NY State Senate Bill 2017-S5786

Senate Bill S5786

2017-2018 Legislative Session

Authorizes the commissioner of general services to transfer and convey certain unappropriated state land to the town of Bedford

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 28, 2017	referred to investigations and government operations

2017-S5786 (ACTIVE) - Details

See Assembly Version of this Bill:: A7559
Current Committee:: Senate Investigations And Government Operations
Law Section:: Real Property

2017-S5786 (ACTIVE) - Summary

Authorizes the commissioner of general services to transfer and convey certain unappropriated state land to the town of Bedford to be used exclusively for the purposes of operating and maintaining a wastewater treatment plant and appurtenant facilities and operations.

2017-S5786 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5786

 TITLE OF BILL :

An act authorizing the commissioner of general services to transfer
and convey certain unappropriated state land to the town of Bedford

 PURPOSE OR GENERAL IDEA OF BILL :

Authorizes the commissioner of general services to convey an abandoned
parcel of land to the Town of Bedford for the expansion of a
wastewater treatment facility.

 SUMMARY OF PROVISIONS :

Section one authorizes the commissioner of general services, subject
to the consent of the commissioner of corrections and community
supervision, to transfer and convey to the Town of Bedford, abandoned
state land owned by the department of corrections within the Town of
Bedford, for the sum of one dollar and upon conditions as the
commissioner of general services may deem proper.

Section two provides a geographical description of the land to be
transferred and conveyed.

Section three states that the description within section two is not

intended to be a legal description but intended to identify the parcel
to be conveyed. And that as a condition of the transfer, the Town of
Bedford may submit to the commissioner of general services an accurate
survey and description of the lands to be conveyed, which may be used
in the conveyance thereof.

Section four states that the office of general services shall not
transfer or convey the aforesaid land unless an application is made by
the Town of Bedford within 1 year after the effective date of this act
and that said application shall be in the form of a resolution setting
forth a comprehensive statement approved by its Town Board
acknowledging and accepting the use restrictions set forth within
section five.

Section five establishes that the land shall only be used for the
purpose of operating a wastewater treatment plant and operations as
may be reasonably necessary. If any other purpose is undertaken, it
shall revert back to the State of New York.

Section six sets the effective date.

 JUSTIFICATION :

Over the years, the Department of Corrections and Community
Supervision has assisted in making surplus property available to
municipalities and not-for-profit corporations upon a showing of
important need when the property is no longer needed. In this
instance, a waste water treatment facility, located at the Bedford
Hills Correctional Facility, is no longer needed by the state and is
currently not being used to its maximum potential. The Town of Bedford
seeks to utilize this facility to its maximum output, thereby
increasing wastewater services for the town including the nearby
Business District, residential community and the elementary school. It
would also increase service to the Bedford Correctional Facility. The
transfer would also allow the town to take advantage of grants that
are unavailable to others to substantially improve water and sewer
services. This transfer would also prevent the Town of Bedford from
having to construct its own wastewater facility which would cost
taxpayers millions of dollars.  The transfer of land has received
statements of approval, from the Department of Corrections and
Community Supervision, the New York City Department of Environmental
Protection and the New York State Office of General Services.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Virtually none to the State. Will result in savings for the Town of
Bedford.

 EFFECTS ON FINES, PENAL SANCTIONS AND OTHER PENALTIES :

None

 EFFECTIVE DATE :
Shall take effect immediately

2017-S5786 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5786
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT authorizing the commissioner of general services to transfer  and
   convey certain unappropriated state land to the town of Bedford

   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  other provision of law to the contrary, the commissioner of general
 services is hereby authorized, subject to the consent of the commission-
 er of corrections and community supervision, to transfer and  convey  to
 the  town  of  Bedford  in  the  county  of  Westchester, the state land
 described in section two  of  this  act,  owned  by  the  department  of
 corrections and community supervision and being a part of lot 60.12-1-1,
 in  the  town  of  Bedford  in the county of Westchester, declared to be
 abandoned state land by the  department  of  corrections  and  community
 supervision.  The  transfer  and  conveyance  of  the  land described in
 section two of this act shall be made in consideration of the sum of one
 dollar and upon such conditions as the commissioner of general  services
 may deem proper.
   § 2. The lands authorized by section one of this act to be transferred
 and conveyed are as follows:
   All  that lot, parcel or piece of land situate in the Town of Bedford,
 County of Westchester, State of New York, being a portion of parcel with
 Tax ID: 60.12-1-1 and being more particularly described as follows:
   Beginning at a point on the westerly line of  Beaver  Dam  Road  Lane,
 said  point  being located North 45°52'53" East a distance of 70.41 feet
 from the intersection of said Beaver Dam Road and the northerly line  of
 Harris  Road;  thence continuing through the lands, now or formerly, The
 People of the State of New York (Tax ID: 60.12-1-1) North 46°11'10" West
 a distance of 175.18 feet to a point located in the center of  a  brook;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11317-01-7

 S. 5786                             2
 
 thence  continuing  generally along the centerline of said brook in part
 the following fifteen (15) courses:
   1. North 33°31'14" East a distance of 110.41 feet;
   2. North 08°07'55" East a distance of 218.59 feet;
   3. North 54°39'45" West a distance of 46.89 feet;
   4. South 45°26'23" East a distance of 58.06 feet;
   5. North 36°31'33" East a distance of 75.99 feet;
   6. North 17°44'21" West a distance of 50.51 feet;
   7. North 45°12'45" East a distance of 61.05 feet;
   8. North 85°25'54" East a distance of 128.65 feet;
   9. North 42°23'06" East a distance of 271.93 feet;
   10. North 07°51'40" East a distance of 56.66 feet;
   11. North 75°54'45" East a distance of 141.29 feet;
   12. North 00°52'44" East a distance of 123.66 feet;
   13. North 78°25'38" East a distance of 61.56 feet;
   14. South 51°46'31" East a distance of 128.57 feet and
   15. South 36°19'43" East a distance of 233.56 feet
   to  a  point  located  on  the  westerly line of said Beaver Dam Road;
 thence along the same the following six (6) courses:
   1. South 29°42'24" West a distance of 114.40 feet;
   2. Along a curve to the right having a radius of  733.50  and  an  arc
 length of 327.17 feet;
   3. South 55°15'47" West a distance of 98.10 feet;
   4. South 55°07'43" West a distance of 397.39 feet;
   5. South 50°36'45" West a distance of 99.42 feet and
   6. South 45°52'53" West a distance of 76.64 feet
   To the point or place of Beginning containing 9.134 Acres.
   Subject  to  any  enforceable  easements, restrictions or covenants of
 record that may exist.
   § 3. The description in section two of this act is not intended to  be
 a  legal  description,  but  is  intended  to  identify the parcel to be
 conveyed. As a condition of the transfer, the town of Bedford may submit
 to the commissioner of general services, for his  or  her  approval,  an
 accurate  survey  and description of the lands to be conveyed, which may
 be used in the conveyance thereof.
   § 4. The office of general services shall not transfer or  convey  the
 aforesaid  land  unless the application is made to the office of general
 services by the town of Bedford within one year after the effective date
 of this act. Said application shall be  in  the  form  of  a  resolution
 setting  forth  a  comprehensive  statement approved by the Bedford town
 board acknowledging and accepting the  use  restrictions  set  forth  in
 section five of this act.
   §  5.  The  transfer and conveyance made pursuant to this act shall be
 subject to the following use restrictions and reverter:
   (a) The land described in this act shall be used exclusively  for  the
 purposes  of  operating and maintaining a wastewater treatment plant and
 appurtenant facilities and operations as reasonably may be necessary  or
 desirable in connection therewith and water quality control.
   (b)  The  conveyance of the land described in this act shall contain a
 covenant and restriction requiring that the land be used for the purpose
 set forth in subdivision (a) of this section. In the event the  premises
 are  not  accepted  and/or used for such purposes, ownership of the land
 shall revert to the state of New York.
   § 6. This act shall take effect immediately.

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