S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8140--A

                            I N  S E N A T E

                              June 11, 2010
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on Local Government --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  in  relation to authorizing the village of Heuvelton, county of
  St. Lawrence to transfer ownership of certain parklands to the Heuvel-
  ton central school district

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The village of Heuvelton, county of St. Lawrence is hereby
authorized and empowered to discontinue as  parkland  and  transfer  and
convey the properties described in section three of this act, which were
heretofore  used  by such village for park and/or recreational purposes,
upon terms agreed upon between the entities, to  the  Heuvelton  central
school district for use by such school district.
  S  2.  The authorization contained in section one of this act shall be
effective only on the condition that the village  of  Heuvelton  acquire
and  dedicate  as  parkland  additional  lands  of equal or greater fair
market value than the parklands  being  alienated  and/or  make  capital
improvements  to existing parklands and recreational facilities equal to
or greater than the fair market value of the parklands being alienated.
  S 3. The lands referred to in section one of  this  act  are  located,
bounded and described as follows:
  ALL  THAT  TRACT OR PARCEL OF LAND situate northwesterly of Washington
Street, in Block Number 11 of the Village of Heuvelton,  County  of  St.
Lawrence  and State of New York, being part of the "original burial lot"
and being more particularly bounded and described as follows:
  BEGINNING at a 5/8" iron rod set in the  northerly  boundary  of  said
Washington  Street  at  it's  intersection with the former southwesterly
boundary of York Street, said point also being the southeasterly  corner
of Block Number 11 and running;
  Thence South 55 degrees 20 minutes 50 seconds West along the northerly
boundary  of  said Washington Street a distance of 205.92 feet to a 5/8"
iron rod set;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17517-03-0

S. 8140--A                          2

  Thence North 34 degrees 10 minutes 42 seconds West partially along the
northeasterly boundary of lands now or formerly of Andrew D. &  Victoria
L. Thornhill (Liber 1108 Page 111) and partially along the northeasterly
boundary  of  lands  now  or formerly of Michael P. & Patricia E. Hebert
(Liber  1009  Page  1048) a total distance of 211.98 feet to a 5/8" iron
rod set;
  Thence North 56 degrees 29 minutes 05 seconds East through  the  lands
now or formerly of the Village of Heuvelton a distance of 205.92 feet to
a 5/8" iron rod set in former southwesterly boundary of York Street;
  Thence  South  34  degrees 10 minutes 46 seconds East along the former
southwesterly boundary of York Street a distance of 207.89 feet  to  the
Point of Beginning.
  Containing  0.99  acres  of  land  more or less as surveyed during the
month of August, 2008 by Richard D. Jacobs L.L.S. 050588.  All  bearings
as  referenced  herein are referenced to Magnetic North as determined by
compass needle on the date of the aforementioned survey.
  Being a portion of the premises  conveyed  by  the  Heuvelton  Central
School  District to the Village of Heuvelton by an unrecorded deed dated
May 12, 1981.
  Subject to a right of way across the remaining lands of the Village of
Heuvelton as conveyed to them by the aforesaid unrecorded deed.
  TOGETHER WITH AND SUBJECT TO ANY EASEMENTS, EXCEPTIONS, RIGHTS, PRIVI-
LEGES, OBLIGATIONS, COVENANTS, AND CONDITIONS OF RECORD.
  S 4. If the parkland that is  the  subject  of  this  legislation  has
received  funding  pursuant  to  the federal land and water conservation
fund, the discontinuance of parkland authorized  by  the  provisions  of
this  legislation  shall  not  occur until the municipality has complied
with the federal requirements pertaining to the conversion of parklands,
including satisfying the secretary of the interior that  the  discontin-
uance  will  include  all conditions which the secretary of the interior
deems necessary to assure the  substitution  of  other  lands  shall  be
equivalent in fair market value and recreational usefulness to the lands
being discontinued.
  S 5. This act shall take effect immediately.