STATE OF NEW YORK
________________________________________________________________________
S. 2912 A. 4297
2011-2012 Regular Sessions
SENATE - ASSEMBLY
February 3, 2011
___________
IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Cultural
Affairs, Tourism, Parks and Recreation
IN ASSEMBLY -- Introduced by M. of A. DUPREY -- read once and referred
to the Committee on Local Governments
AN ACT to authorize the village of Saranac Lake, in the counties of
Essex and Franklin, to establish permanent and temporary easements
upon park lands for the purpose of constructing and operating a munic-
ipal waterworks system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any provision of law to the contrary, the
2 village of Saranac Lake, in the counties of Essex and Franklin, acting
3 by and through its board of trustees, is hereby authorized to (a) estab-
4 lish permanent easements upon and under the village park lands described
5 in section three of this act for the purpose of constructing, operating
6 and maintaining a municipal water line and a municipal water tower
7 facility; and (b) establish temporary construction easements upon and
8 under the village park lands described in section four of this act for
9 the purpose of constructing a municipal water line and a municipal water
10 tower facility. Provided, however, that the authorization for temporary
11 easements granted in subdivision (b) of this section shall cease upon
12 the completion of the construction of a municipal water line and munici-
13 pal water tower facility, and the park lands described in section four
14 of this act shall thereafter be restored to their original condition and
15 continue to be used as park lands. Furthermore, upon the completion of
16 the construction of a municipal water line and municipal water tower
17 facility upon the park lands described in section three of this act, the
18 surface of such lands shall be restored to their original condition and
19 continue to be used as park lands.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07601-01-1
S. 2912 2 A. 4297
1 § 2. The authorizations granted in section one of this act shall take
2 effect only on the condition that the village of Saranac Lake shall
3 acquire and dedicate as park lands the parcels of equal or greater value
4 described in section five of this act.
5 § 3. The park lands upon and under which permanent easements may be
6 granted pursuant to subdivision (a) of section one of this act are
7 described as follows:
8 ALL THAT TRACT OR PARCEL OF LAND containing 2.57 acres, more or less,
9 situate on lands owned now or formerly by Village of Saranac Lake in the
10 County of Essex being Tax Parcel I.D. Number 32.0AB-1-1.000, as shown on
11 a map entitled, "Mt. Pisgah Land Requirement Permanent Land" - on the
12 Mt. Pisgah Veteran's Memorial Ski Center property, as prepared by
13 Dodson & Associate Consulting Engineers, PLLC, dated October, 2010,
14 identified as Job Number 081102, and being more particularly bounded and
15 described as follows:
16 ALL OF THAT TRACT, part, piece or parcel of land situate in Lot 9,
17 Township 11, Old Military Tract, Town of St. Armand, County of Franklin
18 and State of New York; and being more particularly bounded and described
19 as follows:
20 BEGINNING AT A POINT in the easterly lines of premises conveyed by
21 Harland M. and Sarah E. Branch to The Village of Saranac Lake by deed
22 dated December 30, 1953 and recorded in the Essex County Clerk's Office
23 in Book 312 of Deeds at page 553, said point being marked by a 1" Iron
24 Pipe;
25 THENCE S 07 43'45" E, along said easterly line, a distance of 491.52
26 feet to a point;
27 THENCE S 81 11'02" W, through the lands of the Party of the First Part
28 herein, a distance of 167.04 feet to a point;
29 THENCE N 07 43'45" W, through the lands of the Party of the First Part
30 herein, a distance of 224.47 feet to a point;
31 THENCE N 81 11'02" E, through the lands of the Party of the First Part
32 herein, a distance of 73.80 feet to a point;
33 THENCE N 06 16'10" E, through the lands of the Party of the First Part
34 herein, a distance of 296.91 feet to a point;
35 THENCE N 22 23'25" W, through the lands of the Party of the First Part
36 herein, a distance of 143.86 feet to a point;
37 THENCE S 49 06'31" W, through the lands of the Party of the First Part
38 herein, a distance of 70.69 feet to a point;
39 THENCE N 40 18'18" W, through the lands of the Party of the First Part
40 herein, a distance of 339.02 feet to a point;
41 THENCE N 36 50'41" W, through the lands of the Party of the First Part
42 herein, a distance of 65.71 feet to a point;
43 THENCE N 33 20'33" W, through the lands of the Party of the First Part
44 herein, a distance of 51.74 feet to a point in the north line of the
45 said Village of Saranac Lake premises;
46 THENCE S 72 34'33" E, along said north line, a distance of 63.40 feet
47 to a point;
48 THENCE S 36 50'41" E, through the lands of the Party of the First Part
49 herein, a distance of 64.67 feet to a point;
50 THENCE S 40 18'18" E, through the lands of the Party of the First Part
51 herein, a distance of 302.66 feet to a point;
52 THENCE N 49 52'08" E, through the lands of the Party of the First Part
53 herein, a distance of 94.21 feet to a point;
54 THENCE N 56 08'29" E, through the lands of the Party of the First Part
55 herein, a distance of 183.29 feet to a point;
S. 2912 3 A. 4297
1 THENCE S 18 38'22" E, through the lands of the Party of the First Part
2 herein, a distance of 91.98 feet to a point;
3 THENCE S 19 25'11" W, through the lands of the Party of the First Part
4 herein, a distance of 219.72 feet to a point in an aforementioned east-
5 erly line of the said Village of Saranac Lake premises;
6 THENCE S 66 46'20" W, along said easterly line, a distance of 61.45
7 feet to the point and place of beginning. Containing 2.57 acres of land.
8 BEING A PART OF THE PREMISES conveyed by Harland M. and Sarah E.
9 Branch to The Village of Saranac Lake by deed dated December 30, 1953
10 and recorded in the Essex County Clerk's Office in Book 312 of Deeds at
11 page 553.
12 § 4. The park lands upon and under which temporary easements may be
13 granted pursuant to subdivision (b) of section one of this act are
14 described as follows:
15 ALL THAT TRACT OR PARCEL OF LAND containing 4.34 acres, more or less,
16 situate on lands owned now by the Village of Saranac Lake, County of
17 Essex, being Tax Parcel I.D. Number 32.0AB-1-1.000, as shown on a map
18 entitled, "Mt. Pisgah Land Requirement - Temporary Construction Ease-
19 ment" - on the Mt. Pisgah Veteran's Memorial Ski Center property, as
20 prepared by Dodson & Associate Consulting Engineers, PLLC, dated Octo-
21 ber, 2010, identified as Job Number 081102, and being more particularly
22 bounded and described as follows:
23 ALL THAT TRACT, part, piece or parcel of land situate in Lot 9, Town-
24 ship 11, Old Military Tract, Town of St. Armand, County of Franklin and
25 State of New York; and being more particularly bounded and described as
26 follows:
27 BEGINNING AT A POINT marking the northeast corner of premises conveyed
28 by Harland M. and Sarah E. Branch to The Village of Saranac Lake by deed
29 dated December 30, 1953 and recorded in the Essex County Clerk's Office
30 in Book 312 of Deeds at page 553, said point being marked by a 3/4" Iron
31 Pipe;
32 THENCE S 18 25'40" E, along the southwesterly line of premises reput-
33 edly owned by The Nature Conservancy, a distance of 156.75 feet to a
34 point marked by a 2" Iron Pipe;
35 THENCE S 18 41'15" E, along the southwesterly line of premises reput-
36 edly owned by Moody, a distance of 34.66 feet to a point marked by a 1"
37 Iron Pipe; thence continuing in the same course a distance of 95.48
38 feet, for a total distance of 130.14 feet, to a point marked by a Drill-
39 hole in a stone;
40 THENCE S 18 37'46" E, still along said southwesterly line, a distance
41 of 265.50 feet to a point marked by a 2" Iron Pipe;
42 THENCE S 66 48'56" W, along the northwesterly line of premises reput-
43 edly owned by American Management Association, a distance of 97.38 feet
44 to a point marked by a Drillhole in a stone;
45 THENCE S 66 46'20" W, still along said northwesterly line, a distance
46 of 97.37 feet to a point;
47 THENCE N 19 25'11" E, through the lands of the Party of the First Part
48 herein, a distance of 219.72 feet to a point;
49 THENCE N 18 38'22" W, through the lands of the Party of the First Part
50 herein, a distance of 91.98 feet to a point;
51 THENCE S 56 08'29" W, through the lands of the Party of the First Part
52 herein, a distance of 183.29 feet to a point;
53 THENCE N 47 32'50" W, through the lands of the Party of the First Part
54 herein, a distance of 151.05 feet to a point;
55 THENCE N 51 34'57" E, through the lands of the Party of the First Part
56 herein, a distance of 87.55 feet to a point;
S. 2912 4 A. 4297
1 THENCE N 40 18'18" W, through the lands of the Party of the First Part
2 herein, a distance of 171.08 feet to a point in the north line of the
3 aforementioned Village of Saranac Lake premises;
4 THENCE N 65 25'53" E, along said north line, a distance of 291.40 feet
5 to the point and place of beginning. Containing 2.48 acres of land.
6 BEING A PART OF THE PREMISES conveyed by Harland M. and Sarah E.
7 Branch to The Village of Saranac Lake by deed dated December 30, 1953
8 and recorded in the Essex County Clerk's Office in Book 312 of the Deeds
9 at page 553.
10 § 5. The replacement lands to be acquired and dedicated by the village
11 of Saranac Lake to use as park lands are described as follows:
12 All those certain parcels of land, being part of Great Lot 29, Town-
13 ship No. 10, Old Military Tract, Town of St. Armand, County of Essex,
14 and State of New York; being more particularly bounded and described as
15 follows:
16 PARCEL A
17 Beginning at a 1" iron pipe found with a coupling in Kelly Slough,
18 said pipe being the common corner between Great Lots 28, 29, 48, and 49;
19 thence
20 1) South 6 18'15" West along the east line of Great Lot 29, 705.36
21 feet to a point on the northeasterly bounds of property described in a
22 deed to Saranac Lake Fish and Game Club, Inc. recorded in Liber 205 at
23 page 140 in the Essex County Clerk's Office, said point also being on
24 the southwest low water mark of Kelly Slough; thence
25 2) Northerly along the northeasterly bounds of said property described
26 in Liber 205 at page 140 and the southwest low water mark of Kelly
27 Slough, approximately 1,006 feet to a point on the east bounds of New
28 York State Route 3, said point being located North 26 59'35" West 764.67
29 feet from the point on the northeasterly bounds of property described in
30 Liber 205 at page 140 aforementioned in Course No. 1); thence
31 3) North 34 26'45" East along the east bounds of New York State Route
32 3, 88.78 feet to a 5/8" rebar set with a cap stamped "Geomatics Land
33 Surveying, PC" on the north line of Great Lot 29; thence
34 4) South 81 52'00" East along the north line of Great Lot 29, 378.10
35 feet to the beginning.
36 Containing 3.42 acres of land, more or less, within the above
37 described bounds, as surveyed by Stacey L. Allott, LS of Geomatics Land
38 Surveying, PC, December 9, 2010. Bearings are based on Magnetic North.
39 PARCEL B
40 Beginning at a point on the north line of Great Lot 29, said point
41 being located North 81 52' 00" West 577.50 feet from a 1" iron pipe
42 found at the common corner for Great Lots 28, 29, 48, and 49; thence
43 1) South 81 52' 00" East along the north line of Great Lot 29, 133.38
44 feet to a point on the west bounds of New York State Route 3; thence
45 2) South 35 06' 25" West along the west bounds of New York State
46 Route 3, 123.17 feet to a point on the northeast bounds of property
47 described in a deed to Christopher K. and Heather A. Tuttle, recorded in
48 Liber 864 at page 57 of deeds in the Essex County Clerk's Office, said
49 point also being on the southwest low water mark of Kelly Slough; thence
S. 2912 5 A. 4297
1 3) Northwesterly along the northeast bounds of said property described
2 in Liber 864 at page 57 and the southwest low water mark of Kelly
3 Slough, approximately 138 feet to the beginning, said point being
4 located North 27 05' 35" West 134.38 feet from the point aforementioned
5 in Course No. 2).
6 Containing 0.19 acres of land, more or less, within the above
7 described bounds, as surveyed by Stacy L. Allott, LS of Geomatics Land
8 Surveying, PC, December 9, 2010. Bearings are based on Magnetic North.
9 Together with and subject to any rights of the public in and to the area
10 within the bounds of New York State Route 3.
11 Being that portion of the property described in a deed to the Village
12 of Saranac Lake, recorded in Liber 1347 at page 100 of deeds in the
13 Essex County Clerk's Office, being bounded on the north by the north
14 line of Great Lot 29, on the east by the east line of Great Lot 29, and
15 on the south by property described in a deed to the Saranac Lake Fish
16 and Game Club, Inc. recorded in Liber 205 at page 140, and by property
17 described in a deed to Christopher K. and Heather A. Tuttle, recorded in
18 Liber 864 at page 57 (being low water mark of the southwest side of
19 Kelly Slough), excepting and reserving the area within the bounds of New
20 York State Route 3.
21 § 6. In the event that the replacement lands to be dedicated in
22 section five of this act are not of equal or greater fair market value
23 to the lands to be alienated pursuant to section three of this act, the
24 Village of Saranac Lake shall acquire and dedicate additional lands for
25 park lands and/or make capital improvements to its existing park and
26 recreational facilities, as necessary, to equal the difference of such
27 fair market value.
28 § 7. In the event, that the land described in section three of this
29 act ceases to be used for municipal waterworks purposes, (a) the perma-
30 nent easement granted pursuant to section one of this act shall cease;
31 (b) the village of Saranac Lake shall remove the water tower and all
32 water lines placed thereon; and (c) such land shall be restored and
33 dedicated as park lands.
34 § 8. The discontinuance and conveyance of park lands authorized by
35 this act shall not occur until the village of Saranac Lake has complied
36 with any federal requirements pertaining to the alienation or conversion
37 of park lands, including satisfying the Secretary of the Interior that
38 the conversion complies with all conditions with the Secretary of the
39 Interior deems necessary to assure the substitution of other lands shall
40 be equivalent in fair market value and recreational usefulness to the
41 lands being alienated or converted.
42 § 9. This act shall take effect immediately.
