senate Bill S7733A

Signed By Governor
2013-2014 Legislative Session

Authorizes the village of Wappingers Falls to alienate and convey parkland and acquire other parcels of land to replace such parkland

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Archive: Last Bill Status - 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 22, 2014 signed chap.181
Jul 11, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.569
substituted for a9896a
Jun 17, 2014 referred to local governments
delivered to assembly
passed senate
home rule request
Jun 11, 2014 ordered to third reading cal.1359
committee discharged and committed to rules
Jun 10, 2014 print number 7733a
amend and recommit to local government
Jun 03, 2014 referred to local government

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7733 - Bill Details

See Assembly Version of this Bill:
A9896A
Law Section:
Real Property

S7733 - Bill Texts

view summary

Authorizes the village of Wappinger Falls to alienate and convey parkland and acquire other parcels of land to replace such parkland.

view sponsor memo
BILL NUMBER:S7733

TITLE OF BILL: An act authorizing and validating the alienation of
certain parkland in the village of Wappingers Falls in the county of
Dutchess

PURPOSE OR GENERAL IDEA OF BILL: To validate and authorize the
alienation and substitution of certain parkland in the village of
Wappingers Falls in the county of Dutchess.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 validates and authorizes the alienation of the village-owned
parklands described in section four of this act.

Section 2 authorizes the village of Wappingers Falls to alienate the
village-owned parkland delineated as Parcel No. 1 in section four of
this act.

Section 3 makes the alienation of Parcel No. 1 authorized in section
two subject to the village of Wappingers Falls dedicating the lands
delineated as Parcels No. 2 and 3 in section five as parklands.

Section 4 describes the lands to be discontinued as parklands. Section
5 describes the lands to be dedicated as parklands. Section 6 provides
the immediate effective date.

JUSTIFICATION: The enactment of this legislation will authorize and
validate the village of Wappingers Falls' alienation of a portion of
James J. Temple Memorial Park and will add two parcels of parkland as
replacement parkland of greater acreage and recreational value. One of
the parcels proposed for new parkland contains a highway garage which
can be repurposed for more suitable parkland with access to the Hudson
River Estuary in accordance with the village's comprehensive plan,
which calls for the garage's repurposing with this stated goal. The
village has also received a donation of private land to form a
proposed addition to the Greenway Trail through Wappingers Falls.

This legislation has been requested by the village of Wappingers
Falls.

PRIOR LEGISLATIVE HISTORY: This is a 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
________________________________________________________________________

                                  7733

                            I N  S E N A T E

                              June 3, 2014
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT authorizing and validating the alienation of certain parkland  in
  the village of Wappingers Falls in the county of Dutchess

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

  Section 1. Notwithstanding any other provision of law to the contrary,
but subject to this act, the alienation of  the  parkland  described  in
section  four  of  this act is hereby authorized and validated, notwith-
standing the  absence  of  prior  legislative  approval  to  the  extent
required.
  S  2. Subject to the provisions of this act, the village of Wappingers
Falls, acting by and through its village board, is authorized to discon-
tinue as parkland, alienate and convey the lands  described  in  section
four  of this act for such purposes as are consistent with the village's
comprehensive plan, as such plan may be modified in accordance with  the
requirements of such plan.
  S 3. The authorization contained in section two of this act shall take
effect  only  upon  the  condition  that the village of Wappingers Falls
dedicate the land described in section five of this act as parkland.  In
the  event the lands described in section five of this act are not equal
to or greater than the fair market value of the lands being alienated by
this act, the village of Wappingers Falls shall dedicate the  difference
between  the  fair market value of the lands being alienated by this act
and the replacement lands towards the  acquisition  of  additional  park
land  and/or  improvements  to  existing  park  land  in  the village of
Wappingers Falls.
  S 4. The lands to be discontinued  as  park  land  and  alienated  and
conveyed  pursuant  to section two of this act are bounded and described
as follows:
  ALL that tract or parcel of land situated in the village of Wappingers
Falls, county of Dutchess, state of New York being part of Parcel No.  1
being bounded and described as follows:
  Parcel 1

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15389-01-4

S. 7733                             2

  Beginning  at a point, said point being at the northwesterly corner of
lands now or formerly Pettit, Liber 1274, Page 72, said point of  begin-
ning  also  being  on the easterly line of Market Street; running thence
along the easterly line of said  Market  Street,  North  01°09'29"  East
45.00  feet;  thence  running  though lands of the village of Wappingers
Falls the  following  course  and  distances:  South  88°35'40"  East  a
distance  of  97.19 feet, North 88°05'35" East a distance of 95.07 feet,
South 89°32'57" East a distance of 122.10 feet, South 00°27'03"  West  a
distance  of  187.33 feet, and North 89°26'08" West a distance of 231.89
feet to a point being on the westerly line  of  lands  now  or  formerly
Tompkins,  Document No.  02-2012-5588; thence running along the easterly
line of said Tompkins and the easterly line of the aforementioned  lands
of  Pettit,  North  06°16'04"  East a distance of 138.68 feet to a point
being at the northeasterly corner of said Pettit, North 88°35'46" West a
distance of 97.00 feet to the point of beginning containing 1.054± acres
of lands.
  S 5. The replacement land to be acquired and dedicated by the  village
of Wappingers Falls, county of Duchess, acting through its village board
of  trustees,  for  use  as  park  land  for public park purposes, is as
follows:
  ALL that tract or parcel of land situated in the village of Wappingers
Falls, county of Dutchess, state of New York being part of Parcels 2 and
3, being bounded and described as follows:
  Parcel 2
  Beginning at a point, said point being distant: North 01°09'29" East a
distance of 184.41 feet and North 83°31'31" West  a  distance  of  40.17
feet  from  the  northwesterly  corner  of lands now or formerly Pettit,
Liber 1274, Page 72, said point of beginning being on the westerly  line
of  Market Street; thence running along the westerly line of said Market
Street the following courses  and  distances:  South  01°09'29"  West  a
distance  of 186.99 feet, South 04°24'54" West a distance of 63.81 feet,
South 13°09'11" West a distance of 24.20 feet, South  21°00'47"  West  a
distance  of 35.25 feet, South 21°00'47" West a distance of 116.98 feet,
South 27°35'14" West a distance of 73.16 feet, South  33°57'24"  West  a
distance  of  39.58 feet, South 40°13'50" West a distance of 67.20 feet,
South 43°27'10" West a distance of 86.90 feet, and South 46°41'07"  West
a  distance  of  95.89 feet to the easterly edge of the Wappinger Creek;
thence running northerly along said creek edge and  by  tie  line  North
14°04'30"  East  a distance of 716.84 feet; thence leaving said easterly
edge of the Wappinger Creek and running South 89°25'37" East a  distance
of 123.39 feet to the point of beginning containing 0.9± acres of land.
  Parcel 3
  Beginning  at a point, said point being at the northwesterly corner of
lands now of formerly Pettit, Liber 1274, Page 72, said point of  begin-
ning  also  being  on the easterly line of Market Street; thence running
along the easterly line of said Market Street the following courses  and
distances: North 01°09'29" East a distance of 184.41 feet, on a curve to
the right having a radius of 100.00 feet and an arc length of 60.58 feet
and  South  87°45'09" East a distance of 298.15 feet to a point being at
the intersection of said easterly line of Market Street with the wester-
ly line of said Dutchess Terrace; thence running along the westerly line
of said Dutchess Terrace, South 03°52'12" East a distance of 312.46 feet
to a point being  on  the  northerly  line  of  lands  now  or  formerly
Lawrence;  thence running along the northerly and westerly lines of said
Lawrence and other lands  of  Lawrence,  Liber  1111,  Page  332,  South
87°45'41"  West  a  distance  of  7.94  feet  and South 20°14'11" West a

S. 7733                             3

distance of 351.47 feet to a point being at the northeasterly corner  of
lands  now  or formerly Egan, Document No.  02-2006-7400; thence running
along the northerly line of said Egan,  North  North  82°59'36"  West  a
distance  of 209.13 feet to a point being at the northwesterly corner of
said Egan, said point also being at the northeasterly  corner  of  lands
now  or  formerly  118  Market  Street,  LLC, Document No. 02-2006-9864;
thence running along the northerly line of said 118 Market Street,  LLC,
North  85°02'26"  West  a  distance of 9.90 feet to a point being at the
southeasterly corner of lands now or formerly Cuchelo, Liber 1748,  Page
496;  thence  running  along  the  easterly line of said Cuchelo and the
easterly lines of lands now or formerly Willsey, Liber 1415,  Page  347,
North  13°29'56" East a distance of 118.00 feet; thence continuing along
the easterly line of said Willsey, North 81°00'31" West  a  distance  of
71.00  feet and North 01°09'17" West a distance of 32.00 feet to a point
being at the northeasterly corner of said Willsey, said point also being
at the southeasterly corner of land now or formerly  Tompkins,  Document
No.  02-2012-5588;  thence running along the easterly line of said Tomp-
kins and the easterly line of the aforementioned lands of Pettit,  North
06°16'04"  East a distance of 165.00 feet to the northeasterly corner of
said Pettit; thence leaving said northeasterly corner and running  along
the  northerly  line  of said Pettit, North 88°35'46" West a distance of
97.00 feet to the point of beginning containing 5.372± acres of land.
  S 6. If the land that is the subject of this act has received  funding
pursuant to the federal land and water conservation fund, the discontin-
uance  of  parklands  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 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 discontinued.
  S 7. This act shall take effect immediately.

S7733A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9896A
Law Section:
Real Property

S7733A (ACTIVE) - Bill Texts

view summary

Authorizes the village of Wappinger Falls to alienate and convey parkland and acquire other parcels of land to replace such parkland.

view sponsor memo
BILL NUMBER:S7733A

TITLE OF BILL: An act authorizing and validating the alienation of
certain parkland in the village of Wappingers Falls in the county of
Dutchess

PURPOSE OR GENERAL IDEA OF BILL: To validate and authorize the
alienation and substitution of certain parkland in the village of
Wappingers Falls in the county of Dutchess.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 validates and authorizes the alienation of the village-owned
parklands described in section four of this act.

Section 2 authorizes the village of Wappingers Falls to alienate the
village-owned parkland delineated as Parcel No. 1 in section four of
this act.

Section 3 makes the alienation of Parcel No. 1 authorized in section
two subject to the village of Wappingers Falls dedicating the lands
delineated as Parcels No. 2 and 3 in section five as parklands.

Section 4 describes the lands to be discontinued as parklands. Section
5 describes the lands to be dedicated as parklands. Section 6 provides
the immediate effective date.

JUSTIFICATION: The enactment of this legislation will authorize and
validate the village of Wappingers Falls' alienation of a portion of
James J. Temple Memorial Park and will add two parcels of parkland as
replacement parkland of greater acreage and recreational value. One of
the parcels proposed for new parkland contains a highway garage which
can be repurposed for more suitable parkland with access to the Hudson
River Estuary in accordance with the village's comprehensive plan,
which calls for the garage's repurposing with this stated goal. The
village has also received a donation of private land to form a
proposed addition to the Greenway Trail through Wappingers Falls.

This legislation has been requested by the village of Wappingers
Falls.

PRIOR LEGISLATIVE HISTORY: This is a 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
________________________________________________________________________

                                 7733--A

                            I N  S E N A T E

                              June 3, 2014
                               ___________

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

AN ACT authorizing and validating the alienation of certain parkland  in
  the village of Wappingers Falls in the county of Dutchess

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

  Section 1. Notwithstanding any other provisions of law to the  contra-
ry, but subject to this act, the alienation of the parkland described in
sections  four  and five of this act is hereby authorized and validated,
notwithstanding the absence of prior legislative approval.
  S 2. Subject to the provisions of this act, the village of  Wappingers
Falls,  Dutchess  County,  acting  by  and through its village board, is
authorized to discontinue and alienate as parkland the  lands  described
in section four of this act for such purposes as are consistent with the
village's  comprehensive  plan, which may be modified in accordance with
the requirements of such plan.
  S 3. The authorizations provided in section two of this act  shall  be
effective  only upon the condition that the village of Wappingers Falls,
Dutchess County, dedicate lands of equal or greater  fair  market  value
described in section five of this act as additional parklands.
  S  4.  The  lands  to  be  discontinued  as parkland and alienated and
conveyed pursuant to section two of this act are bounded  and  described
as follows:
  ALL that tract or parcel of land situated in the village of Wappingers
Falls, county of Dutchess, state of New York being bounded and described
as follows:
  Beginning  at a point, said point being at the northwesterly corner of
lands now or formerly Pettit, Liber 1274, Page 72, said point of  begin-
ning  also  being  on the easterly line of Market Street; running thence
along the easterly line of said  Market  Street,  North  01°09'29"  East
45.00  feet;  thence  running  though lands of the village of Wappingers
Falls the  following  course  and  distances:  South  88°35'40"  East  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15389-07-4

S. 7733--A                          2

distance  of  97.19 feet, North 88°05'35" East a distance of 95.07 feet,
South 89°32'57" East a distance of 122.10 feet, South 00°27'03"  West  a
distance  of  187.33 feet, and North 89°26'08" West a distance of 231.89
feet  to  a  point  being  on the westerly line of lands now or formerly
Tompkins, Document No.  02-2012-5588; thence running along the  easterly
line  of said Tompkins and the easterly line of the aforementioned lands
of Pettit, North 06°16'04" East a distance of 138.68  feet  to  a  point
being at the northeasterly corner of said Pettit, North 88°35'46" West a
distance of 97.00 feet to the point of beginning containing 1.054± acres
of lands.
  S  5. The village of Wappingers Falls, Dutchess County, acting through
its village board, shall dedicate replacement lands for use as  parkland
for public park purposes, with such replacement lands, being of equal or
greater fair market value, as follows:
  Parcel 1
  Beginning at a point, said point being distant: North 01°09'29" East a
distance  of  184.41  feet  and North 83°31'31" West a distance of 40.17
feet from the northwesterly corner of  lands  now  or  formerly  Pettit,
Liber  1274, Page 72, said point of beginning being on the westerly line
of Market Street; thence running along the westerly line of said  Market
Street  the  following  courses  and  distances:  South 01°09'29" West a
distance of 186.99 feet, South 04°24'54" West a distance of 63.81  feet,
South  13°09'11"  West  a distance of 24.20 feet, South 21°00'47" West a
distance of 35.25 feet, South 21°00'47" West a distance of 116.98  feet,
South  27°35'14"  West  a distance of 73.16 feet, South 33°57'24" West a
distance of 39.58 feet, South 40°13'50" West a distance of  67.20  feet,
South  43°27'10" West a distance of 86.90 feet, and South 46°41'07" West
a distance of 95.89 feet to the easterly edge of  the  Wappinger  Creek;
thence  running  northerly  along  said creek edge and by tie line North
14°04'30" East a distance of 716.84 feet; thence leaving  said  easterly
edge  of the Wappinger Creek and running South 89°25'37" East a distance
of 123.39 feet to the point of beginning containing 0.9± acres of land.
  Parcel 2
  Beginning at the northeast corner of the lands  of  Creekside  Springs
LLC  and  said  point being the northwesterly corner of the lands of the
Village of Wappinger Falls, thence in a southerly and westerly direction
along th lands of the Village of Wappinger Falls the  following  courses
and  distances,  SOUTH 07-38-57 WEST 32.33 feet to a point, thence SOUTH
15-13-27 WEST 524.63 feet to a point, thence SOUTH 73-41-57 WEST  283.00
feet to a point along the easterly line of Franklindale Avenue (undevel-
oped), thence in a northerly direction along the easterly line of Frank-
lindale  Avenue, NORTH 10-46-03 EAST 102.50 feet to a point, thence in a
easterly and northerly direction over and through the lands of Creekside
Springs LLC the following courses and distances, thence  NORTH  79-13-57
EAST  35.00 feet to a point, thence SOUTH 10-46-03 EAST 63.95 feet to  a
point, thence NORTH 73-41-57 EAST 139.03 feet to a point,  thence  NORTH
27-58-58  EAST 331.26 feet to a point, thence NORTH 15-13-27 EAST 256.98
feet to a point along the northerly  line  of  the  lands  of  Creekside
Springs,  thence  in  a  easterly  direction along the northerly line of
Creekside Springs, SOUTH 78-18-49 EAST 30.80 feet to the point of begin-
ning. Containing 0.94 acres of land, more or less
  S 6. The conveyances authorized by the provisions of  this  act  shall
not  occur  until  the village of Wappingers Falls, Dutchess County, has
complied with any federal requirements pertaining to the  alienation  or
conversion of parklands, including satisfying the secretary of the inte-
rior  with  all  conditions  which  the  secretary of the interior deems

S. 7733--A                          3

necessary to assure that the substitution of other lands  be  equivalent
in  fair  market  value  and  recreational usefulness to the lands being
alienated or converted.
  S 7. This act shall take effect immediately.

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