S T A T E   O F   N E W   Y O R K
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                                  5865--A
     Cal. No. 945
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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  to authorize the town of New Hartford, in the county of Oneida,
   to alienate certain parklands and to dedicate other lands as parklands
 
   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 town of New
 Hartford, in the county of Oneida, acting by and through  its  governing
 body  and  upon such terms and conditions as determined by such board is
 hereby authorized to discontinue as parklands  and  alienate  the  lands
 described  in section three of this act for the purpose of the installa-
 tion and operation of a cell tower base station facility.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the condition that the town of New Hartford dedi-
 cates the lands described in  section  four  of  this  act  as  parkland
 provided  that  the  town  of New Hartford 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 described as follows:
   ALL  THAT  certain piece or parcel of land, situate in the Town of New
 Hartford, County of Oneida and State of New York,  being  a  portion  of
 land  conveyed  to  the Town of New Hartford, a municipal corporation by
 book 1741 at page 446 as recorded in the Oneida county  clerk's  office,
 bounded and described as follows:
 Commencing  at the southeasterly corner of said lands of the Town of New
 Hartford, a municipal corporation, said point also being located on  the
 westerly  bounds  of  New  Paris  Road  and said point being marked by a
 concrete monument, thence from said point of  commencement,  along  said
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11785-03-9

 S. 5865--A                          2
 
 westerly  boundary  of  New  Paris  Road n. 27°-38'-00" E. A distance of
 611.60' to a point, thence through the said lands of  the  Town  of  New
 Hartford, a municipal corporation the following twenty-seven (27) cours-
 es and distances:
 A1) N 62°22'00" W     83.58', thence
 A2) S 87°44'29" W     18.89', thence
 A3) S 30°26'56" W     128.78', thence
 A4) S 37°27'17" W     78.84', thence
 A5) S 50°03'55" W     155.14', thence
 A6) S 58°59'31" W     151.18', thence
 A7) S 68°46'42" W     122.23', thence
 A8) S 81°35'28" W     127.18', thence
 A9) S 89°06'49" W     120.63', thence
 A10) N 78°06'14" W    128.82', thence
 A11) N 62°00'31" W    259.97', thence
 A12) N 39°40'44" W    237.75', thence
 A13) S 89°52'12" W    144.32', thence
 A14) S 81°24'18" W    121.77', thence
 A15) S 60°46'16" W    73.21', thence
 A16) S 11°36'30" W    156.26', thence
 A17) S 26°39'27" W    72.84', thence
 A18) S 47°58'11" W    42.83', thence
 A19) S 69°33'16" W    39.96', thence
 A20) S 00°38'35" E    47.76', thence
 A21) S 10°16'27" E    40.66', thence
 A22) S 00°31'28" E    102.86', thence
 A23) S 10°07'18" E    60.16', thence
 A24) S 19°13'21" E    31.95', thence
 A25) S 82°37'00" W    39.90', thence
 A26) S 07°23'00" E    30.00', thence
 A27) S 82°37'00" W    12.00' to the southeasterly corner of the herein
 described 75' x 75' lease area easement and the point and place of
 beginning, thence from said point of beginning, continuing through the
 said lands of the Town of New Hartford, a municipal corporation the
 following four (4) courses and distances
 
 L1) S 82°37'00" W     75.00', thence
 L2) N 7°23'00" W      75.00', thence
 L3) N 82°37'00" E     75.00', thence
 L4) S 7d°3'00" E      75.00', to the point and place of beginning,
 containing an area of 0.129 acres, more or less
   §  4.  Prior  to  the  discontinuance  and  alienation of the parkland
 described in section three of this act, the town of New  Hartford  shall
 dedicate as parkland such land described as follows:
   ALL  THAT CERTAIN LOT OF LAND in New Hartford, County of Oneida, State
 of New York, described as follows: BEGINNING at the northwesterly corner
 of the said premises, said "point of beginning" being  on  the  easterly
 line  of  Henderson Street in the Village of New York Mills, Town of New
 Hartford, New York, at the terminus of the following two courses, viz:
   BEGINNING at the intersection of the westly line of Clinton Street and
 the easterly line of Henderson Street; running thence North 21° 12' West
 98.6 ft. to a point in the easterly line  of  Henderson  Street;  thence
 North  13° 30' West 133.33 ft. to the "point of beginning"; thence as in
 previous deeds running North 50° 30' East 214.50 ft.  to  the  northeast
 corner  of the said premises; thence turning an angle of 90° and running
 41.85 ft. to the southeast corner; thence turning an angle  of  90°  and

 S. 5865--A                          3
 
 running  parallel  to the first course of the premises 232.98 ft. to the
 southwest corner of the  said  premises;  thence  running  northwesterly
 along  the  east  line of Henderson Street to the point of beginning, as
 surveyed  by Joseph B. Shaw, L.P.E.  #10297 on January 3, 1961. Contain-
 ing an area of 0.18 acres, more or less.
   ALL THAT LOT OR PARCEL OF LAND in Village of New York Mills,  Town  of
 New Hartford, County of Oneida, State of New York, bounded and described
 as follows:
   Beginning at a point in the easterly fence line of Henderson Street to
 the  northwest corner of a parcel of land conveyed by the New York Mills
 Corporation to Arthur D. Cheetham, thence north 14° West forth (40) feet
 along said easterly line to an iron pipe; thence north 56° 34' east  one
 hundred  sixty-six and sixty seven hundredths (166.67) feet to a corner,
 thence south 35° 30' east forth two (42) feet to the northeast corner of
 said Cheetham parcel, thence south 57° 55' west one  hundred  eighty-one
 and  fifty-five hundredths (181.55) feet along the northerly boundary of
 said Cheetham parcel to the place of beginning.  Containing an  area  of
 0.16 acres, more or less.
   §  5.  In  the  event  that  the  fair  market  value of the parklands
 described in section four of this act to be dedicated as parkland by the
 town of New Hartford 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 town of New Hartford 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 facili-
 ties.
   § 6. In the event that the town of New Hartford 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 town of New
 Hartford 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.