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.