Bill Text: NY S07166 | 2017-2018 | General Assembly | Introduced

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

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Bill Title: Authorizes the village of Phoenix to alienate and sell parklands at fair market value to the Phoenix Central School District with the understanding that such village shall dedicate an amount equal to or greater than the fair market value of such parklands being alienated to the acquisition of new parklands and/or improvements to existing parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-08-17 - SIGNED CHAP.198 [S07166 Detail]

Download: New_York-2017-S07166-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7166
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT authorizing the village of Phoenix to alienate and  convey  park-
          lands to the Phoenix Central School District
          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 village of Phoe-
     2  nix, located in the county of Oswego, is hereby  authorized,  acting  by
     3  and  through  its  village  board  and upon such terms and conditions as
     4  determined by such board, to discontinue as parklands and  alienate  the
     5  lands  more  particularly described in section three of this act, and to
     6  enter into a contract to convey its interest in such  real  property  to
     7  the  Phoenix  Central  School District, county of Oswego, upon the terms
     8  and conditions contained in this act, for use by the village of  Phoenix
     9  for continued park and recreational purposes.
    10    §  2.  The  lands  authorized to be alienated and conveyed pursuant to
    11  section one of this act, and which are more  particularly  described  in
    12  section  three  of  this act, shall be devoted for park and recreational
    13  purposes in perpetuity; and  the  conveyance  of  such  lands  from  the
    14  village  to  the  school district shall be done without compensation and
    15  shall not require the county to acquire any  replacement  or  substitute
    16  reforested lands.
    17    §  3.  The lands authorized to be alienated and conveyed by the county
    18  of Oswego pursuant to section one of this  act  shall  be  described  as
    19  follows:
    20    ALL  THAT  TRACT OR PARCEL OF LAND, situate in the Village of Phoenix,
    21  County of Oswego and State of  New  York  and  being  more  particularly
    22  bounded and described as follows:
    23    BEGINNING  at  a point on the northwesterly line of Park Street at its
    24  intersection with the division line between the lands now or formerly of
    25  the Phoenix Central School District on the west and  the  lands  now  or
    26  formerly  of the Village of Phoenix as described in Book 524 of Deeds at
    27  Page 191 on the east, said point being North 57 deg.  30  min.  00  sec.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13771-01-7
        S. 7166                             2
     1  East  along said northwesterly line of Park Street, a distance of 389.25
     2  feet from its intersection  with  northeasterly  line  of  Main  Street;
     3  thence  along  the said division line between the Phoenix Central School
     4  District  and  Village  of  Phoenix,  the following four (4) courses and
     5  distances: 1.) North 34 deg. 48 min. 00 sec. West a distance  of  177.07
     6  feet  to  a  point;  thence  2.)  North  14  deg. 55 min. 21 sec. West a
     7  distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min.  21
     8  sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
     9  min.  00 sec. East a distance of 1093.29 feet to a point on the division
    10  line between the said lands of the Village of Phoenix on  the  west  and
    11  the lands now or formerly of New York Central Lines, LLC as described in
    12  Book  1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
    13  00 sec.  East along said division line, a distance of 140.08 feet  to  a
    14  point  on  the  division  line  between the said lands of the Village of
    15  Phoenix on the west and the lands now or  formerly  of  Rodney  &  Diane
    16  Thomas  as  described  in Deed Instrument No.  R2011-007044 on the east;
    17  thence South 06 deg. 11 min. 00 sec. East along said  division  line,  a
    18  distance of 427.38 feet to a point on the division line between the said
    19  lands  of  the  Village  of  Phoenix  on the north and the said lands of
    20  Thomas, the lands now or formerly of  D  &  L  Realty  of  CNY,  LLC  as
    21  described  in Deed Instrument No. R2008-000126 on the east and the lands
    22  now or formerly of Carl P. Richardson, Jr. as described in Deed  Instru-
    23  ment  No.  R2015-008266,  in part by each, on the south; thence South 56
    24  deg. 31 min. 03 sec. West along said division line, a distance of 686.44
    25  feet to a point; thence through the said lands of the Village  of  Phoe-
    26  nix,  the following two (2) courses and distances: 1.) North 32 deg.  30
    27  min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
    28  deg. 30 min. 00 sec. West a distance of 188.78  feet  to  the  Point  of
    29  Beginning. Containing 11.765 acres of land, more or less.
    30    The  above  described parcel being the a portion of the lands conveyed
    31  to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
    32    § 4. The land to be transferred pursuant to this act, and  all  struc-
    33  tures  and  facilities situated on such land, shall be maintained, owned
    34  and operated for park purposes by the Phoenix Central  School  District.
    35  The use of such parkland and facilities shall continue to be made avail-
    36  able  to  the  general public, including all residents of the village of
    37  Phoenix. Where the availability of such facilities is limited,  the  use
    38  of  such  facilities  must  be  determined  by an equitable method which
    39  provides priority use to the general public based on a reservation poli-
    40  cy for free or for a nominal charge.
    41    § 5. If the property described in  section  three  of  this  act,  and
    42  transferred  to  the  Phoenix  Central  School  District pursuant to the
    43  provisions of this act, shall ever be used for a purpose other  than  as
    44  public  parkland,  ownership  of  such property shall revert back to the
    45  village of Phoenix and  shall  be  maintained  as  reforested  lands  in
    46  accordance with section 219 of the county law.
    47    § 6. This act shall take effect immediately.