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S05630 Summary:

BILL NOS05630
 
SAME ASSAME AS A07631
 
SPONSORLARKIN
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the alienation and replacement of certain parkland in the village of Montgomery in Orange county.
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S05630 Actions:

BILL NOS05630
 
04/21/2017REFERRED TO LOCAL GOVERNMENT
05/09/20171ST REPORT CAL.801
05/10/20172ND REPORT CAL.
05/15/2017ADVANCED TO THIRD READING
06/05/2017HOME RULE REQUEST
06/05/2017PASSED SENATE
06/05/2017DELIVERED TO ASSEMBLY
06/05/2017referred to local governments
06/14/2017substituted for a7631
06/14/2017ordered to third reading rules cal.240
06/14/2017home rule request
06/14/2017passed assembly
06/14/2017returned to senate
08/09/2017DELIVERED TO GOVERNOR
08/21/2017SIGNED CHAP.253
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S05630 Memo:

Memo not available
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S05630 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5630
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 21, 2017
                                       ___________
 
        Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT authorizing the village of Montgomery in the county of Orange  to
          alienate certain parcels of land used as parkland and to acquire other
          parcels of land to replace such parkland

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subject to the provisions of this act, the village of Mont-
     2  gomery in the county of Orange, acting  by  and  through  its  governing
     3  body,  is hereby authorized to discontinue as parklands and alienate the
     4  lands more particularly described in section three of this act,  and  to
     5  sell  and convey such parklands at fair market value and upon such other
     6  terms and conditions as determined by the governing body of the  village
     7  of Montgomery in the county of Orange.
     8    § 2. The authorization contained in section one of this act shall take
     9  effect  only  upon  the  condition that the village of Montgomery in the
    10  county of Orange shall acquire  and  dedicate  the  lands  described  in
    11  section four of this act as additional parklands of the county.
    12    §  3.  The  lands  to  be  discontinued  as  parklands  are more fully
    13  described as follows:
    14    ALL that parcel of land, lying, situate and being in  the  Village  of
    15  Montgomery, Town of Montgomery, County of Orange, State of New York, and
    16  being more accurately described as follows:
    17    BEGINNING  at  a  point  in  common  with lands now or formerly of the
    18  Village of Montgomery, Tax Map Section 201,  Block  3,  Lot  18.1,  said
    19  point  also  being  a  point in common with lands now or formerly of the
    20  Village of Montgomery, Tax Map Section  201,  Block  3,  Lot  19.2;  and
    21  running thence along said Lot 18.1 N70°28'00"W 160.00 feet; thence leav-
    22  ing  said Lot 18.1 and running through Lot 19.2 N00°00'00"E 220.95 feet;
    23  thence N27°59'05"E 261.84 feet to a point in common with  lands  now  or
    24  formerly  of  Riverside  Cemetery,  Tax Map Section 201, Block 3, Lot 3;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10713-01-7

        S. 5630                             2
 
     1  thence along said Lot 3  S58°50'00"E  298.62  feet;  thence  S31°10'00"W
     2  24.00  feet;  thence  S58°50'00"E  45.00  feet; thence N31°10'00"E 24.00
     3  feet; thence S60°18'00"E 186.00 feet; thence  leaving  said  Lot  3  and
     4  running  through  Lot  19.2  S30°39'00"W 372.09 feet; thence N70°28'00"W
     5  252.50 feet to the point or place of beginning.
     6    Containing 4.74± acres of land.
     7    Subject to any easements or agreements, if any.
     8    § 4. The village of Montgomery in the county of Orange, acting by  and
     9  through its governing body, shall dedicate the replacement lands for use
    10  as parkland for public purposes described as follows:
    11    All that certain plot, piece, or parcel of land situate in the Village
    12  of  Montgomery,  County  of  Orange, State of New York, said lands being
    13  shown as Lot 1 on a map entitled "Subdivision Prepared  For  Village  of
    14  Montgomery,  Village  of  Montgomery,  Orange  County,  New York", dated
    15  December 16, 2016, last revised December 22, 2016, prepared  by  Lanc  &
    16  Tully Engineering and Surveying, P.C., said lands being more particular-
    17  ly bounded and described as follows:
    18    BEGINNING  at  a  point  lying on a southwesterly line of lands now or
    19  formerly Village of Montgomery, Inc., being the easterly corner of lands
    20  herein described and the northerly corner of Lot  2,  as  shown  on  the
    21  previously mentioned map;
    22    THENCE  running  along the northwesterly line of said Lot 2, being the
    23  southeasterly line of lands herein described,
    24    1) South 42 degrees, 06' 37" West, as per Liber 3794 of Deeds at  Page
    25  127,  a distance of 281.66 feet, to a point being the westerly corner of
    26  said Lot 2, the southerly corner of lands herein described and lying  on
    27  the northeasterly line of lands now or formerly Coddington;
    28    THENCE  running  along a portion of the northeasterly line of lands of
    29  said Coddington, being the southwesterly line of lands herein described,
    30    2) North 42 degrees, 55' 50" West, a distance  of  476.43  feet  to  a
    31  point  being  the  northerly  corner  of  lands  of said Coddington, the
    32  westerly corner of lands herein described and lying on  a  southeasterly
    33  line of lands now or formerly Village of Montgomery, Inc.;
    34    THENCE  running  along  a  portion of a southeasterly line of lands of
    35  said Village of Montgomery, Inc., being a northwesterly  line  of  lands
    36  herein described,
    37    3)  North  41  degrees,  04' 21" East, a distance of 240.56 feet, to a
    38  point being the northerly corner of lands herein described,
    39    THENCE running along a portion of southwesterly line of lands of  said
    40  Village of Montgomery, Inc., being the northeasterly line of lands here-
    41  in described on the following two (2) courses and distances:
    42    4) South 47 degrees, 52' 47" East, a distance of 276.14 feet; and
    43    5)  South  47 degrees, 53' 23" East, a distance of 202.86 feet, to the
    44  point or place of BEGINNING.
    45    Containing 2.857 ± acres.
    46    Premises herein described being a portion of Tax Map  Lot  No.  3,  in
    47  Block  1,  within  Section  205, as shown the Tax Maps of the Village of
    48  Montgomery, Orange County, New York dated 2016.
    49    Premises herein described being a portion  of  the  same  premises  as
    50  described  in  Liber  3794  of Deeds at Page 127, as filed in the Orange
    51  County Clerk's Office.
    52    Premises herein described having the benefit of an access easement  in
    53  favor  of  Lot  1,  as shown on a map entitled "Subdivision Prepared For
    54  Village of Montgomery, Village of Montgomery, Orange County, New  York",
    55  dated  December  16,  2016,  last revised December 22, 2016, prepared by

        S. 5630                             3
 
     1  Lanc & Tully Engineering and Surveying, P.C.,  being  more  particularly
     2  bounded and described as follows:
     3    Beginning  at  a  point  being  the  easterly  corner  of lands herein
     4  described and lying on the northeasterly line of Lot 2, as shown on  the
     5  previously  mentioned  map,  said  point  being  the southerly corner of
     6  Bridge Street and the westerly corner of lands now or  formerly  Village
     7  of Montgomery;
     8    THENCE  running  through said Lot 2, being southeasterly and southwes-
     9  terly lines of lands herein described on the following two  (2)  courses
    10  and distances:
    11    1)  South 42 degrees, 06' 37" West, as per Liber 3794 of Deeds at Page
    12  127, a distance of 49.99 feet, to a point being the southerly corner  of
    13  lands herein described; and
    14    2) North 47 degrees, 53' 44" West, a distance of 67.08 feet to a point
    15  being  the  westerly  corner  of lands herein described and lying on the
    16  southerly line of Lot 1, as shown on the previously mentioned map;
    17    THENCE running along a portion of the southerly line of  said  Lot  1,
    18  being the northwesterly line of lands herein described,
    19    3)  North  42  degrees,  06'  37" East, a distance of 50.00 feet, to a
    20  point being the easterly corner of said Lot 1, the northerly  corner  of
    21  lands  herein described and lying on the southwesterly line of lands now
    22  or formerly Village of Montgomery, Inc.;
    23    THENCE running along a portion of the southwesterly line of  lands  of
    24  said  Village of Montgomery, Inc. and continuing along the southwesterly
    25  line of Bridge Street being  the  northeasterly  line  of  lands  herein
    26  described;
    27    4)  South  47  degrees, 53' 23" East, a distance of 67.08 feet, to the
    28  point or place of BEGINNING.
    29    Containing 0.077 ± acres.
    30    Premises herein  described  being  subject  to  any  other  easements,
    31  rights-of-way, covenants or restrictions of record.
    32    § 5. In the event that the parklands to be dedicated by the village of
    33  Montgomery in the county of Orange pursuant to this act are not equal to
    34  or greater than the fair market value of the parkland to be discontinued
    35  and  conveyed,  the  village of Montgomery in the county of Orange shall
    36  dedicate the difference of the fair market value  of  the  lands  to  be
    37  alienated  and  the  lands  to be dedicated for the acquisition of addi-
    38  tional parklands and/or for capital improvements to  existing  park  and
    39  recreational facilities.
    40    §  6.  In  the  event  that the village of Montgomery in the county of
    41  Orange received any funding  support  or  assistance  from  the  federal
    42  government for the purchase, maintenance or improvement of the parklands
    43  set  forth  in  section three of this act, the discontinuance and alien-
    44  ation of such parkland authorized by the provisions of  this  act  shall
    45  not  occur  until  the village of Montgomery in the county of Orange has
    46  complied with any federal requirements pertaining to the  alienation  or
    47  conversion  of such parklands, including satisfying the secretary of the
    48  interior that the alienation or conversion complies with all  conditions
    49  which  the  secretary  of  the  interior  deems  necessary to assure the
    50  substitution of other lands shall be equivalent in fair market value and
    51  usefulness to the lands being alienated or converted.
    52    § 7. This act shall take effect immediately.
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