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A08370 Summary:

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A08370 Floor Votes:

A08370 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8370
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2009
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to authorize the Union-Endicott central school district,  in  the
          county of Broome, to discontinue the use of certain lands as parklands
 
          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  Union-Endicott
     2  central  school district, in the county of Broome, is hereby authorized,
     3  acting by and through its board of education and  upon  such  terms  and
     4  conditions  as  determined  by such board, to discontinue the use of the
     5  school district owned parkland more particularly  described  in  section
     6  three  of  this  act which is no longer needed for park purposes, and to
     7  utilize said parklands for school district purposes.
     8    § 2.  The authorization contained in section one  of  this  act  shall
     9  take  effect  only  upon  the  condition that the Union-Endicott central
    10  school district dedicate additional parklands of equal or  greater  fair
    11  market value than the value of the property being alienated by this act.

    12    §  3. The lands authorized by section one of this act to be discontin-
    13  ued as parklands are as follows:
    14    ALL THAT TRACT OR PARCEL OF LAND situate in the Village  of  Endicott,
    15  County of Broome, State of New York, bounded and described as follows:
    16    BEGINNING  at a 5/8 inch rebar with plastic yellow cap tagged "Paul B.
    17  Koerts, L.S.No. 49580" set (hereafter referred to as  pin  set)  at  the
    18  northeasterly corner of lands owned by Danny R. Planavsky as recorded in
    19  the  Broome  County  Clerk's Office in Liber 1747 of deeds, at page 698,
    20  being the following three courses from a point at  the  intersection  of
    21  the  southerly  street boundary of Hannah Street and the easterly street
    22  boundary of Loder Avenue at the northwesterly corner of lands  owned  by
    23  the Union Endicott Central School District;
    24    1)  S  2 46'53"E along said easterly street boundary of Loder Avenue a

    25  distance of 311.48 feet, to an angle point;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10194-04-9
        A. 8370                             2
 
     1    2) S 0 17'55"W along said easterly street boundary of Loder  Avenue  a
     2  distance  of 195.97 feet, to a number 6 rebar found at the northwesterly
     3  corner of lands owned by said Planavsky;
     4    3)  S  89 09'02"E  along the northerly boundary of lands owned by said
     5  Planavsky a distance of 319.84 feet, to said point of beginning.
     6    THENCE N 89 09'02"W along said northerly boundary of  lands  owned  by
     7  Planavsky a distance of 23.43 feet to point;
     8    THENCE  through  the  lands owned by the Union Endicott Central School

     9  District the following fifteen courses:
    10    1) N 12 01'47" E a distance of 168.20 feet, to a point of curvature;
    11    2) Along a tangent curve to the right with a radius of 26.00 feet,  an
    12  arc  distance of 34.09 feet, subtended by a chord bearing N 49 35'13" E,
    13  a distance of 31.70 feet, to a point of tangency;
    14    3) N 87 08'38" E a distance of 77.99 feet, to a point of curvature;
    15    4) Along a tangent curve to the left with a radius of 53.00  feet,  an
    16  arc  distance of 76.35 feet, subtended by a chord bearing N 45 52'27" E,
    17  a distance of 69.92 feet, to a point of tangency;
    18    5) N 4 36'15" E a distance of 23.79 feet, to a point of curvature;
    19    6) Along a tangent curve to the right with a radius of 32.00 feet,  an
    20  arc  distance of 35.09 feet, subtended by a chord bearing N 36 01'07" E,
    21  a distance of 33.36 feet, to a point of tangency;

    22    7) N 67 20'00" E a distance of 58.70 feet, to an angle point;
    23    8) S 59 05'28" W a distance of 7.46 feet, to a point of curvature;
    24    9) Along a tangent curve to the left with a radius of 49.00  feet,  an
    25  arc  distance of 52.17 feet, subtended by a chord bearing S 27 43'47" W,
    26  a distance of 49.74 feet, to a point of tangency;
    27    10) S 2 46'13" E a distance of 3.84 feet, to a point of curvature;
    28    11) Along a tangent curve to the right with a radius of  116.00  feet,
    29  an  arc  distance of 37.97 feet, subtended by a chord bearing S 6 36'23"
    30  W, a distance of 37.80 feet, to a point of tangency;
    31    12) S 15 59'00" W a distance of 114.70 feet, to a point of curvature;
    32    13) Along a tangent curve to the right with a radius of 70.00 feet, an
    33  arc distance of 57.70 feet, subtended by a chord bearing S 39 35'45"  W,
    34  a distance of 56.08 feet, to a point;

    35    14) S 29 09'00"E a distance of 43.46 feet, to an angle point;
    36    15) S 11 53'40"W a distance of 130.67 feet to a point in the northerly
    37  boundary  of  lands  owned  by  Bemsley L. & Judith I Hottenstein (Liber
    38  1837, page 91);
    39    THENCE N 78 04'36" W along said northerly boundary of lands  owned  by
    40  said Hottenstein a distance of 132.72 feet, to a pin set in the easterly
    41  boundary of lands owned by the State of New York Office of Mental Retar-
    42  dation (Liber 1066, page 577);
    43    THENCE N 2 23'39" W along said easterly boundary of lands owned by the
    44  State  of New York Office of Mental Retardation and continuing along the
    45  easterly boundary of lands owned by said Danny R. Planavsky (Liber 1747,
    46  page 698), respectively, a distance of  70.00  feet,  to  the  point  of
    47  beginning.
    48    CONTAINING  1.126  acres  (49,031  square feet) of land as surveyed by

    49  Paul B. Koerts Professional Land  Surveyor  on  February  13,  2009  and
    50  revised  on April 27, 2009. All bearings are referenced to true north at
    51  76 35' meridian of west longitude (NAD 1983).
    52    § 4. The property to be dedicated for park and  recreational  purposes
    53  pursuant  to  section  two  of  this  act is more particularly bound and
    54  described as follows:
    55    ALL THAT TRACT OR PARCEL OF LAND situate in the Village  of  Endicott,
    56  County of Broome, State of New York, bounded and described as follows:
        A. 8370                             3
 
     1    BEGINNING  at a 5/8 inch rebar with plastic yellow cap tagged "Paul B.
     2  Koerts, L.S. No. 49580" set (hereafter referred to as pin  set)  at  the
     3  southeasterly  corner,  at  the  southerly end of the street boundary of
     4  Andrews Avenue, at the southwesterly corner of lands owned by  Roland  &

     5  Lori  Teed as recorded in the Broome County Clerk's Office in Liber 2151
     6  of deeds, at page 97, and at the northwesterly corner of premises herein
     7  described;
     8    THENCE N 87 11'45"E along the southerly boundary  of  lands  owned  by
     9  said  Teed  a  distance of 95.00 feet, to a pin set at the northwesterly
    10  corner of lands owned by Anthony J. Scarano (Liber 1909, page 333);
    11    THENCE S 2 48'15"E along the westerly boundary of lands owned by  said
    12  Scarano  a  distance of 261.99 feet, to a 5/8 inch iron pin found at the
    13  southwesterly corner of lands owned by said Scarano;
    14    THENCE through lands  owned  by  the  Union  Endicott  Central  School
    15  District the following four courses:
    16    1) S 87 11'45" W a distance of 128.00 feet, to a point;
    17    2) N 2 48'15" W a distance of 194.60 feet, to a point;
    18    3)  Northeasterly  along a non-tangent curve to the left with a radius

    19  of 85.00 feet, an arc distance of 51.77 feet, subtended by a chord bear-
    20  ing N 28 58'50" E, a distance of 50.97 feet, to a point of tangency;
    21    4) N 11 32'00" E a distance of 24.84 feet, to the point of beginning.
    22    CONTAINING 0.737 acres (32099 square feet) of land as surveyed by Paul
    23  B. Koerts Professional Land Surveyor on February 13, 2009. All  bearings
    24  are  referenced  to true north at 76 35' meridian of west longitude (NAD
    25  1983).
    26    § 5. In the event that the parklands to be dedicated by the  Union-En-
    27  dicott  central school district pursuant to this act are not equal to or
    28  greater than the fair market value of the parklands to be  discontinued,
    29  the Union-Endicott central school district shall dedicate the difference
    30  of  the  fair market value of the lands to be alienated and the lands to
    31  be dedicated for the acquisition  of  additional  parklands  and/or  for

    32  capital improvements to existing park and recreational facilities.
    33    §  6.  The discontinuance of parklands authorized by the provisions of
    34  this act  shall  not  occur  until  the  Union-Endicott  central  school
    35  district  has  complied  with any federal requirements pertaining to the
    36  alienation or conversion of parklands, including satisfying  the  secre-
    37  tary of the interior that the alienation or conversion complies with all
    38  conditions which the secretary of the interior deems necessary to assure
    39  the substitution of other lands shall be equivalent in fair market value
    40  and recreational usefulness to the land being alienated or converted.
    41    § 7. This act shall take effect immediately.