S T A T E   O F   N E W   Y O R K
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    S. 4045--A                                            A. 6332--A
    Cal. No. 671

                       2011-2012 Regular Sessions

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

                             March 15, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Cultural
  Affairs, Tourism, Parks and Recreation -- reported favorably from said
  committee, ordered to first report, amended on first  report,  ordered
  to  a  second report and ordered reprinted, retaining its place in the
  order of second report

IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  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 authorize the town of East Greenbush, county of Rensselaer, to
  lease 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 town of East
Greenbush, county of Rensselaer, is hereby  authorized,  acting  by  and
through  its  town board, to lease to the East Greenbush Miracle League,
Inc. ("League") for a term not to exceed thirty years,  the  municipally
owned parkland more particularly described in section three of this act,
consisting  of a public sports facility with athletic fields, concession
facilities and related facilities.
  S 2. The lease authorized by section one of this act shall be  subject
to the following terms and conditions:
  (a) The lease shall be non-exclusive by the town of East Greenbush.
  (b) The League shall use the premises for its intended purpose, namely
to  engage  in  and  promote  recreational  sports  activities for those
persons with special-needs whom require the unique nature of  the  field
in  order  to participate to the fullest extent possible in the types of
sports activities for which the field was constructed and  the  use  for
which it is intended.

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

                                                           LBD09583-03-1

S. 4045--A                          2                         A. 6332--A

  (c)  It  is  understood that the use of this facility by the League is
non-exclusive and the premises shall  be  open  and  accessible  to  the
general public at large whom are desirous of utilizing the field and its
appurtenances for its intended purpose, specifically to engage in sports
and recreational activities for persons with special-needs. In the event
a  scheduling  conflict  should  arise  over  the use of the field, such
conflict shall be resolved in a fair and equitable manner by the town of
East Greenbush public works department so as to maximize the use of  the
facility  and permit all whom desire the use of the facility such oppor-
tunity.
  (d) In consideration of the lease authorized by this act,  the  League
shall  maintain the field including the structural integrity and surface
of the field in accordance with all recommendations of the  manufacturer
and  installer,  including  all  coverings and/or surface protectants to
protect the field when not  in  use,  toward  maximizing  the  life  and
longevity  of  the field surface and the appurtenant structures thereto.
The field shall be fenced and secured at all times when not in  use  and
the  town  of  East Greenbush and any emergency agencies (police, rescue
and fire) shall be provided with access thereto.
  (e) The League shall purchase, provide and  have  in  full  force  and
effect a policy of liability insurance in an amount of not less than two
million  dollars ($2,000,000.00) naming the town of East Greenbush as an
additional insured thereon. A certificate evidencing the  insurance  and
effective  date  of said coverage shall be furnished to the town of East
Greenbush for review and approval by its counsel prior to the  commence-
ment  by  the League of the activities contemplated by the lease author-
ized by this act.
  S 3. The lands referred to in section one of  this  act  are  located,
bounded and described as follows:
  All  that  piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being in the Town of East Greenbush,
County of Rensselaer, State of New York and being a portion of Lot No. 2
as shown on a "Two Lot Subdivision Map - Portion of Lands Now or Former-
ly of Hazel D. Reichard & Donald P. Leffler to be conveyed to  the  Town
of East Greenbush" prepared by Gurley Engineering, Surveying and Mapping
Group,  P.C.  dated September 2nd, 2003 and last revised September 18th,
2003, filed in the Rensselaer County Clerk's Office on  September  18th,
2003  in  Drawer  2003  as  Map  No.  100, more particularly bounded and
described as follows:
  Beginning at a point in the division line of the lands N/F  of  George
C.    & Barbara M. Sager (Book 1644, Pg. 133 - Tax Map No. 167-4-6.1) on
the west and the parcel herein described on  the  east,  said  point  of
beginning  being  South  26 deg. 17 min. 43 sec. West 229.56 feet from a
capped iron rod found in the intersection of the west line of the  above
mentioned  Lot No. 2 at the south corner of the lands N/F of Robert H. &
Cathyanne Kielb (Book 1374, pg. 787 - Tax Map No.  156-3-27.19);  thence
through  the lands of the Town of East Greenbush (Lot No. 2) the follow-
ing six (6) courses and distances:
  1) South 62 deg. 08 min. 41 sec. East 146.65 feet to a dock spike  set
in  the  northwest  corner  of  the  "Jamie M. Adams Field" marked by an
asphalt pavement corner;
  2) South 64 deg. 12 min. 51 sec. East 62.23 feet to an iron rod set in
the northeast corner of the said asphalt pavement;
  3) South 63 deg. 26 min. 31 sec. East 109.19 feet to a  point  in  the
west  line  of  Angelini  Way  (a non-dedicated Road of the Town of East
Greenbush);

S. 4045--A                          3                         A. 6332--A

  4) South 00 deg.  26 min. 57 sec. West 50.09 feet along the said  west
line of Angelini Way to a point;
  5) along the arc of a curve to the right with a radius of 581.49 feet,
a central angle of 25 deg. 56 min. 22 sec. for an arc distance of 263.26
feet  and  a  chord bearing of South 13 deg. 45 min. 40 sec. West 261.01
feet to a point;
  6) North 69 deg. 52 min. 48 sec. West 398.81 feet to a  point  in  the
east  line  of  the  above mentioned lands N/F of George C. & Barbara M.
Sager; thence along the division line of the lands of Sager on the  west
and  the  parcel  herein described on the east, North 26 deg. 17 min. 43
sec. East 346.71 feet to the point of beginning.
  Containing in all 2.76 acres of land be the same, more or less.
  Also leasing (non-exclusively) a parking lot  &  roadway  bounded  and
described as follows:
  Beginning  at  the  northwest  corner of the above described premises;
thence along the division line of the said lands  n/f  of  George  C.  &
Barbara M. Sager (Book 1644, page 133-Tax Map No. 167-4-6.1) on the west
and  the  parcel  herein described on the east, North 26 deg. 17 min. 43
sec. East 125.57 feet to a point; thence through the lands of  The  Town
of East Greenbush the following four (4) courses and distances:
  1)  South  63  deg. 03 min. 37 sec. East 259.22 feet to a point in the
west line of Angelini Way (a 60 ft. wide town right-of-way);
  2) North 01 deg. 32 min. 44 sec. East 115.88 feet along the said  west
line to a point;
  3)  thence  along  the  arc  of  a curve to the right with a radius of
408.45 feet, a central angle of 18 deg. 17 min. 06 sec., an  arc  length
of  130.35  feet  and  a  chord bearing of North 12 deg. 50 min. 42 sec.
East 129.80 feet to a point;
  4) North 28 deg. 15 min. 21 sec. East 51.74 feet to  a  point  in  the
southwesterly  right-of-way  line  at  the  Luther-Couse Road (NYS Route
151); said point being South 60 deg. 31 min. 19  sec.  East  48.19  feet
from a capped iron rod found in the northeast corner of the lands n/f of
Robert H. & Cathyanne Kielb (Book 1374, page 787); thence along the said
southwesterly right-of-way line South 60 deg. 31 min. 19 sec. East 60.01
feet  to a point; thence along the right-of-way line of Angelini Way the
following six (6) courses and distances:
  1) South 28 deg. 15 min.  21 sec. West 48.54 feet to a point;
  2) along the arc of a curve to the left with a radius of 356.80  feet,
a central angle of 17 deg. 06 min. 57 sec., an arc length of 106.59 feet
and a chord bearing of South 12 deg. 20 min. 34 sec. West 106.19 feet to
a point;
  3) South 01 deg. 03 min. 40 sec. West 257.70 feet to a point;
  4) South 89 deg. 09 min. 14 sec. East 3.61 feet to a point;
  5) South 01 deg. 17 min. 57 sec. West 44.38 feet to a point;
  6)  North  89  deg. 33 min. 01 sec. West 64.61 feet to a point; thence
along the above described lands to be  leased  to  "The  East  Greenbush
Miracle League" the following four (4) courses and distances:
  1) North 00 deg. 26 min. 57 sec. East 50.09 feet to a point;
  2) North 63 deg. 26 min. 31 sec. West 109.19 feet to an iron rod set;
  3) North 64 deg. 12 min. 51 sec. West 62.23 feet to a dock spike set;
  4)  North  62  deg.  08  min. 41 sec. West 146.65 feet to the point of
beginning.
  Containing in all 1.50 acres of land be the same, more or less.
  S 4. Should the interests described in section three of this act cease
to be operated as a public sports facility, such interests shall  revert

S. 4045--A                          4                         A. 6332--A

to the town of East Greenbush, county of Rensselaer, for public park and
recreational purposes.
  S  5.  If  the  parkland  that is the subject of this act has received
funding pursuant to the federal land and water  conservation  fund,  the
discontinuance  of  parkland  authorized  by  the provisions of this act
shall not occur until the municipality has  complied  with  the  federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that the discontinuance will include
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 discontin-
ued.
  S 6. This act shall take effect immediately.