NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10037A
SPONSOR: Walsh TITLE OF BILL:
An act authorizing the village of Ballston Spa to transfer ownership of
the Woods Hollow Nature Preserve to the town of Milton
PURPOSE OR GENERAL IDEA OF BILL:
This bill authorizes the Village of Ballston Spa to convey the Woods
Hollow Nature Preserve located in the town of Milton to the town of
Milton.
SUMMARY OF PROVISIONS:
Section 1 authorizes the Village of Ballston Spa to discontinue use of
the Woods Hollow Nature Preserve, and to convey its interest in the real
property to the town of Milton.
Section 2 describes the boundaries and area of land of the 3 parcels
being transferred.
Section 3 provides that should the land described cease to be used for
the purposes described then those lands shall revert to the village of
Ballston Spa for public park and recreation purposes.
Section 4 provides that the facilities and land being transferred will
be maintained, owned and operated by the town of Milton.
Section 5 provides that use of facilities shall continue to be available
to all New York State residents.
Section 6 provides that if the village of Ballston Spa utilized ant
federal funding for the purchase, maintenance, or improvement of the
land described that they must fulfill all requirements from the federal
government, before the provisions of this act can occur.
Section 7 contains the enacting clause.
JUSTIFICATION:
This legislation transfers ownership of the Woods Hollow Nature Preserve
to the Town of Milton from the Village of Ballston Spa. The town of
Milton will operate and continue public access to the parkland
described. The town and village believe this transfer is in the best
interest of both municipalities and their respective taxpayers. The
proposed transaction will not result in any disturbance to the area or
surrounding areas. Woods Hollow Nature Preserve will remain exactly as
it is, and its use will not be interrupted. The Nature Preserve will be
owned by the Town of Milton rather than the Village of Ballston Spa,
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become law.
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.
