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.