S4267-2011 - NY Senate Open Legislation - Authorizes Schuyler county to convey to Seneca Harbor Place, LLC, an easement through land located in Seneca Harbor Park to enable access to lakefront development

Authorizes Schuyler county to convey to Seneca Harbor Place, LLC, an easement through land located in Seneca Harbor Park to enable access to lakefront development.

Sponsor: O'MARA
Law Section: Parks

S4267-2011 Actions

Sep 23, 2011: SIGNED CHAP.563
Sep 12, 2011: DELIVERED TO GOVERNOR
Jun 20, 2011: returned to senate
Jun 20, 2011: passed assembly
Jun 20, 2011: home rule request
Jun 20, 2011: ordered to third reading rules cal.473
Jun 20, 2011: substituted for a6724b
Jun 15, 2011: referred to local governments
Jun 15, 2011: DELIVERED TO ASSEMBLY
Jun 15, 2011: PASSED SENATE
Jun 15, 2011: HOME RULE REQUEST
Jun 7, 2011: AMENDED ON THIRD READING (T) 4267B
Jun 6, 2011: AMENDED ON THIRD READING 4267A
May 23, 2011: ADVANCED TO THIRD READING
May 18, 2011: 2ND REPORT CAL.
May 17, 2011: 1ST REPORT CAL.674
Mar 25, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S4267-2011 Meetings

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

S4267-2011 Calendars

Active List: May 25, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011

S4267-2011 Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - May 17, 2011

Ayes (14): Little, Ball, Bonacic, Gallivan, Griffo, Grisanti, Marcellino, Ritchie, Serrano, Adams, Duane, Kennedy, Klein, Valesky

S4267-2011 Memo

BILL NUMBER:S4267

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.

S4267-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 4267                                                  A. 6724
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 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  N87µ02'02"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;  N31µ49'51"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 S03µ46'57"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.

S4267-2011: Authorizes Schuyler county to convey to Seneca Harbor Place, LLC, an easement through land located in Seneca Harbor Park to enable access to lakefront development