Authorizes Schuyler county to convey an easement through land located in Seneca Harbor Park to enable access to lakefront development.
TITLE OF BILL: An act to authorize the county of Schuyler to convey to Seneca Harbor Place, LLC, an easement through land located in the county's Seneca Harbor Park
PURPOSE: Authorizes Schuyler County to convey to Seneca Harbor Place, LLC, an easement through land located in Seneca Harbor Place to enable access to lakefront development.
SUMMARY OF PROVISIONS: Section 1 of the bill authorizes the County of Schuyler through its county legislature to convey an easement located in Seneca Harbor Park to Seneca Harbor Place, LLC for the purpose of enabling access to lakefront development.
Section 2 of the bill provides that the authorization in Section 1 shall be effective only upon the condition that the county of Schuyler dedicate an amount equal to or greater than the fair market value of the easement interest being alienated pursuant to section one to the acquisition of new parkland and/or capital improvements to existing park and recreational facilities.
Section 3 of the bill describes the easement to be conveyed by Schuyler County.
Section 4 of the bill provides that the conveyance of the easement shall not occur until the county of Schuyler has complied with any federal requirements pertaining to the alienation or conversion of parklands.
Section 5 of the bill provides for an immediate effective date.
JUSTIFICATION: A 2008 study identified a critical housing shortage in Schuyler County. Allowing Schuyler County to grant a permanent easement at Seneca Harbor Park would allow access to lakefront development of adjoining property and creation of a major economic asset for the entire county. The portion of the park in question is currently utilized as a parking/driveway area and such use will not change as a result of this action. The aforementioned development is contingent on Seneca Harbor Place, L.L.C obtaining access to their property through this portion of the park.
LEGISLATIVE HISTORY: 2010: S.8134A, A.11412A
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 4267 A. 6724 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y March 25, 2011 ___________IN SENATE -- Introduced by Sen. O'MARA -- 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. FRIEND -- read once and referred to the Committee on Local Governments AN ACT to authorize the county of Schuyler to convey to Seneca Harbor Place, LLC, an easement through land located in the county's Seneca Harbor Park THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The county of Schuyler, acting by and through its county legislature, is hereby authorized to convey by appropriate instruments to Seneca Harbor Place, LLC, an easement located in Seneca Harbor Park and described in section three of this act, for the purpose of enabling access to lakefront development by Seneca Harbor Place, LLC. S 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Schuyler acquire and dedicate as parkland a parcel that has been identified that contains approximately 2,000 square feet of land and approximately 200 feet of waterfront on Seneca Lake. In the event that the land to be dedicated is less in fair market value to the easement being granted, the county shall dedicate the difference to either the acquisition of new parklands and/or capital improvements to existing park and recreational facili- ties. S 3. The easement to be conveyed by the county of Schuyler pursuant to section one of this act is described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the Village of Watkins Glen, County of Schuyler and State of New York, bounded and described as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. SA LBD09718-01-1 S. 4267 2 A. 6724
Beginning at a point at the southeasterly corner of lands now or formerly owned by County of Schuyler (L. 266, P. 210), said point also described as being the northeasterly corner of Porter Street; Thence N87Á02'02"W, along the dividing line between Porter Street on the south and the aforesaid lands of County of Schuyler on the north, a distance of 65.99 feet to a point; Thence; N31Á49'51"E, through lands of County of Schuyler, a distance of 140.32 feet to a point on the easterly boundary of lands of County of Schuyler; Thence S03Á46'57"W, along said easterly boundary of lands of County of Schuyler, a distance of 122.90 feet to the point of beginning; contain- ing 0.093 acre or 4.054 square feet, more or less. S 4. The conveyance of the easement authorized by the provisions of this act shall not occur until the county of Schuyler has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secre- tary of the interior deems necessary to assure that the substitution of other lands be equivalent in fair market value and recreational useful- ness to the lands being alienated or converted. S 5. This act shall take effect immediately.