NY State Senate Bill 2015-S4870

Senate Bill S4870

Signed By Governor

2015-2016 Legislative Session

Relates to the exchange of certain lands between the town of Long Lake and the state of New York

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 25, 2015	signed chap.314
Sep 15, 2015	delivered to governor
Jun 17, 2015	returned to senate passed assembly ordered to third reading rules cal.442 substituted for a8052
Jun 11, 2015	referred to ways and means delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1075
Apr 22, 2015	referred to environmental conservation

Votes

- Jun 11, 2015 - Floor Vote
  S4870
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Libous
  May 28, 2015 - Environmental Conservation Committee Vote
  S4870
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (13)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Funke
      
      Hoylman-Sigal
      
      LaValle
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Serrano
      
      Young

2015-S4870 (ACTIVE) - Details

See Assembly Version of this Bill:: A8052
Law Section:: Environmental Conservation

2015-S4870 (ACTIVE) - Summary

Relates to the exchange of certain lands between the town of Long Lake and the state of New York.

2015-S4870 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4870

TITLE OF BILL:  An act approving the exchange of certain lands between
the Town of Long Lake and the People of the State of New York

Purpose of the Bill:

The purpose of this bill is to implement the land exchange between the
Town of Long Lake and the State of New York authorized by a 2007
Constitutional Amendment.

Summary of Provisions:

Section 1 of this bill sets forth the legislative findings that the
legislature approves of the land exchange authorized by the bill and
that the provisions and requirements of the 2007 Constitutional
Amendment, authorizing the Raquette Lake water supply land exchange,
have been satisfied.

Section 2 of this bill directs the Commissioner of General Services,
after certification by the Commissioner of Environmental Conservation,
to issue letters patent to the Town of Long Lake for the lands
described in section 5 of the bill and to convey such lands without
reservation of any minerals.

Section 3 of this bill requires that the title and deed of the land to

be conveyed to the State be approved by the Attorney General.

Section 4 of this bill describes the approximate 12.2 acres of land to
be conveyed to the State from the Town of Long Lake.

Section 5 of this bill describes the approximate one acre of land to
be conveyed to the Town of Long Lake from the State.

Section 6 of this bill provides that the bill takes effect
immediately.

Existing Law:

Section 1 of Article XIV of the State Constitution preserves Forest
Preserve as forever wild State lands and prohibits their lease, sale,
exchange or taking. A Constitutional Amendment was ratified by the
voters at the general election in 2007 which authorized the State of
New York to convey one acre of land to the Town of Long Lake for
purposes of establishing a drinking water well on the condition that
in return the State receive at least twelve acres of land in Hamilton
County for inclusion in the Forest Preserve.

Prior Legislative History:

This is a new bill.

Statement in Support:

In 2007, a Constitutional Amendment was adopted to allow the Town of
Long Lake to receive one acre of land from the Forest Preserve for the
siting of a drinking water well. The well was necessary to comply with


new federal Safe Drinking Water Act regulations, which require public
water suppliers to provide adequate filtration and disinfection of
water that is taken from surface sources, or to develop an acceptable
alternative source. As a result of those rules, the water supply
system in the hamlet of Raquette Lake, which draws from a surface
reservoir, could no longer be used to supply drinking water to that
locality.

The prevalence of State Forest Preserve lands surrounding this
community, coupled with the sanitary and hydrogeological requirements
of public water supply wells, meant that the only viable alternative
for siting a drinking water supply well for the hamlet of Raquette
Lake was on Forest Preserve land. This legislation would authorize the
legal transfer of one acre of Forest Preserve land to the Town of Long
Lake for the purpose of siting a drinking water well to serve as the
municipal drinking water supply for the hamlet of Raquette Lake.  This
bill also authorizes the conveyance of 12.2 acres to the State for
incorporation into the Forest Preserve. The lands to be conveyed to
the State are located adjacent to other Forest Preserve lands and have
been appraised at a value greater than the one acre that will be
conveyed to the Town.

Budget implications:

None.

Local impact:

This bill requires the Town of Long Lake to provide at least 12 acres
of land to the State; the land was donated by a Town Board member;
therefore this will have little fiscal impact on the Town and ensure
it owns the land which is the location of its drinking water wells.

Effective Date:

This act shall take effect immediately.

2015-S4870 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4870

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 22, 2015
                               ___________

Introduced  by  Sen. LITTLE -- (at request of the Department of Environ-
  mental Conservation) -- read  twice  and  ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation

AN  ACT approving the exchange of certain lands between the Town of Long
  Lake and the People of the State of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Pursuant to section 1 of article 14 of the State Constitu-
tion, as amended at the general election held  in  November,  2007,  the
legislature  approves the lands to be exchanged as specified in this act
and finds and determines that the property to be received by the  State,
described in section four of this act, is true and forest land and is at
least equal in value to the land to be conveyed by the State to the town
of  Long  Lake,  described  in section five of this act. The legislature
further finds that all provisions and requirements of  the  Constitution
relating to this exchange have been met.
  S  2. The commissioner of general services, after certification to him
or her by the commissioner of environmental conservation that  title  to
the lands described in section four of this act has vested in the people
of the state of New York, shall issue letters patent to the town of Long
Lake of the lands described in section five of this act.
  Notwithstanding the provisions of the public lands law, the conveyance
by  the  State  may  be without reservation of any minerals. The letters
patent shall contain the following covenants and restrictions:
  (a) The property shall be used for water supply purposes only and  for
no other purpose.
  (b)  The  town  of Long Lake shall not sell, transfer or subdivide the
property.
  S 3. Title to the land described in section four of this act shall  be
approved  by  the  attorney  general,  and the deed to the people of the
state of New York of such lands shall be approved by the attorney gener-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09540-03-5

S. 4870                             2

al as to form and manner of execution and  recordability  prior  to  its
delivery to the Hamilton County Clerk for recording.
  S 4. The lands to be conveyed to the state are described as follows:
ALL  THAT CERTAIN PIECE OR PARCEL OF LAND situate in Lot 37, Township 6,
Totten and Crossfield Purchase, Town of Arietta, County of Hamilton  and
State of New York, further described as follows:
BEGINNING  at a 1-1/4 inch iron pipe and stones located on the southerly
boundary of New York State Route 28, which iron pipe also is located  on
the  division line between Lots 36 and 37, Township 6, Totten and Cross-
field Purchase, and then running the  following  five  (5)  courses  and
distances:
  1.  Easterly  on  a  curve to the right with a radius of 1,096 feet, a
chord of North 77 degrees 34 minutes 29 seconds East; 292.42 feet and  a
distance  along  the curve of 293.3 feet along the southerly boundary of
the right-of-way of New York State Route 28 to a 1/2 inch re-rod; then
  2. South 19 degrees 49 minutes 35 seconds East a  distance  of  195.40
feet to a point, which point is marked by a 1/2 inch re-rod; then
  3.  South 37 degrees 35 minutes 56 seconds East a distance of 2,277.20
feet along a blazed and painted line to a  point  for  a  corner,  which
point is marked by a 1/2 inch re-rod set in a stream; then
  4.  South  47  degrees 54 minutes 09 seconds West a distance of 205.63
feet to a point for a corner, which point is marked by a 1-1/4 inch iron
pipe and stones, and which point is the common corner of Lots 30, 31, 36
and 37 of Township 6, Totten and Crossfield Purchase; then
  5. North 37 degrees 35 minutes 56 seconds West a distance of  2,603.78
feet  along  the blazed and painted division line between Lots 36 and 37
to the point and place of beginning.
  Consisting of 12.2 acres of land, more or less.
EXCEPTING AND RESERVING therefrom any  of  the  above  described  parcel
which may fall within the right-of-way of New York State Route 28.
  ALL  as shown on a map entitled "Map of Survey of Lands Proposed to be
conveyed to The People of The State of New York  by  the  Town  of  Long
Lake"  prepared  by  William D. Hollister P.L.S., dated July 1, 2013 and
revised on May 8, 2014, filed October 9, 2014  in  the  Hamilton  County
Clerk's  Office as Map 2312 and also filed in the New York State Depart-
ment of Environmental Conservation Office  in  Albany,  NY  as  Map  No.
12,417.
  S  5.  The lands to be conveyed to the town of Long Lake are described
as follows:
ALL THAT PIECE OR PARCEL OF LAND situate in Township 40, Totten & Cross-
field's Purchase in the Town of Long Lake, Hamilton County, State of New
York, further described as follows:
COMMENCING at the intersection of the centerline of N.Y.S. Route 28 with
the centerline of Sagamore Road;
THENCE the following eighteen  (18)  courses  and  distances  along  the
centerline of Sagamore Road:
  1.  South  24 degrees 18 minutes 54 seconds East, a distance of 140.29
feet to a point;
  2. South 22 degrees 27 minutes 55 seconds East, a distance of  1222.38
feet to a point;
  3.  South  24 degrees 42 minutes 54 seconds East, a distance of 202.50
feet to a point;
  4. South 31 degrees 11 minutes 09 seconds East, a distance  of  211.97
feet to a point;
  5.  South  37 degrees 53 minutes 47 seconds East, a distance of 351.21
feet to a point;

S. 4870                             3

  6. South 41 degrees 35 minutes 56 seconds East, a distance  of  165.91
feet to a point;
  7.  South  46 degrees 21 minutes 06 seconds East, a distance of 180.66
feet to a point;
  8. South 39 degrees 16 minutes 20 seconds East, a distance  of  167.62
feet to a point;
  9.  South  22 degrees 28 minutes 33 seconds East, a distance of 156.25
feet to a point;
  10. South 20 degrees 47 minutes 46 seconds East, a distance of  219.25
feet to a point;
  11.  South 14 degrees 05 minutes 26 seconds East, a distance of 119.37
feet to a point;
  12. South 00 degrees 47 minutes 03 seconds West, a distance of  167.92
feet to a point;
  13.  South 11 degrees 31 minutes 35 seconds West, a distance of 121.89
feet to a point;
  14. South 20 degrees 35 minutes 25 seconds West, a distance of  206.44
feet to a point;
  15.  South  09 degrees 13 minutes 54 seconds West, a distance of 96.78
feet to a point;
  16. South 02 degrees 02 minutes 53 seconds East, a distance of  114.59
feet to a point;
  17.  South 11 degrees 24 minutes 34 seconds West, a distance of 155.61
feet to a point of curvature;
  18. Along a curve to the left, having a radius of 125.25 feet, a chord
bearing of South 03 degrees 45 minutes 28 seconds West, a chord distance
of 33.35 feet to a point;
THENCE South 86 degrees 06 minutes 21 seconds West, a distance of  24.75
feet to a point on the westerly side of Sagamore Road, to the said POINT
OF BEGINNING;
THENCE  from  said  POINT OF BEGINNING the following two (2) courses and
distances along the westerly side of Sagamore Road;
  1. Along a curve to the left, having a radius of 150.00 feet, a  chord
bearing of South 13 degrees 53 minutes 38 seconds East, a chord distance
of 52.09 feet to a point of tangency;
  2.  South  23  degrees 53 minutes 38 seconds East, a distance of 35.41
feet to a point;
THENCE the following twenty eight (28) courses and distances through the
lands of the People of the State of New York;
  1. South 23 degrees 00 minutes 32 seconds West, passing through a  set
capped  iron rod line marker at 25 feet and continuing 121.62 feet for a
total distance of 146.62 feet to a set capped iron rod;
  2. South 52 degrees 56 minutes 51 seconds West, a  distance  of  75.06
feet to a set capped iron rod;
  3.  South  34  degrees 09 minutes 38 seconds West, a distance of 87.41
feet to a point;
  4. South 28 degrees 16 minutes 15 seconds West, a distance  of  125.39
feet to a point of curvature;
  5. Along a curve to the right, having a radius of 122.75 feet, a chord
bearing of South 41 degrees 46 minutes 28 seconds West, a chord distance
of 57.33 feet to a point of reverse curvature;
  6.  Along  a curve to the left, having a radius of 48.24 feet, a chord
bearing of South 31 degrees 28 minutes 28 seconds West, a chord distance
of 38.93 feet to a point of tangency;
  7. South 07 degrees 40 minutes 32 seconds West, a  distance  of  43.98
feet to a point of curvature;

S. 4870                             4

  8. Along a curve to the right, having a radius of 148.03 feet, a chord
bearing of South 26 degrees 18 minutes 51 seconds West, a chord distance
of 94.61 feet to a point of tangency;
  9.  South  44 degrees 57 minutes 02 seconds West, a distance of 103.46
feet to a point of curvature;
  10. Along a curve to the right, having a  radius  of  112.91  feet,  a
chord  bearing  of  South 57 degrees 12 minutes 09 seconds West, a chord
distance of 47.92 feet to a point of reverse curvature;
  11. Along a curve to the left, having a radius of 79.90 feet, a  chord
bearing of South 35 degrees 20 minutes 07 seconds West, a chord distance
of 89.63 feet to a set capped iron rod to a point of tangency;
  12.  South  06 degrees 07 minutes 30 seconds East, a distance of 50.62
feet to a set capped iron rod;
  13. South 79 degrees 25 minutes 57 seconds West, a distance  of  88.63
feet to a set capped iron rod;
  14.  North  24 degrees 42 minutes 02 seconds West, a distance of 69.46
feet to a set capped iron rod;
  15. North 72 degrees 57 minutes 16 seconds East, a distance of  103.64
feet to a set capped iron rod;
  16. Along a curve to the right, having a radius of 95.90 feet, a chord
bearing of North 43 degrees 24 minutes 01 seconds East, a chord distance
of 84.24 feet to a point of reverse curvature;
  17.  Along a curve to the left, having a radius of 96.91 feet, a chord
bearing of North 57 degrees 12 minutes 09 seconds East, a chord distance
of 41.13 feet to a point of tangency;
  18. North 44 degrees 57 minutes 02 seconds East, a distance of  103.46
feet to a point of curvature;
  19. Along a curve to the left, having a radius of 132.03 feet, a chord
bearing of North 26 degrees 18 minutes 43 seconds East, a chord distance
of 84.38 feet to a point of tangency;
  20.  North  07 degrees 40 minutes 32 seconds East, a distance of 43.98
feet to a point of curvature;
  21. Along a curve to the right, having a radius of 64.24 feet, a chord
bearing of North 31 degrees 28 minutes 43 seconds East, a chord distance
of 51.85 feet to a point of reverse curvature;
  22. Along a curve to the left, having a radius of 106.75 feet, a chord
bearing of North 41 degrees 46 minutes 28 seconds East, a chord distance
of 49.86 feet to a point of tangency;
  23. North 28 degrees 16 minutes 15 seconds East, a distance of  126.21
feet to a point;
  24.  North  34 degrees 09 minutes 38 seconds East, a distance of 91.13
feet to a set capped iron rod;
  25. North 24 degrees 01 minutes 20 seconds East, a distance  of  64.63
feet to a set capped iron rod;
  26.  North 47 degrees 57 minutes 12 seconds West, a distance of 125.19
feet to a set capped iron rod;
  27. North 44 degrees 30 minutes 52 seconds East, a distance  of  70.78
feet to a set capped iron rod;
  28. North 63 degrees 51 minutes 43 seconds East, passing through a set
capped  iron  rod  line  marker 107.56 feet and continuing 25 feet for a
total distance of 132.56 feet to the point and place of beginning.
Consisting of 1.0 acre of land, more or less.
Bearings given in the above description refer to Grid North.
SUBJECT TO all easements, reservations, restrictions, and  covenants  of
record.

S. 4870                             5

RESERVING a 16 ft. wide easement for ingress and egress, centered on the
existing  access  road  running through the above described property and
shown on the map referenced below.
ALL as shown on a map entitled "Map of Survey of Lands to be Conveyed to
The  Town of Long Lake, by The People of the State of New York, Pursuant
to an Amendment to Article 14, Section 1, of the New York State  Consti-
tution,  as  Approved  by Public Referendum on November 6, 2007, Project
EX-AFP Hamilton 326, State of New York - Vendor" prepared  by  New  York
State  Department  of Environmental Conservation Land Surveyor Robert J.
Bradley, PLS, dated August 1, 2014, filed October 9, 2014 in the  Hamil-
ton  County  Clerk's  Office  as Map 2311 and also in the New York State
Department of Environmental Conservation office in Albany, NY as Map No.
12,319.
  S 6. This act shall take effect immediately.

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