NY State Senate Bill 2017-S7166

Senate Bill S7166

Signed By Governor

2017-2018 Legislative Session

Authorizes the village of Phoenix to alienate and sell parklands to the Phoenix Central School District

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
Aug 17, 2018	signed chap.198
Aug 07, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly home rule request ordered to third reading rules cal.411 substituted for a10030b
Jun 12, 2018	referred to ways and means delivered to assembly passed senate home rule request
Jun 04, 2018	amended on third reading 7166c
May 16, 2018	amended on third reading 7166b
Feb 28, 2018	amended on third reading 7166a
Feb 13, 2018	advanced to third reading
Feb 12, 2018	2nd report cal.
Feb 06, 2018	1st report cal.398
Jan 03, 2018	referred to local government

Votes

- Jun 12, 2018 - Floor Vote
  S7166
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Croci
      
      Sepúlveda
  Feb 6, 2018 - Local Government Committee Vote
  S7166
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Feb 6, 2018
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Serrano

Bill Amendments

Original

C (Active)

2017-S7166 - Details

Law Section:: Parks

2017-S7166 - Summary

Authorizes the village of Phoenix to alienate and sell parklands at fair market value to the Phoenix Central School District with the understanding that such village shall dedicate an amount equal to or greater than the fair market value of such parklands being alienated to the acquisition of new parklands and/or improvements to existing parklands.

2017-S7166 - Sponsor Memo

                                
 
BILL NUMBER: S7166

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act authorizing the village of Phoenix to alienate and convey park-
lands to the Phoenix Central School District

 
PURPOSE:

This bill authorizes the village of Phoenix to transfer 11.25 acres of
parkland to Phoenix Central School District for use as an athletic and
recreational field.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the village board of the village of Phoenix to
contract to transfer land described in § 3 of this act to the Phoenix
Central School District, subject to the terms of this act.

Section 2 provides the terms under which the land described in § 3 shall

be transferred by the village of Phoenix to the Phoenix Central School
District.

Section 3 provides a description of the land to be transferred by the
county of Oswego to the village of Phoenix, to be alienated and conveyed
to the Phoenix Central School District.

Section 4 provides that land described in § 3 of this act, and all
structures and facilities on the land, shall be maintained, owned, and
operated for park purposes by the Phoenix Central School District. The
Phoenix Central School District must maintain the park for use by the
general public, and describes the basis under which the Phoenix Central
School District can reserve facilities on the land.

Section 5 provides that the land described in § 3 of this act shall
revert back to the village of Phoenix if the Phoenix Central School
District uses the land for purposes other than those described in § 4 of
this act, and describes how the village of Phoenix must maintain the
land in the event the land reverts back.

Section 6 is the effective date.

 
JUSTIFICATION:

The Village of Phoenix, located in Oswego County, is being authorized to
turn over a section of a village park adjoining the Phoenix Central
School District which will be used to expand its athletic fields.

The village property is currently used as parkland. Under the transfer
agreement, 11.75 acres will be used to expand recreational opportunities
for students and residents of both the Village of Phoenix and the Phoe-
nix Central School District by allowing the school district to expand
its athletic fields.

Under the agreement, the school district agrees to use the property
solely for recreational purposes in perpetuity. The transfer of property
will be made without compensation and will not result in the village or
the county to be required to acquire, replace or substitute any land.
If the land transferred to the school district is ever used for any
other purpose than as a recreational field or parkland, ownership will
revert to the Village of Phoenix.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7166 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7166
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT authorizing the village of Phoenix to alienate and  convey  park-
   lands to the Phoenix Central School District
 
   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 Phoe-
 nix, located in the county of Oswego, is hereby  authorized,  acting  by
 and  through  its  village  board  and upon such terms and conditions as
 determined by such board, to discontinue as parklands and  alienate  the
 lands  more  particularly described in section three of this act, and to
 enter into a contract to convey its interest in such  real  property  to
 the  Phoenix  Central  School District, county of Oswego, upon the terms
 and conditions contained in this act, for use by the village of  Phoenix
 for continued park and recreational purposes.
   §  2.  The  lands  authorized to be alienated and conveyed pursuant to
 section one of this act, and which are more  particularly  described  in
 section  three  of  this act, shall be devoted for park and recreational
 purposes in perpetuity; and  the  conveyance  of  such  lands  from  the
 village  to  the  school district shall be done without compensation and
 shall not require the county to acquire any  replacement  or  substitute
 reforested lands.
   §  3.  The lands authorized to be alienated and conveyed by the county
 of Oswego pursuant to section one of this  act  shall  be  described  as
 follows:
   ALL  THAT  TRACT OR PARCEL OF LAND, situate in the Village of Phoenix,
 County of Oswego and State of  New  York  and  being  more  particularly
 bounded and described as follows:
   BEGINNING  at  a point on the northwesterly line of Park Street at its
 intersection with the division line between the lands now or formerly of
 the Phoenix Central School District on the west and  the  lands  now  or
 formerly  of the Village of Phoenix as described in Book 524 of Deeds at
 Page 191 on the east, said point being North 57 deg.  30  min.  00  sec.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13771-01-7

 S. 7166                             2
 
 East  along said northwesterly line of Park Street, a distance of 389.25
 feet from its intersection  with  northeasterly  line  of  Main  Street;
 thence  along  the said division line between the Phoenix Central School
 District  and  Village  of  Phoenix,  the following four (4) courses and
 distances: 1.) North 34 deg. 48 min. 00 sec. West a distance  of  177.07
 feet  to  a  point;  thence  2.)  North  14  deg. 55 min. 21 sec. West a
 distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min.  21
 sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
 min.  00 sec. East a distance of 1093.29 feet to a point on the division
 line between the said lands of the Village of Phoenix on  the  west  and
 the lands now or formerly of New York Central Lines, LLC as described in
 Book  1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
 00 sec.  East along said division line, a distance of 140.08 feet  to  a
 point  on  the  division  line  between the said lands of the Village of
 Phoenix on the west and the lands now or  formerly  of  Rodney  &  Diane
 Thomas  as  described  in Deed Instrument No.  R2011-007044 on the east;
 thence South 06 deg. 11 min. 00 sec. East along said  division  line,  a
 distance of 427.38 feet to a point on the division line between the said
 lands  of  the  Village  of  Phoenix  on the north and the said lands of
 Thomas, the lands now or formerly of  D  &  L  Realty  of  CNY,  LLC  as
 described  in Deed Instrument No. R2008-000126 on the east and the lands
 now or formerly of Carl P. Richardson, Jr. as described in Deed  Instru-
 ment  No.  R2015-008266,  in part by each, on the south; thence South 56
 deg. 31 min. 03 sec. West along said division line, a distance of 686.44
 feet to a point; thence through the said lands of the Village  of  Phoe-
 nix,  the following two (2) courses and distances: 1.) North 32 deg.  30
 min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
 deg. 30 min. 00 sec. West a distance of 188.78  feet  to  the  Point  of
 Beginning. Containing 11.765 acres of land, more or less.
   The  above  described parcel being the a portion of the lands conveyed
 to the Village of Phoenix as described in Book 524 of Deeds at Page 191.

   § 4. The land to be transferred pursuant to this act, and  all  struc-
 tures  and  facilities situated on such land, shall be maintained, owned
 and operated for park purposes by the Phoenix Central  School  District.
 The use of such parkland and facilities shall continue to be made avail-
 able  to  the  general public, including all residents of the village of
 Phoenix. Where the availability of such facilities is limited,  the  use
 of  such  facilities  must  be  determined  by an equitable method which
 provides priority use to the general public based on a reservation poli-
 cy for free or for a nominal charge.
   § 5. If the property described in  section  three  of  this  act,  and
 transferred  to  the  Phoenix  Central  School  District pursuant to the
 provisions of this act, shall ever be used for a purpose other  than  as
 public  parkland,  ownership  of  such property shall revert back to the
 village of Phoenix and  shall  be  maintained  as  reforested  lands  in
 accordance with section 219 of the county law.
   § 6. This act shall take effect immediately.

2017-S7166A - Details

Law Section:: Parks

2017-S7166A - Summary

2017-S7166A - Sponsor Memo

                                
 
BILL NUMBER: S7166A

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act authorizing the village of Phoenix to alienate and convey park-
lands to the Phoenix Central School District

 
PURPOSE:

This bill authorizes the village of Phoenix to transfer 11.765 acres of
parkland to Phoenix Central School District for use as an athletic and
recreational field.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the village board of the village of Phoenix to
contract to transfer land described in § 3 of this act to the Phoenix
Central School District, subject to the terms of this act.

Section 2 provides the terms under which the land described in § 3 shall

be transferred by the village of Phoenix to the Phoenix Central School
District and includes the condition that the village of Phoenix dedicate
an amount, of equal or greater value than the property transferred, for
the acquisition of new parklands, or for improvements to existing park-
lands.

Section 3 provides a description of the land to be transferred by the
county of Oswego to the village of Phoenix, to be alienated and conveyed
to the Phoenix Central School District.

Section 4 provides that if the parklands described in § 3 of this act
have received funding from the federal land and water conservation fund,
then the discontinuance of the parklands will not happen until all
federal requirements are complied with pertaining to the conversion of
parkland.

Section 5 is the effective date.

 
JUSTIFICATION:

The Village of Phoenix, located in Oswego County, is being authorized to
turn over a section of a village park adjoining the Phoenix Central
School District which will be used to expand its athletic fields.

The village property is currently used as parkland. Under this legis-
lation, the village would be authorized to enter into an agreement to
transfer 11.765 acres to be used to expand recreational opportunities
for students and residents of both the Village of Phoenix and the Phoe-
nix Central School District, by allowing the school district to expand
its athletic fields.

Before the village can enter into such an agreement, it must dedicate an
amount, of equal or greater value than the property transferred, for the
acquisition of new parklands, or for improvements to existing parklands.

The bill further provides that if the parkland proposed to be trans-
ferred has received funding from the federal land and water conservation
fund, then the discontinuance of the parklands will not happen until all
federal requirements are complied with pertaining to the conversion of
parkland.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S7166A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7166--A
     Cal. No. 398
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  authorizing the village of Phoenix to alienate and convey park-
   lands to the Phoenix Central School District
 
   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 Phoe-
 nix,  located  in  the county of Oswego, is hereby authorized, acting by
 and through its village board and upon  such  terms  and  conditions  as
 determined  by  such board, to discontinue as parklands and alienate the
 lands more particularly described in section three of this act,  and  to
 enter  into  a contract to sell and convey such parklands at fair market
 value and upon such other terms and  conditions  as  determined  by  the
 governing  body of the village of Phoenix in the county of Oswego to the
 Phoenix Central School District, county of Oswego.
   § 2. The authorization provided in section one of this  act  shall  be
 effective only upon the condition that the village of Phoenix, county of
 Oswego dedicate an amount equal to or greater than the fair market value
 of such parklands being alienated pursuant to section one of this act to
 the  acquisition  of new parklands and/or improvements to existing park-
 lands.
   § 3. The  lands  to  be  discontinued  as  parklands  are  more  fully
 described as follows:
   ALL  THAT  TRACT OR PARCEL OF LAND, situate in the Village of Phoenix,
 County of Oswego and State of  New  York  and  being  more  particularly
 bounded and described as follows:
   BEGINNING  at  a point on the northwesterly line of Park Street at its
 intersection with the division line between the lands now or formerly of
 the Phoenix Central School District on the west and  the  lands  now  or
 formerly  of the Village of Phoenix as described in Book 524 of Deeds at

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13771-03-8

 S. 7166--A                          2
 
 Page 191 on the east, said point being North 57 deg.  30  min.  00  sec.
 East  along said northwesterly line of Park Street, a distance of 389.25
 feet from its intersection  with  northeasterly  line  of  Main  Street;
 thence  along  the said division line between the Phoenix Central School
 District and Village of Phoenix, the  following  four  (4)  courses  and
 distances:  1.)  North 34 deg. 48 min. 00 sec. West a distance of 177.07
 feet to a point; thence 2.) North  14  deg.  55  min.  21  sec.  West  a
 distance  of 178.61 feet to a point; thence 3.) North 54 deg. 05 min. 21
 sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
 min. 00 sec. East a distance of 1093.29 feet to a point on the  division
 line  between  the  said lands of the Village of Phoenix on the west and
 the lands now or formerly of New York Central Lines, LLC as described in
 Book 1487 of Deeds at Page 37 on the east; thence South 24 deg. 09  min.
 00  sec.   East along said division line, a distance of 140.08 feet to a
 point on the division line between the said  lands  of  the  Village  of
 Phoenix  on  the  west  and  the lands now or formerly of Rodney & Diane
 Thomas as described in Deed Instrument No.   R2011-007044 on  the  east;
 thence  South  06  deg. 11 min. 00 sec. East along said division line, a
 distance of 427.38 feet to a point on the division line between the said
 lands of the Village of Phoenix on the  north  and  the  said  lands  of
 Thomas,  the  lands  now  or  formerly  of  D  & L Realty of CNY, LLC as
 described in Deed Instrument No. R2008-000126 on the east and the  lands
 now  or formerly of Carl P. Richardson, Jr. as described in Deed Instru-
 ment No. R2015-008266, in part by each, on the south;  thence  South  56
 deg. 31 min. 03 sec. West along said division line, a distance of 686.44
 feet  to  a point; thence through the said lands of the Village of Phoe-
 nix, the following two (2) courses and distances: 1.) North 32 deg.   30
 min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
 deg.  30  min.  00  sec.  West a distance of 188.78 feet to the Point of
 Beginning. Containing 11.765 acres of land, more or less.
   The above described parcel being the a portion of the  lands  conveyed
 to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
 
   §  4.  If  the  parkland  that is the subject of this act has received
 funding pursuant to the federal land and water  conservation  fund,  the
 discontinuance  of  parkland  authorized  by  the provisions of this act
 shall not occur until the village  of  Phoenix  has  complied  with  the
 federal  requirements pertaining to the conversion of parklands, includ-
 ing satisfying the secretary of the  interior  that  the  discontinuance
 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.
   § 5. This act shall take effect immediately.

2017-S7166B - Details

Law Section:: Parks

2017-S7166B - Summary

2017-S7166B - Sponsor Memo

                                
 
BILL NUMBER: S7166B

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act authorizing the village of Phoenix to alienate
and convey parklands to the Phoenix Central School District

 
PURPOSE:

This bill authorizes the village of Phoenix to transfer 11.765 acres of
parkland to Phoenix Central School District for use as an athletic and
recreational field.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the village board of the village of Phoenix to
contract to transfer land described in § 3 of this act to the Phoenix
Central School District, subject to the terms of this act.

Section 2 provides the terms under which the land described in § 3 shall
be transferred by the village of Phoenix to the Phoenix Central School
District and includes the condition that the village of Phoenix dedicate

an amount, of equal or greater value than the property transferred, for
the acquisition of new parklands, or for improvements to existing park-
lands.

Section 3 provides a description of the land to be transferred by the
county of Oswego to the village of Phoenix, to be alienated and conveyed
to the Phoenix Central School District.

Section 4 provides that if the village of Phoenix received any funding
support or assistance from the federal government for the purchase,
maintenance, or improvement of parklands described in § 3 of this act,
the discontinuance of the parklands will not take place until the
village of Phoenix complies with all federal requirements pertaining to
the alienation or conversion of such land.

Section 5 is the effective date.

 
JUSTIFICATION:

The Village of Phoenix, located in Oswego County, is being authorized to
turn over a section of a village park adjoining the Phoenix Central
School District which will be used to expand its athletic fields.

The village property is currently used as parkland. Under this legis-
lation, the village would be authorized to enter into an agreement to
transfer 11.765 acres to be used to expand recreational opportunities
for students and residents of both the Village of Phoenix and the Phoe-
nix Central School District, by allowing the school district to expand
its athletic fields.

Before the village can enter into such an agreement, it must dedicate an
amount, of equal or greater value than the property transferred, for the
acquisition of new parklands, or for improvements to existing parklands.

The bill further provides that if the village of Phoenix has received
federal funding for the purchase, maintenance, or improvement of park-
lands identified by this act, the discontinuance of the parklands will

not take place until the village of Phoenix complies with all federal
requirements pertaining to the alienation or conversion of such land.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S7166B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7166--B
     Cal. No. 398
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT  authorizing the village of Phoenix to alienate and convey park-
   lands to the Phoenix Central School District
 
   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 Phoe-
 nix,  located  in  the county of Oswego, is hereby authorized, acting by
 and through its village board and upon  such  terms  and  conditions  as
 determined  by  such board, to discontinue as parklands and alienate the
 lands more particularly described in section three of this act,  and  to
 enter  into  a contract to sell and convey such parklands at fair market
 value and upon such other terms and  conditions  as  determined  by  the
 governing  body of the village of Phoenix in the county of Oswego to the
 Phoenix Central School District, county of Oswego.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the condition that the village of Phoenix, in the
 county of Oswego dedicate an amount equal to or greater  than  the  fair
 market  value  of such parklands being alienated pursuant to section one
 of this act to the acquisition of new parklands and/or  improvements  to
 existing parklands.
   §  3.  The  lands  to  be  discontinued  as  parklands  are more fully
 described as follows:
   ALL THAT TRACT OR PARCEL OF LAND, situate in the Village  of  Phoenix,
 in the County of Oswego and State of New York and being more particular-
 ly bounded and described as follows:
   BEGINNING  at  a point on the northwesterly line of Park Street at its
 intersection with the division line between the lands now or formerly of
 the Phoenix Central School District on the west and  the  lands  now  or

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13771-08-8

 S. 7166--B                          2
 
 formerly  of the Village of Phoenix as described in Book 524 of Deeds at
 Page 191 on the east, said point being North 57 deg.  30  min.  00  sec.
 East  along said northwesterly line of Park Street, a distance of 389.25
 feet  from  its  intersection  with  northeasterly  line of Main Street;
 thence along the said division line between the Phoenix  Central  School
 District  and  Village  of  Phoenix,  the following four (4) courses and
 distances: 1.) North 34 deg. 48 min. 00 sec. West a distance  of  177.07
 feet  to  a  point;  thence  2.)  North  14  deg. 55 min. 21 sec. West a
 distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min.  21
 sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
 min.  00 sec. East a distance of 1093.29 feet to a point on the division
 line between the said lands of the Village of Phoenix on  the  west  and
 the lands now or formerly of New York Central Lines, LLC as described in
 Book  1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
 00 sec.  East along said division line, a distance of 140.08 feet  to  a
 point  on  the  division  line  between the said lands of the Village of
 Phoenix on the west and the lands now or  formerly  of  Rodney  &  Diane
 Thomas  as  described  in Deed Instrument No.  R2011-007044 on the east;
 thence South 06 deg. 11 min. 00 sec. East along said  division  line,  a
 distance of 427.38 feet to a point on the division line between the said
 lands  of  the  Village  of  Phoenix  on the north and the said lands of
 Thomas, the lands now or formerly of  D  &  L  Realty  of  CNY,  LLC  as
 described  in Deed Instrument No. R2008-000126 on the east and the lands
 now or formerly of Carl P. Richardson, Jr. as described in Deed  Instru-
 ment  No.  R2015-008266,  in part by each, on the south; thence South 56
 deg. 31 min. 03 sec. West along said division line, a distance of 686.44
 feet to a point; thence through the said lands of the Village  of  Phoe-
 nix,  the following two (2) courses and distances: 1.) North 32 deg.  30
 min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
 deg. 30 min. 00 sec. West a distance of 188.78  feet  to  the  Point  of
 Beginning. Containing 11.765 acres of land, more or less.
   The  above  described parcel being the a portion of the lands conveyed
 to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
 
   § 4.  In the event that the village of Phoenix  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in  section  three
 of this act, the discontinuance of parkland authorized by the provisions
 of  this  act  shall not occur until the village of Phoenix has complied
 with any federal requirements pertaining to the alienation or conversion
 of such 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  value  and  recreational
 usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.

2017-S7166C (ACTIVE) - Details

Law Section:: Parks

2017-S7166C (ACTIVE) - Summary

2017-S7166C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7166C

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act authorizing the village of Phoenix to alienate
and convey parklands to the Phoenix Central School District

 
PURPOSE:

This bill authorizes the village of Phoenix to transfer 11.765 acres of
parkland to Phoenix Central School District for use as an athletic and
recreational field.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the village board of the village of Phoenix to
contract to transfer land described in § 3 of this act to the Phoenix
Central School District, pursuant to authorization by the governing body
of the village of Phoenix, subject to the terms of this act.

Section 2 provides the terms under which the land described in § 3 shall
be transferred by the village of Phoenix to the Phoenix Central School

District and includes the condition that the village of Phoenix dedicate
an amount, of equal or greater value than the property transferred, for
the acquisition of new parklands, or for improvements to existing park-
lands.

Section 3 provides a description of the land to be transferred by the
county of Oswego to the village of Phoenix, to be alienated and conveyed
to the Phoenix Central School District.

Section 4 provides that if the parklands described in § 3 of this act
have received funding from the federal land and water conservation fund,
then the discontinuance of the parklands will not happen until all
federal requirements are complied with pertaining to the conversion of
parkland.

Section 5 is the effective date.

 
JUSTIFICATION:

This act authorizes the Village of Phoenix, located in the town of
Schroeppel, in Oswego County, to turn over a section of a village park
adjoining the Phoenix Central School District which will be used to
expand its athletic fields.

The village property is currently used as parkland. Under this legis-
lation, the village would be authorized to enter into an agreement to
transfer 11.765 acres to be used to expand recreational opportunities
for students and residents of both the Village of Phoenix and the Phoe-
nix Central School District, by allowing the school district to expand
its athletic fields.

Before the village can enter into such an agreement, it must dedicate an
amount, of equal or greater value than the property transferred, for the
acquisition of new parklands, or for improvements to existing parklands.

The bill further provides that if the parkland proposed to be trans-
ferred has received funding from the federal land and water conservation
fund, then the discontinuance of the parklands will not happen until all
federal requirements are complied with pertaining to the conversion of
parkland.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S7166C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7166--C
     Cal. No. 398
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered  reprinted,  retaining its place in the order of third reading
   -- again amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  authorizing the village of Phoenix to alienate and convey park-
   lands to the Phoenix Central School District
 
   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 Phoe-
 nix,  located in the town of Schroeppel, county of Oswego, acting by and
 through its governing body and upon such terms and conditions as  deter-
 mined by such body, is hereby authorized to discontinue as parklands and
 alienate  the lands more particularly described in section three of this
 act, and to sell and convey such parklands at fair market value  to  the
 Phoenix  Central  School District, county of Oswego, for the purposes of
 extending the nearby school campus, sports and recreational facilities.
   § 2. The authorization provided in section one of this  act  shall  be
 effective only upon the condition that the village of Phoenix, dedicates
 an  amount  equal to or greater than the fair market value of such park-
 lands being discontinued towards the acquisition of new parklands and/or
 capital improvements to existing park and recreational facilities.
   § 3. The  lands  to  be  discontinued  as  parklands  are  more  fully
 described as follows:
   ALL  THAT  TRACT OR PARCEL OF LAND, situate in the Village of Phoenix,
 in the County of Oswego and State of New York and being more particular-
 ly bounded and described as follows:
   BEGINNING at a point on the northwesterly line of Park Street  at  its
 intersection with the division line between the lands now or formerly of
 the  Phoenix  Central  School  District on the west and the lands now or

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13771-14-8

 S. 7166--C                          2
 
 formerly of the Village of Phoenix as described in Book 524 of Deeds  at
 Page  191  on  the  east, said point being North 57 deg. 30 min. 00 sec.
 East along said northwesterly line of Park Street, a distance of  389.25
 feet  from  its  intersection  with  northeasterly  line of Main Street;
 thence along the said division line between the Phoenix  Central  School
 District  and  Village  of  Phoenix,  the following four (4) courses and
 distances: 1.) North 34 deg. 48 min. 00 sec. West a distance  of  177.07
 feet  to  a  point;  thence  2.)  North  14  deg. 55 min. 21 sec. West a
 distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min.  21
 sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
 min.  00 sec. East a distance of 1093.29 feet to a point on the division
 line between the said lands of the Village of Phoenix on  the  west  and
 the lands now or formerly of New York Central Lines, LLC as described in
 Book  1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
 00 sec.  East along said division line, a distance of 140.08 feet  to  a
 point  on  the  division  line  between the said lands of the Village of
 Phoenix on the west and the lands now or  formerly  of  Rodney  &  Diane
 Thomas  as  described  in Deed Instrument No.  R2011-007044 on the east;
 thence South 06 deg. 11 min. 00 sec. East along said  division  line,  a
 distance of 427.38 feet to a point on the division line between the said
 lands  of  the  Village  of  Phoenix  on the north and the said lands of
 Thomas, the lands now or formerly of  D  &  L  Realty  of  CNY,  LLC  as
 described  in Deed Instrument No. R2008-000126 on the east and the lands
 now or formerly of Carl P. Richardson, Jr. as described in Deed  Instru-
 ment  No.  R2015-008266,  in part by each, on the south; thence South 56
 deg. 31 min. 03 sec. West along said division line, a distance of 686.44
 feet to a point; thence through the said lands of the Village  of  Phoe-
 nix,  the following two (2) courses and distances: 1.) North 32 deg.  30
 min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
 deg. 30 min. 00 sec. West a distance of 188.78  feet  to  the  Point  of
 Beginning. Containing 11.765 acres of land, more or less.
   The  above  described parcel being the a portion of the lands conveyed
 to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
   § 4.  In the event that the village of Phoenix  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in  section  three
 of  this act, the discontinuance and alienation of such parkland author-
 ized by the provisions of this act shall not occur until the village  of
 Phoenix  has  complied  with  any federal requirements pertaining to the
 alienation or conversion of such  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 value and usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.

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