Bill Text: NY S07166 | 2017-2018 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7166--C Cal. No. 398 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 -- 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 -- again amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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 town of Schroeppel, county of Oswego, acting by and 3 through its governing body and upon such terms and conditions as deter- 4 mined by such body, is hereby authorized to discontinue as parklands and 5 alienate the lands more particularly described in section three of this 6 act, and to sell and convey such parklands at fair market value to the 7 Phoenix Central School District, county of Oswego, for the purposes of 8 extending the nearby school campus, sports and recreational facilities. 9 § 2. The authorization provided in section one of this act shall be 10 effective only upon the condition that the village of Phoenix, dedicates 11 an amount equal to or greater than the fair market value of such park- 12 lands being discontinued towards the acquisition of new parklands and/or 13 capital improvements to existing park and recreational facilities. 14 § 3. The lands to be discontinued as parklands are more fully 15 described as follows: 16 ALL THAT TRACT OR PARCEL OF LAND, situate in the Village of Phoenix, 17 in the County of Oswego and State of New York and being more particular- 18 ly bounded and described as follows: 19 BEGINNING at a point on the northwesterly line of Park Street at its 20 intersection with the division line between the lands now or formerly of 21 the Phoenix Central School District on the west and the lands now or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13771-14-8S. 7166--C 2 1 formerly of the Village of Phoenix as described in Book 524 of Deeds at 2 Page 191 on the east, said point being North 57 deg. 30 min. 00 sec. 3 East along said northwesterly line of Park Street, a distance of 389.25 4 feet from its intersection with northeasterly line of Main Street; 5 thence along the said division line between the Phoenix Central School 6 District and Village of Phoenix, the following four (4) courses and 7 distances: 1.) North 34 deg. 48 min. 00 sec. West a distance of 177.07 8 feet to a point; thence 2.) North 14 deg. 55 min. 21 sec. West a 9 distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min. 21 10 sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30 11 min. 00 sec. East a distance of 1093.29 feet to a point on the division 12 line between the said lands of the Village of Phoenix on the west and 13 the lands now or formerly of New York Central Lines, LLC as described in 14 Book 1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min. 15 00 sec. East along said division line, a distance of 140.08 feet to a 16 point on the division line between the said lands of the Village of 17 Phoenix on the west and the lands now or formerly of Rodney & Diane 18 Thomas as described in Deed Instrument No. R2011-007044 on the east; 19 thence South 06 deg. 11 min. 00 sec. East along said division line, a 20 distance of 427.38 feet to a point on the division line between the said 21 lands of the Village of Phoenix on the north and the said lands of 22 Thomas, the lands now or formerly of D & L Realty of CNY, LLC as 23 described in Deed Instrument No. R2008-000126 on the east and the lands 24 now or formerly of Carl P. Richardson, Jr. as described in Deed Instru- 25 ment No. R2015-008266, in part by each, on the south; thence South 56 26 deg. 31 min. 03 sec. West along said division line, a distance of 686.44 27 feet to a point; thence through the said lands of the Village of Phoe- 28 nix, the following two (2) courses and distances: 1.) North 32 deg. 30 29 min. 00 sec. West a distance of 46.77 feet to a point; and 2.) South 57 30 deg. 30 min. 00 sec. West a distance of 188.78 feet to the Point of 31 Beginning. Containing 11.765 acres of land, more or less. 32 The above described parcel being the a portion of the lands conveyed 33 to the Village of Phoenix as described in Book 524 of Deeds at Page 191. 34 § 4. In the event that the village of Phoenix received any funding 35 support or assistance from the federal government for the purchase, 36 maintenance or improvement of the parklands set forth in section three 37 of this act, the discontinuance and alienation of such parkland author- 38 ized by the provisions of this act shall not occur until the village of 39 Phoenix has complied with any federal requirements pertaining to the 40 alienation or conversion of such parklands, including satisfying the 41 secretary of the interior that the alienation or conversion complies 42 with all conditions which the secretary of the interior deems necessary 43 to assure the substitution of other lands shall be equivalent in fair 44 market value and usefulness to the lands being alienated or converted. 45 § 5. This act shall take effect immediately.
