Bill S7731-2009

Extends the term of the lease of certain park lands and provides for the return of such park lands to the village of Round Lake upon the occurrence of certain conditions

Extends the term of the lease of certain park lands and provides for the return of such park lands to the village of Round Lake upon the occurrence of certain conditions.

Details

Actions

  • Jun 24, 2010: referred to local governments
  • Jun 24, 2010: DELIVERED TO ASSEMBLY
  • Jun 24, 2010: PASSED SENATE
  • Jun 24, 2010: HOME RULE REQUEST
  • Jun 8, 2010: ADVANCED TO THIRD READING
  • Jun 7, 2010: 2ND REPORT CAL.
  • Jun 3, 2010: 1ST REPORT CAL.740
  • May 5, 2010: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 3, 2010
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan

Memo

 BILL NUMBER:  S7731

TITLE OF BILL : An act to amend chapter 542 of the laws of 1997 relating to authorizing the village of Round Lake in the town of Malta and county of Saratoga to discontinue the use as such of certain park lands no longer needed for park purposes and to lease the same, in relation to extending the provisions thereof and providing for the return of such lands upon the occurrence of certain conditions

PURPOSE : In 1997, the State of New York granted the Village of Round Lake the right, subject to approval by the village board, to lease a parcel of park land for use by a public utility/personal wireless facility. Pursuant to this law, the Village of Round Lake then entered into an option and lease agreement with Bell Atlantic Mobile for a term of five years. Both parties subsequently agreed to renew said lease for two additional five-year terms. Bell Atlantic Mobile expressed interest in again extending the lease for five additional five-year terms, while only one extension may be granted by the Village of Round Lake pursuant to existing law. In addition to this remaining available five-year term, this legislation would grant the village board authority to renew said lease to accommodate the request by Bell Atlantic Mobil.

SUMMARY OF PROVISIONS : Section one changes the term for which park land located within the Village of Round Lake may be leased from twenty to forty years. Further, the bill includes a provision requiring that said land be "returned substantially to its previous state" to bring the legislation in line with more recent alienation laws. To address the pier foundations required for safety and compliance, the bill adopts a standard decommissioning approach of requiring removal to at least three feet below the surface.

EXISTING LAW : Chapter 542 of the Laws of 1997.

JUSTIFICATION : This change will allow the Village of Round Lake to continue receipt of lease revenues, which must be used exclusively for the purchase of new park land and/or the improvement of existing park land. Further, such use of this land will have no negative impact on the environment, and in fact will provide ecological benefits at the expiration of lease terms.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ S. 7731 A. 10962 S E N A T E - A S S E M B L Y May 5, 2010 ___________
IN SENATE -- Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government IN ASSEMBLY -- Introduced by M. of A. JORDAN -- read once and referred to the Committee on Local Governments AN ACT to amend chapter 542 of the laws of 1997 relating to authorizing the village of Round Lake in the town of Malta and county of Saratoga to discontinue the use as such of certain park lands no longer needed for park purposes and to lease the same, in relation to extending the provisions thereof and providing for the return of such lands upon the occurrence of certain conditions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Chapter 542 of the laws of 1997 relating to authorizing the village of Round Lake in the town of Malta and county of Saratoga to discontinue the use as such of certain park lands no longer needed for park purposes and to lease the same, is amended to read as follows: Section 1. Notwithstanding any inconsistent provisions of general, special or local law, rule or regulation to the contrary, the village of Round Lake in the town of Malta and county of Saratoga, acting by and through its village board, is hereby authorized and empowered to discon- tinue as park land and to lease, for a term not in excess of [twenty] FORTY years, the lands hereinafter described in section two of this act, which had been acquired, reserved or designated by the village of Round Lake for park and recreational purposes and are no longer needed for said park purposes, for public utility/personal wireless facility purposes for consideration equal to the fair market value of the inter- est to be transferred, upon such terms and conditions as such board of trustees may fix and determine. S 2. The lands referred to in section one of this act to be discontin- ued as park lands, which may be leased by the village of Round Lake pursuant to the provisions of this act, are described more fully as follows:
PROPOSED LEASE PARCEL-PARCEL ONE All that tract or parcel of land in the Village of Round Lake, County of Saratoga and State of New York and being more particularly bounded and described as follows: Commencing at a point at its intersection with the property division line between lands now or formerly of Whitehead Brothers Company as described in Liber 954 of deeds at page 590 on the north and lands now or formerly of Village of Round Lake as described in Liber 873 of deeds at page 363 on the south; thence South 50°-32'-03" East, through said lands now or formerly of Village of Round Lake, 19.92 feet to the point of beginning of a proposed lease parcel; thence continuing through said lands now or formerly of Village of Round Lake the following four (4) courses and distances: 1) South 00°-00'-00" East, 50.00 feet to a point; 2) South 90°-00'-00" West, 50.00 feet to a point; 3) North 00°-00'-00" West, 50.00 feet to a point; 4) North 90°-00'-00" East, 50.00 feet to the point and place of begin- ning and containing 2,500 square feet or 0.06 acres, more or less. Subject to the right of the Village of Round Lake Board of Trustees, in its sole discretion, to reasonably relocate the said boundaries to a location of no larger size that will not interfere with existing and proposed water improvements and will allow for the safe and proper construction of a communications facility. ACCESS AND UTILITY EASEMENT-PARCEL TWO All that tract or parcel of land in the Village of Round Lake, County of Saratoga and State of New York and being more particularly bounded and described as follows: Beginning at a railroad spike in the center of Washington Avenue at the reputed center of Bangs Road, being the centerline of a 25 foot wide access and utility easement, and running through lands now or formerly of The Village of Round Lake the following sixteen (16) courses and distances: 1) South 83°-06'-55" West, 201.09 feet to a point; 2) South 79°-01'-50" West, 38.92 feet to a point; 3) South 69°-48'-20" West, 30.46 feet to a point; 4) South 62°-58'-23" West, 399.19 feet to a point; 5) South 55°-12'-41" West, 40.21 feet to a point; 6) South 67°-31'-24" West, 40.91 feet to a point; 7) South 60°-12'-34" West, 82.27 feet to a point; 8) North 72°-49'-46" West, 70.82 feet to a point; 9) North 70°-30'-20" West, 37.44 feet to a point; 10) North 66°-14'-33" West, 47.41 feet to a point; 11) North 76°-19'-02" West, 27.65 feet to a point; 12) South 82°-26'-32" West, 27.65 feet to a point; 13) South 71°-49'-19" West, 96.64 feet to a point; 14) South 61°-40'-39" West, 26.42 feet to a point; 15) South 41°-23'-20" West, 26.42 feet to a point; 16) South 31°-14'-40" West, 37.14 feet to the point on the easterly boundary of a proposed lease parcel and said point being 14.95 feet distant southerly along said easterly boundary from the northeast corner of said proposed lease parcel, and containing 30, 792 square feet or 0.71 acres, more or less.
Subject to the right of the Village of Round Lake Board of Trustees, in its sole discretion, to reasonably relocate the access and utility easement to a location that will not interfere with existing and proposed water improvements and will allow for the safe and proper construction of an access drive. S 3. The net proceeds from the lease of the lands described in section two of this act shall be used by the Village of Round Lake exclusively for the purchase of additional park land [or] AND/OR the capital improvement of existing park and recreational facilities within such village. S 4. SHOULD THE LEASED LANDS DESCRIBED IN SECTION TWO OF THIS ACT CEASE TO BE USED FOR THE PURPOSE DESCRIBED IN SECTION ONE OF THIS ACT, THE LEASE SHALL TERMINATE AND THOSE LANDS SHALL REVERT TO THE VILLAGE OF ROUND LAKE FOR PUBLIC PARK AND RECREATIONAL PURPOSES. AT THE TIME OF SUCH REVERSION, THE REMOVAL OF SUCH WIRELESS COMMUNICATIONS FACILITY SHALL TAKE PLACE AND THE PROPERTY SHALL BE RETURNED SUBSTANTIALLY TO ITS PREVIOUS STATE, CONSISTENT WITH PARKS AND RECREATIONAL PURPOSES. NOTWITHSTANDING THE PREVIOUS SENTENCE, FOUNDATIONS AND OTHER UNDERGROUND STRUCTURES LOCATED THREE FEET OR MORE BELOW GRADE SHALL REMAIN ON AND IN THE PROPERTY UPON TERMINATION OF THE LEASE. S 5. This act shall take effect immediately. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus