Amd §§1, 2, 5 & 6, Chap of 2023 (as proposed in S.7542 & A.7756)
Relates to the metes and bounds of certain land to be conveyed by the state to the town of Romulus, county of Seneca; provides that such land shall revert to the state if not used for specific purposes; provides for the repeal of such provisions upon expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8567
SPONSOR: Palmesano TITLE OF BILL:
An act to amend a chapter of the laws of 2023 relating to authorizing
the commissioner of general services to transfer and convey certain
unappropriated state land to the town of Romulus, as proposed in legis-
lative bills numbers S. 7542 and A. 7756, in relation to land to be
conveyed by the state and circumstances under which such land shall
revert to the state
PURPOSE OR GENERAL IDEA OF BILL:
authorizes the commissioner of general services to convey an abandoned
parcel of land to the Town of Romulus for the expansion of a wastewater
treatment facility.
JUSTIFICATION:
Over the years, the Department of Corrections and Community Supervision
has assisted in making surplus property available to municipalities and
not-for-profit corporations upon a showing of important need when the
property is no longer needed..In this instance, a water treatment facil-
ity, located at the Willard Drug Treatment Facility, is no longer needed
by the state and is currently not being used to its maximum potential.
The Town of Romulus seeks to utilize this facility to its maximum
output, thereby providing water treatment services for the town includ-
ing the nearby Business District, residential community and the elemen-
tary school. The transfer would also allow the town to take advantage of
grants that are unavailable to others to substantially improve water
treatment services. This transfer would also prevent the Town of Romulus
from having to construct its own water treatment facility which would
cost taxpayers millions of dollars.
The transfer of land has received statements of approval from the
Department of Corrections and Community Supervision, the New York State
Department of Environmental Conservation and the New York State Office
of General Services.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Virtually none to the state. Will result in savings for the Town of
Romulus.
EFFECTIVE DATE:
This act shall take effect immediately as defined in the bill.
STATE OF NEW YORK
________________________________________________________________________
8567
IN ASSEMBLY
January 10, 2024
___________
Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend a chapter of the laws of 2023 relating to authorizing
the commissioner of general services to transfer and convey certain
unappropriated state land to the town of Romulus, as proposed in
legislative bills numbers S. 7542 and A. 7756, in relation to land to
be conveyed by the state and circumstances under which such land shall
revert to the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of a chapter of the laws of 2023 relating to
2 authorizing the commissioner of general services to transfer and convey
3 certain unappropriated state land to the town of Romulus, as proposed in
4 legislative bills numbers S. 7542 and A. 7756, is amended to read as
5 follows:
6 Section 1. Subject to the provisions of this act but notwithstanding
7 any other provision of law to the contrary, the commissioner of general
8 services is hereby authorized, subject to the consent of the commission-
9 er of corrections and community supervision, to transfer and convey to
10 the town of Romulus in the county of Seneca, the state land described in
11 section two of this act, [owned by] under the jurisdiction of the
12 department of corrections and community supervision and being in the
13 town of Romulus in the county of Seneca[, declared to be abandoned state
14 land by the department of corrections and community supervision]. The
15 transfer and conveyance of the land described in section two of this act
16 shall be made in consideration of the sum of one dollar and upon such
17 conditions as the commissioner of general services may deem proper.
18 § 2. Section 2 of a chapter of the laws of 2023 relating to authoriz-
19 ing the commissioner of general services to transfer and convey certain
20 unappropriated state land to the town of Romulus, as proposed in legis-
21 lative bills numbers S. 7542 and A. 7756, is amended to read as follows:
22 § 2. The lands authorized by section one of this act to be transferred
23 and conveyed shall be those parcels as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11388-03-4
A. 8567 2
1 All those parcels of land situate in the Town of Ovid, County of Sene-
2 ca and State of New York, being more particularly described as follows:
3 [Building 122 (Water Pump Station)
4 A rectangular parcel of land generally being bounded by the following
5 boundaries:
6 (a) On the North being 5 feet northerly of and parallel to Building
7 122;
8 (b) On the East being 10 feet easterly of and parallel to Building
9 122;
10 (c) On the South being 25 feet southerly of and parallel to Building
11 122; and
12 (d) On the West being 20 feet westerly of and parallel to Building
13 122.
14 Buildings 163, 253 & 254 (Water Treatment Plant & Tanks)
15 A parcel of land generally being bounded by the following boundaries:
16 (a) On the North being 24.75 feet southerly of and parallel to the
17 existing roadway;
18 (b) On the East being 50 feet easterly of and parallel to the projec-
19 tion of the most easterly sides of the existing Raw Water Tank and
20 Finish Water Tank;
21 (c) On the South being 50 feet southerly of the most southerly side of
22 the existing Finish Water Tank and at right angles to the easterly boun-
23 dary;
24 (d) On the Southwest being 50 feet at right angle to the most south-
25 west corner of the existing Water Plant and at a 45-degree angle to the
26 southerly boundary; and
27 (e) On the West being 50 feet westerly of and parallel to the most
28 westerly edge of the parking lot.
29 Building 255 (Elevated Water Tank)
30 A parcel of land generally being bounded by the following boundaries:
31 (a) On the North being 100 feet northerly of the center of the
32 Elevated Water Tank running due east - west based upon New York State
33 Plane Coordinates, Central Zone, NAD 83;
34 (b) On the East being 100 feet easterly of the center of the Elevated
35 Water Tank and at right angles to the northerly boundary;
36 (c) On the South being 100 feet southerly of the center of the
37 Elevated Water Tank and at right angles to the easterly boundary; and
38 (d) On the West being 100 feet westerly of the center of the Elevated
39 Water Tank and at right angles to the southerly boundary.
40 Buildings 64 & 65 (Staff Residence & Staff Garage)
41 A rectangular parcel of land generally being bounded by the following
42 boundaries:
43 (a) On the North being along the southerly boundary of East Lake Road,
44 having an assumed 3 rod (49.5 foot) right of way;
45 (b) On the East being 75 feet easterly of and parallel to the most
46 easterly wall of Building 64 (Staff Residence);
47 (c) On the South being along a line 10 northerly of and parallel to
48 the northerly top of bank of a drainage channel; and
49 (d) On the West being 50 feet westerly of and parallel to the most
50 westerly wall of Building 64 (Staff Residence).]
51 Building 122, 89, and 90 (Water Pump Station, Sewage Lift Station, and
52 Storage Building)
53 A parcel of land generally being bounded by the following boundaries:
54 (a) On the North to the centerline of East Lake Road (C.R.132A);
55 (b) On the East being 10 feet easterly of and parallel to the Sewage
56 Lift Station;
A. 8567 3
1 (c) On the South being 25 feet southerly of and parallel to Building
2 122; and
3 (d) On the West being 20 feet westerly of and parallel to Building
4 122.
5 Buildings 163, 253 & 254 (Water Treatment Plant & Tanks) A Parcel of
6 land generally being bounded by the following boundaries:
7 (a) On the North being 24.75 feet southerly of and parallel to the
8 existing roadway;
9 (b) On the East being 50 feet easterly of and parallel to the projec-
10 tion of the most easterly sides of the existing Raw Water Tank and
11 Finish Water Tank;
12 (c) On the south being 50 feet southerly of the most southerly side of
13 the existing Finish Water Tank and at right angles to the easterly boun-
14 dary;
15 (d) On the Southwest being 50 feet from the most southwest corner of
16 the existing Water Plant and at a 45-degee angle to the southerly bound-
17 ary; and
18 (e) On the West being 191.5 feet westerly of and parallel to the most
19 Westerly edge of the parking lot.
20 Building 255 (Elevated Water Tank)
21 A parcel of land generally being bounded by the following boundaries:
22 (a) On the North running along the north edge of gravel parking lot
23 thence northeasterly along the treeline thence easterly and at right
24 angles to the east property line;
25 (b) On the East by the east property line;
26 (c) On the South being 100 feet southerly of the center of the
27 Elevated Water Tank and at right angles to the easterly boundary; and
28 (d) On the West to the easterly edge of the asphalt drive and its
29 projection through the parking lot.
30 Buildings 64 & 65 (Staff Residence & Staff Garage)
31 A parcel of land generally being bounded by the following boundaries:
32 (a) On the North being along the southerly boundary of East Lake Road,
33 having an assumed 3 rod (49.5 foot) right of way;
34 (b) On the East being 75 feet easterly of and parallel to the most
35 easterly wall of Building 64 (Staff Residence);
36 (c) On the South being along a line 10 feet northerly of and parallel
37 to the northerly top of the bank of a drainage channel; and
38 (d) On the West being 50 feet westerly of and parallel to the most
39 westerly wall of Building 64 (Staff Residence).
40 § 3. Subdivision (b) of section 5 of a chapter of the laws of 2023
41 relating to authorizing the commissioner of general services to transfer
42 and convey certain unappropriated state land to the town of Romulus, as
43 proposed in legislative bills numbers S. 7542 and A. 7756, is amended to
44 read as follows:
45 (b) The conveyance of the land described in this act shall contain a
46 covenant and restriction requiring that the land be used for the purpose
47 set forth in subdivision (a) of this section. In the event the premises
48 are not accepted and/or used for such purposes, [ownership of the land
49 shall revert to the state of New York] the title to said land shall
50 revert to the people of the state of New York, and the attorney general
51 may institute an action in the supreme court for a judgment declaring a
52 revesting of such title in the people of the state of New York.
53 § 4. Section 6 of a chapter of the laws of 2023 relating to authoriz-
54 ing the commissioner of general services to transfer and convey certain
55 unappropriated state land to the town of Romulus, as proposed in legis-
56 lative bills numbers S. 7542 and A. 7756, is amended to read as follows:
A. 8567 4
1 § 6. This act shall take effect immediately, and shall expire 2 years
2 after such effective date when upon such date the provisions of this act
3 shall be deemed repealed.
4 § 5. This act shall take effect immediately; provided, however that
5 sections one, two and three of this act shall take effect on the same
6 date and in the same manner as a chapter of the laws of 2023 relating to
7 authorizing the commissioner of general services to transfer and convey
8 certain unappropriated state land to the town of Romulus, as proposed in
9 legislative bills numbers S. 7542 and A. 7756, takes effect; and
10 provided, further that the amendments to sections one, two and five of a
11 chapter of the laws of 2023 relating to authorizing the commissioner of
12 general services to transfer and convey certain unappropriated state
13 land to the town of Romulus, as proposed in legislative bills numbers S.
14 7542 and A. 7756, made by sections one, two and three of this act,
15 respectively, shall not affect the expiration of such sections and shall
16 be deemed repealed therewith.
