Bill Text: NY S09269 | 2023-2024 | General Assembly | Amended

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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: (Passed) 2024-09-27 - SIGNED CHAP.408 [S09269 Detail]

Download: New_York-2023-S09269-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9269--A

                    IN SENATE

                                       May 8, 2024
                                       ___________

        Introduced  by  Sen. TEDISCO -- 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 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14909-06-4
        S. 9269--A                          2

     1  George  B. Bixby and recorded in Saratoga County Clerk's office, May 22,
     2  1666, in Book No. 104 P. 411, and also being the tree mentioned  in  the
     3  deed  from  Sales  D.  Bowens to the Village of Ballston Spa and running
     4  from  thence  south  87°  30' west fifteen hundred and three feet to the
     5  center of the highway. Thence along the center of said highway north  9°
     6  55'  east,  eight hundred and twenty-five feet to an angle. Thence south
     7  82° 5' east fourteen hundred feet to the east line of  said  "Eighty-two
     8  acre  lot",  as  described in the above mentioned deed. Thence along the
     9  east line of said lot south 3° 30' west five hundred and fifty  feet  to
    10  the  place  of beginning. Containing twenty-two and thirty-five one-hun-
    11  dreths acres of land more or less.

    12                                  PARCEL 2:

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

    53                                  PARCEL 3:
        S. 9269--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.