The New York State Senate

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

                                10111--A

                          I N  A S S E M B L Y

                             March 12, 2020
                               ___________

Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
  tee on  Local  Governments  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT authorizing the village of Herkimer, county of Herkimer to alien-
  ate and convey certain parcels of land used as parkland

  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
Herkimer,  in  the  town  of Herkimer, county of Herkimer, 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
to  alienate  the  lands  described  in section three of this act to the
Herkimer Central School District for the  purpose  of  expanding  educa-
tional, school related extracurricular facilities.
  §  2.  The  authorization provided in section one of this act shall be
effective only upon the  condition  that  the  Herkimer  Central  School
District  convey  to  the  village  of  Herkimer and that the village of
Herkimer acquire and dedicate the lands described  in  section  four  of
this  act  as parklands, provided that the village of Herkimer has never
used such lands for public open space or park purposes.
  § 3. The parklands authorized by section one of this act to be  alien-
ated are more particularly described as follows:
Parcel 1
  ALL  THAT  CERTAIN  PIECE OR PARCEL OF LAND situate lying and being in
the village of Herkimer, County of  Herkimer  and  state  of  New  York,
bounded  and described as follows: Beginning at an iron pipe monument in
the northerly line of Park Avenue, 300.05 feet distant westerly from the
intersection of the northerly line of said Park Avenue and the  westerly
line of Frederick Street, said pipe also being the south-westerly corner
of a parcel of land owned by the village of Herkimer and known as Harmon
Field. Thence south 76 degrees 5 minutes west along the extension of the
northerly  line  of  said Park Avenue 125 feet to an iron pipe monument.
Thence north 12 degrees 38 minutes west 339.2 feet to  a  point  in  the
center  line of Bellinger Brook, so-called. Thence in an easterly direc-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15672-07-0

A. 10111--A                         2

tion along center line of aforesaid Brook about 130 feet to  the  north-
westerly  corner of the aforesaid lands owned by the village of Herkimer
and known as Harmon Field. Thence south 12 degrees 38 minutes east along
the  westerly  line  of  the said lands owned by the village of Herkimer
368.22 feet to the place of beginning, containing one acre of land.
Parcel 2
  ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate  in  the  village  of
Herkimer,  Herkimer  County, New York, bounded and described as follows:
Beginning at the intersection of the north line of Park Avenue where  it
intersects the west line of Frederick Street in the village of Herkimer,
NY;  Thence running westerly along the north line of Park Avenue and its
westerly projection, which is also the southerly line of Harmon Field, a
distance of 425.05 feet to the easterly line of property of the Herkimer
Central School District, which  is  also  the  southwesterly  corner  of
Harmon Field, the point or place of beginning; Thence continuing wester-
ly  along  the  projection  of the north line of Park Avenue through the
lands of the Herkimer Central School District on a bearing of  South  39
Degrees 05' 50" West a distance of 180.11 feet to a point which is 180.0
feet  westerly  of  the west line of Harmon Field when measured at right
angles thereto; Thence running northerly along a line which is  parallel
to  and  180.0  feet  westerly  of the west line of Harmon Field along a
bearing of North 49 Degrees 37' 10" West a distance of 300.0 feet  to  a
point; Thence running northeasterly on a bearing of North 26 Degrees 52'
10" East a distance of 185.19 feet to the northwesterly corner of Harmon
Field;  Thence  running  southerly  along the line which is the westerly
boundary of Harmon Field and the easterly boundary of  the  property  of
the  Herkimer  Central  School  District,  along  a  bearing of South 49
Degrees 37' 10" East a distance of 339.2 feet to the point or  place  of
beginning. Total parcel size contains 5.32 acres.
  §  4.  Prior  to  the  discontinuance  and alienation of the parklands
described in section three of this  act,  the  Herkimer  Central  School
District  shall  convey  to  the  village of Herkimer and the village of
Herkimer shall acquire and dedicate as parklands such land described  as
follows:
  Parcel 1
  ALL  THAT  CERTAIN  PIECE  OF PARCEL OF LAND situate in the village of
Herkimer, county of Herkimer, and State of New York, designated  upon  a
map  made  by  E.T.T.  Lansing,  Civil  Engineer and Surveyor, of Little
Falls, N.Y., for the parties of the first part, known as Lots. Nos. 101,
102, 103, 104, and 105 which comprise a tract of  land  situate  on  the
north  side  of  East  German  Street  of the Village of Herkimer, N.Y.,
bounded as follows: on the north side by lots number 123, 124  owned  by
parties  of  the  first  part; on the east by land of the parties of the
first part included in land for a proposed street, as designated on said
map; on the south by East German Street, and  on  the  west  by  Steuben
Street. Said tract of land is about 220 feet on the north side; 110 feet
on  the east side, about 225 feet on its south side fronting East German
Street, and about 150 feet on its west died on Steuben Street.  Contain-
ing approximately 5.2 acres.
  Parcel 2
  ALL  THAT  CERTAIN  PIECE  OR PARCEL OF LAND situate in the village of
Herkimer, county of  Herkimer,  and  State  of  New  York,  bounded  and
described as follows: Beginning at a point in the easterly line of Steu-
ben  Road  which  is  the  northwesterly corner line of the lands of the
party of the second part, thence running northerly  along  the  line  of
Steuben,  a distance of 175 feet to the southwest corner of the lands of

A. 10111--A                         3

Robert Earl, thence Easterly along the division line of lands of  Robert
Earl  and  Lorellia  C.  Potter  to Frances Street, a distance of 216.15
feet; thence Southerly along Frances Street a distance of 171.5 feet  to
the northeasterly corner of the lands of the party of the second part as
surveyed  and  plotted  on a map made by H.C. Weller, Civil Engineer and
Surveyor now residing at Eagle Bay, N.Y. for Ralph D. Earl of the  first
part,  dated  October  17,  1913, on file in the Herkimer County Clerk's
Office to which map or the record thereof reference is made for  a  more
particular description. Containing approximately 5.4 acres more or less.
  § 5. In the event that the fair market value of the lands described in
section  four of this act to be dedicated as parklands by the village of
Herkimer pursuant to this act are not equal to or greater than the  fair
market  value  of  the parklands to be alienated as described in section
three of this act, the village of Herkimer 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 additional parklands and/or capital
improvements to existing park and recreational facilities.
  § 6. In the event that the village of Herkimer  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
Herkimer  has  complied  with any federal requirements pertaining to the
alienation or conversion of parklands, including satisfying  the  secre-
tary 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.
  § 7. This act shall take effect immediately.