S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6959--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced by M. of A. BRABENEC -- 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 town of Warwick, county  of  Orange  to  alienate
   certain  lands  held in public trust in the town of Warwick, county of
   Orange
 
   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 Warwick,
 in the county of Orange, acting by and through its town board, is hereby
 authorized  to  discontinue  as  public  trust lands and to alienate the
 lands more particularly described in section three of this act  for  the
 purpose  of  exchanging  such  land  for  lands owned by urbanXtracts, a
 "seed-to-market" cannabis business.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that the town of Warwick  shall  dedicate
 the  lands  described  in  section four of this act as parkland provided
 that the town of Warwick has never used such lands for public open space
 or park purposes.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued as public trust land and alienated are as follows:
   All  that  parcel  of  land  situate,  lying  and being in the Town of
 Warwick, County of Orange and State of New York, being more particularly
 bounded and described as follows:
   Beginning at a point along the easterly  boundary  of  Lot  5  at  the
 northwesterly  corner of Lot 2 West, being located S 00 01' 34" W, 50.00
 feet from the most easterly corner of Lot 1; thence along  the  boundary
 of Lot 2 West the following four (4) courses and distances:
   (1) S 00° 01' 34" W, a distance of 108.85 feet to a point;
   (2) S 13° 15' 40" W, a distance of 234.10 feet to a point;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11031-03-3
 A. 6959--A                          2
              
             
                          
                 
   (3) S 25° 00' 00" E, a distance of 148.92 feet to a point;
   (4) N 72° 20' 30" E, a distance of 553.66 feet to a point;
   thence   through  Lot  5  the  following  nineteen  (19)  courses  and
 distances:
   (1) S 13° 00' 00" W, a distance of 62.71 feet to a point;
   (2) S 52° 27' 48" W, a distance of 1,126.22 feet to a point;
   (3) S 69° 09' 00" W, a distance of 206.00 feet to a point;
   (4) N 20° 51' 00" W, a distance of 254.50 feet to a point;
   (5) N 69° 09' 00" E, a distance of 53.12 feet to a point;
   (6) S 69° 37' 16" E, a distance of 62.55 feet to a point;
   (7) N 20° 22' 24" E, a distance of 80.00 feet to a point;
   (8) N 70° 38' 56" W, a distance of 80.00 feet to a point;
   (9) N 29° 44' 43" E, a distance of 13.41 feet to a point;
   (10) N 51° 49' 50" W a distance of 57.38 feet to a point;
   (11) along a curve to the left having a radius of 115.00 feet, an  arc
 length of 46.43 feet to a point;
   (12) N 74° 57' 52" W, a distance of 25.46 feet to a point;
   (13)  along a curve to the right having a radius of 45.00 feet, an arc
 length of 43.03 feet to a point;
   (14) N 20° 10' 47" W, a distance of 397.60 to the point located  along
 the  southerly boundary of a roadway now known as John Hicks Drive, said
 point being located N 65° 09' 20" E, 180.90 feet from the  northeasterly
 boundary of Lot 1;
   (15) N 65° 09' 20" E, for a distance of 136.44 feet to a point;
   (16) along a curve to the right having a radius of 250.00 feet, an arc
 length of 97.24 feet to a point;
   (17) N 87° 26' 30" E, a distance of 140.91 feet to a point;
   (18)  along a curve to the left having a radius of 350.00 feet, an arc
 length of 270.71 feet;
   (19) along a curve to the right having a radius of 365.00 feet, an arc
 length of 298.77 feet to the Point Of Beginning.
   Containing 15.67 acres of land, more or less.
   Being a portion of Lot 5 shown on the map entitled "Survey Map showing
 The Remaining Lands to be Retained by the Town of Warwick of the  former
 Mid-Orange  Correctional  Facility,  prepared  for  Warwick Valley Local
 Development Corporation, New York  State  Office  of  General  Services,
 Empire  State Development Corporation," dated July 2, 2013, last revised
 December 5, 2013, on file at  the  New  York  State  Office  of  General
 Services as OGS Map No. 2462, Sheet 4.
   §  4.  Prior  to the discontinuance and alienation of the public trust
 land described in section three of this act, the town of  Warwick  shall
 acquire  and  dedicate  as  public  trust  land  such land consisting of
 approximately 2.28 acres described as follows:
   All that parcel of land situate,  lying  and  being  in  the  Town  of
 Warwick, County of Orange and State of New York, being more particularly
 bounded and described as follows:
   Beginning  at  a  point  on  the  most Easterly corner of lands now or
 formerly NY Hemp Source, LLC (Section 46, Block 1, Lot 35) also known as
 Lot 2 West (Filed Map number 38-14 in the Orange County Clerk's  Office)
 where  the same is intersected by the Westerly Line of State School Road
 and runs along the original line of Lot 2 West S72°20'30W for a distance
 of 490.07 feet to a point, thence;
   Along a line to become the new division line between NY  Hemp  Source,
 LLC and The Town Of Warwick N13°00'00"E for a distance of 237.29 feet to
 a point, thence;
 A. 6959--A                          3
 
   Along  the  same N06°32'49"E for a distance of 103.00 feet to a point,
 thence;
   Along  the Southerly and Westerly line of State School Road on a curve
 to the left with a radius of 1,714.50 feet for an arc distance of 220.41
 feet subtended with a Chord Bearing S86°56'44"E for a distance of 220.26
 feet to a point, thence;
   Along the same N89°22'18"E for a distance of 96.39 feet  to  a  point,
 thence;
   Along the same on a curve to the right with a radius of 35.50 feet for
 an arc distance of 44.41 feet subtended with a Chord Bearing S54°47'11"E
 a distance of 41.57 feet to a point, thence;
   Along  the same S18°56'40"E a distance of 158.83 feet to the point and
 place of beginning.
   Said parcel containing 2.28 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 by the town of Warwick as park-
 lands are not equal to or greater than the  fair  market  value  of  the
 lands  to  be  alienated  as described in section three of this act, the
 town of Warwick 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 improvement to exist-
 ing park and recreational facilities.
   § 6. In the event that  the  town  of  Warwick  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the lands held in public trust  set  forth
 in  section three of this act, the discontinuance and alienation of such
 lands held in public trust authorized by the provisions of  section  one
 of  this act shall not occur until the town of Warwick has complied with
 any federal requirements pertaining to the alienation or  conversion  of
 such public trust lands, including satisfying the secretary of the inte-
 rior  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.