Bill Text: NY S05865 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes the town of New Hartford, county of Oneida to alienate and convey certain parcels of land used as parkland.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-10-11 - SIGNED CHAP.371 [S05865 Detail]

Download: New_York-2019-S05865-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5865--A
            Cal. No. 945

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT  to authorize the town of New Hartford, in the county of Oneida,
          to alienate certain parklands and to dedicate other lands as parklands

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

     1    Section  1.  Subject  to  the  provisions of this act, the town of New
     2  Hartford, in the county of Oneida, acting by and through  its  governing
     3  body  and  upon such terms and conditions as determined by such board is
     4  hereby authorized to discontinue as parklands  and  alienate  the  lands
     5  described  in section three of this act for the purpose of the installa-
     6  tion and operation of a cell tower base station facility.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective  only  upon  the condition that the town of New Hartford dedi-
     9  cates the lands described in  section  four  of  this  act  as  parkland
    10  provided  that  the  town  of New Hartford has never used such lands for
    11  public open space or park purposes.
    12    § 3. The parklands authorized by section one of this act to be  alien-
    13  ated are described as follows:
    14    ALL  THAT  certain piece or parcel of land, situate in the Town of New
    15  Hartford, County of Oneida and State of New York,  being  a  portion  of
    16  land  conveyed  to  the Town of New Hartford, a municipal corporation by
    17  book 1741 at page 446 as recorded in the Oneida county  clerk's  office,
    18  bounded and described as follows:
    19  Commencing  at the southeasterly corner of said lands of the Town of New
    20  Hartford, a municipal corporation, said point also being located on  the
    21  westerly  bounds  of  New  Paris  Road  and said point being marked by a
    22  concrete monument, thence from said point of  commencement,  along  said

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11785-03-9

        S. 5865--A                          2

     1  westerly  boundary  of  New  Paris  Road n. 27°-38'-00" E. A distance of
     2  611.60' to a point, thence through the said lands of  the  Town  of  New
     3  Hartford, a municipal corporation the following twenty-seven (27) cours-
     4  es and distances:
     5  A1) N 62°22'00" W     83.58', thence
     6  A2) S 87°44'29" W     18.89', thence
     7  A3) S 30°26'56" W     128.78', thence
     8  A4) S 37°27'17" W     78.84', thence
     9  A5) S 50°03'55" W     155.14', thence
    10  A6) S 58°59'31" W     151.18', thence
    11  A7) S 68°46'42" W     122.23', thence
    12  A8) S 81°35'28" W     127.18', thence
    13  A9) S 89°06'49" W     120.63', thence
    14  A10) N 78°06'14" W    128.82', thence
    15  A11) N 62°00'31" W    259.97', thence
    16  A12) N 39°40'44" W    237.75', thence
    17  A13) S 89°52'12" W    144.32', thence
    18  A14) S 81°24'18" W    121.77', thence
    19  A15) S 60°46'16" W    73.21', thence
    20  A16) S 11°36'30" W    156.26', thence
    21  A17) S 26°39'27" W    72.84', thence
    22  A18) S 47°58'11" W    42.83', thence
    23  A19) S 69°33'16" W    39.96', thence
    24  A20) S 00°38'35" E    47.76', thence
    25  A21) S 10°16'27" E    40.66', thence
    26  A22) S 00°31'28" E    102.86', thence
    27  A23) S 10°07'18" E    60.16', thence
    28  A24) S 19°13'21" E    31.95', thence
    29  A25) S 82°37'00" W    39.90', thence
    30  A26) S 07°23'00" E    30.00', thence
    31  A27) S 82°37'00" W    12.00' to the southeasterly corner of the herein
    32  described 75' x 75' lease area easement and the point and place of
    33  beginning, thence from said point of beginning, continuing through the
    34  said lands of the Town of New Hartford, a municipal corporation the
    35  following four (4) courses and distances

    36  L1) S 82°37'00" W     75.00', thence
    37  L2) N 7°23'00" W      75.00', thence
    38  L3) N 82°37'00" E     75.00', thence
    39  L4) S 7d°3'00" E      75.00', to the point and place of beginning,
    40  containing an area of 0.129 acres, more or less
    41    §  4.  Prior  to  the  discontinuance  and  alienation of the parkland
    42  described in section three of this act, the town of New  Hartford  shall
    43  dedicate as parkland such land described as follows:
    44    ALL  THAT CERTAIN LOT OF LAND in New Hartford, County of Oneida, State
    45  of New York, described as follows: BEGINNING at the northwesterly corner
    46  of the said premises, said "point of beginning" being  on  the  easterly
    47  line  of  Henderson Street in the Village of New York Mills, Town of New
    48  Hartford, New York, at the terminus of the following two courses, viz:
    49    BEGINNING at the intersection of the westly line of Clinton Street and
    50  the easterly line of Henderson Street; running thence North 21° 12' West
    51  98.6 ft. to a point in the easterly line  of  Henderson  Street;  thence
    52  North  13° 30' West 133.33 ft. to the "point of beginning"; thence as in
    53  previous deeds running North 50° 30' East 214.50 ft.  to  the  northeast
    54  corner  of the said premises; thence turning an angle of 90° and running
    55  41.85 ft. to the southeast corner; thence turning an angle  of  90°  and

        S. 5865--A                          3

     1  running  parallel  to the first course of the premises 232.98 ft. to the
     2  southwest corner of the  said  premises;  thence  running  northwesterly
     3  along  the  east  line of Henderson Street to the point of beginning, as
     4  surveyed  by Joseph B. Shaw, L.P.E.  #10297 on January 3, 1961. Contain-
     5  ing an area of 0.18 acres, more or less.
     6    ALL THAT LOT OR PARCEL OF LAND in Village of New York Mills,  Town  of
     7  New Hartford, County of Oneida, State of New York, bounded and described
     8  as follows:
     9    Beginning at a point in the easterly fence line of Henderson Street to
    10  the  northwest corner of a parcel of land conveyed by the New York Mills
    11  Corporation to Arthur D. Cheetham, thence north 14° West forth (40) feet
    12  along said easterly line to an iron pipe; thence north 56° 34' east  one
    13  hundred  sixty-six and sixty seven hundredths (166.67) feet to a corner,
    14  thence south 35° 30' east forth two (42) feet to the northeast corner of
    15  said Cheetham parcel, thence south 57° 55' west one  hundred  eighty-one
    16  and  fifty-five hundredths (181.55) feet along the northerly boundary of
    17  said Cheetham parcel to the place of beginning.  Containing an  area  of
    18  0.16 acres, more or less.
    19    §  5.  In  the  event  that  the  fair  market  value of the parklands
    20  described in section four of this act to be dedicated as parkland by the
    21  town of New Hartford pursuant to this act are not equal  to  or  greater
    22  than the fair market value of the parklands to be alienated as described
    23  in  section  three  of this act, the town of New Hartford shall dedicate
    24  the difference of the fair market value of the lands to be alienated and
    25  the lands to be dedicated for the acquisition  of  additional  parklands
    26  and/or  capital  improvements  to existing park and recreational facili-
    27  ties.
    28    § 6. In the event that the town of New Hartford received  any  funding
    29  support  or  assistance  from  the  federal government for the purchase,
    30  maintenance or improvement of the parklands set forth in  section  three
    31  of  this act, the discontinuance and alienation of such parkland author-
    32  ized by the provisions of this act shall not occur until the town of New
    33  Hartford has complied with any federal requirements  pertaining  to  the
    34  alienation  or  conversion of parklands, including satisfying the secre-
    35  tary of the interior that the alienation or conversion complies with all
    36  conditions which the secretary of the interior deems necessary to assure
    37  the substitution of other lands shall be equivalent in fair market value
    38  and usefulness to the lands being alienated or converted.
    39    § 7. This act shall take effect immediately.
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