senate Bill S5655A

Signed By Governor
2013-2014 Legislative Session

Authorizes the village of Ossining to convey an easement and temporarily alienate parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline in Snowden Park

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Archive: Last Bill Status Via A7699 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.237
Jul 19, 2013 delivered to governor
Jun 18, 2013 returned to assembly
passed senate
3rd reading cal.1460
substituted for s5655a
Jun 18, 2013 substituted by a7699a
ordered to third reading cal.1460
committee discharged and committed to rules
Jun 03, 2013 print number 5655a
amend and recommit to cultural affairs, tourism, parks and recreation
May 31, 2013 referred to cultural affairs, tourism, parks and recreation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5655 - Bill Details

See Assembly Version of this Bill:
A7699A
Law Section:
Parks

S5655 - Bill Texts

view summary

Authorizes the village of Ossining to convey an easement and temporarily alienate parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline in Snowden Park.

view sponsor memo
BILL NUMBER:S5655

TITLE OF BILL: An act to authorize the village of Ossining to convey
an easement and temporarily alienate parkland for the purposes of
completing and operating certain proposed improvements to a sanitary
sewer pipeline in Snowden Park

PURPOSE: To authorize the Village of Ossining to convey an easement
and temporarily alienate parkland for the purposes of completing and
operating certain proposed improvements to a sanitary sewer pipeline.

SUMMARY OF PROVISIONS:

Section 1. The village of Ossining, in the county of Westchester, is
authorized to convey by appropriate instruments to the county of
Westchester, a permanent easement for the purpose of enabling such
county to re-route and operate a sanitary sewer pipeline under village
parkland described as parcel A in section 3 of this act. Such village
is also authorized to temporarily alienate a portion of village
parkland described as parcel B in section three of this act for
construction purposes. Upon completion of construction to re-route
such sanitary sewer pipeline the village of Ossining shall ensure that
the surface of the lands are restored such that the lands shall
continue to be used for park purposes, and there shall be no net loss
of village parkland

Section 2. The authorization shall be effective only upon the
condition that an amount equal to or greater than the fair market
value of the interests being conveyed and temporarily alienated
pursuant to section one of this act is dedicated for the acquisition
of new village parklands and/or for capital improvements to existing
village park and recreational facilities.

Section 3 describes the metes and bounds for Parcel A and B.

Section 4. 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 satisfying the secretary of interior that the discontinuance
with 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 discontinued.

Section 5 sets the effective date.

JUSTIFICATION: This legislation authorizes the conveyance of an
easement and temporarily alienates parkland for the purposes of
completing and operating certain proposed improvements to a sanitary
sewer pipeline in Snowden Park, a Village of Ossining park. It would
provide the Village with the ability to convey a permanent easement
under a portion of Snowden Park to Westchester County for utility
purposes, and a temporary easement to facilitate construction of same.
A children's playground will be removed from one part of the park to


another. A new playground will be installed by the county of
Westchester.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5655

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to authorize the village of Ossining to convey  an  easement  and
  temporarily alienate parkland for the purposes of completing and oper-
  ating  certain  proposed  improvements to a sanitary sewer pipeline in
  Snowden Park

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

  Section  1.  The village of Ossining, in the county of Westchester, is
hereby authorized to convey by appropriate instruments to the county  of
Westchester a permanent easement for the purpose of enabling such county
to re-route and operate a sanitary sewer pipeline under village parkland
described as parcel A in section three of this act. Such village is also
authorized  to  temporarily  alienate  a  portion  of  village  parkland
described as parcel B in section three  of  this  act  for  construction
purposes.    Upon  completion  of construction to re-route such sanitary
sewer pipeline, the village of Ossining shall ensure that the surface of
the lands are restored such that the lands shall continue to be used for
park purposes, and there shall be no net loss of village parkland.
  S 2. The authorization provided in section one of this  act  shall  be
effective  only  upon  the  condition that an amount equal to or greater
than the fair market value of the interests being conveyed and temporar-
ily alienated pursuant to section one of this act is dedicated  for  the
acquisition  of new village parklands and/or for capital improvements to
existing village park and recreational facilities.
  S 3. The permanent easement to be conveyed by the village of  Ossining
and  the  temporary  alienation  authorized pursuant to this act are two
parcels of parkland in the village of Ossining, county  of  Westchester,
described as follows:
                                PARCEL A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10710-02-3

S. 5655                             2

  All  that  certain piece or parcel of land lying and being in the Town
of Ossining, County of Westchester and the State of New York, and  being
more particularly bounded and described as follows.
  BEGINNING at a point, said point being North 21°30'54" West a distance
of  1.35'  from the Easterly bounds of Snowden Avenue where it is inter-
sected with the Northerly bounds of Broadway. Thence;
  North 12°43'40" East a distance of 68.46' to a point. Thence;
  North 26°16'56" East a distance of 8.17' to a point. Thence;
  North 33°22'29" East a distance of 11.13' to a point. Thence;
  North 35°59'05" East a distance of 60.30' to a point. Thence;
  South 59°53'40" East a distance of 86.19' to a point. Thence;
  South 48°44'59" West a distance of 72.42' to a point. Thence;
  South 05°23'44" West a distance of 46.36' to a point. Thence;
  North 86°17'00" West a distance of 76.17' which is the point or  place
of BEGINNING.
  Having an area of 9870 square feet, or 0.2266 acres, more or less.
                                PARCEL B
  All  that  certain piece or parcel of land lying and being in the Town
of Ossining, County of Westchester and the State of New York, and  being
more particularly bounded and described as follows.
  BEGINNING  at  a point on the Northerly bounds of Broadway. Said point
being South 87°20'17" East a distance of 47.93' from the Easterly bounds
of Snowden Avenue where it is intersected with the Northerly  bounds  of
Broadway. Thence;
  Passing through Snowden Park North 05°43'05" West a distance of 95.04'
to a point at the Easterly bounds of Snowden Avenue. Thence;
  Along  the  Easterly  bounds  of Snowden Avenue North 35°45'05" East a
distance of 22.65' to a point. Thence;
  Passing through Snowden  Park  South  05°43'05"  East  a  distance  of
114.22' to a point at the Northerly bounds of Broadway. Thence;
  Along the Northerly bounds of Broadway North 87°20'17" West a distance
of 15.16' to the point or place of BEGINNING.
  Having an area of 1,569.44 square feet, or 0.036 acres, more or less.
  S  4.  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 with 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 discontinued.
  S 5. This act shall take effect immediately.

S5655A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7699A
Law Section:
Parks

S5655A (ACTIVE) - Bill Texts

view summary

Authorizes the village of Ossining to convey an easement and temporarily alienate parkland for the purposes of completing and operating certain proposed improvements to a sanitary sewer pipeline in Snowden Park.

view sponsor memo
BILL NUMBER:S5655A REVISED MEMO 06/17/13

TITLE OF BILL: An act to authorize the village of Ossining to convey
an easement and temporarily alienate parkland for the purposes of
completing and operating certain proposed improvements to a sanitary
sewer pipeline in Snowden Park

PURPOSE:

To authorize the Village of Ossining to convey an easement and
temporarily alienate parkland for the purposes of completing and
operating certain proposed improvements to a sanitary sewer pipeline.

SUMMARY OF PROVISIONS:

Section 1. The village of Ossining, in the county of Westchester, is
authorized to convey by appropriate instruments to the county of
Westchester, a permanent easement for the purpose of enabling such
county to re-route and operate a sanitary sewer pipeline under village
parkland described as parcel A in section 3 of this act. Such village
is also authorized to temporarily alienate a portion of village
parkland described as parcel B in section three of this act for
construction purposes. Upon completion of construction to re-route
such sanitary sewer pipeline the village of Ossining shall ensure that
the surface of the lands are restored such that the lands shall
continue to be used for park purposes, and there shall be no net loss
of village parkland.

Section 2. The authorization shall be effective only upon the
condition that an amount equal to or greater than the fair market
value of the interests being conveyed and temporarily alienated
pursuant to section one of this act is dedicated for the acquisition
of new village parklands and/or for capital improvements to existing
village park and recreational facilities.

Section 3 describes the metes and bounds for Parcel A and B.

Section 4. 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 satisfying the secretary of interior that the discontinuance
with 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 discontinued.

Section 5 sets the effective date.

JUSTIFICATION:

This legislation authorizes the conveyance of an easement and
temporarily alienates parkland for the purposes of completing and
operating certain proposed improvements to a sanitary sewer pipeline
in Snowden Park, a Village of Ossining park. It would provide the
Village with the ability to convey a permanent easement under a


portion of Snowden Park to Westchester County for utility purposes,
and a temporary easement to facilitate construction of same. This
project is necessary to protect the health and safety of the residents
of the Village of Ossining, as the current sewer line configuration
and grading results in frequent backups and noxious odors.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5655--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 31, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  authorize the village of Ossining to convey an easement and
  temporarily alienate parkland for the purposes of completing and oper-
  ating certain proposed improvements to a sanitary  sewer  pipeline  in
  Snowden Park

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

  Section 1. The village of Ossining, in the county of  Westchester,  is
hereby  authorized to convey by appropriate instruments to the county of
Westchester a permanent easement for the purpose of enabling such county
to re-route and operate a sanitary sewer pipeline under village parkland
described as parcel A in section three of this act. Such village is also
authorized  to  temporarily  alienate  a  portion  of  village  parkland
described  as  parcel  B  in  section three of this act for construction
purposes.  Upon completion of construction  to  re-route  such  sanitary
sewer pipeline, the village of Ossining shall ensure that the surface of
the lands are restored such that the lands shall continue to be used for
park purposes, and there shall be no net loss of village parkland.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that an amount  equal  to  or  greater
than the fair market value of the interests being conveyed and temporar-
ily  alienated  pursuant to section one of this act is dedicated for the
acquisition of new village parklands and/or for capital improvements  to
existing village park and recreational facilities.
  S  3. The permanent easement to be conveyed by the village of Ossining
and the temporary alienation authorized pursuant to  this  act  are  two
parcels  of  parkland in the village of Ossining, county of Westchester,
described as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10710-03-3

S. 5655--A                          2

                                PARCEL A
  All  that  certain piece or parcel of land lying and being in the Town
of Ossining, County of Westchester and the State of New York, and  being
more particularly bounded and described as follows.
  BEGINNING  at  a point on the Northerly bounds of Broadway. Said point
being South 87°20'17" East a distance of 47.93' from the Easterly bounds
of Snowden Avenue where it is intersected with the Northerly  bounds  of
Broadway. Thence;
  Passing through Snowden Park North 05°43'05" West a distance of 95.04'
to a point at the Easterly bounds of Snowden Avenue. Thence;
  Along  the  Easterly  bounds  of Snowden Avenue North 35°45'05" East a
distance of 22.65' to a point. Thence;
  Passing through Snowden  Park  South  05°43'05"  East  a  distance  of
114.22' to a point at the Northerly bounds of Broadway. Thence;
  Along the Northerly bounds of Broadway North 87°20'17" West a distance
of 15.16' to the point or place of BEGINNING.
  Having an area of 1,569.44 square feet, or 0.036 acres, more or less.
                                 PARCEL B
  All  that  certain piece or parcel of land lying and being in the Town
of Ossining, County of Westchester and the State of New York, and  being
more particularly bounded and described as follows.
  BEGINNING at a point, said point being North 21°30'54" West a distance
of  1.35'  from the Easterly bounds of Snowden Avenue where it is inter-
sected with the Northerly bounds of Broadway. Thence;
  North 12°43'40" East a distance of 68.46' to a point. Thence;
  North 26°16'56" East a distance of 8.17' to a point. Thence;
  North 33°22'29" East a distance of 11.13' to a point. Thence;
  North 35°59'05" East a distance of 60.30' to a point. Thence;
  South 59°53'40" East a distance of 86.19' to a point. Thence;
  South 48°44'59" West a distance of 72.42' to a point. Thence;
  South 05°23'44" West a distance of 46.36' to a point. Thence;
  North 86°17'00" West a distance of 76.17' which is the point or  place
of BEGINNING.
  Having an area of 9870 square feet, or 0.2266 acres, more or less.
  S  4.  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 with 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 discontinued.
  S 5. This act shall take effect immediately.

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