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S08033 Summary:

S08033 Actions:

S08033 Committee Votes:

S08033 Floor Votes:

S08033 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8033--B
 
                    IN SENATE
 
                                     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 -- 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:
 
     1    Section 1. Subject to the provisions  of  this  act,  the  village  of
     2  Herkimer,  in  the  town  of Herkimer, county of Herkimer, acting by and
     3  through its governing body and upon such terms and conditions as  deter-
     4  mined by such body, is hereby authorized to discontinue as parklands and
     5  to  alienate  the  lands  described  in section three of this act to the
     6  Herkimer Central School District for the  purpose  of  expanding  educa-
     7  tional, school related extracurricular facilities.
     8    §  2.  The  authorization provided in section one of this act shall be
     9  effective only upon the  condition  that  the  Herkimer  Central  School
    10  District  convey  to  the  village  of  Herkimer and that the village of
    11  Herkimer acquire and dedicate the lands described  in  section  four  of
    12  this  act  as parklands, provided that the village of Herkimer has never
    13  used such lands for public open space or park purposes.
    14    § 3. The parklands authorized by section one of this act to be  alien-
    15  ated are more particularly described as follows:
    16  Parcel 1
    17    ALL  THAT  CERTAIN  PIECE OR PARCEL OF LAND situate lying and being in
    18  the village of Herkimer, County of  Herkimer  and  state  of  New  York,
    19  bounded  and described as follows: Beginning at an iron pipe monument in
    20  the northerly line of Park Avenue, 300.05 feet distant westerly from the
    21  intersection of the northerly line of said Park Avenue and the  westerly
    22  line of Frederick Street, said pipe also being the south-westerly corner
    23  of a parcel of land owned by the village of Herkimer and known as Harmon
    24  Field. Thence south 76 degrees 5 minutes west along the extension of the
    25  northerly  line  of  said Park Avenue 125 feet to an iron pipe monument.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15672-06-0
        S. 8033--B                          2
 
     1  Thence north 12 degrees 38 minutes west 339.2 feet to  a  point  in  the
     2  center  line of Bellinger Brook, so-called. Thence in an easterly direc-
     3  tion along center line of aforesaid Brook about 130 feet to  the  north-
     4  westerly  corner of the aforesaid lands owned by the village of Herkimer
     5  and known as Harmon Field. Thence south 12 degrees 38 minutes east along
     6  the westerly line of the said lands owned by  the  village  of  Herkimer
     7  368.22 feet to the place of beginning, containing one acre of land.
     8  Parcel 2
     9    ALL  THAT  CERTAIN  PIECE  OR PARCEL OF LAND situate in the village of
    10  Herkimer, Herkimer County, New York, bounded and described  as  follows:
    11  Beginning  at the intersection of the north line of Park Avenue where it
    12  intersects the west line of Frederick Street in the village of Herkimer,
    13  NY; Thence running westerly along the north line of Park Avenue and  its
    14  westerly projection, which is also the southerly line of Harmon Field, a
    15  distance of 425.05 feet to the easterly line of property of the Herkimer
    16  Central  School  District,  which  is  also  the southwesterly corner of
    17  Harmon Field, the point or place of beginning; Thence continuing wester-
    18  ly along the projection of the north line of  Park  Avenue  through  the
    19  lands  of  the Herkimer Central School District on a bearing of South 39
    20  Degrees 05' 50" West a distance of 180.11 feet to a point which is 180.0
    21  feet westerly of the west line of Harmon Field when  measured  at  right
    22  angles  thereto; Thence running northerly along a line which is parallel
    23  to and 180.0 feet westerly of the west line  of  Harmon  Field  along  a
    24  bearing  of  North 49 Degrees 37' 10" West a distance of 300.0 feet to a
    25  point; Thence running northeasterly on a bearing of North 26 Degrees 52'
    26  10" East a distance of 185.19 feet to the northwesterly corner of Harmon
    27  Field; Thence running southerly along the line  which  is  the  westerly
    28  boundary  of  Harmon  Field and the easterly boundary of the property of
    29  the Herkimer Central School  District,  along  a  bearing  of  South  49
    30  Degrees  37'  10" East a distance of 339.2 feet to the point or place of
    31  beginning. Total parcel size contains 5.32 acres.
    32    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    33  described  in  section  three  of  this act, the Herkimer Central School
    34  District shall convey to the village of  Herkimer  and  the  village  of
    35  Herkimer  shall acquire and dedicate as parklands such land described as
    36  follows:
    37    Parcel 1
    38    ALL THAT CERTAIN PIECE OF PARCEL OF LAND situate  in  the  village  of
    39  Herkimer,  county  of Herkimer, and State of New York, designated upon a
    40  map made by E.T.T. Lansing,  Civil  Engineer  and  Surveyor,  of  Little
    41  Falls, N.Y., for the parties of the first part, known as Lots. Nos. 101,
    42  102,  103,  104,  and  105 which comprise a tract of land situate on the
    43  north side of East German Street  of  the  Village  of  Herkimer,  N.Y.,
    44  bounded  as  follows: on the north side by lots number 123, 124 owned by
    45  parties of the first part; on the east by land of  the  parties  of  the
    46  first part included in land for a proposed street, as designated on said
    47  map;  on  the  south  by  East German Street, and on the west by Steuben
    48  Street. Said tract of land is about 220 feet on the north side; 110 feet
    49  on the east side, about 225 feet on its south side fronting East  German
    50  Street,  and about 150 feet on its west died on Steuben Street. Contain-
    51  ing approximately 5.2 acres.
    52    Parcel 2
    53    ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate  in  the  village  of
    54  Herkimer,  county  of  Herkimer,  and  State  of  New  York, bounded and
    55  described as follows: Beginning at a point in the easterly line of Steu-
    56  ben Road which is the northwesterly corner line  of  the  lands  of  the
        S. 8033--B                          3
 
     1  party  of  the  second  part, thence running northerly along the line of
     2  Steuben, a distance of 175 feet to the southwest corner of the lands  of
     3  Robert  Earl, thence Easterly along the division line of lands of Robert
     4  Earl  and  Lorellia  C.  Potter  to Frances Street, a distance of 216.15
     5  feet; thence Southerly along Frances Street a distance of 171.5 feet  to
     6  the northeasterly corner of the lands of the party of the second part as
     7  surveyed  and  plotted  on a map made by H.C. Weller, Civil Engineer and
     8  Surveyor now residing at Eagle Bay, N.Y. for Ralph D. Earl of the  first
     9  part,  dated  October  17,  1913, on file in the Herkimer County Clerk's
    10  Office to which map or the record thereof reference is made for  a  more
    11  particular description. Containing approximately 5.4 acres more or less.
    12    § 5. In the event that the fair market value of the lands described in
    13  section  four of this act to be dedicated as parklands by the village of
    14  Herkimer pursuant to this act are not equal to or greater than the  fair
    15  market  value  of  the parklands to be alienated as described in section
    16  three of this act, the village of Herkimer shall dedicate the difference
    17  of the fair market value of the lands to be alienated and the  lands  to
    18  be  dedicated for the acquisition of additional parklands and/or capital
    19  improvements to existing park and recreational facilities.
    20    § 6. In the event that the village of Herkimer  received  any  funding
    21  support  or  assistance  from  the  federal government for the purchase,
    22  maintenance or improvement of the parklands set forth in  section  three
    23  of  this act, the discontinuance and alienation of such parkland author-
    24  ized by the provisions of this act shall not occur until the village  of
    25  Herkimer  has  complied  with any federal requirements pertaining to the
    26  alienation or conversion of parklands, including satisfying  the  secre-
    27  tary of the interior that the alienation or conversion complies with all
    28  conditions which the secretary of the interior deems necessary to assure
    29  the substitution of other lands shall be equivalent in fair market value
    30  and usefulness to the lands being alienated or converted.
    31    § 7. This act shall take effect immediately.