Bill S6905-2011

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands

Authorizes the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands.

Details

Actions

  • Jun 21, 2012: SUBSTITUTED BY A9800
  • Jun 21, 2012: ORDERED TO THIRD READING CAL.1470
  • Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 9, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

Memo

BILL NUMBER:S6905

TITLE OF BILL: An act authorizing the county of Saratoga to discontinue for reforestation purposes the use of certain lands and to convey such lands

SUMMARY OF PROVISIONS: Section 1 of the bill authorizes the County of Saratoga to discontinue the use of land for reforestation purposes that is identified in section 2 and to convey the same to the Town of Moreau in exchange for a new parcel identified in section 3 that shall be dedicated for reforestation purposes.

Section 2 provides a legal description of the property to be conveyed.

Section 3 provides a legal description of the property to be acquired by the County in exchange that shall be dedicated for reforestation purposes.

Section 4 provides the bill shall be effective immediately.

JUSTIFICATION: The County of Saratoga is willing to assist the Town of Moreau in regard to a proposed water pump station by conveying a .082 acre parcel to the Town.

However, the parcel in question has been dedicated for reforestation purposes and by virtue of Section 219 of the County Law, an act of the State Legislature is necessary in order to transfer the land.

The County as part of the agreement will replace the loss of reforestation land by obtaining from the Town another parcel of equal or greater fair market value to the lands being alienated which the County will dedicate for reforestation purposes.

The new parcel is already owned by the County, and is suitable for reforestation purposes.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State or to the County of Saratoga.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6905 IN SENATE April 9, 2012 ___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the county of Saratoga to discontinue for reforesta- tion purposes the use of certain lands and to convey such lands THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding section 219 of the county law to the contrary, the county of Saratoga is hereby authorized, acting by and through its county board of supervisors and upon such terms and condi- tions as determined by such board of supervisors, to discontinue the use of the lands described in section two of this act acquired for refores- tation proposes. The authorization contained in this act shall be effec- tive only upon acquisition by the county of Saratoga of the parcel as described in section three of this act, which is currently vacant prop- erty not used by the public for reforestation or recreational purposes, for reforestation purposes. S 2. The real property authorized to be conveyed by the county of Saratoga to the town of Moreau for a water pump station pursuant to section one of this act shall be bounded and described as follows: ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the town of Moreau, county of Saratoga, state of New York lying along the northerly line of Spier Falls Road, County Road No. 24, approximately 0.5 miles west of the westerly line of the Adirondack Northway, I-87 being further bounded and described as follows: Commencing at a point marked with a leaning iron pipe found at the point of intersection of the northerly line of Spier Falls Road, County Road No. 24 with the common division line of lands now or formerly Edward J. Raab and Loretta M. Raab as conveyed in Book 850 of Deeds at Page 379 to the east and lands of Saratoga County as conveyed in Book 368 of Deeds at Page 35 to the west; Thence from said Point of Commence- ment along said northerly line of Spier Falls Road the following two (2) courses and distances: 1) North 82 deg. 01 min. 30 sec. West, 225.32 feet to the point of curvature; and 2) Along a curve to the right an arc length of 88.62 feet to the Point of Beginning of the hereinafter
described parcel of land, said curve having a radius of 452.50 feet and a chord bearing of North 76 deg. 24 min. 40 sec. West, 88.48 feet; Thence from said Point of Beginning continuing along said northerly line along a curve to the right an arc length of 60.08 feet to a point, said curve having a radius of 452.50 feet and a chord bearing of North 67 deg. 00 min. 00 sec. West, 60.03 feet; Thence through said lands of Saratoga County the following three (3) courses and distance: 1) North 24 deg. 51 min. 00 sec. East, 60.00 feet to a point; 2) South 65 deg. 09 min. 00 sec. East, 60.00 feet to a point; and 3) South 24 deg. 51 min. 00 sec. West, 58.06 feet to the point or place of beginning containing 0.082 plus or minus acres or 3,582 plus or minus square feet of land. Said parcel made subject to any and all enforceable covenants, condi- tions, easements and restrictions of record. S 3. The authorization provided in section one of this act shall be effective only upon the condition that on or before the alienation and conveyance of the easement for a water pump station described in section two of this act, the county of Saratoga shall acquire and dedicate real property for reforestation purposes, of equal or greater fair market value to the lands being alienated. In the event that the lands to be acquired by the county of Saratoga for reforestation purposes pursuant to this act are not equal to or greater than the fair market value of the lands to be alienated by the county of Saratoga, the county shall dedicate the difference between the fair market value of the lands to be alienated and the fair market value of the lands to be acquired for the dedication of additional lands for reforestation purposes. The addi- tional real property to be acquired and dedicated for reforestation purposes, being more particularly bound and described as follows: ALL that certain piece or parcel of land situate and being in the town of Corinth, county of Saratoga, state of New York, being a portion of the premises or property owned by the county of Saratoga, and further being a portion of Great Lot 4, Sub-lot 2 of the Twenty-Fourth Allotment in the Kayaderosseras Patent, bounded and described as follows: Beginning at a point at the southwest corner of lands of the grantor County of Saratoga thence northerly along the division line of the Coun- ty of Saratoga on the East and the lands of Lyme Adirondack Timberlands II, LLC on the West, North 07 degrees 32 minutes 04 seconds West (66)' sixty-six feet to a point on said division line, thence Easterly through the lands of the County of Saratoga North 82 degrees 27 minutes 56 seconds East (66)' sixty-six feet to a point, thence southerly through the lands of the County of Saratoga South 07 degrees 32 minutes 56 seconds East to a point on the south bounds of the County of Saratoga, thence Westerly along the division line of the County of Saratoga on the North and the lands of Lyme Adirondack Timberlands II, LLC on the South, South 82 degrees 27 minutes 56 seconds West (66)' sixty six feet to the point and place of beginning. Containing one tenth (1/10) of an acre of land more or less. Together with an easement and right of way (deed book 1052 at page 792) for all ordinary purposes of ingress and egress, in common with others, following the existing wood road as now used and located and which is shown generally upon a map entitled "Map Showing Location of Right of Way and 5.739 Acre Parcel of Land Proposed to be Conveyed to the Van Curler Broadcasting Co. Located on Spruce Mountain", made by Leslie W. Coulter, Surveyor, dated August 1, 1957 said map filed in the Saratoga County Clerks office in highway map book 15 at page 60. This one tenth (1/10) of an acre piece of land is Subject to the following: 1) Rights granted to the Conservation Department by Interna-
tional Paper Company found in deed book 815 at page 595. 2) Adirondack Park Agency permit found in Miscellaneous records book 25 at page 590. 3) Mineral rights reserved to International Paper Realty Corporation found in deed book 1052 at page 787. 4) Lease agreement to Niagara Mohawk Power Corporation by the County of Saratoga as a second agreement dated 25th day of October 2007. Said one tenth (1/10) of an acre parcel being a portion of lands granted to the County of Saratoga by the International Paper Realty Corporation dated 11th day of November, 1983 and recorded in the Sarato- ga County Clerks office on April 3, 1984 in deed book 1052 at page 787. S 4. This act shall take effect immediately.

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