Assembly Bill A10521A

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

    S. 7550--A                                           A. 10521--A

                      S E N A T E - A S S E M B L Y

                              June 1, 2012
                               ___________

IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Blankenbush)  --  read once and referred to the Committee on Local
  Governments -- committee discharged, bill amended,  ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  authorize  the  village of Deferiet, county of Jefferson 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 but notwithstanding
any provision of law to the contrary, the village of Deferiet, county of
Jefferson is hereby authorized, acting by and through its local  govern-
ing body and upon such terms and conditions as determined by such legis-
lative  body,  to  discontinue the use of the municipally owned parkland
more particularly described in section two of this act which is no long-
er needed for park purposes.
  S 2. The lands authorized by this act to be discontinued as  parklands
are as follows:
  ALL  THAT  TRACT or parcel of land situate in the Village of Deferiet,
County of Jefferson,  State  of  New  York,  and  further  described  as
follows:
  BEGINNING at capped pin set at the intersection of the assumed wester-
ly  street  margin of Wilna Avenue and the assumed northwesterly highway
limits of NYS Route 3A;
  THENCE S 61° 56' 11" W, along the assumed northwesterly highway limits
of NYS Route 3A a distance of 482.08 feet to a capped pin set;
  THENCE N 00° 18' 10"W, a distance of 587.43 feet to a capped pin set;
  THENCE N 89° 39' 20" E, a distance of 148.80 feet to a 1/2" iron  pipe
found;
  THENCE S 89° 25' 39" E, a distance of 225.00 feet to a capped pin set;

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

                                                           LBD15892-03-2

S. 7550--A                          2                        A. 10521--A

  THENCE  N 00° 36' 15" E, a distance of 136.50 feet to a capped pin set
in the assumed southerly street margin of Wilna Avenue;
  THENCE  S 89° 25' 37" E, a distance of 133.82 feet to a capped pin set
at the intersection of the assumed  southerly  street  margin  of  Wilna
Avenue  and  the  cut-back  line connecting the assumed southerly street
margin of Wilna Avenue with the assumed westerly street margin of  Wilna
Avenue;
  THENCE  S  17°  04'  55"  E,  along the aforementioned cut-back line a
distance of 66.88 feet to a capped pin set at the intersection  of  said
cut-back line and the assumed westerly street margin of Wilna Avenue;
  THENCE  S  13°  05' 57" W, along the assumed westerly street margin of
Wilna Avenue a distance of 442.00 feet to the point of beginning.
  CONTAINING 5.446 acres of land more or less.
  SUBJECT to a Niagara Mohawk Power Corporation Permanent Easement, said
Easement being 60 feet in width along the entire easterly portion of the
above described 5.446 acre parcel extending from the  assumed  northwes-
terly  highway  limits  of  NYS  Route 3A and terminating at the assumed
southern street margin of Wilna Avenue. The above Easement is  as  filed
in the Jefferson County Clerk's Office in Liber 673 at Page 171 on March
4, 1959.
  SUBJECT to any other rights or restrictions of record.
  IT  BEING  the intent to describe the parcel of land conveyed by NEWS-
TECH N.Y., Inc., a New York Corporation, to  the  Village  of  Deferiet,
said  conveyance  was  filed  in  the Jefferson County Clerk's Office in
Instrument No. 2003-5253 on April 10, 2003.
  S 3. The authorization provided in section one of this  act  shall  be
effective  only upon the condition that the village of Deferiet dedicate
an amount equal to or greater than the fair market value of the property
being alienated by this act for the acquisition of additional  parklands
and/or for capital improvements to existing park and recreational facil-
ities.  However, the foregoing shall not be applicable to any portion of
the property being alienated by this act which the village  of  Deferiet
partitions   and   dedicates   to   municipal  purposes,  including  the
construction of a water tower and/or development of  new  water  infras-
tructure.
  S 4. This act shall take effect immediately.