Bill Text: NY S08033 | 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 village of Herkimer, county of Herkimer to alienate and convey certain parcels of land used as parkland.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-11-11 - SIGNED CHAP.276 [S08033 Detail]

Download: New_York-2019-S08033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8033

                    IN SENATE

                                     March 11, 2020
                                       ___________

        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT authorizing the village of Herkimer, county of Herkimer to alien-
          ate and convey certain parcels of land used as parkland

          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
     2  Herkimer, located in the town of Herkimer, county of Herkimer, acting by
     3  and through its governing body and upon such  terms  and  conditions  as
     4  determined  by  such  body, is hereby authorized to discontinue as park-
     5  lands and to alienate the lands described in section three of this  act,
     6  and to convey such lands to the Herkimer Central School District for the
     7  purpose of expanding educational, school related extracurricular facili-
     8  ties, and general park purposes.
     9    §  2.  The  authorization provided in section one of this act shall be
    10  effective only upon the  condition  that  the  Herkimer  Central  School
    11  District  convey  to  the  village  of  Herkimer  the lands described in
    12  section four of this act, and the village dedicate such lands  as  park-
    13  lands open to the general public.
    14    §  3. The parklands authorized by section one of this act to be alien-
    15  ated and conveyed by the village of Herkimer, commonly known as  "Harmon
    16  Field", is more particularly described as follows:
    17  Parcel 1
    18    ALL  THAT  CERTAIN  PIECE OR PARCEL OF LAND situate lying and being in
    19  the village of Herkimer, County of  Herkimer  and  state  of  New  York,
    20  bounded  and described as follows: Beginning at an iron pipe monument in
    21  the northerly line of Park Avenue, 300.05 feet distant westerly from the
    22  intersection of the northerly line of said Park Avenue and the  westerly
    23  line of Frederick Street, said pipe also being the south-westerly corner
    24  of a parcel of land owned by the village of Herkimer and known as Harmon
    25  Field. Thence south 76 degrees 5 minutes west along the extension of the
    26  northerly  line  of  said Park Avenue 125 feet to an iron pipe monument.
    27  Thence north 12 degrees 38 minutes west 339.2 feet to  a  point  in  the
    28  center  line of Bellinger Brook, so-called. Thence in an easterly direc-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15672-01-0
        S. 8033                             2

     1  tion along center line of aforesaid Brook about 130 feet to  the  north-
     2  westerly  corner of the aforesaid lands owned by the village of Herkimer
     3  and known as Harmon Field. Thence south 12 degrees 38 minutes east along
     4  the  westerly  line  of  the said lands owned by the village of Herkimer
     5  368.22 feet to the place of beginning, containing one acre of land.
     6  Parcel 2
     7    ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate  in  the  village  of
     8  Herkimer,  Herkimer  County, New York, bounded and described as follows:
     9  Beginning at the intersection of the north line of Park Avenue where  it
    10  intersects the west line of Frederick Street in the village of Herkimer,
    11  NY;  Thence running westerly along the north line of Park Avenue and its
    12  westerly projection, which is also the southerly line of Harmon Field, a
    13  distance of 425.05 feet to the easterly line of property of the Herkimer
    14  Central School District, which  is  also  the  southwesterly  corner  of
    15  Harmon Field, the point or place of beginning; Thence continuing wester-
    16  ly  along  the  projection  of the north line of Park Avenue through the
    17  lands of the Herkimer Central School District on a bearing of  South  39
    18  Degrees 05' 50" West a distance of 180.11 feet to a point which is 180.0
    19  feet  westerly  of  the west line of Harmon Field when measured at right
    20  angles thereto; Thence running northerly along a line which is  parallel
    21  to  and  180.0  feet  westerly  of the west line of Harmon Field along a
    22  bearing of North 49 Degrees 37' 10" West a distance of 300.0 feet  to  a
    23  point; Thence running northeasterly on a bearing of North 26 Degrees 52'
    24  10" East a distance of 185.19 feet to the northwesterly corner of Harmon
    25  Field;  Thence  running  southerly  along the line which is the westerly
    26  boundary of Harmon Field and the easterly boundary of  the  property  of
    27  the  Herkimer  Central  School  District,  along  a  bearing of South 49
    28  Degrees 37' 10" East a distance of 339.2 feet to the point or  place  of
    29  beginning. Total parcel size contains 1.32 acres.
    30    §  4.  The lands required by section two of this act to be conveyed to
    31  the village of Herkimer by the  Herkimer  Central  School  District  and
    32  dedicated  as  parklands  open  to the general public, commonly known as
    33  "Earl Field", are more particularly described as follows:
    34    ALL THAT TRACT OR PARCEL OF LAND, situate,  lying  and  being  in  the
    35  village  of  Herkimer, County of Herkimer and State of New York, bounded
    36  and described as follows: Beginning at a  point  on  the  property  line
    37  between the property of Ralph D. Earl and the property of the village of
    38  Herkimer,  a  distance of 81.3 feet from an iron pipe marking the North-
    39  eastern corner of the village of Herkimer lot; thence  South  45-degrees
    40  09'  East  along  the  property line of Ralph D. Earl and the village of
    41  Herkimer a distance of 25-feet more or less; thence South  1-degree  09'
    42  East,  a  distance of 41-feet more or less to a point; thence curving to
    43  the right with a radii of 120-feet, a distance of 51-feet more or  less;
    44  thence  South  22-degrees  21' West a distance of 441-feet more or less;
    45  thence curving to the right with a  radii  of  120-feet  a  distance  of
    46  63-feet more or less; thence South 55-degrees 00' West a distance of 170
    47  feet  more  or  less  to  the East limits of a gravel road; thence North
    48  11-degrees 29' East along the East limits of the gravel road a  distance
    49  of  30-feet more or less; thence North 55-degrees 00' East a distance of
    50  148-feet more or less; thence curving  to  the  Left  with  a  radii  of
    51  100-feet a distance of 53-feet more or less; thence North 22-degrees 21'
    52  East a distance of 441-feet more or less; thence North 1-degree 09' West
    53  a distance of 58-feet more or less to the place of beginning.
    54    §  5.  In  the  event  that  the  fair  market  value of the parklands
    55  described in section four of this act to be dedicated  as  parklands  by
    56  the village of Herkimer pursuant to this act are not equal to or greater
        S. 8033                             3

     1  than the fair market value of the parklands to be alienated as described
     2  in section three of this act, the village of Herkimer shall dedicate the
     3  difference of the fair market value of the lands to be alienated and the
     4  lands to be dedicated for the acquisition of additional parklands and/or
     5  capital improvements to existing park and recreational facilities.
     6    §  6.  In  the event that the village of Herkimer received any funding
     7  support or assistance from the  federal  government  for  the  purchase,
     8  maintenance  or  improvement of the parklands set forth in section three
     9  of this act, the discontinuance and alienation of such parkland  author-
    10  ized  by the provisions of this act shall not occur until the village of
    11  Herkimer has complied with any federal requirements  pertaining  to  the
    12  alienation  or  conversion of parklands, including satisfying the secre-
    13  tary of the interior that the alienation or conversion complies with all
    14  conditions which the secretary of the interior deems necessary to assure
    15  the substitution of other lands shall be equivalent in fair market value
    16  and usefulness to the lands being alienated or converted.
    17    § 7. This act shall take effect immediately.