NY State Senate Bill 2015-S6803A

Senate Bill S6803A

Signed By Governor

2015-2016 Legislative Session

Authorizes the town of Hyde Park to convey easements over parkland for the purpose of constructing and maintaining a public water supply 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
Sep 29, 2016	signed chap.374
Sep 20, 2016	delivered to governor
Jun 14, 2016	returned to senate passed assembly home rule request ordered to third reading rules cal.185 substituted for a9642a
Jun 06, 2016	referred to ways and means delivered to assembly passed senate home rule request
May 11, 2016	amended on third reading 6803a
Apr 11, 2016	advanced to third reading
Apr 06, 2016	2nd report cal.
Apr 05, 2016	1st report cal.530
Feb 24, 2016	referred to local government

Votes

- Jun 6, 2016 - Floor Vote
  S6803A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Apr 5, 2016 - Local Government Committee Vote
  S6803A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 5, 2016
      
      aye (8)
      
      Boyle
      
      Hoylman-Sigal
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Valesky
      
      excused (1)
      
      Panepinto

Bill Amendments

Original

A (Active)

2015-S6803 - Details

See Assembly Version of this Bill:: A9642
Law Section:: Dutchess County

2015-S6803 - Summary

Authorizes the town of Hyde Park to convey to the Greenfields Town Water District an easement through land located in the town's Greenfields Park currently utilized as a public ground water supply with underground water mains, electrical lines and well heads as a part of the existing public water supply system.

2015-S6803 - Sponsor Memo

                                 BILL NUMBER:  S6803

 TITLE OF BILL :  An act to authorize the town of Hyde Park to convey
to the Greenfields Town Water District, a special district of the town
of Hyde Park, an easement through land located in the town's
Greenfields Park currently utilized as a public ground water supply
with underground water mains, electrical lines and well heads as a
part of the existing public water supply system

 PURPOSE :  This legislation authorizes the town of Hyde Park to
convey an easement through a town park for the purpose of enabling the
Greenfields Town Water District to own, construct, and repair when
necessary, public water supply wells, water mains, electrical lines,
and associated infrastructure as a part of the existing water supply
system.

 SUMMARY OF PROVISIONS :

Section 1: Authorizes the town of Hyde Park to convey to the board of
commissioners of the Greenfields Town Water District an easement in
Greenfields Parks for the purpose of enabling such water district to
own, construct, and repair when necessary, public water supply wells,
water mains, electrical lines, and associated infrastructure as a part
of the existing water supply system. Upon completion of any repairs or
construction, the surface of the lands and the lands shall be restored
and continue to be used for park purposes.

Section 2: Provides that the town of Hyde Park shall dedicate an
amount equal to or greater than the fair market value of the easement
interest being alienated to the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.

Section 3: Specifies the boundaries of the easements to be conveyed by
the Greenfields Town Water District.

Section 4: Provides the effective date.

 JUSTIFICATION :  This legislation was requested by town of Hyde Park
in order to authorize them to convey an easement in Greenfields Park
as part of an effort to transfer the Greenfields Water System from
Hyde Park to the Dutchess County Water and Wastewater Authority
(DCWWA). Benefits of such a transfer could include an improvement in
efficiency and quality of service of delivery, maintaining rates as
low as possible, as well as improved efficiencies, services, and
savings town-wide as local officials will no longer need to
concentrate their efforts on operating and managing the Greenfields
Water System.

The town of Hyde Park has expressed concerns over their ability to
adequately finance and maintain the water system, especially given its
aging infrastructure. In the view of the town, the DCWWA is better
equipped to manage such a water system and ultimately, a transfer of
the Greenfields Water System to the DCWWA will be beneficial for those
currently serviced by the Greenfields Town Water District

 LEGISLATIVE HISTORY : New Bill.

 FISCAL IMPLICATIONS : None to the state.

 EFFECTIVE DATE :  This act shall take effect immediately.

2015-S6803 - Bill Text download pdf

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

                                  6803

                            I N  S E N A T E

                            February 24, 2016
                               ___________

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

AN ACT to authorize the town of Hyde Park to convey to  the  Greenfields
  Town  Water  District, a special district of the town of Hyde Park, an
  easement through land located in the town's Greenfields Park currently
  utilized as a public ground water supply with underground water mains,
  electrical lines and well heads as a part of the existing public water
  supply system

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

  Section  1.  The  town  of  Hyde  Park, acting by and through its town
board, is hereby authorized to convey by appropriate instruments to  the
board  of commissioners of the Greenfields Town Water District, an ease-
ment in Greenfields Park described in section three of this act, for the
purpose of enabling such water district to own,  construct,  and  repair
when necessary, public water supply wells, water mains, electrical lines
and  associated  infrastructure  as  a part of the existing public water
supply system. Upon completion  of  any  repairs  or  construction,  the
Greenfields  Town  Water District shall restore the surface of the lands
and the lands shall continue to be used for park purposes.
  S 2. The authorization provided in section one of this  act  shall  be
effective only upon the condition that the town of Hyde Park dedicate an
amount  equal  to  or greater than the fair market value of the easement
interest being alienated pursuant to section one  of  this  act  to  the
acquisition  of  new  parklands  and/or capital improvements to existing
park and recreational facilities.
  S 3. The easements to  be  conveyed  by  the  Greenfields  Town  Water
District  pursuant  to  the  provisions  of  this  act  are described as
follows:
Wellhead Access and Utility Easement No. 1:
ALL that plot piece or parcel of land, being an easement for the purpose
of ingress, egress, maintenance and repair, located in the Town of  Hyde
Park, County of Dutchess and State of New York, bounded and described as
follows:

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

                                                           LBD13958-01-6

S. 6803                             2

Beginning  at  a  point,  said point being distant: North 01°16'42" West
48.18 feet, North 03°37'12" West 17.50 feet, South 80°13'28" East 152.68
feet, North 84°22'54" East 32.91 feet, North 80°17'18" East  88.90  feet
and  North  00°19'34"  West  16.93 feet from the southwesterly corner of
lands  now  or formerly the Town of Hyde Park (recreation parcel), Liber
1493, Page 526; thence leaving  said  point  of  beginning  and  running
through  the  aforementioned  lands of the Town of Hyde Park (recreation
parcel) the following courses and distances: North 43°35'42" West 123.22
feet, North 32°52'40" West 143.41 feet, North 44°58'37" West 54.47  feet
on  a curve to the right having a radius of 30.00 feet and an arc length
of 157.08 feet, South 44°58'37" East 57.65 feet,  South  32°52'40"  East
143.78  feet,  South  43°35"42" East 77.69 feet and South 08°30'59" East
52.20 feet to the point of beginning containing 0.270± acres of land.
Wellhead Access and Utility Easement No. 3:
ALL that plot piece or parcel of land, being an easement for the purpose
of ingress, egress, maintenance and repair, located in the Town of  Hyde
Park, County of Dutchess and State of New York, bounded and described as
follows:
Beginning  at  a  point,  said point being distant: North 84°22'54" East
185.26 feet, North 80°17'18" East 97.51 feet, North 67°52'46" East 98.11
feet and on a curve to the left having a radius of 30.00 feet and an arc
length of 40.49 feet; thence leaving said point of beginning and running
through the aforementioned lands of the Town of  Hyde  Park  (recreation
parcel)  the following courses and distances: South 76°14'45" West 39.04
feet, North 27°33'10" East 34.29 feet, North 11°48'01" East 179.43  feet
on  a curve to the right having a radius of 30.00 feet and an arc length
of 78.13 feet, North 23°51'46" West 346.61 feet,  South  27°38'42"  East
496.20  feet,  South  14°46'22" East 105.81 feet to a point being on the
northerly  line  of  the  aforementioned  lands  of  Greenfields   Water
District;  thence  running  along the northerly line of said Greenfields
Water District, South 67°52'46" West  24.00  feet;  thence  leaving  the
northerly  line  of  said Greenfields Water District and running through
the aforementioned lands of the Town of Hyde  Park  (recreation  parcel)
the  following  courses  and distances: North 18°45'56" West 90.00 feet,
North 23°51'46" West 110.54 feet, on a curve to the right having a radi-
us of 30.00 feet and an arc length of 15.73 feet, South  11°48'01"  West
186.36  feet  and South 27°33'10" West 12.07 feet to the point of begin-
ning containing 0.445± acres of land.
Wellhead Access and Utility Easement No. 4:
ALL that plot piece or parcel of land, being an easement for the purpose
of ingress, egress, maintenance and repair, located in the Town of  Hyde
Park, County of Dutchess and State of New York, bounded and described as
follows:
Beginning  at  a point, said point being distant: On a curve to the left
having a radius of 25.00 feet and an arc length  of  40.48  feet,  North
80°52'48"  East 54.73 feet and on a curve to the left having a radius of
100.00 feet and an arc length of 22.89 feet, from  the  intersection  of
the  easterly  line of Cream Street (County Route 39) with the northerly
line of Windmill Road, said point of beginning being  on  the  northerly
line  of  Windmill  Road  and  said point being on the southerly line of
lands now or formerly Town of Hyde Park (recreation parcel), Liber 1558,
Page 568; thence leaving said northerly road line  and  running  through
said lands of the Town of Hyde Park the following courses and distances:
North  01°43'18" West 33.06 feet, on a curve to the left having a radius
of 70.00 feet and an arc length of  36.08  feet,  North  28°42'28"  East
117.48  feet,  North 45°50'44" West 111.25 feet, on a curve to the right

S. 6803                             3

having a radius of 30.00 feet and an arc length  of  75.27  feet,  North
19°22'33"  East  279.30  feet  and  North 40°20'33" West 41.56 feet to a
point being on the easterly line of said Town of Hyde  Park  (recreation
parcel),  said  point  also  being  on the westerly line of lands now or
formerly Greenfields Sewer  District,  Liber  1493,  Page  5109;  thence
running  along  said  division line, North 77°05'28" East 41.88 feet and
South 11°53'12" East 78.01 feet; thence leaving said division  line  and
running  through  the  aforementioned  lands  of  the  Town of Hyde Park
(recreation parcel) the following courses and distances: South 19°22'33"
East 244.63 feet, on a curve to the right having a radius of 30.00  feet
and  an arc length of 23.52 feet and South 45°50'44" East 131.32 feet to
a point being on the northerly line of the aforementioned Windmill Road;
thence running along said road line, South 28°42'28"  West  150.69  feet
and  on  a  curve to the right having a radius of 100.00 feet and an arc
length of 68.17 feet to the point of beginning containing  0.572±  acres
of land.
  S 4. This act shall take effect immediately.

2015-S6803A (ACTIVE) - Details

See Assembly Version of this Bill:: A9642
Law Section:: Dutchess County

2015-S6803A (ACTIVE) - Summary

2015-S6803A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6803A

 TITLE OF BILL :  An act to authorize the town of Hyde Park to convey
to the Greenfields Town Water District, a special district of the town
of Hyde Park, an easement through land located in the town's
Greenfields Park currently utilized as a public ground water supply
with underground water mains, electrical lines and well heads as a
part of the existing public water supply system

 PURPOSE :

This legislation authorizes the town of Hyde Park to convey an
easement through a town park for the purpose of enabling the
Greenfields Town Water District to own, construct, and repair when
necessary, public water supply wells, water mains, electrical lines,
and associated infrastructure as a part of the existing water supply
system.

 SUMMARY OF PROVISIONS :

Section 1: Authorizes the town of Hyde Park to convey to the board of
commissioners of the Greenfields Town Water District a permanent
easement in Greenfields Parks for the purpose of enabling such water
district to own, construct, and repair when necessary, public water
supply wells, water mains, electrical lines, and associated
infrastructure as a part of the existing water supply system. Upon

completion of any repairs or construction, the surface of the lands
and the lands shall be restored and continue to be used for park
purposes.

Section 2: Provides that the town of Hyde Park shall dedicate an
amount equal to or greater than the fair market value of the easement
interest being alienated to the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.

Section 3: Specifies the boundaries of the easements to be conveyed by
the Greenfields Town Water District.

Section 4: Provides that, in the event that the town of Hyde Park
received any funding support or assistance from the federal government
for the purchase, maintenance or improvement of the parklands set
forth in section three of this act, the discontinuance and alienation
of such parklands shall not occur until the town of Hyde park has
complied with any federal requirements pertaining to the alienation or
conversion of such parklands.

Section 5: Provides the effective date.

 JUSTIFICATION :

This legislation was requested by town of Hyde Park in order to
authorize them to convey an easement in Greenfields Park as part of an
effort to transfer the Greenfields Water System from Hyde Park to the
Dutchess County Water and Wastewater Authority (DCWWA). Benefits of
such a transfer could include an improvement in efficiency and quality
of service of delivery, maintaining rates as low as possible, as well
as improved efficiencies, services, and savings town-wide as local
officials will no longer need to concentrate their efforts on
operating and managing the Greenfields Water System.

The town of Hyde Park has expressed concerns over their ability to
adequately finance and maintain the water system, especially given its
aging infrastructure. In the view of the town, the DCWWA is better
equipped to manage such a water system and ultimately, a transfer of
the Greenfields Water System to the DCWWA will be beneficial for those
currently serviced by the Greenfields Town Water District.
 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6803A (ACTIVE) - Bill Text download pdf

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

                                 6803--A
    Cal. No. 530

                            I N  S E N A T E

                            February 24, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to authorize the town of Hyde Park to convey to the Greenfields
  Town Water District, a special district of the town of Hyde  Park,  an
  easement through land located in the town's Greenfields Park currently
  utilized as a public ground water supply with underground water mains,
  electrical lines and well heads as a part of the existing public water
  supply system

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

  Section 1. The town of Hyde Park,  acting  by  and  through  its  town
board,  is hereby authorized to convey by appropriate instruments to the
board of commissioners of the Greenfields Town Water District, a  perma-
nent  easement  in  Greenfields  Park described in section three of this
act, for the purpose of enabling such water district to own,  construct,
and repair when necessary, public water supply wells, water mains, elec-
trical  lines  and  associated  infrastructure as a part of the existing
public  water  supply  system.  Upon  completion  of  any   repairs   or
construction,  the  Greenfields  Town  Water  District shall restore the
surface of the lands and the lands shall continue to be  used  for  park
purposes.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the town of Hyde Park dedicate an
amount equal to or greater than the fair market value  of  the  easement
interest  being  alienated  pursuant  to  section one of this act to the
acquisition of new parklands and/or  capital  improvements  to  existing
park and recreational facilities.
  S  3.  The  easements  to  be  conveyed  by the Greenfields Town Water
District pursuant to  the  provisions  of  this  act  are  described  as
follows:
Wellhead Access and Utility Easement No. 1:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13958-03-6

S. 6803--A                          2

ALL that plot piece or parcel of land, being an easement for the purpose
of  ingress, egress, maintenance and repair, located in the Town of Hyde
Park, County of Dutchess and State of New York, bounded and described as
follows:
Beginning  at  a  point,  said point being distant: North 01°16'42" West
48.18 feet, North 03°37'12" West 17.50 feet, South 80°13'28" East 152.68
feet, North 84°22'54" East 32.91 feet, North 80°17'18" East  88.90  feet
and  North  00°19'34"  West  16.93 feet from the southwesterly corner of
lands now or formerly the Town of Hyde Park (recreation  parcel),  Liber
1493,  Page  526;  thence  leaving  said  point of beginning and running
through the aforementioned lands of the Town of  Hyde  Park  (recreation
parcel) the following courses and distances: North 43°35'42" West 123.22
feet,  North 32°52'40" West 143.41 feet, North 44°58'37" West 54.47 feet
on a curve to the right having a radius of 30.00 feet and an arc  length
of  157.08  feet,  South 44°58'37" East 57.65 feet, South 32°52'40" East
143.78 feet, South 43°35"42" East 77.69 feet and  South  08°30'59"  East
52.20 feet to the point of beginning containing 0.270± acres of land.
Wellhead Access and Utility Easement No. 3:
ALL that plot piece or parcel of land, being an easement for the purpose
of  ingress, egress, maintenance and repair, located in the Town of Hyde
Park, County of Dutchess and State of New York, bounded and described as
follows:
Beginning at a point, said point being  distant:  North  84°22'54"  East
185.26 feet, North 80°17'18" East 97.51 feet, North 67°52'46" East 98.11
feet and on a curve to the left having a radius of 30.00 feet and an arc
length of 40.49 feet; thence leaving said point of beginning and running
through  the  aforementioned  lands of the Town of Hyde Park (recreation
parcel) the following courses and distances: South 76°14'45" West  39.04
feet,  North 27°33'10" East 34.29 feet, North 11°48'01" East 179.43 feet
on a curve to the right having a radius of 30.00 feet and an arc  length
of  78.13  feet,  North 23°51'46" West 346.61 feet, South 27°38'42" East
496.20 feet, South 14°46'22" East 105.81 feet to a point  being  on  the
northerly   line  of  the  aforementioned  lands  of  Greenfields  Water
District; thence running along the northerly line  of  said  Greenfields
Water  District,  South  67°52'46"  West  24.00 feet; thence leaving the
northerly line of said Greenfields Water District  and  running  through
the  aforementioned  lands  of the Town of Hyde Park (recreation parcel)
the following courses and distances: North 18°45'56"  West  90.00  feet,
North 23°51'46" West 110.54 feet, on a curve to the right having a radi-
us  of  30.00 feet and an arc length of 15.73 feet, South 11°48'01" West
186.36 feet and South 27°33'10" West 12.07 feet to the point  of  begin-
ning containing 0.445± acres of land.
Wellhead Access and Utility Easement No. 4:
ALL that plot piece or parcel of land, being an easement for the purpose
of  ingress, egress, maintenance and repair, located in the Town of Hyde
Park, County of Dutchess and State of New York, bounded and described as
follows:
Beginning at a point, said point being distant: On a curve to  the  left
having  a  radius  of  25.00 feet and an arc length of 40.48 feet, North
80°52'48" East 54.73 feet and on a curve to the left having a radius  of
100.00  feet  and  an arc length of 22.89 feet, from the intersection of
the easterly line of Cream Street (County Route 39) with  the  northerly
line  of  Windmill  Road, said point of beginning being on the northerly
line of Windmill Road and said point being  on  the  southerly  line  of
lands now or formerly Town of Hyde Park (recreation parcel), Liber 1558,
Page  568;  thence  leaving said northerly road line and running through

S. 6803--A                          3

said lands of the Town of Hyde Park the following courses and distances:
North 01°43'18" West 33.06 feet, on a curve to the left having a  radius
of  70.00  feet  and  an  arc length of 36.08 feet, North 28°42'28" East
117.48  feet,  North 45°50'44" West 111.25 feet, on a curve to the right
having a radius of 30.00 feet and an arc length  of  75.27  feet,  North
19°22'33"  East  279.30  feet  and  North 40°20'33" West 41.56 feet to a
point being on the easterly line of said Town of Hyde  Park  (recreation
parcel),  said  point  also  being  on the westerly line of lands now or
formerly Greenfields Sewer  District,  Liber  1493,  Page  5109;  thence
running  along  said  division line, North 77°05'28" East 41.88 feet and
South 11°53'12" East 78.01 feet; thence leaving said division  line  and
running  through  the  aforementioned  lands  of  the  Town of Hyde Park
(recreation parcel) the following courses and distances: South 19°22'33"
East 244.63 feet, on a curve to the right having a radius of 30.00  feet
and  an arc length of 23.52 feet and South 45°50'44" East 131.32 feet to
a point being on the northerly line of the aforementioned Windmill Road;
thence running along said road line, South 28°42'28"  West  150.69  feet
and  on  a  curve to the right having a radius of 100.00 feet and an arc
length of 68.17 feet to the point of beginning containing  0.572±  acres
of land.
  S  4.    In  the event that the town of Hyde Park received any funding
support or assistance from the  federal  government  for  the  purchase,
maintenance,  or improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland  author-
ized  by the provisions of section one of this act shall not occur until
the town of  Hyde  Park  has  complied  with  any  federal  requirements
pertaining  to the alienation or conversion of such parklands, including
satisfying the secretary of the interior that the alienation or  conver-
sion  complies  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 usefulness to the lands being alien-
ated or converted.
  S 5. This act shall take effect immediately.

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