NY State Assembly Bill 2009-A8774

Assembly Bill A8774

Signed By Governor

2009-2010 Legislative Session

An act to authorize the village of New Berlin to discontinue the use of certain parklands

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 16, 2009	signed chap.472
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate home rule request 3rd reading cal.831 substituted for s5816
Jun 22, 2009	referred to rules delivered to senate passed assembly home rule request ordered to third reading rules cal.558 rules report cal.558 reported reported referred to rules
Jun 18, 2009	reported referred to ways and means
Jun 08, 2009	referred to local governments

Votes

- Jul 16, 2009 - Floor Vote
  A8774
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron

2009-A8774 (ACTIVE) - Details

See Senate Version of this Bill:: S5816
Law Section:: Parks

2009-A8774 (ACTIVE) - Summary

An act to authorize the village of New Berlin to discontinue the use of certain parklands.

2009-A8774 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8774

TITLE OF BILL:  An act to authorize the village of New Berlin, in the
county of Chenango, to discontinue the use of certain lands as parklands

PURPOSE OR GENERAL IDEA OF BILL:
To authorize the village of New Berlin to discontinue the use of certain
parklands.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subject to the provisions of this act, the village of New
Berlin, in the county of Chenango, acting by and through its board of
trustees, is hereby authorized to discontinue as parklands and alienate,
sell and convey for fair market value, fee simple title to the lands
described in section three of this act.

Section 2. The authorization contained in section one of this act shall
take effect only upon the condition that the village of New Berlin dedi-
cate all proceeds from the sale of the premises described in section
three of this act for making capital improvements to park facilities in
the village and, in addition, the village of New Berlin shall dedicate
the lands described in section four of this act as additional parklands
of the village.

Section 3. The lands authorized by section one of this act to be discon-
tinued as parklands are as follows on the bill (see bill).

Section 4. The replacement lands to be dedicated by the village of New
Berlin, Chenango county to use as parkland for public park purposes are
located in the town of New Berlin, Chenango county comprise a total
16.496 acres or more or less and particularly described as follows (see
bill, Section 4 Parcel I, II, III).

Section 5. The discontinuance and conveyance of parkland authorized by
the provisions of this act shall not occur until the village of New
Berlin has complied with federal requirements pertaining to the alien-
ation or conversion of parklands, including satisfying the secretary of
the interior that the alienation or conversion complies with all condi-
tions 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 alienated or converted.

JUSTIFICATION:
The Village of New Berlin resolved to consolidate its recreation
facilities/athletic fields with a multi-purpose park adjacent to the
Town's Merritt (Doc) Meyers Memorial Park on County Route 29. The
current playing field located above the old New Berlin Central School
building will be sold to the private educational facility of Milford
Academy. The Village of New Berlin has determined that the Academy is
best suited to handle this property and to create a capital fund to
develop a larger, more all purpose village park that would better bene-
fit the residents of the village and larger community and this will

consolidate the Village/Town recreation facilities in a convenient
location with plenty of parking and facilities available for all ages.

The Village of New Berlin and the Town of New Berlin have agreed to
provide the playing fields for the Village of New Berlin's youth
programs. This agreement insures continuity of the use of the field to
be replaced. This legislation will discontinue the use of Fish Field and
the proceeds will create a capital fund to start community planning of a
better facility.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-A8774 (ACTIVE) - Bill Text download pdf

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

                                  8774

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2009
                               ___________

Introduced by M. of A. CROUCH -- read once and referred to the Committee
  on Local Governments

AN  ACT to authorize the village of New Berlin, in the county of Chenan-
  go, 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, the village of New
Berlin, in the county of Chenango, acting by and through  its  board  of
trustees, is hereby authorized to discontinue as parklands and alienate,
sell  and  convey  for  fair market value, fee simple title to the lands
described in section three 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 New  Berlin  dedicate
all proceeds from the sale of the premises described in section three of
this  act  for  making  capital  improvements  to park facilities in the
village and, in addition, the village of New Berlin shall  dedicate  the
lands  described  in section four of this act as additional parklands of
the village.
  S 3. The lands authorized by section one of this act to be  discontin-
ued as parklands are as follows:
  All that tract or parcel of land situate in the Village of New Berlin,
Chenango  County,  New  York  state  and  being bounded and described as
follows:
  Commencing at a point at the southwest corner of lands of the  Village
of  New  Berlin, Inst. 2004/434 and being at an angle point in the lands
of Andrew and Joseph Orzeck, Inst. 2003/2379.
  Thence along the easterly line of said  Orzeck  lands  and,  in  part,
along  lands  of Stanley Sapinski, Liber 770, Page 555, N 27° 35' 39" E,
404.70 feet to a point and N 18° 00' 45" E, 92.74 feet to the True Point
of Beginning.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14121-02-9

A. 8774                             2

  Thence from said True Point of  Beginning  and  continuing  along  the
easterly line of the lands of Sapinski, the following five (5) courses:
  N 18° 00' 45" E, 57.22 feet to a point,
  N 22° 46' 31" E, 68.09 feet to a point,
  N 21° 45' 22" E, 164.94 feet to a point,
  N 24° 16' 41" E, 224.89 feet to a point,
  N 17° 57' 54" E, 101.13 feet to a point.
  Thence  through the lands of the Village of New Berlin and along a new
division line the following ten (10) courses:
  S 80° 23' 34" E, 577.53 feet to a point,
  S 07° 35' 52" W, 336.90 feet to a point,
  S 10° 32' 26" W, 62.15 feet to a point,
  S 30° 00' 48" W, 57.06 feet to a point,
  S 47° 18' 20" W, 63.48 feet to a point,
  S 74° 01' 06" W, 60.10 feet to a point,
  N 87° 32' 11" W, 98.20 feet to a point,
  N 79° 48' 32" W, 107.39 feet to a point,
  S 10° 11' 28" W, 78.54 feet to a point,
  N 77° 59' 15" W, 402.41 feet to the Point of Beginning.
  Containing 8.467 acres of land.
  S 4. The replacement lands to be  dedicated  by  the  village  of  New
Berlin,  Chenango county to use as parkland for public park purposes are
located in the town of New Berlin,  Chenango  county  comprise  a  total
16.496 acres more or less and particularly described as follows:
                                 PARCEL I

  All  that  tract  or parcel of land situate in the Town of New Berlin,
County of Chenango and State of New York, and bounded and  described  as
follows:  Beginning  at  a point in the east line of said Medbury's Farm
being the west line of Allen Handy's Farm designated on a map or  survey
made  by  W.S.  Franklin,  Engineer, for the Water Commissioners of said
Village in 1885, thence W 78° 15' W. 213.5 feet; thence W 76° 15' W. 180
feet to a corner; thence W. 5° 15' E. 105 feet across the  stream  to  a
corner;  thence  N.  85°  42' E. 250 feet; thence N. 85° 12' E. 65 feet;
thence N. 49° 42' E. 174 feet to a corner in said Handy line. Thence  S.
along said Handy line to the place of beginning, containing one + 75/100
acres  of land, more or less. Being the same plot designated on said map
or survey filed or to be filed in the Clerk's Office of Chenango  County
by  said  Water Commissioners as part of the Reservoir lands for the use
of said Village Water Works.

                                PARCEL II

  All that tract or parcel of land situate in the Town  of  New  Berlin,
County  of  Chenango  and State of New York, being part of the farms now
owned and occupied by said Handy and bounded as follows, to wit:  Begin-
ning at a stake in the boundary line of  lands  of  said  Handy  and  of
Harvey  Hall,  at  a  stake designated upon a map made by W.S. Franklin,
Engineer, for the Water Commissioners of said Village in 1885 and  filed
or  to  be filed by said Commissioners in the Clerk's Office of Chenango
County; thence N 86°22' W. along said line (Handy's  North  Line)  569.1
feet  to  the N.W. corner of Handy's farm; thence along the west line of
said Handy's farm across the stream or brook, and to  a  stake  in  said
line  marked  B.L.  and designated on said map; thence S 78° 15' E. 26.5
(26.5) feet; thence S 75° 45' E. 216 feet to a stake; thence N. 82°  11'
East  388  feet  to  a stake marked B.L.; thence N 4° E. 353 feet to the

A. 8774                             3

place of beginning, containing five + 42/100 acres of land more or less,
and is the same plot indicated on said  map  and  survey  made  by  said
Franklin for said Water Commissioners, and which the reservoir for water
for said Village is to be erected.
  Also  the  right  to detain and divert the waters of the creek running
through said premises by a dam and reservoir to be built thereon by said
Village, and always maintained and to conduct or convey  said  water  by
pipes  or conduits through the lands of said Handy lying easterly of the
premises hereby conveyed to the east line of said Handy's farm,  accord-
ing to the line designated upon said map or survey.

                               PARCEL III

  All  that  tract or parcel of land, situate in the Town of New Berlin,
County of Chenango and State of  New  York,  bounded  and  described  as
follows:    Being a part of Lot No. 72 beginning at the southeast corner
of the original water works property; thence south 33 degrees east pass-
ing through a basswood tree, 975 feet to an iron  pin  on  the  westerly
side  of  the highway; thence northeasterly along the highway to an iron
pin on the westerly side of the highway and on the west  line  of  lands
formerly  owned by Malinda Hyde; thence north 5 degrees, 30 minutes east
along the west line of the land of the said Malinda Hyde 872 feet to  an
iron pin on the south line of lands of Chairty Matteson; thence north 83
degrees  30  minutes  west along the south line of the lands of the said
Chairty Matteson 192.5 feet to an iron pin on the  northeast  corner  of
lands formerly conveyed by Thomas A. Low and Abbie M. Low to The Village
of  New  Berlin;  thence south 5 degrees west along the east line of the
lands so conveyed 522 feet to an iron pin on the southeast corner of the
said lands; thence north 70 degrees 30 minutes west along the south line
of the said lands 679 feet to the place of beginning, containing  9  and
326/1000 acres of land be the same more or less.
  S  5.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the village of  New  Berlin
has  complied with any federal requirements pertaining to the alienation
or conversion of parklands, including satisfying the  secretary  of  the
interior  that the alienation or conversion complies with all conditions
which the secretary of  the  interior  deems  necessary  to  assure  the
substitution  of  other  lands  shall  be  equivalent in fair market and
recreational usefulness to the lands being alienated or converted.
  S 6. This act shall take effect immediately.

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