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S02912 Summary:

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S02912 Text:

 
                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.