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A07284 Summary:

BILL NOA07284
 
SAME ASSAME AS S06684
 
SPONSORTannousis
 
COSPNSR
 
MLTSPNSR
 
 
Extends a term estate; makes certain other changes relating to property known as Henry Kaufmann Campgrounds in the borough of Staten Island, city of New York until September 30, 2122.
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A07284 Actions:

BILL NOA07284
 
05/17/2023referred to environmental conservation
01/03/2024referred to environmental conservation
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A07284 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7284
 
SPONSOR: Tannousis
  TITLE OF BILL: An act to extend a term estate and making certain other changes relating to property known as Henry Kaufmann Campgrounds in the borough of Staten Island, city of New York   PURPOSE: This bill extends by 33 years a pre-existing agreement that permits United Jewish Appeal Federation of Jewish Philanthropies of New York, Inc. ("UJA") to use state-owned land as a part of the Henry Kaufmann Campgrounds ("HKC"). HKC hosts summer day camps for over 2,000 primarily middle- and lower-income children, including children with disabilities and LGBTQIA+ children, from Staten Island, Brooklyn, and lower Manhat- tan. The bill also allows the DEC Commissioner to waive provisions of the agreement.   SUMMARY OF PROVISIONS: Section 1. Describes the parties to the agreement and references the agreement to be extended. Section 2. Describes the properties in the agreement using survey data. Sections 3 & 4. Describes the amendment to extend the term of the agree- ment, allows the DEC Commissioner to waive provisions of the agreement, and requires the Commissioner to approve the amended agreement. Section 5. Provides that the bill take effect immediately. Section 6. Requires UJA to prepare the amended agreement, deliver the amended agreement to the Commissioner, and record the amended agreement in accordance with law.   JUSTIFICATION: The day camps operated at HKC offer Jewish and non-Jewish children an opportunity to spend time during the summer in beautiful natural surroundings in the Staten Island Greenbelt while also learning team- work, tolerance, and other important skills. They also provide an impor- tant childcare resource for working parents. Most of.the facilities at HKC were built by UJA in the 1950s and 1960s. Extending the term of the agreement will allow UJA to make significant capital improvements, consistent with the state's conservation purposes and subject to approval by DEC, which will improve safety and accessibility and will bring the facilities up to modern camping standards to better serve campers and their families.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A07284 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7284
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to extend a term estate and making certain other changes relating
          to property known as Henry Kaufmann  Campgrounds  in  the  borough  of
          Staten Island, city of New York

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act affects certain real property known as  and  oper-
     2  ated  as  a part of the Henry Kaufmann Campgrounds in Staten Island, New
     3  York that was acquired, subject to the reservation of certain rights  by
     4  the  grantor, from United Jewish Appeal-Federation of Jewish Philanthro-
     5  pies of New York, Inc. (hereinafter "UJA"), a  New  York  not-for-profit
     6  corporation,  by  The  People  of  the  State of New York, acting by and
     7  through the commissioner of environmental conservation (hereinafter  the
     8  "commissioner")  pursuant to a deed (hereinafter the "deed") dated Janu-
     9  ary 3, 1990, and recorded in the Richmond county clerk's office on Janu-
    10  ary 4, 1990 in book 2321, Page 102, which  real  property  is  described
    11  more particularly in section two of this act. The deed references and is
    12  subject  to  that certain "Agreement Providing for Reservation of a Term
    13  Estate by the Grantor of Real Property Being Acquired by the  People  of
    14  the  State  of  New York Under Article 3, Title 3, Section 3-0305 of the
    15  Environmental Conservation Law", between UJA and The People of the State
    16  of New York, acting by and through  the  commissioner  (hereinafter  the
    17  "agreement"),  dated  December  28,  1989,  and recorded in the Richmond
    18  county clerk's office on January 4, 1990, in Book 2321, Page 134.
    19    § 2. The real property that is the subject of the deed and the  agree-
    20  ment is described in the deed as follows (in the deed the term "Grantor"
    21  means  UJA,  and the term "Grantee" means The People of the State of New
    22  York, acting by and through the commissioner):
    23    ALL THAT PIECE OR PARCEL OF LAND, LYING,  SITUATE  AND  BEING  in  the
    24  borough  of Richmond (Staten Island), County of Richmond, City and State
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10827-01-3

        A. 7284                             2
 
     1  of New York  and  being  more  particularly  bounded  and  described  as
     2  follows:
     3    BEGINNING  at a point on the southeasterly margin of Manor Road at its
     4  intersection with the northeasterly margin  of  Yates  Avenue,  a  paper
     5  street;  thence  northeasterly,  northerly,  northeasterly and northerly
     6  along the margin of Manor Road,  the  following  five  (5)  courses  and
     7  distances:
     8    1)  North  24  degrees  25 minutes 39 seconds East, 1,276.61 feet to a
     9  point;
    10    2) North 49 degrees 23 minutes 26  seconds  East,  109.29  feet  to  a
    11  point;
    12    3) North 03 degrees 23 minutes 00 seconds West, 30.38 feet to a point;
    13    4)  North  49  degrees  35  minutes  00 seconds East, 640.81 feet to a
    14  point;
    15    5) North 02 degrees 32 minutes 40  seconds  West,  139.45  feet  to  a
    16  point; said point being the southwesterly corner of lands now or former-
    17  ly  of  Joseph  Piccolomini  and  Angelina  C. Piccolomini by deed dated
    18  December 17, 1962 and recorded in Liber 1594 of Deeds at page 5  in  the
    19  Richmond  County  Clerk's  Office; thence along the previously mentioned
    20  lands, North 88 degrees 32 minutes 20 seconds East,  128.03  feet  to  a
    21  point in the westerly margin of lands now or formerly of Laura Destefano
    22  by deed dated April 22, 1982 and recorded on Reel 6 of deeds at page 564
    23  on June 11, 1982 in the Richmond Country Clerk's Office; thence souther-
    24  ly  along the westerly margins of lands now or formerly Destefano, Alva-
    25  rado and Nilsen, South 01 degrees 27 minutes  40  seconds  East,  150.00
    26  feet  to  the  southwesterly  corner of lands now or formerly of Arne J.
    27  Nilsen and Kari H. Nilsen by deed dated August 16, 1957 and recorded  in
    28  Liber  1400  of Deeds at page 340 in the Richmond County Clerk's Office;
    29  thence continuing along the lands of Nilsen, North 88 degrees 32 minutes
    30  20 seconds East, 100.00 feet to the  westerly  margin  of  Peru  Street;
    31  thence  southerly  along  the  westerly  margin of Peru Street, South 01
    32  degrees 27 minutes 40 seconds East, 915.00 feet to a point; thence east-
    33  erly along the southerly margin of Pitt  Avenue,  North  88  degrees  32
    34  minutes  20  seconds East, 520.00 feet to a point in the easterly margin
    35  of Bogert Avenue; thence northerly along the easterly margin  of  Bogert
    36  Avenue,  North  01  degrees 27 minutes 40 seconds West, 235.00 feet to a
    37  point in the southerly margin of Morse Avenue; thence easterly along the
    38  southerly margin of Morse Avenue, North 88 degrees 32 minutes 20 seconds
    39  East, 281.28 feet to the westerly margin of lands now or formerly  known
    40  as  the  Richmond Parkway; thence southerly along the westerly margin of
    41  said Richmond Parkway, South 05 degrees  43  minutes  52  seconds  East,
    42  235.66  feet  to  a  point;  thence  continuing  southerly and along the
    43  westerly margin of the Richmond Parkway on a curve to the right having a
    44  radius of 1328.72 feet, central  angle  of  10  degrees  45  minutes  13
    45  seconds, 249.38 feet to a point of compound curvature; thence continuing
    46  southerly  along  the  westerly margin of said Richmond Parkway, along a
    47  curve to the right having a radius of 7,850.00 feet, central angle of 09
    48  degrees 46 minutes 41 seconds, 1,339.68 feet  to  a  point  of  compound
    49  curvature;  thence continuing southerly and along the westerly margin of
    50  the Richmond Parkway on a curve to the right having a radius of 3,982.81
    51  feet, central angle of 02 degrees 31 minutes  46  seconds,  175.84  feet
    52  (chord  bearing  =  South  16 degrees 03 minutes 52 seconds West, 175.82
    53  feet) to a point, said point being the northeast corner of lands now  or
    54  formerly  of  the  Greater  New York Councils, Boy Scouts of America, by
    55  deed dated February 25, 1949 and recorded in Liber 1067 of Deeds at page
    56  502 in the Richmond County Clerk's  Office  on  March  2,  1949;  thence

        A. 7284                             3

     1  northwesterly,  southwesterly  and  northwesterly along the lands now or
     2  formerly of the Greater New York Councils, Boy Scouts  of  America,  the
     3  following four (4) courses and distances:
     4    1) North 54 degrees 13 minutes 34 seconds West, 14.48 feet to a point;
     5    2)  North  56  degrees  39  minutes  35 seconds West, 705.86 feet to a
     6  point;
     7    3) South 27 degrees 01 minutes 06  seconds  West,  253.50  feet  to  a
     8  point;
     9    4)  North  45  degrees  38  minutes  00 seconds West, 499.06 feet to a
    10  point; said point being on the southeasterly terminus of Yates Avenue, a
    11  paper street; thence northeasterly along the southeasterly  terminus  of
    12  the  said  Yates  Avenue,  North  25 degrees 37 minutes 40 seconds East,
    13  31.05 feet to a point on  the  northeasterly  margin  of  Yates  Avenue;
    14  thence  northwesterly  along  the  northeasterly margin of Yates Avenue,
    15  North 63 degrees 44 minutes 59 seconds West, 922.22 feet  to  the  point
    16  and place of beginning.
    17    RESERVING  to  the  Grantor,  in  fee, an 18-acre parcel of land lying
    18  within the bounds of the above-described premises over which the Grantor
    19  will grant a conservation easement to the Grantee by instrument of  even
    20  date  and  intended  to be recorded prior to or simultaneously with this
    21  deed and which parcel of land is more particularly described as follows:
    22    BEGINNING at a point  on  the  southeasterly  margin  of  Manor  Road,
    23  distant  611.09  feet  northeasterly  from  its  intersection  with  the
    24  northeasterly margin of Yates Avenue, a paper street; thence  continuing
    25  along  said  margin of Manor Road generally northeasterly, northerly and
    26  northeasterly the following four (4) courses and distances;
    27    1) North 24 degrees 25 minutes 39  seconds  East,  665.52  feet  to  a
    28  point;
    29    2)  North  49  degrees  23  minutes  26 seconds East, 109.29 feet to a
    30  point;
    31    3) North 03 degrees 23 minutes 00 seconds West, 30.38 feet to a point;
    32    4) North 49 degrees 35 minutes 00  seconds  East,  176.97  feet  to  a
    33  point;  thence  through  and along said lands, the following eleven (11)
    34  courses and distances:
    35    1) Due East, 252.70 feet to a point;
    36    2) South 11 degrees 08 minutes 27  seconds  East,  384.67  feet  to  a
    37  point;
    38    3)  South  42  degrees  34  minutes  40 seconds East, 433.41 feet to a
    39  point;
    40    4) South 55 degrees 19 minutes 40  seconds  East,  497.57  feet  to  a
    41  point;
    42    5)  South  34  degrees  40  minutes  20 seconds West, 180.00 feet to a
    43  point;
    44    6) North 55 degrees 19 minutes 40  seconds  West,  160.00  feet  to  a
    45  point;
    46    7)  South  34  degrees  40  minutes  20 seconds West, 252.03 feet to a
    47  point;
    48    8) North 56 degrees 56 minutes 18  seconds  West,  640.82  feet  to  a
    49  point;
    50    9)  North  52  degrees  29  minutes  04 seconds West, 442.04 feet to a
    51  point;
    52    10) South 15 degrees 06 minutes 16 seconds  West,  252.19  feet  to  a
    53  point;
    54    11)  North  76  degrees  15  minutes 00 seconds West, 195.45 feet to a
    55  point and place of beginning; containing 18.00 acres of  land,  more  or
    56  less.

        A. 7284                             4
 
     1    ALSO  RESERVING  to  the  Grantor the right to occupy and use for camp
     2  purposes the premises hereby conveyed, in fee, for the term of 99  years
     3  from  October  1,  1990. The conditions of such use and occupancy, which
     4  shall be for a ten-week period in each year during said terms  and  more
     5  fully set forth in an agreement of even date between the Grantor and the
     6  Grantee and intended to be recorded prior to or simultaneously with this
     7  deed.
     8    It  is  intended  by  this  deed to convey a parcel of land containing
     9  56.785 acres more or less, in fee, subject to the  above-described  term
    10  estate reserved to the Grantor.
    11    Bearings  are  referenced  to  the system as established by the United
    12  States Coast Guard and Geodetic Survey for the Borough of Richmond.
    13    TOGETHER WITH all right, title, and interest of the Grantor in and  to
    14  all  ponds, streams, streets, roads, and highways lying within, travers-
    15  ing, and abutting the premises hereby conveyed.
    16    Subject to the rights, if any, of the City of New York in and to  that
    17  portion  of  the  above-described  premise  lying within the beds of the
    18  following streets as the same are shown  on  Re-Subdivision  of  Map  of
    19  Ocean  Terrace filed in the Richmond County Clerk's office as Map #1438:
    20  Foster, Browning, Morse, Bogert, Millard &  Pitt  Avenues,  Peru  Street
    21  (formerly Gibson Avenue) and Hays Place (formerly Cromwell Avenue).
    22    Also, Subject to the rights, if any, of the City of New York in and to
    23  that  portion  of  the above-described premises lying within the beds of
    24  Siersema, Kesselman & Mayer Avenues as the same  are  shown  on  Map  of
    25  Lakewood  Manor  dated  August,  1925  and  filed in the Richmond County
    26  Clerk's Office as Map #1581.
    27    BEING the same premises, or portions thereof, conveyed to  the  Feder-
    28  ation  of  Jewish  Philanthropies  of  New  York  by the following deeds
    29  recorded in the Richmond County Clerk's Office:
    30    1) Deed from The City of New York dated April 10, 1958, recorded April
    31  10, 1958 in Liber 1422 Cp 450.
    32    2) Deed from The City of New York dated May 7, 1958, recorded May  16,
    33  1958 in Liber 1422 Cp 452.
    34    3) Deed from The City of New York dated July 28, 1958, recorded August
    35  13, 1958 in Liber 1431 Cp 99.
    36    4) Deed from Aida I. Rapp dated January 19, 1960, recorded February 5,
    37  1960 in Liber 1485 Cp 250.
    38    5)  Deed  from  The  City of New York dated January 15, 1962, recorded
    39  June 5, 1962 in Liber 1571 Cp 158.
    40    6) Deed from William Tutschek dated October 27, 1953, recorded  Novem-
    41  ber 10, 1953 in Liber 1260 Cp 342.
    42    7) Deed from The City of New York dated July 28, 1958, recorded August
    43  13, 1958 in Liber 1431 Cp 101.
    44    8)  Deed from William L. Hemsworth and Margaret Hemsworth dated Decem-
    45  ber 6, 1960, recorded December 30, 1960 in Liber 1516 Cp. 470.
    46    9) Deed from Frank Tutschek and Caroline Tutschek dated June 23, 1952,
    47  recorded July 8, 1952, in Liber 1201 Cp 223.
    48    10) Deed from The City of New York dated February  9,  1962,  recorded
    49  June 5, 1962 in Liber 1571 Cp 162.
    50    11)  Deed  from The City of New York dated December 29, 1961, recorded
    51  January 25, 1962 in Liber 1557 Cp 454.
    52    12) Deed from Aida Rapp dated January 2,  1962,  recorded  January  8,
    53  1962 in Liber 1556 Cp 224.
    54    13)  Deed from Ellsworth B. Buck dated June 5, 1965, recorded June 17,
    55  1965 in Liber 1695 Cp 144.

        A. 7284                             5
 
     1    14) Deed from James A. Flood dated September 17, 1951, recorded  Octo-
     2  ber 26, 1951 in Liber 1175 Cp 495.
     3    15)  Deed  from  The  City  of New York dated March 11, 1957, recorded
     4  April 17, 1957 in Liber 1387 Cp 252.
     5    16) Deed from Greater New York Councils, Boy Scouts of America,  dated
     6  July 14, 1960, recorded August 1, 1960 in Liber 1501 Cp 205.
     7    TOGETHER  WITH  the appurtenances and all the estate and rights of the
     8  Grantor in and to said premises.
     9    § 3. The commissioner shall agree to amend the deed by  replacing  the
    10  words  "for  the term of 99 years from October 1, 1990" appearing in the
    11  sentence beginning "ALSO RESERVING" with the  words  "for  the  term  of
    12  years until September 30, 2122".
    13    § 4. The commissioner shall agree to amend the agreement as follows:
    14    1.  In  the  second WHEREAS clause of the agreement, replace the words
    15  "for a period of 99 years" with the words "until September 30, 2122".
    16    2. In the first sentence of section one of the agreement, replace  the
    17  words  "for  a  period  expiring  99 years from the first day of October
    18  first following the recording of the deed conveying the Property to  The
    19  People  of the State of New York," with the words "for a period expiring
    20  September 30, 2122,".
    21    3. At the end of section seventeen of the  agreement,  add  the  words
    22  "The  Commissioner  shall  have to power to waive in writing any limita-
    23  tion, restriction or requirement contained in this Agreement."
    24    § 5. This act shall take effect immediately; provided,  however,  that
    25  instruments  amending the deed and the agreement as provided for in this
    26  act shall be prepared and executed by UJA and delivered to  the  commis-
    27  sioner  within  thirty  days  after  this  act takes effect and shall be
    28  executed by the commissioner and returned  to  UJA  within  thirty  days
    29  thereafter, whereupon UJA shall cause such instruments to be recorded in
    30  the  Richmond  county  clerk's  office  and  shall deliver copies of the
    31  recorded instruments to the commissioner.
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