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S07733 Summary:

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S07733 Floor Votes:

S07733 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7733--A
 
                    IN SENATE
 
                                      June 3, 2014
                                       ___________
 
        Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT authorizing and validating the alienation of certain parkland  in
          the village of Wappingers Falls in the county of Dutchess
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any other provisions of law to the  contra-
     2  ry, but subject to this act, the alienation of the parkland described in
     3  sections  four  and five of this act is hereby authorized and validated,
     4  notwithstanding the absence of prior legislative approval.
     5    § 2. Subject to the provisions of this act, the village of  Wappingers
     6  Falls,  Dutchess  County,  acting  by  and through its village board, is
     7  authorized to discontinue and alienate as parkland the  lands  described
     8  in section four of this act for such purposes as are consistent with the
     9  village's  comprehensive  plan, which may be modified in accordance with
    10  the requirements of such plan.
    11    § 3. The authorizations provided in section two of this act  shall  be

    12  effective  only upon the condition that the village of Wappingers Falls,
    13  Dutchess County, dedicate lands of equal or greater  fair  market  value
    14  described in section five of this act as additional parklands.
    15    §  4.  The  lands  to  be  discontinued  as parkland and alienated and
    16  conveyed pursuant to section two of this act are bounded  and  described
    17  as follows:
    18    ALL that tract or parcel of land situated in the village of Wappingers
    19  Falls, county of Dutchess, state of New York being bounded and described
    20  as follows:
    21    Beginning  at a point, said point being at the northwesterly corner of
    22  lands now or formerly Pettit, Liber 1274, Page 72, said point of  begin-
    23  ning  also  being  on the easterly line of Market Street; running thence
    24  along the easterly line of said  Market  Street,  North  01 09'29"  East

    25  45.00  feet;  thence  running  though lands of the village of Wappingers
    26  Falls the  following  course  and  distances:  South  88 35'40"  East  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15389-07-4
        S. 7733--A                          2
 
     1  distance  of  97.19 feet, North 88 05'35" East a distance of 95.07 feet,
     2  South 89 32'57" East a distance of 122.10 feet, South 00 27'03"  West  a
     3  distance  of  187.33 feet, and North 89 26'08" West a distance of 231.89
     4  feet  to  a  point  being  on the westerly line of lands now or formerly
     5  Tompkins, Document No.  02-2012-5588; thence running along the  easterly
     6  line  of said Tompkins and the easterly line of the aforementioned lands

     7  of Pettit, North 06 16'04" East a distance of 138.68  feet  to  a  point
     8  being at the northeasterly corner of said Pettit, North 88 35'46" West a
     9  distance of 97.00 feet to the point of beginning containing 1.054± acres
    10  of lands.
    11    §  5. The village of Wappingers Falls, Dutchess County, acting through
    12  its village board, shall dedicate replacement lands for use as  parkland
    13  for public park purposes, with such replacement lands, being of equal or
    14  greater fair market value, as follows:
    15    Parcel 1
    16    Beginning at a point, said point being distant: North 01 09'29" East a
    17  distance  of  184.41  feet  and North 83 31'31" West a distance of 40.17
    18  feet from the northwesterly corner of  lands  now  or  formerly  Pettit,
    19  Liber  1274, Page 72, said point of beginning being on the westerly line
    20  of Market Street; thence running along the westerly line of said  Market

    21  Street  the  following  courses  and  distances:  South 01 09'29" West a
    22  distance of 186.99 feet, South 04 24'54" West a distance of 63.81  feet,
    23  South  13 09'11"  West  a distance of 24.20 feet, South 21 00'47" West a
    24  distance of 35.25 feet, South 21 00'47" West a distance of 116.98  feet,
    25  South  27 35'14"  West  a distance of 73.16 feet, South 33 57'24" West a
    26  distance of 39.58 feet, South 40 13'50" West a distance of  67.20  feet,
    27  South  43 27'10" West a distance of 86.90 feet, and South 46 41'07" West
    28  a distance of 95.89 feet to the easterly edge of  the  Wappinger  Creek;
    29  thence  running  northerly  along  said creek edge and by tie line North
    30  14 04'30" East a distance of 716.84 feet; thence leaving  said  easterly
    31  edge  of the Wappinger Creek and running South 89 25'37" East a distance
    32  of 123.39 feet to the point of beginning containing 0.9± acres of land.
    33    Parcel 2

    34    Beginning at the northeast corner of the lands  of  Creekside  Springs
    35  LLC  and  said  point being the northwesterly corner of the lands of the
    36  Village of Wappinger Falls, thence in a southerly and westerly direction
    37  along th lands of the Village of Wappinger Falls the  following  courses
    38  and  distances,  SOUTH 07-38-57 WEST 32.33 feet to a point, thence SOUTH
    39  15-13-27 WEST 524.63 feet to a point, thence SOUTH 73-41-57 WEST  283.00
    40  feet to a point along the easterly line of Franklindale Avenue (undevel-
    41  oped), thence in a northerly direction along the easterly line of Frank-
    42  lindale  Avenue, NORTH 10-46-03 EAST 102.50 feet to a point, thence in a
    43  easterly and northerly direction over and through the lands of Creekside
    44  Springs LLC the following courses and distances, thence  NORTH  79-13-57
    45  EAST  35.00 feet to a point, thence SOUTH 10-46-03 EAST 63.95 feet to  a

    46  point, thence NORTH 73-41-57 EAST 139.03 feet to a point,  thence  NORTH
    47  27-58-58  EAST 331.26 feet to a point, thence NORTH 15-13-27 EAST 256.98
    48  feet to a point along the northerly  line  of  the  lands  of  Creekside
    49  Springs,  thence  in  a  easterly  direction along the northerly line of
    50  Creekside Springs, SOUTH 78-18-49 EAST 30.80 feet to the point of begin-
    51  ning. Containing 0.94 acres of land, more or less
    52    § 6. The conveyances authorized by the provisions of  this  act  shall
    53  not  occur  until  the village of Wappingers Falls, Dutchess County, has
    54  complied with any federal requirements pertaining to the  alienation  or
    55  conversion of parklands, including satisfying the secretary of the inte-
    56  rior  with  all  conditions  which  the  secretary of the interior deems
        S. 7733--A                          3
 

     1  necessary to assure that the substitution of other lands  be  equivalent
     2  in  fair  market  value  and  recreational usefulness to the lands being
     3  alienated or converted.
     4    § 7. This act shall take effect immediately.