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S04870 Summary:

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S04870 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4870
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 22, 2015
                                       ___________
 
        Introduced  by  Sen. LITTLE -- (at request of the Department of Environ-
          mental Conservation) -- read  twice  and  ordered  printed,  and  when
          printed to be committed to the Committee on Environmental Conservation
 
        AN  ACT approving the exchange of certain lands between the Town of Long
          Lake and the People of the State of New York
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Pursuant to section 1 of article 14 of the State Constitu-
     2  tion, as amended at the general election held  in  November,  2007,  the
     3  legislature  approves the lands to be exchanged as specified in this act
     4  and finds and determines that the property to be received by the  State,
     5  described in section four of this act, is true and forest land and is at
     6  least equal in value to the land to be conveyed by the State to the town
     7  of  Long  Lake,  described  in section five of this act. The legislature
     8  further finds that all provisions and requirements of  the  Constitution
     9  relating to this exchange have been met.
    10    §  2. The commissioner of general services, after certification to him
    11  or her by the commissioner of environmental conservation that  title  to
    12  the lands described in section four of this act has vested in the people
    13  of the state of New York, shall issue letters patent to the town of Long
    14  Lake of the lands described in section five of this act.
    15    Notwithstanding the provisions of the public lands law, the conveyance
    16  by  the  State  may  be without reservation of any minerals. The letters
    17  patent shall contain the following covenants and restrictions:
    18    (a) The property shall be used for water supply purposes only and  for
    19  no other purpose.
    20    (b)  The  town  of Long Lake shall not sell, transfer or subdivide the
    21  property.
    22    § 3. Title to the land described in section four of this act shall  be
    23  approved  by  the  attorney  general,  and the deed to the people of the
    24  state of New York of such lands shall be approved by the attorney gener-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09540-03-5
        S. 4870                             2
 
     1  al as to form and manner of execution and  recordability  prior  to  its
     2  delivery to the Hamilton County Clerk for recording.
     3    § 4. The lands to be conveyed to the state are described as follows:
     4  ALL  THAT CERTAIN PIECE OR PARCEL OF LAND situate in Lot 37, Township 6,
     5  Totten and Crossfield Purchase, Town of Arietta, County of Hamilton  and
     6  State of New York, further described as follows:
     7  BEGINNING  at a 1-1/4 inch iron pipe and stones located on the southerly
     8  boundary of New York State Route 28, which iron pipe also is located  on
     9  the  division line between Lots 36 and 37, Township 6, Totten and Cross-
    10  field Purchase, and then running the  following  five  (5)  courses  and
    11  distances:
    12    1.  Easterly  on  a  curve to the right with a radius of 1,096 feet, a
    13  chord of North 77 degrees 34 minutes 29 seconds East; 292.42 feet and  a
    14  distance  along  the curve of 293.3 feet along the southerly boundary of
    15  the right-of-way of New York State Route 28 to a 1/2 inch re-rod; then
    16    2. South 19 degrees 49 minutes 35 seconds East a  distance  of  195.40
    17  feet to a point, which point is marked by a 1/2 inch re-rod; then
    18    3.  South 37 degrees 35 minutes 56 seconds East a distance of 2,277.20
    19  feet along a blazed and painted line to a  point  for  a  corner,  which
    20  point is marked by a 1/2 inch re-rod set in a stream; then
    21    4.  South  47  degrees 54 minutes 09 seconds West a distance of 205.63
    22  feet to a point for a corner, which point is marked by a 1-1/4 inch iron
    23  pipe and stones, and which point is the common corner of Lots 30, 31, 36
    24  and 37 of Township 6, Totten and Crossfield Purchase; then
    25    5. North 37 degrees 35 minutes 56 seconds West a distance of  2,603.78
    26  feet  along  the blazed and painted division line between Lots 36 and 37
    27  to the point and place of beginning.
    28    Consisting of 12.2 acres of land, more or less.
    29  EXCEPTING AND RESERVING therefrom any  of  the  above  described  parcel
    30  which may fall within the right-of-way of New York State Route 28.
    31    ALL  as shown on a map entitled "Map of Survey of Lands Proposed to be
    32  conveyed to The People of The State of New York  by  the  Town  of  Long
    33  Lake"  prepared  by  William D. Hollister P.L.S., dated July 1, 2013 and
    34  revised on May 8, 2014, filed October 9, 2014  in  the  Hamilton  County
    35  Clerk's  Office as Map 2312 and also filed in the New York State Depart-
    36  ment of Environmental Conservation Office  in  Albany,  NY  as  Map  No.
    37  12,417.
    38    §  5.  The lands to be conveyed to the town of Long Lake are described
    39  as follows:
    40  ALL THAT PIECE OR PARCEL OF LAND situate in Township 40, Totten & Cross-
    41  field's Purchase in the Town of Long Lake, Hamilton County, State of New
    42  York, further described as follows:
    43  COMMENCING at the intersection of the centerline of N.Y.S. Route 28 with
    44  the centerline of Sagamore Road;
    45  THENCE the following eighteen  (18)  courses  and  distances  along  the
    46  centerline of Sagamore Road:
    47    1.  South  24 degrees 18 minutes 54 seconds East, a distance of 140.29
    48  feet to a point;
    49    2. South 22 degrees 27 minutes 55 seconds East, a distance of  1222.38
    50  feet to a point;
    51    3.  South  24 degrees 42 minutes 54 seconds East, a distance of 202.50
    52  feet to a point;
    53    4. South 31 degrees 11 minutes 09 seconds East, a distance  of  211.97
    54  feet to a point;
    55    5.  South  37 degrees 53 minutes 47 seconds East, a distance of 351.21
    56  feet to a point;
        S. 4870                             3
 
     1    6. South 41 degrees 35 minutes 56 seconds East, a distance  of  165.91
     2  feet to a point;
     3    7.  South  46 degrees 21 minutes 06 seconds East, a distance of 180.66
     4  feet to a point;
     5    8. South 39 degrees 16 minutes 20 seconds East, a distance  of  167.62
     6  feet to a point;
     7    9.  South  22 degrees 28 minutes 33 seconds East, a distance of 156.25
     8  feet to a point;
     9    10. South 20 degrees 47 minutes 46 seconds East, a distance of  219.25
    10  feet to a point;
    11    11.  South 14 degrees 05 minutes 26 seconds East, a distance of 119.37
    12  feet to a point;
    13    12. South 00 degrees 47 minutes 03 seconds West, a distance of  167.92
    14  feet to a point;
    15    13.  South 11 degrees 31 minutes 35 seconds West, a distance of 121.89
    16  feet to a point;
    17    14. South 20 degrees 35 minutes 25 seconds West, a distance of  206.44
    18  feet to a point;
    19    15.  South  09 degrees 13 minutes 54 seconds West, a distance of 96.78
    20  feet to a point;
    21    16. South 02 degrees 02 minutes 53 seconds East, a distance of  114.59
    22  feet to a point;
    23    17.  South 11 degrees 24 minutes 34 seconds West, a distance of 155.61
    24  feet to a point of curvature;
    25    18. Along a curve to the left, having a radius of 125.25 feet, a chord
    26  bearing of South 03 degrees 45 minutes 28 seconds West, a chord distance
    27  of 33.35 feet to a point;
    28  THENCE South 86 degrees 06 minutes 21 seconds West, a distance of  24.75
    29  feet to a point on the westerly side of Sagamore Road, to the said POINT
    30  OF BEGINNING;
    31  THENCE  from  said  POINT OF BEGINNING the following two (2) courses and
    32  distances along the westerly side of Sagamore Road;
    33    1. Along a curve to the left, having a radius of 150.00 feet, a  chord
    34  bearing of South 13 degrees 53 minutes 38 seconds East, a chord distance
    35  of 52.09 feet to a point of tangency;
    36    2.  South  23  degrees 53 minutes 38 seconds East, a distance of 35.41
    37  feet to a point;
    38  THENCE the following twenty eight (28) courses and distances through the
    39  lands of the People of the State of New York;
    40    1. South 23 degrees 00 minutes 32 seconds West, passing through a  set
    41  capped  iron rod line marker at 25 feet and continuing 121.62 feet for a
    42  total distance of 146.62 feet to a set capped iron rod;
    43    2. South 52 degrees 56 minutes 51 seconds West, a  distance  of  75.06
    44  feet to a set capped iron rod;
    45    3.  South  34  degrees 09 minutes 38 seconds West, a distance of 87.41
    46  feet to a point;
    47    4. South 28 degrees 16 minutes 15 seconds West, a distance  of  125.39
    48  feet to a point of curvature;
    49    5. Along a curve to the right, having a radius of 122.75 feet, a chord
    50  bearing of South 41 degrees 46 minutes 28 seconds West, a chord distance
    51  of 57.33 feet to a point of reverse curvature;
    52    6.  Along  a curve to the left, having a radius of 48.24 feet, a chord
    53  bearing of South 31 degrees 28 minutes 28 seconds West, a chord distance
    54  of 38.93 feet to a point of tangency;
    55    7. South 07 degrees 40 minutes 32 seconds West, a  distance  of  43.98
    56  feet to a point of curvature;
        S. 4870                             4
 
     1    8. Along a curve to the right, having a radius of 148.03 feet, a chord
     2  bearing of South 26 degrees 18 minutes 51 seconds West, a chord distance
     3  of 94.61 feet to a point of tangency;
     4    9.  South  44 degrees 57 minutes 02 seconds West, a distance of 103.46
     5  feet to a point of curvature;
     6    10. Along a curve to the right, having a  radius  of  112.91  feet,  a
     7  chord  bearing  of  South 57 degrees 12 minutes 09 seconds West, a chord
     8  distance of 47.92 feet to a point of reverse curvature;
     9    11. Along a curve to the left, having a radius of 79.90 feet, a  chord
    10  bearing of South 35 degrees 20 minutes 07 seconds West, a chord distance
    11  of 89.63 feet to a set capped iron rod to a point of tangency;
    12    12.  South  06 degrees 07 minutes 30 seconds East, a distance of 50.62
    13  feet to a set capped iron rod;
    14    13. South 79 degrees 25 minutes 57 seconds West, a distance  of  88.63
    15  feet to a set capped iron rod;
    16    14.  North  24 degrees 42 minutes 02 seconds West, a distance of 69.46
    17  feet to a set capped iron rod;
    18    15. North 72 degrees 57 minutes 16 seconds East, a distance of  103.64
    19  feet to a set capped iron rod;
    20    16. Along a curve to the right, having a radius of 95.90 feet, a chord
    21  bearing of North 43 degrees 24 minutes 01 seconds East, a chord distance
    22  of 84.24 feet to a point of reverse curvature;
    23    17.  Along a curve to the left, having a radius of 96.91 feet, a chord
    24  bearing of North 57 degrees 12 minutes 09 seconds East, a chord distance
    25  of 41.13 feet to a point of tangency;
    26    18. North 44 degrees 57 minutes 02 seconds East, a distance of  103.46
    27  feet to a point of curvature;
    28    19. Along a curve to the left, having a radius of 132.03 feet, a chord
    29  bearing of North 26 degrees 18 minutes 43 seconds East, a chord distance
    30  of 84.38 feet to a point of tangency;
    31    20.  North  07 degrees 40 minutes 32 seconds East, a distance of 43.98
    32  feet to a point of curvature;
    33    21. Along a curve to the right, having a radius of 64.24 feet, a chord
    34  bearing of North 31 degrees 28 minutes 43 seconds East, a chord distance
    35  of 51.85 feet to a point of reverse curvature;
    36    22. Along a curve to the left, having a radius of 106.75 feet, a chord
    37  bearing of North 41 degrees 46 minutes 28 seconds East, a chord distance
    38  of 49.86 feet to a point of tangency;
    39    23. North 28 degrees 16 minutes 15 seconds East, a distance of  126.21
    40  feet to a point;
    41    24.  North  34 degrees 09 minutes 38 seconds East, a distance of 91.13
    42  feet to a set capped iron rod;
    43    25. North 24 degrees 01 minutes 20 seconds East, a distance  of  64.63
    44  feet to a set capped iron rod;
    45    26.  North 47 degrees 57 minutes 12 seconds West, a distance of 125.19
    46  feet to a set capped iron rod;
    47    27. North 44 degrees 30 minutes 52 seconds East, a distance  of  70.78
    48  feet to a set capped iron rod;
    49    28. North 63 degrees 51 minutes 43 seconds East, passing through a set
    50  capped  iron  rod  line  marker 107.56 feet and continuing 25 feet for a
    51  total distance of 132.56 feet to the point and place of beginning.
    52  Consisting of 1.0 acre of land, more or less.
    53  Bearings given in the above description refer to Grid North.
    54  SUBJECT TO all easements, reservations, restrictions, and  covenants  of
    55  record.
        S. 4870                             5
 
     1  RESERVING a 16 ft. wide easement for ingress and egress, centered on the
     2  existing  access  road  running through the above described property and
     3  shown on the map referenced below.
     4  ALL as shown on a map entitled "Map of Survey of Lands to be Conveyed to
     5  The  Town of Long Lake, by The People of the State of New York, Pursuant
     6  to an Amendment to Article 14, Section 1, of the New York State  Consti-
     7  tution,  as  Approved  by Public Referendum on November 6, 2007, Project
     8  EX-AFP Hamilton 326, State of New York - Vendor" prepared  by  New  York
     9  State  Department  of Environmental Conservation Land Surveyor Robert J.
    10  Bradley, PLS, dated August 1, 2014, filed October 9, 2014 in the  Hamil-
    11  ton  County  Clerk's  Office  as Map 2311 and also in the New York State
    12  Department of Environmental Conservation office in Albany, NY as Map No.
    13  12,319.
    14    § 6. This act shall take effect immediately.