S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8033
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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, located in the town of Herkimer, county of Herkimer, acting by
 and through its governing body and upon such  terms  and  conditions  as
 determined  by  such  body, is hereby authorized to discontinue as park-
 lands and to alienate the lands described in section three of this  act,
 and to convey such lands to the Herkimer Central School District for the
 purpose of expanding educational, school related extracurricular facili-
 ties, and general park purposes.
   §  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  the lands described in
 section four of this act, and the village dedicate such lands  as  park-
 lands open to the general public.
   §  3. The parklands authorized by section one of this act to be alien-
 ated and conveyed by the village of Herkimer, commonly known as  "Harmon
 Field", is 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.
                                                            LBD15672-01-0

 S. 8033                             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 1.32 acres.
   §  4.  The lands required by section two of this act to be conveyed to
 the village of Herkimer by the  Herkimer  Central  School  District  and
 dedicated  as  parklands  open  to the general public, commonly known as
 "Earl Field", are more particularly described as follows:
   ALL THAT TRACT 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 a  point  on  the  property  line
 between the property of Ralph D. Earl and the property of the village of
 Herkimer,  a  distance of 81.3 feet from an iron pipe marking the North-
 eastern corner of the village of Herkimer lot; thence  South  45-degrees
 09'  East  along  the  property line of Ralph D. Earl and the village of
 Herkimer a distance of 25-feet more or less; thence South  1-degree  09'
 East,  a  distance of 41-feet more or less to a point; thence curving to
 the right with a radii of 120-feet, a distance of 51-feet more or  less;
 thence  South  22-degrees  21' West a distance of 441-feet more or less;
 thence curving to the right with a  radii  of  120-feet  a  distance  of
 63-feet more or less; thence South 55-degrees 00' West a distance of 170
 feet  more  or  less  to  the East limits of a gravel road; thence North
 11-degrees 29' East along the East limits of the gravel road a  distance
 of  30-feet more or less; thence North 55-degrees 00' East a distance of
 148-feet more or less; thence curving  to  the  Left  with  a  radii  of
 100-feet a distance of 53-feet more or less; thence North 22-degrees 21'
 East a distance of 441-feet more or less; thence North 1-degree 09' West
 a distance of 58-feet more or less to the place of beginning.
   §  5.  In  the  event  that  the  fair  market  value of the parklands
 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

 S. 8033                             3
 
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8033--A
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15672-05-0

 S. 8033--A                          2
 
 center line of Bellinger Brook, so-called. Thence in an easterly  direc-
 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 1.32 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

 S. 8033--A                          3
 
 Steuben,  a distance of 175 feet to the southwest corner of the lands of
 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.