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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5865

                               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

        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 consist of 0.129 acres and 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
    23  westerly boundary of New Paris Road n.  27°-38'-00"  E.  A  distance  of
    24  611.60'  to  a  point,  thence through the said lands of the Town of New

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11785-01-9
        S. 5865                             2

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

    34  L1) S 82°37'00" W             75.00', thence
    35  L2) N 7°23'00" W              75.00', thence
    36  L3) N 82°37'00" E             75.00', thence
    37  L4) S 7d°3'00" E              75.00', to the point and place of beginning,
    38  containing area of 0.129 acres, more or less
    39    §  4.  Prior  to  the  discontinuance  and  alienation of the parkland
    40  described in section three of this act, the town of New  Hartford  shall
    41  dedicate as parkland such land described as follows:
    42    ALL  THAT CERTAIN LOT OF LAND in New Hartford, County of Oneida, State
    43  of New York, described as follows: BEGINNING at the northwesterly corner
    44  of the said premises, said "point of beginning" being  on  the  easterly
    45  line  of  Henderson Street in the Village of New York Mills, Town of New
    46  Hartford, New York, at the terminus of the following two courses, viz:
    47    BEGINNING at the intersection of the westly line of Clinton Street and
    48  the easterly line of Henderson Street; running thence North 21° 12' West
    49  98.6 ft. to a point in the easterly line  of  Henderson  Street;  thence
    50  North  13° 30' West 133.33 ft. to the "point of beginning"; thence as in
    51  previous deeds running North 50° 30' East 214.50 ft.  to  the  northeast
    52  corner  of the said premises; thence turning an angle of 90° and running
    53  41.85 ft. to the southeast corner; thence turning an angle  of  90°  and
    54  running  parallel  to the first course of the premises 232.98 ft. to the
    55  southwest corner of the  said  premises;  thence  running  northwesterly
        S. 5865                             3

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