Authorizes the village of Phoenix to alienate and sell parklands at fair market value to the Phoenix Central School District with the understanding that such village shall dedicate an amount equal to or greater than the fair market value of such parklands being alienated to the acquisition of new parklands and/or improvements to existing parklands.
STATE OF NEW YORK
________________________________________________________________________
10030--B
IN ASSEMBLY
March 7, 2018
___________
Introduced by M. of A. BARCLAY -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT authorizing the village of Phoenix to alienate and convey park-
lands to the Phoenix Central School District
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 Phoe-
2 nix, located in the town of Schroeppel, county of Oswego, 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 alienate the lands more particularly described in section three of this
6 act, and to sell and convey such parklands at fair market value to the
7 Phoenix Central School District, county of Oswego, for the purposes of
8 extending the nearby school campus, sports and recreational facilities.
9 § 2. The authorization provided in section one of this act shall be
10 effective only upon the condition that the village of Phoenix, dedicates
11 an amount equal to or greater than the fair market value of such park-
12 lands being discontinued towards the acquisition of new parklands and/or
13 capital improvements to existing park and recreational facilities.
14 § 3. The lands to be discontinued as parklands are more fully
15 described as follows:
16 ALL THAT TRACT OR PARCEL OF LAND, situate in the Village of Phoenix,
17 in the County of Oswego and State of New York and being more particular-
18 ly bounded and described as follows:
19 BEGINNING at a point on the northwesterly line of Park Street at its
20 intersection with the division line between the lands now or formerly of
21 the Phoenix Central School District on the west and the lands now or
22 formerly of the Village of Phoenix as described in Book 524 of Deeds at
23 Page 191 on the east, said point being North 57 deg. 30 min. 00 sec.
24 East along said northwesterly line of Park Street, a distance of 389.25
25 feet from its intersection with northeasterly line of Main Street;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13771-13-8
A. 10030--B 2
1 thence along the said division line between the Phoenix Central School
2 District and Village of Phoenix, the following four (4) courses and
3 distances: 1.) North 34 deg. 48 min. 00 sec. West a distance of 177.07
4 feet to a point; thence 2.) North 14 deg. 55 min. 21 sec. West a
5 distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min. 21
6 sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
7 min. 00 sec. East a distance of 1093.29 feet to a point on the division
8 line between the said lands of the Village of Phoenix on the west and
9 the lands now or formerly of New York Central Lines, LLC as described in
10 Book 1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
11 00 sec. East along said division line, a distance of 140.08 feet to a
12 point on the division line between the said lands of the Village of
13 Phoenix on the west and the lands now or formerly of Rodney & Diane
14 Thomas as described in Deed Instrument No. R2011-007044 on the east;
15 thence South 06 deg. 11 min. 00 sec. East along said division line, a
16 distance of 427.38 feet to a point on the division line between the said
17 lands of the Village of Phoenix on the north and the said lands of
18 Thomas, the lands now or formerly of D & L Realty of CNY, LLC as
19 described in Deed Instrument No. R2008-000126 on the east and the lands
20 now or formerly of Carl P. Richardson, Jr. as described in Deed Instru-
21 ment No. R2015-008266, in part by each, on the south; thence South 56
22 deg. 31 min. 03 sec. West along said division line, a distance of 686.44
23 feet to a point; thence through the said lands of the Village of Phoe-
24 nix, the following two (2) courses and distances: 1.) North 32 deg. 30
25 min. 00 sec. West a distance of 46.77 feet to a point; and 2.) South 57
26 deg. 30 min. 00 sec. West a distance of 188.78 feet to the Point of
27 Beginning. Containing 11.765 acres of land, more or less.
28 The above described parcel being the a portion of the lands conveyed
29 to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
30 § 4. In the event that the village of Phoenix received any funding
31 support or assistance from the federal government for the purchase,
32 maintenance or improvement of the parklands set forth in section three
33 of this act, the discontinuance and alienation of such parkland author-
34 ized by the provisions of this act shall not occur until the village of
35 Phoenix has complied with any federal requirements pertaining to the
36 alienation or conversion of such parklands, including satisfying the
37 secretary of the interior that the alienation or conversion complies
38 with all conditions which the secretary of the interior deems necessary
39 to assure the substitution of other lands shall be equivalent in fair
40 market value and usefulness to the lands being alienated or converted.
41 § 5. This act shall take effect immediately.
