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

                                  7557

                            I N  S E N A T E

                               May 9, 2016
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT authorizing the town of Walton  in  the  county  of  Delaware  to
  alienate  certain parcels of land used as parkland to Bruce Taylor and
  to acquire other parcels of land to replace such parkland

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

  Section  1.  The  town of Walton, in the county of Delaware, acting by
and through its town board, is hereby authorized to discontinue the  use
of certain parklands, described in section four of this act, and to sell
and  convey,  in  fee  simple, such parklands for fair market value upon
such terms and conditions to Bruce Taylor as may be  determined  by  the
town board of such town.
  S  2.  The  authorization  granted pursuant to section one of this act
shall only be effective upon the condition  that  the  town  of  Walton,
acquire  the  lands  described in section three of this act and dedicate
such lands for parkland purposes.
  S 3. The lands to be acquired by the town of Walton, in the county  of
Delaware as parkland pursuant to section two of this act are bounded and
described as follows:
  All  that parcel of land situate in the Town of Walton, Delaware Coun-
ty, New York shown as Lot 1 on map entitled  "Survey  of  Land  Exchange
between  the Town of Walton and Bruce Taylor" dated April 28, 2016; said
parcel being more particularly described as follows:
  BEGINNING at a point in the centerline of  Murphy  Hill  Road  at  its
intersection with the division line between the lands now or formerly of
the  Town  of Walton (ref.   Liber 210 page 650; Liber 224 page 107, and
Liber 254 page 685) and lands now or  formerly  of  Bruce  Taylor  (ref.
Liber 1340 page 62).
  THENCE northerly along said centerline the following three (3) courses
and distances;
  1) North 01°04'14" West, 44.60 feet to a point of curvature

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15219-02-6

              

S. 7557                             2

  2)  Along  the  arc  of  a  tangent clockwise curve having a radius of
519.30 feet for a length of 59.66 feet to  a  point  of  tangency;  said
curve's chord is North 02°15'04" East, 59.63 feet;
  3) North 05°32'33" East, 74.37 feet to a point;
  THENCE the following three (3) courses and distances through the lands
now or formerly of said Bruce Taylor;
  1) Southeasterly South 38°14'19" East, 123.90 feet to a point
  2) Southerly South 11°38'03" East, 1202.37 feet to a point;
  3) Westerly South 78°22'08" West, 100.00 feet to its intersection with
the  division  line  between  the  lands now or formerly of said Town of
Walton and said Bruce Taylor;
  THENCE northerly  along  said  division  line  North  11°37'51"  West,
1140.37 feet to the point of BEGINNING, being 2.86 acres of land more or
less
  Subject  to: Utility easements of record; the rights of the public and
highway rights and easements  in  and  to  that  portion  of  the  above
described parcel lying within the bounds of Murphy Hill Road, Town High-
way.
  S  4.  The  lands  to  be  discontinued  as parkland and alienated and
conveyed to Bruce Taylor pursuant to section one of this act are bounded
and described as follows:
  All that parcel of land situate in the Town of Walton, Delaware  Coun-
ty,  New  York  show  as  Lot 2 on map entitled "Survey of Land Exchange
between the Town of Walton and Bruce Taylor" dated April 28, 2016;  said
parcel being more particularly described as follows:
  BEGINNING at a point on the division line between lands now or former-
ly  of  the  Town of Walton (ref. Liber 210 page 650; Liber 224 page 107
and Liber 254 page 685) on the West and  lands  now  formerly  of  Bruce
Taylor  (ref.  Liber  1340  page 62) on the East; said point being South
11°37'51" East, 1140.37 feet measured along said division line from  its
intersection  with  the centerline of Murphy Hill Road; said point being
marked by a 1/2 inch iron pipe found in place.
  THENCE southerly along the division line between said Town  of  Walton
on  the  West  and the lands now or formerly of said Bruce Taylor on the
east South 28°15'21" East, 706.86 feet  to  its  intersection  with  the
division  line  between the lands now or formerly of Logs Unlimited, LLC
(ref. Liber 1000 page 344) on the South and the lands now or formerly of
said Town of Walton on the North; said point being marked by a 5/8  inch
rebar with cap marked "Sheret" found in place;
  Thence westerly along said division line the following two (2) courses
and distances:
  1) South 73°08'11" West, 150.4 feet to a point;
  2)  South 78°58'44" West, 121.82 feet to a point marked by 1 5/8 rebar
with cap marked "Sheret" found in place;
  THENCE northerly along the division line  between  the  lands  now  or
formerly of Frederick Tordella (ref. Liber 747 page 842) on the West and
the  lands  now  or  formerly  of  said Town of Walton on the East North
13°13'35" West, 687.54 feet to a point;
  THENCE easterly through the lands now or  formerly  of  said  Town  of
Walton North 76°46'25" West, 88.54 feet to the point of BEGINNING; being
2.86 acres of land more or less.
  S  5.  In  the event that the parklands to be dedicated by the town of
Walton pursuant to this act are not equal to or greater  than  the  fair
market  value  of  the parkland to be acquired, the town of Walton 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-

S. 7557                             3

tional parklands and/or for capital improvements to  existing  park  and
recreational facilities.
  S 6. In the event that the town of Walton received any funding support
or  assistance from the federal government for the purchase, maintenance
or improvement of the parklands set forth in section four of  this  act,
the   discontinuance  and  conveyance  of  parkland  authorized  by  the
provisions of this act shall not occur until  the  town  of  Walton  has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the secretary of the inte-
rior 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 value and
recreational usefulness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.