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S02458 Summary:

S02458 Actions:

S02458 Committee Votes:

S02458 Floor Votes:

S02458 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2458--A
            Cal. No. 1240
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 25, 2019
                                       ___________
 
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee discharged and said bill committed to the Committee on Rules
          -- reported favorably from said committee, ordered to a third reading,
          passed  by Senate and delivered to the Assembly, recalled, vote recon-
          sidered, restored to third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT authorizing the town of Hancock, county of Delaware, to alienate
          and convey certain parcels of land used 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 town of Hancock,
     2  in  the county of Delaware, acting by and through its governing body and
     3  upon such terms and conditions as determined by  such  body,  is  hereby
     4  authorized  to  discontinue  as  parklands  and  alienate the lands more
     5  particularly described in section three of this act,  and  to  sell  and
     6  convey  such  lands  at fair market value, provided such lands are main-
     7  tained for the continued operation of a public golf course.
     8    § 2. The authorization contained in section one of this act shall take
     9  effect only upon the condition that the town of Hancock  shall  dedicate
    10  an  amount  equal  to or greater than the fair market value of the park-
    11  lands being discontinued towards the acquisition of new parklands and/or
    12  towards capital improvements  to  existing  parklands  and  recreational
    13  facilities.
    14    §  3.  The  lands  referred to in section one of this act are located,
    15  bounded and described as follows:
    16    ALL THAT TRACT OR PARCEL OF LAND situate in  the  Village  &  Town  of
    17  Hancock,  County  of  Delaware, State of New York, being in a portion of
    18  Lot 1 & Lot 3 of Division 9, Great Lot 35  of  the  Hardenburgh  Patent,
    19  more particularly bounded and described as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04588-05-9
        S. 2458--A                          2
 
     1    BEGINNING  at a point in the Village of Hancock at the intersection of
     2  the centerline Sands Creek Road and the a northerly highway boundary  of
     3  Golf  Course  Road,  being S 7°26'08"E a distance of 601.32 feet, from a
     4  point at the centerline intersection of Bear Brook Road and  said  Sands
     5  Creek Road;
     6    THENCE northerly along said centerline of Sands Creek Road the follow-
     7  ing two courses:
     8    N 1°37'29" W a distance of 216.17 feet, to an angle point;
     9    N 0°34'03" W a distance of 47.86 feet, to a point at the southwesterly
    10  corner of lands owned by Mark A. Macfetrich, Noreen A. Wessels, Renee A.
    11  Bosket  & Noel A.  Macfetrich as recorded in the Delaware County Clerk's
    12  Office in Liber 964 of deeds, at page 88;
    13    THENCE along the lands owned by said  Macfetrich,  Wessels,  Bosket  &
    14  Macfetrich  the following five courses N 37°44'13" E a distance of 39.93
    15  feet, to a 5/8 inch rebar  with  plastic  yellow  cap  tagged  "Paul  B.
    16  Koerts,  L.S.No.  49580"  set  (hereafter referred to as pin set) in the
    17  easterly highway boundary of said Sands Creek Road, THENCE continuing  N
    18  37°44'13" E a distance of 187.93 feet, to a pin set;
    19    N 0°34'03" W a distance of 95.23 feet, to a pin set;
    20    Along a tangent curve to the left with a radius of 460.00 feet, an arc
    21  distance  of  214.22 feet, subtended by a chord bearing N 13°54'32" W, a
    22  distance of 212.29 feet, to a point of tangency;
    23    Along a tangent curve to the left with a radius of 230.00 feet, an arc
    24  distance of 8.85 feet, subtended by a chord  bearing  N  28°21'07"  W  a
    25  distance of 8.85 feet, to a pin set in the southeasterly highway bounda-
    26  ry of Bear Brook Road,
    27    Along a tangent curve to the left with a radius of 230.00 feet, an arc
    28  distance  of  27.70  feet,  subtended by a chord bearing N 32°54'15" W a
    29  distance of 27.69 feet, to a point in said centerline of said Bear Brook
    30  Road;
    31    THENCE northeasterly along said centerline  of  Bear  Brook  Road  the
    32  following four courses totaling 207.67 feet:
    33    Along  a  tangent  curve to the right with a radius of 265.00 feet, an
    34  arc distance of 47.28 feet, subtended by a chord bearing N 36°41'48"  E,
    35  a distance of 47.22 feet, to a point of tangency;
    36    N 41°48'30" E a distance of 64.95 feet, to a point of curvature;
    37    Along a tangent curve to the left with a radius of 400.00 feet, an arc
    38  distance  of  91.02  feet, subtended by a chord bearing N 35°17'21" E, a
    39  distance of 90.83 feet, to a point of reverse curvature;
    40    Along a tangent curve to the right with a radius of  242.00  feet,  an
    41  arc distance of 4.42 feet, subtended by a chord bearing N 29°17'35" E, a
    42  distance of 4.42 feet, to a point in the centerline of Bear Brook, being
    43  also  a southwesterly corner of lands owned by Charles H. Buckley (Liber
    44  660, page 284);
    45    THENCE northeasterly along said centerline of Bear  Brook,  being  the
    46  boundary between the Village of Hancock on the southeast and the Town of
    47  Hancock  on the northwest, and the southeasterly boundary lands owned by
    48  said Buckley, as it winds and turns a distance of 668 feet more or  less
    49  to a point;
    50    THENCE  continuing along the lands owned by said Buckley the following
    51  three courses:
    52    S 68°10'48" E along the boundary between the Village of Hancock on the
    53  south and the Town of Hancock on the north a distance of 56  feet,  more
    54  or  less  to  a  pin set, being N 54°51'55" E a distance of 670.97 feet,
    55  from said point at intersection of the centerline of Bear Brook Road and
        S. 2458--A                          3
 
     1  Bear Brook, THENCE continuing S 68°10'48" E a distance of  460.00  feet,
     2  to a pin set;
     3    N  22°23'43"  E  crossing into the Town of Hancock a distance of 19.34
     4  feet, to a twin maple tree;
     5    N 41°08'23" E a distance of 360.00 feet, to a pin set  at  the  south-
     6  easterly corner of lands owned by Han Cel, Inc. (Liber 771, page 293);
     7    THENCE  N  41°05'33"  E  along the easterly boundary of lands owned by
     8  said Han Cel, Inc. a distance of 445.50 feet, to a 5/8 inch rebar tagged
     9  "Shields" found in the southerly boundary of lands  owned  by  Reservoir
    10  Hill, LLC (Liber 979, page 170);
    11    THENCE  S  70°03'51" E along said southerly boundary of lands owned by
    12  Reservoir Hill, LLC a distance of 463.57 feet,  to  a  pin  set  in  the
    13  westerly  boundary of lands owned by James B.  Durfee, Andrew W. Durfee,
    14  Kathryn L. D'Amanda & Douglas R. Durfee;
    15    THENCE along the lands owned by said Durfee, Durfee, D'Amanda & Durfee
    16  the following five courses:
    17    S 21°51'49" W a distance of 434.84 feet, to a pin set;
    18    S 68°10'44" E a distance of 944.39 feet, to a pin set;
    19    N 23°17'11" E a distance of 162.60 feet, to a pin set;
    20    N 82°25'20" E a distance of 709.60 feet, to a pin set;
    21    S 3°49'49" W a distance of 553.57 feet to a triangular concrete  monu-
    22  ment  found, thence continuing S 2°49'49" W crossing into the Village of
    23  Hancock a distance of 106.14 feet to a 5/8 inch rebar tagged  "Keystone"
    24  found at the northwesterly corner of lands owned by Charles H.  Buckley,
    25  Alice  Ann Buckley & Eric Buckley (Liber 1204, page 88), thence continu-
    26  ing S 3°49'49" W along said westerly boundary of lands owned by Buckley,
    27  Buckley & Buckley a distance of 243.59 feet, to  a  triangular  concrete
    28  monument  found  in  the  northerly highway boundary of said Golf Course
    29  Road, for a total course distance of 903.30 feet;
    30    THENCE N 89°37'29" W along said northerly  highway  boundary  of  Golf
    31  Course Road a distance of 153.42 feet, to a triangular concrete monument
    32  found at a easterly corner of lands owned by Joseph A. & Bonnie Iozzi;
    33    THENCE N 82°45'49" W a distance of 474.88 feet, to a pin set;
    34    THENCE  S  84°14'19"  W  a  distance of 132.93 feet, to a pin set at a
    35  northeasterly corner of lands owned by Alexander & Sigrid  Conte  (Liber
    36  761, page 313);
    37    THENCE along the lands owned by said Conte the following two courses:
    38    S 76°36'14" W a distance of 238.22 feet, a pin set;
    39    S 23°21'53" W a distance of 377.90 feet, to a pin set in said norther-
    40  ly highway boundary of Golf Course Road;
    41    THENCE  westerly  along said northerly highway boundary of Golf Course
    42  Road the following eight courses, totaling 1724.45 feet:
    43    S 75°06'09" W a distance of 351.00 feet, to a pin set;
    44    N 74°11'46" W a distance of 456.00 feet, to a pin set;
    45    N 46°17'15" W a distance of 76.54 feet, to a triangular concrete monu-
    46  ment found;
    47    N 82°18'09" W a distance of 329.61  feet,  to  a  triangular  concrete
    48  monument found;
    49    S 54°09'05" W a distance of 62.23 feet, to a triangular concrete monu-
    50  ment found;
    51    Along  a  curve  to  the  left  with  a radius of 1697.95 feet, an arc
    52  distance of 245.79 feet, subtended by a chord bearing N 84°43'43"  W,  a
    53  distance of 245.57 feet, to a pin set;
    54    S  22°18'51"  W  a  distance  of 150.30 feet, to a triangular concrete
    55  monument found;
        S. 2458--A                          4
 
     1    S 73°04'39" W a distance of 52.98 feet, to a triangular concrete monu-
     2  ment found at a easterly corner of lands owned by New York  State  Elec-
     3  tric & Gas Corporation (Liber 439, page 66);
     4    THENCE  along  the  northerly boundary of lands owned by said New York
     5  State Electric & Gas Corporation the following two courses:
     6    N 62°35'44" W a distance of 26.98 feet, to a  1  1/2  inch  iron  pipe
     7  found;
     8    N  73°35'31" W a distance of 461.57 feet, to a pin set in the easterly
     9  boundary of other lands owned by said New York  Electric  &  Gas  Corpo-
    10  ration (Liber 436, page 249);
    11    THENCE  along  the  lands owned by said New York Electric & Gas Corpo-
    12  ration the following four courses:
    13    N 30°32'14" E a distance of 495.35 feet, to an iron pipe found;
    14    N 59°45'17" W a distance of 460.93 feet, to a to an iron pipe found;
    15    S 15°24'49" W a distance of 380.43 feet, to a pin set;
    16    S 7°14'34" W a distance of 249.53 feet, to a triangular concrete monu-
    17  ment found in said northerly highway boundary of Golf Course Road;
    18    THENCE along said northerly highway boundary of Golf Course  Road  the
    19  following two courses:
    20    S 87°26'58" W a distance of 87.04 feet, to a triangular concrete monu-
    21  ment found in the easterly highway boundary of said Sands Creek Road;
    22    S 87°26'58" W a distance of 24.75 feet, to the point of beginning.
    23    CONTAINING  92.99  acres of land as surveyed by Paul B. Koerts Profes-
    24  sional Land Surveyor on September 16, 2008, revised April 14,  2009  and
    25  revised  May  19,  2011  as shown on map no.   12485-1. All bearings are
    26  referenced to true north at 76°35' meridian of west longitude.
    27    § 4. In the event that  the  town  of  Hancock  received  any  funding
    28  support  or  assistance  from  the  federal government for the purchase,
    29  maintenance or improvement of the parklands set forth in  section  three
    30  of this act, the discontinuance of parkland authorized by the provisions
    31  of  this act shall not occur until the town of Hancock has complied with
    32  any federal requirements pertaining to the alienation or  conversion  of
    33  such  parklands, including satisfying the secretary of the interior that
    34  the alienation or conversion complies  with  all  conditions  which  the
    35  secretary  of the interior deems necessary to assure the substitution of
    36  other lands shall be equivalent in fair market  value  and  recreational
    37  usefulness to the lands being alienated or converted.
    38    § 5. This act shall take effect immediately.