Bill Text: NY A10037 | 2023-2024 | General Assembly | Amended


Bill Title: Authorizes the village of Ballston Spa to transfer ownership of the Woods Hollow Nature Preserve to the town of Milton; makes related provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-06-07 - substituted by s9269a [A10037 Detail]

Download: New_York-2023-A10037-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                        10037--A

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced  by M. of A. WALSH -- read once and referred to the Committee
          on Local Governments -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT authorizing the village of Ballston Spa to transfer ownership of
          the Woods Hollow Nature Preserve to the town of Milton

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  (a) Subject to the provisions of this act, the village of
     2  Ballston Spa, county of Saratoga, acting through its governing  body  is
     3  hereby  authorized  to  discontinue  the  use of the Woods Hollow Nature
     4  Preserve more particularly described in section two of this act, and  to
     5  convey  its  interest  in  the  real property to the town of Milton upon
     6  terms agreed upon by the village of Ballston Spa and the town of  Milton
     7  for  use  by  such town for park and/or recreational purposes, provided,
     8  however, that such town of Milton shall continue to  provide  access  to
     9  such  parkland  and/or  recreational  facilities to all residents of the
    10  village of Ballston Spa and the town of Milton shall not enact any  fees
    11  or  charges  which  are higher for village of Ballston Spa residents who
    12  are not residents of the town of Milton.
    13    (b) Any revenues received from the village from the transfer shall  be
    14  used  for  capital improvements of existing park or recreational facili-
    15  ties and/or the acquisition of additional park or  recreational  facili-
    16  ties.
    17    §  2.  The parklands authorized to be conveyed by the village of Ball-
    18  ston Spa in section one of this act are located, bounded  and  described
    19  as follows:

    20                                  PARCEL 1:

    21    All that piece or parcel of land situate in the Town of Milton, County
    22  of  Saratoga and State of New York, bounded as follows: Commencing at an
    23  oak tree in the east line of a lot called the "Eighty-two acre lot"  and
    24  particularly  described  in  a  deed  from  Elias H. Peters, Referee, to
    25  George B. Bixby and recorded in Saratoga County Clerk's office, May  22,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14909-05-4

        A. 10037--A                         2

     1  1666,  in  Book No. 104 P. 411, and also being the tree mentioned in the
     2  deed from Sales D. Bowens to the Village of  Ballston  Spa  and  running
     3  from  thence  south  87°  30' west fifteen hundred and three feet to the
     4  center  of the highway. Thence along the center of said highway north 9°
     5  55' east, eight hundred and twenty-five feet to an angle.  Thence  south
     6  82°  5'  east fourteen hundred feet to the east line of said "Eighty-two
     7  acre lot", as described in the above mentioned deed.  Thence  along  the
     8  east  line  of said lot south 3° 30' west five hundred and fifty feet to
     9  the place of beginning. Containing twenty-two and  thirty-five  one-hun-
    10  dreths acres of land more or less.

    11                                  PARCEL 2:

    12    All  that lot, piece or parcel of land situated in the Town of Milton,
    13  County of Saratoga, and State of  New  York  bounded  and  described  as
    14  follows:    Distinguished  by  the  name of lot number 7 on a map of the
    15  survey of land of Thomas G. Taylor, made by James Scott, Surveyer and is
    16  dated August 20, 1806, and is bounded as follows: beginning at  a  stake
    17  and  heap  of  stones standing in the east line of the 14th allotment of
    18  the patent of the Kayderosseras and being the northeast corner of  fifty
    19  acres of land sold to Thomas Brown, deceased, and runs from thence North
    20  along  the  east line of said 14th allotment 6 chains and 8.5 links to a
    21  stake and heap of stones, being the southeast corner of lot number 9  as
    22  distinguished  on said map; thence along the south line thereof west 3.6
    23  chains and 80 links to the highway leading from Ballston Spa  to  Green-
    24  field,  thence along said highway south 6 chains and 85 links to a stake
    25  and heap of stones; being the  northwest  corner  of  a  piece  of  land
    26  belonging to and in possession of Abner Mosier, deceased, at the time of
    27  his death; thence along the north line of said land (being the same sold
    28  to Thomas Brown, now deceased) E 3.6 chains and 30 links to the place of
    29  beginning.
    30    Containing  24 acres and three quarters of land, the said lots being a
    31  part of lot number 13 in the 14th allotment of the general partition  of
    32  the patent of Kayderosseras.
    33    Also  all that track, piece or parcel of land situate, lying and bring
    34  in said town of Milton: Beginning  at  the  southwest  corner  of  Abner
    35  Mosier's  land in the center of the highway leading from Factory Village
    36  to Malta and runs thence N. 15 deg. and 20 min.  E.  18  chains  and  64
    37  links;  thence northerly along the center of the public highway 6 chains
    38  and 85 links; thence W. 18 chains; thence S. 1 deg and  30  min.  E.  21
    39  chains  and  25  links to the center of the highway leading from Factory
    40  Village to Malta; thence southeasterly along the  center  of  said  last
    41  mentioned  highway  13  chains  and  8  links to the place of beginning.
    42  Containing 37 acres and one quarter of one acre of land more or less.
    43    Also that certain tract, piece or parcel of land, situate in said Town
    44  of Milton, bounded and described as follows:
    45  On the north by the piece of land first above described on the  east  by
    46  lands  of Thomas Brown, John McClair, and Squires Crandall, on the south
    47  by lands of Squires  Crandall  and  the  highway  leading  from  Factory
    48  Village  to  Malta, and on the west by the highway leading from Ballston
    49  Spa to Greenfield. Containing 39 acres of land more or less.  Being  the
    50  same  premises  described and conveyed by a deed from Frederick et al to
    51  Henry Reiggins dated April 18, 1896.

    52                                  PARCEL 3:

        A. 10037--A                         3

     1    All that piece or parcel of land situated in the Town of Milton, Sara-
     2  toga County, State of New York, bounded and described as follows: To wit
     3  commencing at a stake standing at the southeast corner  of  a  wood  lot
     4  belonging  to Henry Wilsey running thence southerly on the division line
     5  thirty  nine  chains & twenty seven links to a stake standing at the lot
     6  of land known as the Weatherwax lot; thence  westerly  along  the  north
     7  line  thereof  to  the center of the highway running south from Rowlands
     8  Mills to Ballston Spa; thence northerly along the  center  of  the  said
     9  highway to the southwest corner of the aforesaid Wilsey wood lot, thence
    10  easterly along the south line of the same to the place of the beginning.
    11  Containing 82 acres more or less.
    12    § 3. Should the lands described in section two of this act cease to be
    13  used  for the purposes described in section one of this act, those lands
    14  shall revert to the village of Ballston Spa for public park  and  recre-
    15  ational purposes.
    16    §  4.  The  land to be transferred pursuant to this act and all struc-
    17  tures and facilities situated on such land shall  be  maintained,  owned
    18  and operated for park purposes by the town of Milton.
    19    §  5. The use of such parkland and facilities to be transferred pursu-
    20  ant to this act shall continue to  be  made  available  to  the  general
    21  public  of the state of New York, including all residents of the village
    22  of Ballston Spa and the town of Milton. Where the availability  of  such
    23  facilities  is  limited, use of such facilities must be determined by an
    24  equitable method.
    25    § 6. In the event that the village of Ballston Spa received any  fund-
    26  ing  support or assistance from the federal government for the purchase,
    27  maintenance or improvement of the parklands set forth in section two  of
    28  this  act, the discontinuance and alienation of such parkland authorized
    29  by the provisions of this act shall not occur until the village of Ball-
    30  ston Spa has complied with  any federal requirements pertaining  to  the
    31  alienation  or  conversion of parklands, including satisfying the secre-
    32  tary of the interior that the alienation or conversion complies with all
    33  conditions which the secretary of the interior deems necessary to assure
    34  the substitution of other lands shall be equivalent in fair market value
    35  and usefulness to the lands being alienated or converted.
    36    § 7. This act shall take effect immediately.
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