S T A T E O F N E W Y O R K
________________________________________________________________________
6524
2017-2018 Regular Sessions
I N S E N A T E
May 31, 2017
___________
Introduced by Sen. SERINO -- 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 city of Poughkeepsie, in the county of Dutchess,
to discontinue the use of certain lands as parklands and to sell and
convey such lands, which are no longer needed for park purposes
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 but notwithstanding
any provision of general, special or local law to the contrary, the city
of Poughkeepsie, in the county of Dutchess is hereby authorized, acting
by and through its Common Council and upon such terms and conditions as
determined by such legislative body, to discontinue the use of the muni-
cipally owned parklands and alienate the lands more particularly
described in section three of this act, and to use such property for the
construction of a new drinking reservoir and to dedicate as parkland the
lands upon which the former drinking water reservoir was constructed and
lands encompassing the former open reservoir more particularly described
in section four of this act.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the city of Poughkeepsie dedicate
the property described in section four of this act for the purpose of
parklands and recreational purposes within the city.
§ 3. The land to be discontinued as parklands and alienated and
conveyed by the city of Poughkeepsie is bounded and described as
follows:
All that certain plot, piece or parcel of land lying and being in the
city of Poughkeepsie and the county of Dutchess in the state of New York
and being more particularly described as follows:
BEGINNING at a point in the northwesterly bounds of the herein
described parcel, said point being S 52°57'21" E 567.32 ft. from the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11826-02-7
S. 6524 2
intersection of the assumed southeasterly bounds of North Clinton
Street, and the assumed southerly front corner of lands now or formerly
owned by Donald F. Mariano, Tax Map Lot 340485, and proceeding on the
following courses and distances:
1. North: 48°15'32" East: 182.87 ft.; thence
2. North: 62°49'04" East: 128.97 ft.; thence
3. South: 41°48'20" East: 138.96 ft.; thence
4. South: 48°15'31" West: 307.75 ft.; thence
5. North: 41°45'36" West: 177.38 ft. to the point and place of begin-
ning,
Containing 1.21 acres, more or less.
§ 4. The city of Poughkeepsie, acting through its governing body,
shall dedicate the replacement lands, for use as parkland, described as
follows:
PARCEL 1 - Open Reservoir site to be dedicated parkland:
All that certain plot, piece or parcel of land lying and being in the
city of Poughkeepsie and the county of Dutchess in the state of New York
and being more particularly described as follows:
BEGINNING at a point in the northwesterly bounds of the herein
described parcel, said point being S 84°44'03" E 881.03 ft. from the
intersection of the assumed southeasterly bounds of North Clinton
Street, and the assumed southerly front corner of lands now or formerly
owned by Donald F. Mariano, Tax Map Lot 340485, and proceeding on the
following courses and distances:
1. North: 58°10'20" East: 294.58 ft.; thence
2. North: 69°12'51" East: 111.19 ft.; thence
3. On a curve to the right having a radius of 71.66 ft. and arc length
of 99.23 ft.; thence
4. South: 27°51'38" East: 140.37 ft.; thence
5. South: 41°02'28" West: 89.45 ft.; thence
6. South 63°23'48" West: 271.78 ft.; thence
7. South 52°59'51" West: 79.27 ft.; thence
8. South: 62°05'42" West: 81.62 ft.; thence
9. North: 68°20'55" West: 59.35 ft.; thence
10. On a curve to the right having a radius of 117.69 ft. and arc
length of 265.19 ft. to the point and place of beginning,
Containing 3.03 acres, more or less.
Parcel 2 - Underground Reservoir site to be dedicated as parkland:
All that certain plot, piece or parcel of land lying and being in the
city of Poughkeepsie and the county of Dutchess in the state of New York
and being more particularly described as follows:
BEGINNING at a point in the northeasterly bounds of the herein
described parcel, said point being S 45°04'38" E 641.46 ft. from the
intersection of the assumed southeasterly bounds of North Clinton
Street, and the assumed southerly front corner of lands now or formerly
owned by Donald F. Mariano, Tax Map Lot 340485, and proceeding on the
following courses and distances:
1. South: 72°45'42" East: 171.33 ft.
2. South: 2°55'20" East: 146.06 ft.
3. South: 28°40'39" West: 203.10 ft.
4. North: 64°44'06" West: 227.40 ft.
5. North: 20°15'34" West: 37.22 ft.
6. North: 30°49'35" East: 282.80 ft. to the point and place of begin-
ning,
Containing 1.74 acres, more or less.
S. 6524 3
§ 5. The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the city of Poughkeepsie
has complied with any federal or state requirements pertaining to the
alienation or conversion of parklands, including satisfying the secre-
tary of the interior that the alienation or conversion complies with all
conditions which the secretary of the interior deems necessary to assure
that the substitution of other lands shall be equivalent in fair market
value and recreational usefulness to the lands being alienated or
converted.
§ 6. In the event that the parklands to be dedicated by the city of
Poughkeepsie pursuant to this act are not of equal or greater fair
market value and usefulness as parklands than the parklands to be
discontinued, the city of Poughkeepsie shall dedicate the difference of
fair market value and/or usefulness of the lands to be alienated and the
lands to be dedicated for the acquisition of additional parklands and/or
capital improvements to existing park and recreational facilities.
§ 7. This act shall take effect immediately.