S T A T E O F N E W Y O R K
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5380
2015-2016 Regular Sessions
I N S E N A T E
May 14, 2015
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to authorize the commissioner of general services to transfer and
convey certain state property to the town of Fallsburg
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 other provision of law to the contrary, the commissioner of general
services is hereby authorized to transfer and convey to the town of
Fallsburg, upon the consent of the commissioner of the department of
corrections and community supervision, and upon such other terms and
conditions including consideration as the commissioner of the department
of corrections and community supervision may deem proper, the state
owned land known as the Sullivan Annex located at the Sullivan Correc-
tional Facility, in the town of Fallsburg, county of Sullivan and more
particularly described in section two of this act.
S 2. All those pieces or parcels of land situate in the town of Falls-
burg, county of Sullivan, state of New York, being bounded and described
as follows:
PARCEL NO. 1
BEGINNING at a spike in the center of Riverside Drive the following
five (5) courses from the northwest corner of Parcel 1 of lands acquired
from Minimax Realties Inc. (Liber 1099, p. 294)
1) S 41°26'39" W, 82.00 feet to a spike;
2) S 48°00'09" W, 214.24 feet to a spike;
3) S 45°39'07" W, 306.69 feet to a spike;
4) S 35°14'16" W, 270.66 feet to a spike; and
5) S 32°52'52" W, 268.60 feet to a spike
thence from said Point of Beginning S 74°49'50" E, 1203.44 feet to an
iron pipe at the junction of two stonewalls; thence along lands, now or
formerly, of Jack and Anna Leiner S 14°53'29" W, 1101.88 feet to an iron
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10784-03-5
S. 5380 2
pipe, thence turning and running along lands, now or formerly, of New
Regal Hotel, Inc. N 69°29'02" W, 1242.18 feet to a spike in the center
of Riverside Drive thence along the center of Riverside Drive the
following four (4) courses;
6) N 19°14'54" E, 267.36 feet to a spike;
7) N 08°17'15" E, 292.34 feet to a spike;
8) N 18°58'09" E, 368.74 feet to a spike; and
9) N 32°52'52" E, 64.32 feet to the point or place of beginning.
CONTAINING 29.51 acres of land, more or less.
SUBJECT to a 100 foot wide easement to New York State Electric and Gas
Corporation dated May 27, 1964 and recorded in the Sullivan County
Clerk's Office on May 28, 1964 in Liber 674 of Deeds at page 144.
PARCEL NO. 2
BEGINNING at a point on the centerline of Riverside Drive, the wester-
ly line of lands, now or formerly, of the New Regal Hotel, Inc. said
point also being the northeasterly corner of other lands of said New
Regal Hotel, Inc. and running thence along the northerly line of lands
of said New Regal Hotel, Inc., N 74°46'00" W, 580 feet, more or less, in
a point on the east bank of the Neversink River; thence along the east
bank of said Neversink River as it now winds and turns and also along
the westerly line of lands now or formerly of the City of New York,
Board of Water Supply to a point in the southerly line of lands possibly
claimed by Start Properties, Inc., under tax deed Liber 862, page 320;
said point being N 01°48'00" E, 330.80 feet from the last described
point; thence leaving said riverbank and along the line of lands possi-
bly claimed by Start Properties, Inc. N. 89°15'00" E, 100 feet more or
less to a point on the westerly bank of a gully; thence along the north-
erly line of the parcel herein described S 68°03'16" E, 472.23 feet to a
point in the centerline of Riverside Drive; thence southerly along the
centerline of Riverside Drive the following courses and distances:
S 03°47'58" W, 15.35 feet to a point;
S 05°03'49" E, 180.93 feet to a point;
S 01°52'10" E, 65.96 feet to a point; and
S 07°13'09" W, 46.76 feet to the point or place of beginning.
Containing 4.258 acres of land more or less.
PARCEL NO. 3
BEGINNING at a point in the centerline of Riverside Drive, said point
being N 07°13'09" E, 46.76 feet; N 01°52'10" W, 65.96 feet; N 05°03'49"
W, 180.93 feet; and N 03°47'58" E, 15.35 feet along the centerline of
Riverside Drive from the intersection of the northerly-line of lands now
or formerly New Regal Hotel, Inc. with the centerline of Riverside
Drive; thence from said point of beginning N 68°03'16" W, 472.23 feet
along the southerly lines of the parcel herein described to a point on
the easterly line of lands possibly claimed by Start Properties, Inc.
under tax deed Liber 862, page 320; thence northerly along the easterly
line of said lands N 36°15'00" E, 117.00 feet to a point: and N
04°10'05" E, 393.08 feet to a point, said point being the northwesterly
corner of the parcel herein described; thence easterly along the south-
erly line of lands, now or formerly, of Start Properties, Inc. S
75°45'57" E, 488.52 feet to a point in the centerline of Riverside
Drive; thence southerly along the centerline of Riverside Drive S
08°17'15" W, 133.62 feet to a point; S 19°14'54" W, 267.36 feet to a
point; thence S 14°07'58" W, 85.50 feet to a point; and S 03°47'58" W,
75.32 feet to the point or place of beginning. EXCEPTING from Parcel No.
3 lands with existing salt storage shed, bounded and described as
follows:
S. 5380 3
BEGINNING at a point in the centerline of Riverside Drive at the
northeast corner of Parcel No. 3; thence N 75°45'57" W, 270.00 feet to a
point; thence southerly 320 feet, more or less, to a point; thence east-
erly 270 feet, more or less, to a point in the centerline of Riverside
Drive; thence N 19°14'54" E, 200.00 feet to a point; thence N 08°17'15"
E, 133.62 feet to the point or place of beginning. Containing 2.00 acres
of land, more or less. Parcel 3 containing 3.5 acres of land, more or
less, with the exception of the above described salt storage parcel.
S 3. The description in section two of this act is not intended to be
a legal description but is intended to identify the lands to be
conveyed. As a condition of the transfer, the town of Fallsburg shall
submit to the commissioner of general services, for approval, an accu-
rate survey and description of the land to be conveyed, which may be
used in the conveyance thereof.
S 4. Notwithstanding the foregoing, the authorization to convey the
Sullivan Correctional Facility shall be subject to the condition prece-
dent that such conveyance shall not impair or result in any diminution
of the obligations to holders of any bonds which financed, refinanced,
or are secured by correctional facilities (or payments in respect there-
of), including the Sullivan Correctional Facility, and shall not
adversely affect any exemption of interest on such bonds from federal
income tax.
S 5. Any state property transferred and conveyed pursuant to this act
shall be used exclusively for the purposes of the town of Fallsburg and
upon termination of such uses, the title to the state property so trans-
ferred and conveyed shall revert to the state of New York. The convey-
ance of land described in this act shall contain a covenant, restriction
and reverter requiring that the land be improved and used for the town
of Fallsburg.
S 6. The office of general services shall not transfer or convey the
above described state property unless application therefor is made to
the office of general services by the town of Fallsburg within one year
after the effective date of this act.
S 7. This act shall take effect immediately.
