S T A T E O F N E W Y O R K
________________________________________________________________________
8020
2009-2010 Regular Sessions
I N A S S E M B L Y
May 1, 2009
___________
Introduced by M. of A. O'MARA -- read once and referred to the Committee
on Local Governments
AN ACT to authorize the village of Nichols, in the county of Tioga, to
discontinue the use of certain lands as parklands
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subject to the provisions of this act and notwithstanding
any provision of law to the contrary, the village of Nichols, in the
county of Tioga, is hereby authorized, acting by and through its board
of trustees and upon such terms and conditions as determined by such
board, to discontinue the use of the municipally owned parkland more
particularly described in section three of this act which is no longer
needed for park purposes, and to convey an easement upon said parklands
to United Water Owego-Nichols Inc. for public water supply purposes
subject to the restrictions described in section four of this act.
S 2. The authorization contained in section one of this act shall take
effect only upon the condition that the village of Nichols dedicate
additional parklands as described in section five of this act of equal
or greater fair market value than the value of the property being alien-
ated by this act.
S 3. The lands authorized by section one of this act to be discontin-
ued as parklands are as follows:
PARCEL A
BEGINNING at a point in River Street which is 11' northwesterly of the
intersection of the centerline of River Street with centerline of Cady
Street.
THENCE N 18°56'22" E a distance of 20.00' to a point.
THENCE S 69°54'20" E a distance of 528.37' to a point.
THENCE N 20°15'02" E a distance of 4.56' to a point.
THENCE S 69°54'20" E a distance of 16.00' to a point.
THENCE S 20°15'02" W a distance of 4.52' to a point.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10180-03-9
A. 8020 2
THENCE S 69°54'20" E a distance of 249.32' to a point.
THENCE N 18°20'40" E a distance of 345.80' to a point.
THENCE N 70°03'03" W a distance of 122.01' to a point.
THENCE N 19°56'57" E a distance of 40.00' to a point, being N
32°50'21" W a distance of 25.82' from the center of the 0.55' diameter
steel casing of the United Water production well.
THENCE S 70°03'03" E a distance of 40.00' to a point.
THENCE S 19°56'57" W a distance of 20.00' to a point.
THENCE S 70°03'03" E a distance of 101.46' to a point.
THENCE S 18°20'40" W a distance of 385.87' to a point, being N 53°22'
W a distance of 33.3' from the center of the west end of the concrete
deck of the bridge on River Street over the Wappanening Creek.
THENCE N 69°54'20" W a distance of 813.90' to the POINT OF BEGINNING.
PARCEL B
COMMENCING at a point in River Street which is 11' northwesterly of
the intersection of the centerline of River Street with centerline of
Cady Street.
THENCE N 18°56'22" E a distance of 20.00' to a point.
THENCE S 69°54'20" E a distance of 528.37' to a point.
THENCE N 20°15'02" E a distance of 4.56' to a point.
THENCE S 69°54'20" E a distance of 2.11' to the TRUE POINT OF BEGIN-
NING.
THENCE N 33°56'00" E a distance of 381.28' to a point.
THENCE S 69°54'20" E a distance of 39.34' to a point.
THENCE S 19°56'57" W a distance of 10.00' to a point.
THENCE N 69°54'20" W a distance of 31.53' to a point.
THENCE S 33°56'00" W a distance of 371.01' to a point.
THENCE N 69°54'20" W a distance of 10.29' to the TRUE POINT OF BEGIN-
NING.
TOGETHER with a 20' wide temporary construction easement over the
above described parcel.
S 4. The authorization contained in section one of this act shall take
effect only upon the condition that the village of Nichols shall include
in the terms of the easement conveyed to United Water Owego-Nichols Inc.
for public water supply, a restriction prohibiting the construction or
maintenance of any building, structure or fixture upon the surface of
any of the lands described in section three of this act, except upon
that portion thereof described as follows:
BEGINNING at a point in River Street which is 11' northwesterly of the
intersection of the centerline of River Street with centerline of Cady
Street.
THENCE S 69°54'20" E, a distance of 813.90' to a point.
THENCE N 18°20'40" E, a distance of 385.87' to a point.
THENCE N 70°03'03" W, a distance of 101.46' to a point, to the TRUE
POINT OF BEGINNING.
THENCE S 19°56'57" W, a distance of 20.00' to a point.
THENCE N 70°03'03" W, a distance of 40.00' to a point.
THENCE N 19°56'57" E, a distance of 40.00' to a point.
THENCE S 70°03'03" E, a distance of 40.00' to a point.
THENCE S 19°56'57" W, a distance of 20.00' to the TRUE POINT OF BEGIN-
NING.
Furthermore, such easement by its terms shall provide for the forfei-
ture thereof to the village of Nichols upon any violation of such
restriction.
A. 8020 3
S 5. The property to be dedicated for park and recreational purposes
pursuant to section two of this act are more particularly bound and
described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situated in the Village of Nichols,
County of Tioga and State of New York, bounded and described as follows:
COMMENCING at an iron pin set located in the northeast corner of lands
new or formerly of Tioga Opportunities Program, Inc.; thence running
along the easterly boundary line of said Tioga Opportunities Program,
Inc., S 09° 20' 34" W, a distance of 121.00 feet, to a set iron pin;
thence, continuing along the same course, S 09° 20' 34" W, a distance of
approximately 90.00 feet, more or less, to a point in the northerly
property line of lands now or formerly of Jasieionis (Liber 266, Page
81); thence running S 76° 03' 06" E, a distance of 48.22 feet, more or
less, to a point, said point being the northeast corner of lands now or
formerly of the said Jasieionis; thence running N 80° 55' 21" E, a
distance of 197.6 feet to a point; thence running in a northeasterly
direction, a distance of 155.04 feet, to a point located in the souther-
ly boundary line of lands now or formerly of the Village of Nichols;
thence running N 76° 35' 53" W, a distance of 346.98 feet, more or less,
to the point and place of beginning.
SUBJECT to a permanent easement held by the State of New York, rela-
tive to a Flood Control Project (Map No. 61, Parcel No. 77, Book 288 at
Page 235), beginning at a point in the south bounds of lands now or
formerly of the Village of Nichols, recorded in the Tioga County Clerk's
Office, said point being located S 76° 35' 53" E, a distance of 57 feet
from an iron pin at the southeast corner of said Village property;
thence S 76° 35' 53" E, a distance of 18.00 feet, to an iron set in the
south line of said Village of Nichols; thence, through the property now
or formerly of Ronsvalle, recorded in Book 432 of Deeds at Page 123 in
the Tioga County Clerk's Office, S 09° 20' 34" E, a distance of 121.00
feet, to an iron set; thence, continuing through the property of said
Ronsvalle, N 77° 01' 15" W, a distance of 18.08 feet, to a point; thence
N 09° 21' 15" E, a distance of 120.26 feet, to the point or place of
beginning; containing 0.05 acre of land, more or less.
BEING and intended to be a portion of the lands conveyed to Patricia
H. Ronsvalle by warranty deed of Irving H. and Katherine H. Hall, which
deed was dated December 24, 1986 and recorded December 29, 1986 in the
Tioga County Clerk's Office in Book 432 of Deeds at Page 123. The said
Irving H. Hall died January 1, 1990, thereby terminating the life inter-
est he held in the above described premises.
S 6. In the event that the parklands to be dedicated by the village of
Nichols pursuant to this act are not equal to or greater than the fair
market value of the parkland to be discontinued, the village of Nichols
shall dedicate the difference of the fair market value of the lands to
be alienated and the lands to be dedicated for the acquisition of addi-
tional parklands and/or for capital improvements to existing park and
recreational facilities.
S 7. The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the village of Nichols has
complied with any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the secretary of interior
that the alienation or conversion complies with all conditions which the
secretary of interior deems necessary to assure the substitution of
other lands shall be equivalent in fair market and recreational useful-
ness to the lands being alienated or converted.
S 8. This act shall take effect immediately.