 feet to a point;
  THENCE N 81°11'02" E, through the lands of the Party of the First Part
herein, a distance of 73.80 feet to a point;
  THENCE N 06°16'10" E, through the lands of the Party of the First Part
herein, a distance of 296.91 feet to a point;
  THENCE N 22°23'25" W, through the lands of the Party of the First Part
herein, a distance of 143.86 feet to a point;
  THENCE S 49°06'31" W, through the lands of the Party of the First Part
herein, a distance of 70.69 feet to a point;
  THENCE N 40°18'18" W, through the lands of the Party of the First Part
herein, a distance of 339.02 feet to a point;
  THENCE N 36°50'41" W, through the lands of the Party of the First Part
herein, a distance of 65.71 feet to a point;
  THENCE N 33°20'33" W, through the lands of the Party of the First Part
herein, a distance of 51.74 feet to a point in the  north  line  of  the
said Village of Saranac Lake premises;
  THENCE  S 72°34'33" E, along said north line, a distance of 63.40 feet
to a point;
  THENCE S 36°50'41" E, through the lands of the Party of the First Part
herein, a distance of 64.67 feet to a point;
  THENCE S 40°18'18" E, through the lands of the Party of the First Part
herein, a distance of 302.66 feet to a point;
  THENCE N 49°52'08" E, through the lands of the Party of the First Part
herein, a distance of 94.21 feet to a point;
  THENCE N 56°08'29" E, through the lands of the Party of the First Part
herein, a distance of 183.29 feet to a point;

S. 2912                             3                            A. 4297

  THENCE S 18°38'22" E, through the lands of the Party of the First Part
herein, a distance of 91.98 feet to a point;
  THENCE S 19°25'11" W, through the lands of the Party of the First Part
herein,  a distance of 219.72 feet to a point in an aforementioned east-
erly line of the said Village of Saranac Lake premises;
  THENCE S 66°46'20" W, along said easterly line, a  distance  of  61.45
feet to the point and place of beginning. Containing 2.57 acres of land.
  BEING  A  PART  OF  THE  PREMISES  conveyed by Harland M. and Sarah E.
Branch to The Village of Saranac Lake by deed dated  December  30,  1953
and  recorded in the Essex County Clerk's Office in Book 312 of Deeds at
page 553.
  S 4. The park lands upon and under which temporary  easements  may  be
granted  pursuant  to  subdivision  (b)  of  section one of this act are
described as follows:
  ALL THAT TRACT OR PARCEL OF LAND containing 4.34 acres, more or  less,
situate  on  lands  owned  now by the Village of Saranac Lake, County of
Essex, being Tax Parcel I.D. Number 32.0AB-1-1.000, as shown  on  a  map
entitled,  "Mt.  Pisgah  Land Requirement - Temporary Construction Ease-
ment" - on the Mt. Pisgah Veteran's Memorial  Ski  Center  property,  as
prepared  by  Dodson & Associate Consulting Engineers, PLLC, dated Octo-
ber, 2010, identified as Job Number 081102, and being more  particularly
bounded and described as follows:
  ALL  THAT TRACT, part, piece or parcel of land situate in Lot 9, Town-
ship 11, Old Military Tract, Town of St. Armand, County of Franklin  and
State  of New York; and being more particularly bounded and described as
follows:
  BEGINNING AT A POINT marking the northeast corner of premises conveyed
by Harland M. and Sarah E. Branch to The Village of Saranac Lake by deed
dated December 30, 1953 and recorded in the Essex County Clerk's  Office
in Book 312 of Deeds at page 553, said point being marked by a 3/4" Iron
Pipe;
  THENCE  S 18°25'40" E, along the southwesterly line of premises reput-
edly owned by The Nature Conservancy, a distance of  156.75  feet  to  a
point marked by a 2" Iron Pipe;
  THENCE  S 18°41'15" E, along the southwesterly line of premises reput-
edly owned by Moody, a distance of 34.66 feet to a point marked by a  1"
Iron  Pipe;  thence  continuing  in  the same course a distance of 95.48
feet, for a total distance of 130.14 feet, to a point marked by a Drill-
hole in a stone;
  THENCE S 18°37'46" E, still along said southwesterly line, a  distance
of 265.50 feet to a point marked by a 2" Iron Pipe;
  THENCE  S 66°48'56" W, along the northwesterly line of premises reput-
edly owned by American Management Association, a distance of 97.38  feet
to a point marked by a Drillhole in a stone;
  THENCE  S 66°46'20" W, still along said northwesterly line, a distance
of 97.37 feet to a point;
  THENCE N 19°25'11" E, through the lands of the Party of the First Part
herein, a distance of 219.72 feet to a point;
  THENCE N 18°38'22" W, through the lands of the Party of the First Part
herein, a distance of 91.98 feet to a point;
  THENCE S 56°08'29" W, through the lands of the Party of the First Part
herein, a distance of 183.29 feet to a point;
  THENCE N 47°32'50" W, through the lands of the Party of the First Part
herein, a distance of 151.05 feet to a point;
  THENCE N 51°34'57" E, through the lands of the Party of the First Part
herein, a distance of 87.55 feet to a point;

S. 2912                             4                            A. 4297

  THENCE N 40°18'18" W, through the lands of the Party of the First Part
herein, a distance of 171.08 feet to a point in the north  line  of  the
aforementioned Village of Saranac Lake premises;
  THENCE N 65°25'53" E, along said north line, a distance of 291.40 feet
to the point and place of beginning. Containing 2.48 acres of land.
  BEING  A  PART  OF  THE  PREMISES  conveyed by Harland M. and Sarah E.
Branch to The Village of Saranac Lake by deed dated  December  30,  1953
and recorded in the Essex County Clerk's Office in Book 312 of the Deeds
at page 553.
  S 5. The replacement lands to be acquired and dedicated by the village
of Saranac Lake to use as park lands are described as follows:
  All  those  certain parcels of land, being part of Great Lot 29, Town-
ship No. 10, Old Military Tract, Town of St. Armand,  County  of  Essex,
and  State of New York; being more particularly bounded and described as
follows:

                                PARCEL A

  Beginning at a 1" iron pipe found with a  coupling  in  Kelly  Slough,
said pipe being the common corner between Great Lots 28, 29, 48, and 49;
thence

  1)  South  6°18'15"  West  along the east line of Great Lot 29, 705.36
feet to a point on the northeasterly bounds of property described  in  a
deed  to  Saranac Lake Fish and Game Club, Inc. recorded in Liber 205 at
page 140 in the Essex County Clerk's Office, said point  also  being  on
the southwest low water mark of Kelly Slough; thence
  2) Northerly along the northeasterly bounds of said property described
in  Liber  205  at  page  140  and the southwest low water mark of Kelly
Slough, approximately 1,006 feet to a point on the east  bounds  of  New
York State Route 3, said point being located North 26°59'35" West 764.67
feet from the point on the northeasterly bounds of property described in
Liber 205 at page 140 aforementioned in Course No. 1); thence
  3)  North 34°26'45" East along the east bounds of New York State Route
3, 88.78 feet to a 5/8" rebar set with a  cap  stamped  "Geomatics  Land
Surveying, PC" on the north line of Great Lot 29; thence
  4)  South  81°52'00" East along the north line of Great Lot 29, 378.10
feet to the beginning.

  Containing 3.42  acres  of  land,  more  or  less,  within  the  above
described  bounds, as surveyed by Stacey L. Allott, LS of Geomatics Land
Surveying, PC, December 9, 2010. Bearings are based on Magnetic North.

                                PARCEL B

  Beginning at a point on the north line of Great  Lot  29,  said  point
being  located  North  81°  52' 00" West 577.50 feet from a 1" iron pipe
found at the common corner for Great Lots 28, 29, 48, and 49; thence
  1) South 81° 52' 00" East along the north line of Great Lot 29, 133.38
feet to a point on the west bounds of New York State Route 3; thence
  2) South 35° 06' 25" West along the west  bounds  of  New  York  State
Route  3,  123.17  feet  to  a point on the northeast bounds of property
described in a deed to Christopher K. and Heather A. Tuttle, recorded in
Liber 864 at page 57 of deeds in the Essex County Clerk's  Office,  said
point also being on the southwest low water mark of Kelly Slough; thence

S. 2912                             5                            A. 4297

  3) Northwesterly along the northeast bounds of said property described
in  Liber  864  at  page  57  and  the southwest low water mark of Kelly
Slough, approximately 138  feet  to  the  beginning,  said  point  being
located North 27° 05' 35" West 134.38 feet from the point aforementioned
in Course No. 2).
  Containing  0.19  acres  of  land,  more  or  less,  within  the above
described bounds, as surveyed by Stacy L. Allott, LS of  Geomatics  Land
Surveying,  PC,  December 9, 2010. Bearings are based on Magnetic North.
Together with and subject to any rights of the public in and to the area
within the bounds of New York State Route 3.
  Being that portion of the property described in a deed to the  Village
of  Saranac  Lake,  recorded  in  Liber 1347 at page 100 of deeds in the
Essex County Clerk's Office, being bounded on the  north  by  the  north
line  of Great Lot 29, on the east by the east line of Great Lot 29, and
on the south by property described in a deed to the  Saranac  Lake  Fish
and  Game  Club, Inc. recorded in Liber 205 at page 140, and by property
described in a deed to Christopher K. and Heather A. Tuttle, recorded in
Liber 864 at page 57 (being low water mark  of  the  southwest  side  of
Kelly Slough), excepting and reserving the area within the bounds of New
York State Route 3.
  S  6.  In  the  event  that  the  replacement lands to be dedicated in
section five of this act are not of equal or greater fair  market  value
to  the lands to be alienated pursuant to section three of this act, the
Village of Saranac Lake shall acquire and dedicate additional lands  for
park  lands  and/or  make  capital improvements to its existing park and
recreational facilities, as necessary, to equal the difference  of  such
fair market value.
  S  7.  In  the event, that the land described in section three of this
act ceases to be used for municipal waterworks purposes, (a) the  perma-
nent  easement  granted pursuant to section one of this act shall cease;
(b) the village of Saranac Lake shall remove the  water  tower  and  all
water  lines  placed  thereon;  and  (c) such land shall be restored and
dedicated as park lands.
  S 8. The discontinuance and conveyance of  park  lands  authorized  by
this  act shall not occur until the village of Saranac Lake has complied
with any federal requirements pertaining to the alienation or conversion
of park lands, including satisfying the Secretary of the  Interior  that
the  conversion  complies  with all conditions with 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.

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