Authorizes the town of Alden to convey an easement to the village of Alden in the Alden Town Park.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, 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, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to authorize the town of Alden to convey as easement to the village of Alden in the Alden Town Park
PURPOSE: To allow the town of Alden to convey property in Alden park for use as an easement.
SUMMARY OF PROVISIONS: Section 1. Authorization of the town of Alden to convey property to the village of Alden for an easement.
Section 2. Effective date.
JUSTIFICATION: In order to expand the existing public water system, the village of Alden needs an easement of a portion of land located in Alden Park. This bill would allow the town of Alden to convey an easement in Alden Park for the construction of a new water transmission line. The village of Alden will restore the surface of the conveyed area to original conditions and it will continue to be used as part of the park.
LEGISLATIVE HISTORY: New bill.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7027 IN SENATE April 24, 2012 ___________Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to authorize the town of Alden to convey an easement to the village of Alden in the Alden Town Park THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The Town of Alden, acting by and through its Town Board, is hereby authorized to convey by appropriate instruments to the village of Alden an easement in Alden Town Park described in section three of this act, for the purpose of enabling such village to construct, and repair when necessary, a transmission main which will extend the existing public water supply system. With the completion of construction, the village of Alden shall restore the surface of the lands and the lands shall continue to be used for park purposes. S 2. The authorization provided in section one of this act shall be effective only upon the condition that the town of Alden dedicate an amount equal to or greater than the fair market value of the easement interest being alienated pursuant to section one of this act to the acquisition of new parklands and/or for capital improvements to existing park and recreational facilities. S 3. The easement to be conveyed by the Town of Alden pursuant to the provisions of this act is described as follows: All that certain plot, piece or parcel of land situate, lying and being located in the Town of Alden, County of Erie and State of New York, being more particularly bounded and described as follows: Being at a point on the division line between lands of the Town of Alden and the lands of the Alden Central School District a distance of 1,589.94 feet northerly from the north line of West Main Street; thence northerly and along the east line of the lands of the Town of Alden and parallel to the east line of said lot 18, a distance of 720.35 feet to a point located 2,310.29 feet north of the north line of West Main Street and at the south line of the perpetual Right-of-Way between the Village of Alden and the Town of Alden; thence westerly and parallel with theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15475-02-2 S. 7027 2
north line of West Main Street, a distance of 30 feet; thence southerly a distance of 720.35 feet parallel to the east line of said lot 18, to a point at the northeast corner of lands of the Village of Alden; thence easterly and parallel with the north line of West Main Street, a distance of 30 feet to the point or place of beginning. S 4. The conveyance of the easement is authorized by the provisions of this act and shall not occur until the town of Alden has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands. S 5. This act shall take effect immediately.