S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8743
 
                             I N  S E N A T E
 
                               April 6, 2022
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT authorizing the city of Elmira, county of  Chemung,  to  alienate
   and sell parklands to Cerulean Holdings, Inc.
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding any other provision of  law,  the  city  of
 Elmira, county of Chemung, acting by and through its governing body, and
 upon  such  terms  and  conditions as determined by such body, is hereby
 authorized to discontinue as parkland and to sell  and  convey  at  fair
 market value the approximately 1.9 acres portion of the property common-
 ly  known  as "Patch Park", and more fully described in section three of
 this act, to Cerulean Holdings, Inc. for the purpose of constructing  an
 apartment complex to serve low-income and special needs residents.
   §  2.  The authorization contained in section one of this act shall be
 effective only upon the condition that the city  of  Elmira,  county  of
 Chemung,  dedicate  an  amount  equal to or greater than the fair market
 value of the parklands being discontinued toward the acquisition of  new
 parklands  and/or capital improvements to existing park and recreational
 facilities.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated are described as follows:
   ALL THAT TRACT OR PARCEL OF LAND situate in the City of Elmira, County
 of Chemung and State of New York, bounded and described as follows:
   Beginning at an iron pin standing in the ground at the intersection of
 the  south line of East Washington Avenue with the west line of lands of
 New York, Lackawanna and Western Railway  Company,  conveyed  by  Elmira
 iron  and Steel Rolling Mill Company April 1, 1884 and recorded April 8,
 1884 in the Chemung County Deeds Volume 82, page 538; running thence  as
 the needle played in November 1920 S. 76° west along the said south line
 279.27  feet to an iron pin now standing in the ground; thence south 14°
 21' 20" east and parallel with the east line of Canal Street 75 feet  to
 an iron pin now standing in the ground; thence south 76° west 40 foot to
 an iron pin now standing in said east line of Canal Street; thence south
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15287-01-2
 S. 8743                             2
 
 14°  21'  20"  east  along  said east line and its prolongation south of
 south line of East Seventh Street 568.55 feet to an iron pin now  stand-
 ing in the ground; thence north 76° 02' 40" east parallel with the north
 face  the brick wall of the Old Rolling Mill and distant 25 feet perpen-
 dicularly therefrom, 130.45 feet to an iron  pin  now  standing  in  the
 ground;  thence  south  13°  37' 20" east parallel with the east face of
 said Old Rolling Mill and  25  feet  distant  perpendicularly  therefrom
 140.10  feet to a cross in a stone, which is 1 foot north of an iron pin
 now standing in the ground; thence north 76° 08' 40" east parallel  with
 the  north  face of the new wing of the Old Rolling Mill, and distant 25
 feet perpendicularly therefrom, 69.05 feet to an iron  pin  standing  in
 the  said  west line of lands of New York Lackawanna and Western Railway
 Company; thence north 5° 31' 40" west along said west line  792.40  feet
 to the point the place of beginning.
   ALSO,  all of the interest of the party of the first part in that part
 of Canal Street lying east of the center  line  thereof,  north  of  the
 south  line  of  East Seventh Street and south of the south line of East
 Washington Avenue.
   ALSO, all of that interest of the party of the first part in that part
 in East Washington Avenue lying south of the center line  thereof,  east
 of  the  centerline  of Canal Street prolonged and west of the said west
 line of the New York, Lackawanna and Western Railway Company.
   EXCEPTING ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  City  of
 Elmira,  County of Chemung and State of New York beginning at a point in
 the east line of Canal Street two hundred ninety-three  and  fifty-three
 hundredths  feet  (293.53')  south  of the south line of East Washington
 Avenue; thence south 14° 21' 20" east  along  the  east  line  of  Canal
 Street  and its extension south of the south line of East Seventh Street
 three hundred fifty and two hundredths feet (350.02') to  an  iron  pin;
 thence  north  76°  02'  40"  east  one  hundred  thirty  and forty-five
 hundredths feet (130.45') to an iron pin; thence south 13° 37' 20"  east
 one  hundred  forty  and ten hundredths feet (140.10') to a cross cut in
 stone which is one foot north of an iron pin; thence north 76°  08'  40"
 east sixty nine and five hundredths feet (69.05') to an iron pin; thence
 north  5°  31'  40"  west four hundred ninety-six and fifteen hundredths
 feet (496.15') along the west property line of the Erie Lackawanna Rail-
 road Company to a point; thence south 75° 58' west two hundred  seventy-
 three  and  eighty  hundredths feet (273.80') to the place of beginning.
 The above described parcel  containing  two  and  twenty-six  hundredths
 acres  (2.26  acres) of land. Also all the rights, title and interest of
 party of the first part in and to the main switch now  standing  on  the
 lands  above  conveyed  and  passing  over  lands heretofore conveyed to
 George W. Peck and Ira C. Pratt and LeVallye, McLeod, Kinkaid Company.
   AND FURTHER EXCEPTING all that tract or parcel of land situate in  the
 City  of Elmira, County of Chemung and State of New York, beginning at a
 point in the north property line on the above described  premises  thir-
 ty-five  and  fourteen hundredths feet (35.14') east of the east line of
 Canal Street; thence northerly at right angles  to  the  north  property
 line  four  and  seventy-two  hundredths feet (4.72') to a point; thence
 easterly along the north side of the building thirty-three  and  thirty-
 five  hundredths  feet  (33.35')  to a point; thence southerly along the
 east side of the building five feet (5'±) more or  less,  to  the  north
 property  line  of  the  first described parcel; thence westerly thirty-
 three and thirty-five hundredths feet (33.35') to the  place  of  begin-
 ning.
 S. 8743                             3
 
   § 4. In the event that the city of Elmira, county of Chemung, 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  authorized by the provisions of this act shall not occur until
 the city of Elmira, county of Chemung, has  complied  with  any  federal
 requirements  pertaining  to  the alienation or conversion of parklands,
 including satisfying to the secretary of the interior  that  the  alien-
 ation  or conversion complies with all conditions which the secretary of
 the interior deems necessary to ensure 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8743--A
 
                             I N  S E N A T E
 
                               April 6, 2022
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 city of Elmira, county of  Chemung,  to  alienate
   and sell parklands to Cerulean Holdings, Inc.

   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 city of  Elmira,
 county  of  Chemung  is  hereby  authorized,  acting  by and through its
 governing body, and upon such terms and conditions as determined by such
 body, to discontinue as parklands and  to  sell  and  convey  the  lands
 described  in  section three of this act, to Cerulean Holdings, Inc. for
 the purpose of constructing an apartment complex to serve low-income and
 special needs residents.
   § 2. The authorization contained in section one of this act  shall  be
 effective  only  upon  the  condition that the city of Elmira, county of
 Chemung, dedicate an amount equal to or greater  than  the  fair  market
 value  of the parklands being discontinued toward the acquisition of new
 parklands and/or capital improvements to existing park and  recreational
 facilities.
   §  3. The parklands authorized by section one of this act to be alien-
 ated are described as follows:
   ALL THAT TRACT OR PARCEL OF LAND situate in the City of Elmira, County
 of Chemung and State of New York, bounded and described as follows:
   Beginning at an iron pin standing in the ground at the intersection of
 the south line of East Washington Avenue with the west line of lands  of
 New  York,  Lackawanna  and  Western Railway Company, conveyed by Elmira
 iron and Steel Rolling Mill Company April 1, 1884 and recorded April  8,
 1884  in the Chemung County Deeds Volume 82, page 538; running thence as
 the needle played in November 1920 S. 76° west along the said south line
 279.27 feet to an iron pin now standing in the ground; thence south  14°
 21'  20" east and parallel with the east line of Canal Street 75 feet to
 an iron pin now standing in the ground; thence south 76° west 40 foot to
 an iron pin now standing in said east line of Canal Street; thence south
 14° 21' 20" east along said east line  and  its  prolongation  south  of
 south  line of East Seventh Street 568.55 feet to an iron pin now stand-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15287-03-2
 S. 8743--A                          2
 
 ing in the ground; thence north 76° 02' 40" east parallel with the north
 face the brick wall of the Old Rolling Mill and distant 25 feet  perpen-
 dicularly  therefrom,  130.45  feet  to  an iron pin now standing in the
 ground;  thence  south  13°  37' 20" east parallel with the east face of
 said Old Rolling Mill and  25  feet  distant  perpendicularly  therefrom
 140.10  feet to a cross in a stone, which is 1 foot north of an iron pin
 now standing in the ground; thence north 76° 08' 40" east parallel  with
 the  north  face of the new wing of the Old Rolling Mill, and distant 25
 feet perpendicularly therefrom, 69.05 feet to an iron  pin  standing  in
 the  said  west line of lands of New York Lackawanna and Western Railway
 Company; thence north 5° 31' 40" west along said west line  792.40  feet
 to the point the place of beginning.
   EXCEPTING  ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of
 Elmira, County of Chemung and State of New York beginning at a point  in
 the  east  line of Canal Street two hundred ninety-three and fifty-three
 hundredths feet (293.53') south of the south  line  of  East  Washington
 Avenue;  thence  south  14°  21'  20"  east along the east line of Canal
 Street and its extension south of the south line of East Seventh  Street
 three  hundred  fifty  and two hundredths feet (350.02') to an iron pin;
 thence north  76°  02'  40"  east  one  hundred  thirty  and  forty-five
 hundredths  feet (130.45') to an iron pin; thence south 13° 37' 20" east
 one hundred forty and ten hundredths feet (140.10') to a  cross  cut  in
 stone  which  is one foot north of an iron pin; thence north 76° 08' 40"
 east sixty nine and five hundredths feet (69.05') to an iron pin; thence
 north 5° 31' 40" west four hundred  ninety-six  and  fifteen  hundredths
 feet (496.15') along the west property line of the Erie Lackawanna Rail-
 road  Company to a point; thence south 75° 58' west two hundred seventy-
 three and eighty hundredths feet (273.80') to the  place  of  beginning.
 The  above  described  parcel  containing  two and twenty-six hundredths
 acres (2.26 acres) of land.
   AND FURTHER EXCEPTING all that tract or parcel of land situate in  the
 City  of Elmira, County of Chemung and State of New York, beginning at a
 point in the north property line on the above described  premises  thir-
 ty-five  and  fourteen hundredths feet (35.14') east of the east line of
 Canal Street; thence northerly at right angles  to  the  north  property
 line  four  and  seventy-two  hundredths feet (4.72') to a point; thence
 easterly along the north side of the building thirty-three  and  thirty-
 five  hundredths  feet  (33.35')  to a point; thence southerly along the
 east side of the building five feet (5'±) more or  less,  to  the  north
 property  line  of  the  first described parcel; thence westerly thirty-
 three and thirty-five hundredths feet (33.35') to the  place  of  begin-
 ning.
   Such parklands containing 1.9 acres of land.
   § 4. In the event that the city of Elmira, county of Chemung, 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 authorized by the provisions of this act shall not occur  until
 the  city  of  Elmira,  county of Chemung, has complied with any federal
 requirements pertaining to the alienation or  conversion  of  parklands,
 including  satisfying  to  the secretary of the interior that the alien-
 ation or conversion complies with all conditions which the secretary  of
 the  interior  deems necessary to ensure 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.