Authorizes the town of East Greenbush to lease certain parklands for a term not to exceed thirty years.

---

S4045-2011 Actions

• Aug 3, 2011: SIGNED CHAP.337
• Jul 22, 2011: DELIVERED TO GOVERNOR
• Jun 16, 2011: returned to senate
• Jun 16, 2011: passed assembly
• Jun 16, 2011: home rule request
• Jun 16, 2011: ordered to third reading rules cal.303
• Jun 16, 2011: substituted for a6332a
• Jun 13, 2011: referred to ways and means
• Jun 13, 2011: DELIVERED TO ASSEMBLY
• Jun 13, 2011: PASSED SENATE
• Jun 13, 2011: HOME RULE REQUEST
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 18, 2011: AMENDED 4045A
• May 17, 2011: 1ST REPORT CAL.671
• Mar 15, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S4045-2011 Meetings

Cultural Affairs, Tourism, Parks and Recreation: May 17, 2011

S4045-2011 Calendars

Floor Calendar: May 18, 2011

S4045-2011 Votes

S4045-2011 Memo

BILL NUMBER:S4045

TITLE OF BILL:
An act
to authorize the town of East Greenbush, county of Rensselaer, to lease
certain parklands

PURPOSE OR GENERAL IDEA OF BILL:
To allow the town of East Greenbush
to lease certain municipally owned lands to the Miracle League, Inc.
for a period of time not to exceed thirty years.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the town of East
Greenbush in Rensselaer County to lease to the Miracle League, Inc a
public sports facility with athletic fields, concession facilities
and related facilities.

Section 2 outlines the terms and conditions of such lease: (a) such
lease shall be non-exclusive and revocable-at-will by the town, (b)
the League shall use the premises to engage in and promote
recreational sports activities for persons with special needs, (c)
such lease is non-exclusive and the premises shall be open and
accessible to the public at large who wish to use the field for
persons with special needs and should a scheduling conflict arise,
the town of East Greenbush shall resolve such conflict in a fair and
equitable manner, (d) the League shall maintain the field, which
shall be secured at all times when not in use, (e) the League shall
purchase a liability insurance policy in an amount not less than
$2,000,000 naming the town of East Greenbush as an additional insured.

Section 3 outlines the land boundaries of the property.

Section 4 reverts interests described in Section 3 to East Greenbush
should such filed cease to be operated as a public sports facility.

Section 5 outlines requirements on the part of the Town of East
Greenbush regarding funding under the federal land and water
conservation fund.

Section 6 is the effective date

JUSTIFICATION:
The Miracle league is a charitable organization which
provides children with mental and/or physical challenges an
opportunity to play baseball, softball, football, soccer and other
sports as a team member in an organized league. They have worked in
close cooperation with the Town of East Greenbush to construct the
Jaime M. Adams Field, the first of its kind in upstate New York.
Because of the specialized nature of this field, the Town of East
Greenbush would like to offer a non-exclusive long term lease,
revocable at will, to the League so that children. with special needs
in the Capital Region can continue to enjoy recreational activities.

PRIOR LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

S4045-2011 Text

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

      S. 4045                                                  A. 6332

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                               March 15, 2011
                                 ___________

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

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

  AN ACT to authorize the town of East Greenbush, county of Rensselaer, to
    lease certain parklands

    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,  the  town  of  East
  Greenbush,  county  of  Rensselaer,  is hereby authorized, acting by and
  through its town board, to lease to the Miracle League, Inc.  ("League")
  for  a  term  not to exceed thirty years, the municipally owned parkland
  more particularly described in section three of this act, consisting  of
  a public sports facility with athletic fields, concession facilities and
  related facilities.
    S 2.  The lease authorized by section one of this act shall be subject
  to the following terms and conditions:

    (a) The lease shall be non-exclusive and revocable-at-will by the town
  of East Greenbush.
    (b) The League shall use the premises for its intended purpose, namely
  to  engage  in  and  promote  recreational  sports  activities for those
  persons with special-needs whom require the unique nature of  the  field
  in  order  to participate to the fullest extent possible in the types of
  sports activities for which the field was constructed and  the  use  for
  which it is intended.
    (c)  It  is  understood that the use of this facility by the League is
  non-exclusive and the premises shall  be  open  and  accessible  to  the
  general public at large whom are desirous of utilizing the field and its
  appurtenances for its intended purpose, specifically to engage in sports

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09583-01-1

 S. 4045                             2                            A. 6332

  and recreational activities for persons with special-needs. In the event
  a  scheduling  conflict  should  arise  over  the use of the field, such
  conflict shall be resolved in a fair and equitable manner by the town of
  East  Greenbush public works department so as to maximize the use of the
  facility and permit all whom desire the use of the facility such  oppor-
  tunity.
    (d)  In  consideration of the lease authorized by this act, the League
  shall maintain the field including the structural integrity and  surface
  of  the field in accordance with all recommendations of the manufacturer
  and installer, including all coverings  and/or  surface  protectants  to
  protect  the  field  when  not  in  use,  toward maximizing the life and
  longevity of the field surface and the appurtenant  structures  thereto.
  The  field  shall be fenced and secured at all times when not in use and
  the town of East Greenbush and any emergency  agencies  (police,  rescue
  and fire) shall be provided with access thereto.
    (e)  The  League  shall  purchase,  provide and have in full force and
  effect a policy of liability insurance in an amount of not less than two
  million dollars ($2,000,000.00) naming the town of East Greenbush as  an
  additional  insured  thereon. A certificate evidencing the insurance and
  effective date of said coverage shall be furnished to the town  of  East
  Greenbush  for review and approval by its counsel prior to the commence-
  ment by the League of the activities contemplated by the  lease  author-
  ized by this act.
    S  3.  The  lands  referred to in section one of this act are located,
  bounded and described as follows:

    All that piece or parcel of land with the buildings  and  improvements
  thereon erected, situate, lying and being in the Town of East Greenbush,
  County of Rensselaer, State of New York and being a portion of Lot No. 2
  as shown on a "Two Lot Subdivision Map - Portion of Lands Now or Former-
  ly  of  Hazel D. Reichard & Donald P. Leffler to be conveyed to the Town
  of East Greenbush" prepared by Gurley Engineering, Surveying and Mapping
  Group, P.C. dated September 2nd, 2003 and last revised  September  18th,
  2003,  filed  in the Rensselaer County Clerk's Office on September 18th,
  2003 in Drawer 2003 as  Map  No.  100,  more  particularly  bounded  and
  described as follows:

    Beginning  at  a point in the division line of the lands N/F of George
  C.  & Barbara M. Sager (Book 1644, Pg. 133 - Tax Map No.  167-4-6.1)  on
  the  west  and  the  parcel  herein described on the east, said point of
  beginning being South 26 deg. 17 min. 43 sec. West 229.56  feet  from  a
  capped  iron rod found in the intersection of the west line of the above
  mentioned Lot No. 2 at the south corner of the lands N/F of Robert H.  &
  Cathyanne  Kielb  (Book 1374, pg. 787 - Tax Map No. 156-3-27.19); thence
  through the lands of the Town of East Greenbush (Lot No. 2) the  follow-
  ing six (6) courses and distances:

    1)  South 62 deg. 08 min. 41 sec. East 146.65 feet to a dock spike set
  in the northwest corner of the "Jamie  M.  Adams  Field"  marked  by  an
  asphalt pavement corner;
    2) South 64 deg. 12 min. 51 sec. East 62.23 feet to an iron rod set in
  the northeast corner of the said asphalt pavement;
    3)  South  63  deg. 26 min. 31 sec. East 109.19 feet to a point in the
  west line of Angelini Way (a non-dedicated Road  of  the  Town  of  East
  Greenbush);
    4)  South 00 deg.  26 min. 57 sec. West 50.09 feet along the said west
  line of Angelini Way to a point;
    5) along the arc of a curve to the right with a radius of 581.49 feet,
  a central angle of 25 deg. 56 min. 22 sec. for an arc distance of 263.26

 S. 4045                             3                            A. 6332

  feet and a chord bearing of South 13 deg. 45 min. 40  sec.  West  261.01
  feet to a point;
    6)  North  69  deg. 52 min. 48 sec. West 398.81 feet to a point in the
  east line of the above mentioned lands N/F of George  C.  &  Barbara  M.
  Sager;  thence along the division line of the lands of Sager on the west
  and the parcel herein described on the east, North 26 deg.  17  min.  43
  sec. East 346.71 feet to the point of beginning.
    Containing in all 2.76 acres of land be the same, more or less.
    Also  leasing  (non-exclusively)  a  parking lot & roadway bounded and
  described as follows:

    Beginning at the northwest corner of  the  above  described  premises;
  thence  along  the  division  line  of the said lands n/f of George C. &
  Barbara M. Sager (Book 1644, page 133-Tax Map No. 167-4-6.1) on the west
  and the parcel herein described on the east, North 26 deg.  17  min.  43
  sec.  East  125.57 feet to a point; thence through the lands of The Town
  of East Greenbush the following four (4) courses and distances:

    1) South 63 deg. 03 min. 37 sec. East 259.22 feet to a  point  in  the
  west line of Angelini Way (a 60 ft. wide town right-of-way);
    2)  North 01 deg. 32 min. 44 sec. East 115.88 feet along the said west
  line to a point;
    3) thence along the arc of a curve to  the  right  with  a  radius  of
  408.45  feet,  a central angle of 18 deg. 17 min. 06 sec., an arc length
  of 130.35 feet and a chord bearing of North 12  deg.  50  min.  42  sec.
  East 129.80 feet to a point;
    4)  North  28  deg.  15 min. 21 sec. East 51.74 feet to a point in the
  southwesterly right-of-way line at  the  Luther-Couse  Road  (NYS  Route
  151);  said  point  being  South 60 deg. 31 min. 19 sec. East 48.19 feet
  from a capped iron rod found in the northeast corner of the lands n/f of
  Robert H. & Cathyanne Kielb (Book 1374, page 787); thence along the said
  southwesterly right-of-way line South 60 deg. 31 min. 19 sec. East 60.01
  feet to a point; thence along the right-of-way line of Angelini Way  the
  following six (6) courses and distances:

    1) South 28 deg. 15 min.  21 sec. West 48.54 feet to a point;
    2)  along the arc of a curve to the left with a radius of 356.80 feet,
  a central angle of 17 deg. 06 min. 57 sec., an arc length of 106.59 feet
  and a chord bearing of South 12 deg. 20 min. 34 sec. West 106.19 feet to
  a point;
    3) South 01 deg. 03 min. 40 sec. West 257.70 feet to a point;
    4) South 89 deg. 09 min. 14 sec. East 3.61 feet to a point;
    5) South 01 deg. 17 min. 57 sec. West 44.38 feet to a point;
    6) North 89 deg. 33 min. 01 sec. West 64.61 feet to  a  point;  thence
  along  the  above  described  lands  to be leased to "The East Greenbush
  Miracle League" the following four (4) courses and distances:

    1) North 00 deg. 26 min. 57 sec. East 50.09 feet to a point;
    2) North 63 deg. 26 min. 31 sec. West 109.19 feet to an iron rod set;
    3) North 64 deg. 12 min. 51 sec. West 62.23 feet to a dock spike set;
    4) North 62 deg. 08 min. 41 sec. West 146.65  feet  to  the  point  of
  beginning.
    Containing in all 1.50 acres of land be the same, more or less.
    S 4. Should the interests described in section three of this act cease
  to  be operated as a public sports facility, such interests shall revert
  to the town of East Greenbush, county of Rensselaer, for public park and
  recreational purposes.
    S 5. If the parkland that is the subject  of  this  act  has  received
  funding  pursuant  to  the federal land and water conservation fund, the
  discontinuance of parkland authorized by  the  provisions  of  this  act

 S. 4045                             4                            A. 6332

  shall  not  occur  until  the municipality has complied with the federal
  requirements pertaining to the conversion of parklands, including satis-
  fying the secretary of the interior that the discontinuance will include
  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 recreational usefulness to the lands being discontin-
  ued.
    S 6. This act shall take effect immediately.