S2912-2011 - NY Senate Open Legislation - Authorizes the village of Saranac Lake to grant easements over certain park lands for the purpose of operating a waterworks system

Authorizes the village of Saranac Lake to grant easements over certain park lands for the purpose of operating a waterworks system.

Sponsor: LITTLE
Law Section: Parks

S2912-2011 Actions

Jun 8, 2011: SIGNED CHAP.64
May 27, 2011: DELIVERED TO GOVERNOR
May 23, 2011: returned to senate
May 23, 2011: passed assembly
May 23, 2011: home rule request
May 23, 2011: ordered to third reading cal.385
May 23, 2011: substituted for a4297
Mar 23, 2011: referred to local governments
Mar 23, 2011: DELIVERED TO ASSEMBLY
Mar 23, 2011: PASSED SENATE
Mar 23, 2011: HOME RULE REQUEST
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.103
Feb 3, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S2912-2011 Meetings

Cultural Affairs, Tourism, Parks and Recreation: Mar 1, 2011

S2912-2011 Calendars

Active List: Mar 23, 2011 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011

S2912-2011 Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Mar 1, 2011

Ayes (13): Little, Ball, Bonacic, Gallivan, Griffo, Grisanti, Marcellino, Ritchie, Serrano, Adams, Kennedy, Klein, Valesky
Excused (1): Duane

VOTE: FLOOR VOTE: - Mar 23, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Duane

S2912-2011 Memo

BILL NUMBER:S2912

TITLE OF BILL:
An act
to authorize the village of Saranac Lake, in the counties of Essex and
Franklin, to establish permanent and temporary easements upon park lands
for the purpose of constructing and operating a municipal waterworks
system

PURPOSE:
Authorizes the village of Saranac Lake to grant easements
over certain park lands for the purpose of operating a waterworks
system.

SUMMARY OF PROVISIONS:
Section 1. Authorizes the Village of Saranac
Lake to establish permanent easements on village parklands described
in section three of this act for the purpose of constructing,
operating and maintaining a municipal water line and a municipal
water facility;
establish a temporary construction easements on such park land
provided, however, that the authorization for temporary easements
granted in subdivision (b) of this section shall cease upon the
completion of the construction of a municipal water line and
municipal water tower facility, and the park lands described in
section four of this act shall thereafter be restored to their
original condition and continue to be used as park lands. Furthermore
such lands shall be restored to their original condition and continue
to be used as park lands.

Section 2. States that the authorizations granted in section one of
this act shall take effect only on the condition that the village of
Saranac Lake shall acquire and dedicate as park lands parcels of
equal or greater value described in section five of this act.

Section 3. Provides a description of the park lands which the
permanent easements may be granted by subdivision (a) of section one
of this act.

Section 4. Provides a description of the park lands which the
temporary easements may be granted pursuant to subdivision (b) of
section one of this act.

Section 5. Provides a description of park lands which are to be
acquired and dedicated by the village of Saranac Lake to be used as
park lands.

Section 6. Provides that in the event that the replacement lands to be
dedicated in section five of this act are not equal or greater fair
market value to the lands to be alienated pursuant to section three
of this act, the Village of Saranac Lake shall acquire and

dedicate additional lands for park lands and/or make capital
improvements to its existing park and recreational facilities, as
necessary, to equal the difference of such fair market value.

Section 7. Provides that in the event, that the land described in
section three of this act ceases to be used for municipal waterworks
purposes, the permanent easement shall cease and the village shall
remove the water tower and all water lines placed there and such
lands shall be restored and dedicated as park lands.

Section 8. Provides that the discontinuance and conveyance of park
lands authorized by this act shall not occur until the village of
Saranac Lake has complied with any federal requirements pertaining to
the alienation or conversion of park lands.

Section 9. Contains the effective date.

JUSTIFICATION:
The Village of Saranac Lake has requested this legislation so that
they may construct a municipal water tower and municipal water line
within Mount Pisgah Veteran's Memorial Ski Center located in the
Village. The water tower will provide water service to the Village
and to the Park.
When completed the water tower and water line will permanently occupy
approximately 2.5 acres of Park land.

The water tower is part of a larger Village water project mandated by
the New York State Department of Health (DOH). The DOH identified
several major deficiencies in the Village's century-old water system.
On May 22, 2009, following an administrative hearing, the Village and
the DOH entered into a stipulation agreement which calls for the
Village to complete by December 31, 2011 all required water system
improvements including a municipal water tower.

The proposed water storage tank complies with the DOH requirements for
both useable storage volume and capacity to provide minimum flows and
pressures to all users within the system. The Pisgah Ski Center was
selected as the site of the water tower for several reasons
including; the need to construct a new water storage tank on a site
closer to a newly-drilled well on the northeast side of the village;
to locate the new water storage tank at an elevation that is the same
as that of the existing water storage tank; to construct the new
water storage tank at said high elevation without exceeding the
Adirondack Park Agency's 40-foot maximum height rule; for the new
water storage tank to not be visible to neighboring properties; for
the new tank site location to allow for easy maintenance all
year-round and in all weather conditions; need for the new water
storage tank site to be safe, secure and easily monitored; and the
need to acquire the new tank site at a reasonable cost.

After review of various potential sites, the Mt. Pisgah Ski Center
land was determined by the Village to be the site that best met the

above criteria. Fair market appraisals have been obtained for the
lands to be alienated and for the substitute land selected to replace
the permanently
alienated land. To the extent the alienated land is of higher value,
the Village will contribute the difference to an account established for
parks.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:
To be determined by the Village.

EFFECTIVE DATE:
This act shall take effect immediately.

S2912-2011 Text


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

      S. 2912                                                  A. 4297

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              February 3, 2011
                                 ___________

  IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
    ed, and when printed to be committed  to  the  Committee  on  Cultural
    Affairs, Tourism, Parks and Recreation

  IN  ASSEMBLY  -- Introduced by M. of A. DUPREY -- read once and referred
    to the Committee on Local Governments

  AN ACT to authorize the village of Saranac  Lake,  in  the  counties  of
    Essex  and  Franklin,  to  establish permanent and temporary easements
    upon park lands for the purpose of constructing and operating a munic-
    ipal waterworks system

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


    Section  1.  Notwithstanding any provision of law to the contrary, the
  village of Saranac Lake, in the counties of Essex and  Franklin,  acting
  by and through its board of trustees, is hereby authorized to (a) estab-
  lish permanent easements upon and under the village park lands described
  in  section three of this act for the purpose of constructing, operating
  and maintaining a municipal water  line  and  a  municipal  water  tower
  facility;  and  (b)  establish temporary construction easements upon and
  under the village park lands described in section four of this  act  for
  the purpose of constructing a municipal water line and a municipal water
  tower  facility. Provided, however, that the authorization for temporary
  easements granted in subdivision (b) of this section  shall  cease  upon
  the completion of the construction of a municipal water line and munici-
  pal  water  tower facility, and the park lands described in section four
  of this act shall thereafter be restored to their original condition and
  continue to be used as park lands. Furthermore, upon the  completion  of
  the  construction  of  a  municipal water line and municipal water tower
  facility upon the park lands described in section three of this act, the
  surface of such lands shall be restored to their original condition  and
  continue to be used as park lands.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07601-01-1

 S. 2912                             2                            A. 4297

    S  2. The authorizations granted in section one of this act shall take
  effect only on the condition that the  village  of  Saranac  Lake  shall
  acquire and dedicate as park lands the parcels of equal or greater value
  described in section five of this act.
    S  3.  The  park lands upon and under which permanent easements may be
  granted pursuant to subdivision (a) of  section  one  of  this  act  are
  described as follows:

    ALL  THAT TRACT OR PARCEL OF LAND containing 2.57 acres, more or less,
  situate on lands owned now or formerly by Village of Saranac Lake in the
  County of Essex being Tax Parcel I.D. Number 32.0AB-1-1.000, as shown on
  a map entitled, "Mt. Pisgah Land Requirement Permanent Land"  -  on  the
  Mt.    Pisgah  Veteran's  Memorial  Ski  Center property, as prepared by
  Dodson & Associate Consulting  Engineers,  PLLC,  dated  October,  2010,
  identified as Job Number 081102, and being more particularly bounded and
  described as follows:

    ALL  OF  THAT  TRACT,  part, piece or parcel of land situate in Lot 9,
  Township 11, Old Military Tract, Town of St. Armand, County of  Franklin
  and State of New York; and being more particularly bounded and described
  as follows:

    BEGINNING  AT  A  POINT  in the easterly lines of premises conveyed by
  Harland M. and Sarah E. Branch to The Village of Saranac  Lake  by  deed
  dated  December 30, 1953 and recorded in the Essex County Clerk's Office
  in Book 312 of Deeds at page 553, said point being marked by a  1"  Iron
  Pipe;
    THENCE  S  07�43'45" E, along said easterly line, a distance of 491.52
  feet to a point;
    THENCE S 81�11'02" W, through the lands of the Party of the First Part
  herein, a distance of 167.04 feet to a point;
    THENCE N 07�43'45" W, through the lands of the Party of the First Part
  herein, a distance of 224.47 feet to a point;
    THENCE N 81�11'02" E, through the lands of the Party of the First Part
  herein, a distance of 73.80 feet to a point;
    THENCE N 06�16'10" E, through the lands of the Party of the First Part
  herein, a distance of 296.91 feet to a point;
    THENCE N 22�23'25" W, through the lands of the Party of the First Part
  herein, a distance of 143.86 feet to a point;
    THENCE S 49�06'31" W, through the lands of the Party of the First Part
  herein, a distance of 70.69 feet to a point;
    THENCE N 40�18'18" W, through the lands of the Party of the First Part
  herein, a distance of 339.02 feet to a point;
    THENCE N 36�50'41" W, through the lands of the Party of the First Part
  herein, a distance of 65.71 feet to a point;
    THENCE N 33�20'33" W, through the lands of the Party of the First Part
  herein, a distance of 51.74 feet to a point in the  north  line  of  the
  said Village of Saranac Lake premises;
    THENCE  S 72�34'33" E, along said north line, a distance of 63.40 feet
  to a point;
    THENCE S 36�50'41" E, through the lands of the Party of the First Part
  herein, a distance of 64.67 feet to a point;
    THENCE S 40�18'18" E, through the lands of the Party of the First Part
  herein, a distance of 302.66 feet to a point;
    THENCE N 49�52'08" E, through the lands of the Party of the First Part
  herein, a distance of 94.21 feet to a point;
    THENCE N 56�08'29" E, through the lands of the Party of the First Part
  herein, a distance of 183.29 feet to a point;

 S. 2912                             3                            A. 4297

    THENCE S 18�38'22" E, through the lands of the Party of the First Part
  herein, a distance of 91.98 feet to a point;
    THENCE S 19�25'11" W, through the lands of the Party of the First Part
  herein,  a distance of 219.72 feet to a point in an aforementioned east-
  erly line of the said Village of Saranac Lake premises;
    THENCE S 66�46'20" W, along said easterly line, a  distance  of  61.45
  feet to the point and place of beginning. Containing 2.57 acres of land.
    BEING  A  PART  OF  THE  PREMISES  conveyed by Harland M. and Sarah E.
  Branch to The Village of Saranac Lake by deed dated  December  30,  1953
  and  recorded in the Essex County Clerk's Office in Book 312 of Deeds at
  page 553.
    S 4. The park lands upon and under which temporary  easements  may  be
  granted  pursuant  to  subdivision  (b)  of  section one of this act are
  described as follows:

    ALL THAT TRACT OR PARCEL OF LAND containing 4.34 acres, more or  less,
  situate  on  lands  owned  now by the Village of Saranac Lake, County of
  Essex, being Tax Parcel I.D. Number 32.0AB-1-1.000, as shown  on  a  map
  entitled,  "Mt.  Pisgah  Land Requirement - Temporary Construction Ease-
  ment" - on the Mt. Pisgah Veteran's Memorial  Ski  Center  property,  as
  prepared  by  Dodson & Associate Consulting Engineers, PLLC, dated Octo-
  ber, 2010, identified as Job Number 081102, and being more  particularly
  bounded and described as follows:

    ALL  THAT TRACT, part, piece or parcel of land situate in Lot 9, Town-
  ship 11, Old Military Tract, Town of St. Armand, County of Franklin  and
  State  of New York; and being more particularly bounded and described as
  follows:

    BEGINNING AT A POINT marking the northeast corner of premises conveyed
  by Harland M. and Sarah E. Branch to The Village of Saranac Lake by deed
  dated December 30, 1953 and recorded in the Essex County Clerk's  Office
  in Book 312 of Deeds at page 553, said point being marked by a 3/4" Iron
  Pipe;
    THENCE  S 18�25'40" E, along the southwesterly line of premises reput-
  edly owned by The Nature Conservancy, a distance of  156.75  feet  to  a
  point marked by a 2" Iron Pipe;
    THENCE  S 18�41'15" E, along the southwesterly line of premises reput-
  edly owned by Moody, a distance of 34.66 feet to a point marked by a  1"
  Iron  Pipe;  thence  continuing  in  the same course a distance of 95.48
  feet, for a total distance of 130.14 feet, to a point marked by a Drill-
  hole in a stone;
    THENCE S 18�37'46" E, still along said southwesterly line, a  distance
  of 265.50 feet to a point marked by a 2" Iron Pipe;
    THENCE  S 66�48'56" W, along the northwesterly line of premises reput-
  edly owned by American Management Association, a distance of 97.38  feet
  to a point marked by a Drillhole in a stone;
    THENCE  S 66�46'20" W, still along said northwesterly line, a distance
  of 97.37 feet to a point;
    THENCE N 19�25'11" E, through the lands of the Party of the First Part
  herein, a distance of 219.72 feet to a point;
    THENCE N 18�38'22" W, through the lands of the Party of the First Part
  herein, a distance of 91.98 feet to a point;
    THENCE S 56�08'29" W, through the lands of the Party of the First Part
  herein, a distance of 183.29 feet to a point;
    THENCE N 47�32'50" W, through the lands of the Party of the First Part
  herein, a distance of 151.05 feet to a point;
    THENCE N 51�34'57" E, through the lands of the Party of the First Part
  herein, a distance of 87.55 feet to a point;

 S. 2912                             4                            A. 4297

    THENCE N 40�18'18" W, through the lands of the Party of the First Part
  herein, a distance of 171.08 feet to a point in the north  line  of  the
  aforementioned Village of Saranac Lake premises;
    THENCE N 65�25'53" E, along said north line, a distance of 291.40 feet
  to the point and place of beginning. Containing 2.48 acres of land.
    BEING  A  PART  OF  THE  PREMISES  conveyed by Harland M. and Sarah E.
  Branch to The Village of Saranac Lake by deed dated  December  30,  1953
  and recorded in the Essex County Clerk's Office in Book 312 of the Deeds
  at page 553.
    S 5. The replacement lands to be acquired and dedicated by the village
  of Saranac Lake to use as park lands are described as follows:

    All  those  certain parcels of land, being part of Great Lot 29, Town-
  ship No. 10, Old Military Tract, Town of St. Armand,  County  of  Essex,
  and  State of New York; being more particularly bounded and described as
  follows:


                                  PARCEL A

    Beginning at a 1" iron pipe found with a  coupling  in  Kelly  Slough,
  said pipe being the common corner between Great Lots 28, 29, 48, and 49;
  thence

    1)  South  6�18'15"  West  along the east line of Great Lot 29, 705.36
  feet to a point on the northeasterly bounds of property described  in  a
  deed  to  Saranac Lake Fish and Game Club, Inc. recorded in Liber 205 at
  page 140 in the Essex County Clerk's Office, said point  also  being  on
  the southwest low water mark of Kelly Slough; thence
    2) Northerly along the northeasterly bounds of said property described
  in  Liber  205  at  page  140  and the southwest low water mark of Kelly
  Slough, approximately 1,006 feet to a point on the east  bounds  of  New
  York State Route 3, said point being located North 26�59'35" West 764.67
  feet from the point on the northeasterly bounds of property described in
  Liber 205 at page 140 aforementioned in Course No. 1); thence
    3)  North 34�26'45" East along the east bounds of New York State Route
  3, 88.78 feet to a 5/8" rebar set with a  cap  stamped  "Geomatics  Land
  Surveying, PC" on the north line of Great Lot 29; thence
    4)  South  81�52'00" East along the north line of Great Lot 29, 378.10
  feet to the beginning.

    Containing 3.42  acres  of  land,  more  or  less,  within  the  above
  described  bounds, as surveyed by Stacey L. Allott, LS of Geomatics Land
  Surveying, PC, December 9, 2010. Bearings are based on Magnetic North.

                                  PARCEL B

    Beginning at a point on the north line of Great  Lot  29,  said  point
  being  located  North  81�  52' 00" West 577.50 feet from a 1" iron pipe
  found at the common corner for Great Lots 28, 29, 48, and 49; thence
    1) South 81� 52' 00" East along the north line of Great Lot 29, 133.38
  feet to a point on the west bounds of New York State Route 3; thence
    2) South 35� 06' 25" West along the west  bounds  of  New  York  State
  Route  3,  123.17  feet  to  a point on the northeast bounds of property
  described in a deed to Christopher K. and Heather A. Tuttle, recorded in
  Liber 864 at page 57 of deeds in the Essex County Clerk's  Office,  said
  point also being on the southwest low water mark of Kelly Slough; thence

 S. 2912                             5                            A. 4297

    3) Northwesterly along the northeast bounds of said property described
  in  Liber  864  at  page  57  and  the southwest low water mark of Kelly
  Slough, approximately 138  feet  to  the  beginning,  said  point  being
  located North 27� 05' 35" West 134.38 feet from the point aforementioned
  in Course No. 2).
    Containing  0.19  acres  of  land,  more  or  less,  within  the above
  described bounds, as surveyed by Stacy L. Allott, LS of  Geomatics  Land
  Surveying,  PC,  December 9, 2010. Bearings are based on Magnetic North.
  Together with and subject to any rights of the public in and to the area
  within the bounds of New York State Route 3.
    Being that portion of the property described in a deed to the  Village
  of  Saranac  Lake,  recorded  in  Liber 1347 at page 100 of deeds in the
  Essex County Clerk's Office, being bounded on the  north  by  the  north
  line  of Great Lot 29, on the east by the east line of Great Lot 29, and
  on the south by property described in a deed to the  Saranac  Lake  Fish
  and  Game  Club, Inc. recorded in Liber 205 at page 140, and by property
  described in a deed to Christopher K. and Heather A. Tuttle, recorded in
  Liber 864 at page 57 (being low water mark  of  the  southwest  side  of
  Kelly Slough), excepting and reserving the area within the bounds of New
  York State Route 3.
    S  6.  In  the  event  that  the  replacement lands to be dedicated in
  section five of this act are not of equal or greater fair  market  value
  to  the lands to be alienated pursuant to section three of this act, the
  Village of Saranac Lake shall acquire and dedicate additional lands  for
  park  lands  and/or  make  capital improvements to its existing park and
  recreational facilities, as necessary, to equal the difference  of  such
  fair market value.
    S  7.  In  the event, that the land described in section three of this
  act ceases to be used for municipal waterworks purposes, (a) the  perma-
  nent  easement  granted pursuant to section one of this act shall cease;
  (b) the village of Saranac Lake shall remove the  water  tower  and  all
  water  lines  placed  thereon;  and  (c) such land shall be restored and
  dedicated as park lands.
    S 8. The discontinuance and conveyance of  park  lands  authorized  by
  this  act shall not occur until the village of Saranac Lake has complied
  with any federal requirements pertaining to the alienation or conversion
  of park lands, including satisfying the Secretary of the  Interior  that
  the  conversion  complies  with all conditions with 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 alienated or converted.
    S 9. This act shall take effect immediately.

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S2912-2011: Authorizes the village of Saranac Lake to grant easements over certain park lands for the purpose of operating a waterworks system