NY State Senate Bill 2017-S8857

Senate Bill S8857

Signed By Governor

2017-2018 Legislative Session

Relates to the description of certain lands to be excepted as necessary for above-ground appurtenances

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
Dec 07, 2018	signed chap.393
Nov 27, 2018	delivered to governor
Jun 19, 2018	returned to senate passed assembly home rule request home rule request ordered to third reading rules cal.258 substituted for a10867
Jun 13, 2018	referred to local governments delivered to assembly passed senate home rule request
Jun 12, 2018	ordered to third reading cal.1739 committee discharged and committed to rules
May 25, 2018	referred to local government

Votes

- Jun 13, 2018 - Floor Vote
  S8857
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  Jun 12, 2018 - Rules Committee Vote
  S8857
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky

2017-S8857 (ACTIVE) - Details

See Assembly Version of this Bill:: A10867
Law Section:: Mamaroneck, Village of
Laws Affected:: Amd §4, Chap 725 of 1984

2017-S8857 (ACTIVE) - Summary

Relates to the description of certain lands to be excepted as necessary for above-ground appurtenances in the village of Mamaroneck.

2017-S8857 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8857

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend chapter 725 of the laws of 1984 relat-
ing to authorizing the village of Mamaroneck, Westchester county, to
sell and convey both permanent and temporary easements in certain park
lands to the county of Westchester, for the purpose of construction,
operation and maintenance of a sanitary sewage pumping station, pipe-
lines and outfall, in relation to the description of certain lands to be
excepted as necessary for above-ground appurtenances

 
PURPOSE OR GENERAL IDEA OF BILL:

Amends chapter 725 of the laws of 1984, as added by chapter 268 of the
laws of 2017, relating to authorizing the village of Mamaroneck, West-
chester county, to sell and convey both permanent and temporary ease-
ments in certain park lands to the county of Westchester, in relation to
the description of certain lands to be excepted as necessary for above-
ground appurtenances.

 
SUMMARY OF PROVISIONS:

Section 1 amends the description of the lands to be conveyed by the
county of Westchester to the village of Mamaroneck in section 4 of chap-
ter 266 of the laws of 2017.

Section 2 provides that the act shall take' effect on the same date and
in the same manner as chapter 266 of the laws of 2017, takes effect.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

n/a

 
JUSTIFICATION:

This home rule legislation has been requested by the Village of Mamaro-
neck. By Chapter 725 of the Laws of 1984, as added h chapter 266 of the
laws of 2017, the Legislature authorized the Village of Mamaroneck to
grant an easement to the County of Westchester for the purpose of
constructing a sanitary sewage pump station and the necessary sanitary
sewage pipelines in Harbor Island Park. Federal and state laws require
that when park land is discontinued, alienated or converted, that lands
of equal or greater fair market value be dedicated as parkland and/or
for capital improvements to existing park and recreational facilities.
This bill amends the description of the land to be conveyed by the coun-
ty of Westchester to the village of Mamaroneck.

 
PRIOR LEGISLATIVE HISTORY:

new bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

n/a

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 266 of the laws of 2017, takes effect.

2017-S8857 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8857
 
                             I N  S E N A T E
 
                               May 25, 2018
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend chapter 725 of the laws of 1984 relating to  authorizing
   the village of Mamaroneck, Westchester county, to sell and convey both
   permanent  and temporary easements in certain park lands to the county
   of Westchester, for the purpose of construction, operation and mainte-
   nance of a sanitary sewage pumping station, pipelines and outfall,  in
   relation  to the description of certain lands to be excepted as neces-
   sary for above-ground appurtenances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4 of chapter 725 of the laws of 1984 relating to
 authorizing the village of Mamaroneck, Westchester county, to  sell  and
 convey  both  permanent and temporary easements in certain park lands to
 the county of Westchester, for the purpose  of  construction,  operation
 and  maintenance  of  a  sanitary  sewage pumping station, pipelines and
 outfall, as added by chapter 266 of the laws of 2017, is amended to read
 as follows:
   § 4. Prior to  the  discontinuance  and  alienation  of  the  parkland
 described  in  section  three  of  this  act, the county of Westchester,
 acting through its county legislature, shall convey to  the  village  of
 Mamaroneck,  and  the  village  of Mamaroneck shall dedicate replacement
 lands for use as parkland for public park purposes, with  such  replace-
 ment lands, being of equal or greater fair market value, as follows:
   [All  that  tract or parcel of land situate in the village and town of
 Mamaroneck, Westchester County, New York State  and  being  bounded  and
 described  as  follows:  All  that certain plot, piece or parcel of land
 situate in the Village of Mamaroneck, within  the  Town  of  Mamaroneck,
 County of Westchester, State of New York, more particularly described as
 follows: Commencing at monument on the southeasterly side of Boston Post
 Road,  said  point  being  the  southwesterly  corner  of  the County of
 Westchester's Department of Environmental Facilities parcel, whose  2017
 town  of Mamaroneck tax designation is 9-19-231; thence along the south-
 easterly bounds of Boston Post Road, North 39° 39' 02" East, 263.75 feet

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

                       [ ] is old law to be omitted.
                                                            LBD13308-02-7

 S. 8857                             2

 to a monument; thence along the southeasterly bounds of Boston Post Road
 North 29° 39' 12" East, 570.10 feet to the northwesterly corner  of  the
 County  of  Westchester's Department of Environmental Facilities parcel,
 said  point being the point and place of beginning; thence North 82° 54'
 22" East, 5.22 feet to the westerly bounds of Mamaroneck Avenue;  thence
 along  the  westerly bounds of Mamaroneck Avenue South 14° 16' 48" East,
 36.39 feet; thence North 84° 45' 26" West, 32.32 feet to the  southeast-
 erly  bounds  of Boston Post Road; thence along the southeasterly bounds
 of Boston Post Road North 29° 39' 12" East, 36.44 feet to the point  and
 place  of  beginning, containing 630.46 square feet or 0.014 Acres, more
 or less.]
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE IN THE  VILLAGE
 OF  MAMARONECK,  WITHIN  THE  TOWN OF MAMARONECK, COUNTY OF WESTCHESTER,
 STATE OF NEW YORK, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
 MONUMENT ON THE SOUTHEASTERLY SIDE OF BOSTON POST ROAD, SAID POINT BEING
 THE SOUTHWESTERLY CORNER OF THE COUNTY OF  WESTCHESTER'S  DEPARTMENT  OF
 ENVIRONMENTAL  FACILITIES  PARCEL,  WHOSE  2017  TOWN  OF MAMARONECK TAX
 DESIGNATION IS 9-19-231; THENCE ALONG THE SOUTHEASTERLY BOUNDS OF BOSTON
 POST ROAD, NORTH 39° 39' 02" EAST, 263.75 FEET  TO  A  MONUMENT;  THENCE
 ALONG  THE  SOUTHEASTERLY  BOUNDS  OF BOSTON POST ROAD NORTH 29° 39' 12"
 EAST,  549.43  FEET  TO  THE  NORTHWESTERLY  CORNER  OF  THE  COUNTY  OF
 WESTCHESTER'S  DEPARTMENT  OF  ENVIRONMENTAL  FACILITIES  PARCEL AND THE
 SOUTHWESTERLY CORNER OF THE LANDS OF THE NEW YORK  STATE  DEPARTMENT  OF
 TRANSPORTATION  (NYSDOT),  AS SHOWN ON MAP NUMBER 28526 THAT IS FILED IN
 THE LAND RECORDS DIVISION OF THE WESTCHESTER  COUNTY  CLERK  AND  TITLED
 "NEW YORK STATE DEPARTMENT OF TRANSPORTATION ACQUISITION MAP, MAMARONECK
 VILLAGE-BOSTON  POST  ROAD  S.H.  NO.  5726,  MAP NO. 15, PARCEL NO. 15,
 SHEETS 1+2", DATED MAY 25, 2010 BY MICHAEL  PARRELLA  L.S.,  SAID  POINT
 BEING  THE  POINT  AND  PLACE  OF  BEGINNING; THENCE ALONG THE SOUTHERLY
 BOUNDS OF THE LANDS OF THE NYSDOT, NORTH 68° 48' 48" EAST,  11.81  FEET;
 THENCE  ALONG THE SOUTHERLY BOUNDS OF THE LANDS OF THE NYSDOT, SOUTH 41°
 36' 37" EAST, 16.97 FEET TO THE WESTERLY BOUNDS  OF  MAMARONECK  AVENUE;
 THENCE ALONG THE WESTERLY BOUNDS OF MAMARONECK AVENUE, SOUTH 14° 16' 48"
 EAST,  15.32 FEET; THENCE ALONG THE NORTHERLY BOUNDS OF THE LANDS OF THE
 AFOREMENTIONED  COUNTY  OF  WESTCHESTER'S  DEPARTMENT  OF  ENVIRONMENTAL
 FACILITIES  PARCEL, NORTH 84° 31' 18" WEST, 37.45 FEET TO THE SOUTHEAST-
 ERLY BOUNDS OF BOSTON POST ROAD; THENCE ALONG THE  SOUTHEASTERLY  BOUNDS
 OF  BOSTON POST ROAD NORTH 29° 39' 12" EAST, 22.66 FEET TO THE POINT AND
 PLACE OF BEGINNING. CONTAINING 630.50 SQUARE FEET OR 0.014  ACRES,  MORE
 OR LESS.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 266 of the laws of 2017, takes effect.

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