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S04688 Summary:

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S04688 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4688--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      April 7, 2015
                                       ___________
 
        Introduced  by  Sen. BONACIC -- 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
 
        AN ACT authorizing the town of Fallsburg, county of Sullivan to alienate
          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.  The town of Fallsburg, in the county of Sullivan, is here-
     2  by  authorized to discontinue use of certain parklands more particularly
     3  described in section three of this act and sell and convey in fee simple
     4  for its fair market value and upon such terms and conditions  as  deter-
     5  mined by the town board to SYDA Foundation such lands which are no long-
     6  er useful for parkland recreation purposes.
     7    § 2. The authorization contained in section one of this act shall take
     8  effect  only  upon  the condition that the town of Fallsburg dedicate an
     9  amount equal to or greater than the fair market value  of  the  property
    10  being alienated in section three of this act toward acquisition of addi-
    11  tional parkland and/or capital improvements to existing parkland.
    12    §  3.  The  lands  to  be  discontinued as parklands and alienated and
    13  conveyed pursuant to section one of this act are bounded  and  described
    14  as follows:
    15  Parcel One:
    16  ALL that tract or parcel of land situate in the Town of Fallsburg, Coun-
    17  ty  of  Sullivan  and State of New York, intended to be a portion of the
    18  premises as described in a deed from Samuel Carmel and Max Cohen to Town
    19  of Fallsburg, dated July 18,  1958,  recorded  in  the  Sullivan  County
    20  Clerk's Office in Deed Liber 571 at Page 13, being the 0.810 Acre Parcel
    21  as designated on a map entitled "Survey Map of a Lot Improvement Involv-
    22  ing  Lands  of  Town of Fallsburg & SYDA Foundation", last  revised July
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06022-08-5
        S. 4688--A                          2
 
     1  28, 2014, proposed to be filed in the Sullivan  County  Clerk's  Office,
     2  more particularly bound and described as follows:
     3    BEGINNING  at a point in the approximate center of Purvis Brook on the
     4  assumed southwesterly bounds of Seldon Road (County Road No.  52),  also
     5  known  as  Brickman  Road,  said  point  being at a northwesterly corner
     6  (after highway taking) of said lands of Town of Fallsburgh and the  most
     7  easterly  corner of a certain parcel of land now of SYDA Foundation (see
     8  Deed Liber 921 at Page 6), formerly known as Siddha  Yoga  Dham  of  New
     9  York,  Inc.,  and  running thence from said point of beginning along the
    10  approximate center of the main channel of Purvis  Brook,  running  along
    11  the  common  line  separating  lands described in said Deed Liber 571 at
    12  Page 13 and lands described in said  Deed  Liber  921  at  Page  6,  the
    13  following twenty-one courses and distances:
    14    (1) South 25 degrees 06 minutes 41 seconds West 106.31 feet,
    15    (2) South 33 degrees 42 minutes 38 seconds West 60.56 feet,
    16    (3) South 45 degrees 36 minutes 12 seconds West 33.23 feet,
    17    (4) South 60 degrees 43 minutes 16 seconds West 62.68 feet,
    18    (5) South 42 degrees 45 minutes 37 seconds West 202.33 feet,
    19    (6) South 51 degrees 44 minutes 11 seconds West 29.17 feet,
    20    (7) South 46 degrees 20 minutes 48 seconds West 53.71 feet,
    21    (8) South 28 degrees 40 minutes 09 seconds West 34.28 feet,
    22    (9) South 59 degrees 35 minutes 27 seconds West 24.76 feet,
    23    (10) South 86 degrees 27 minutes 29 seconds West 19.43 feet,
    24    (11) North 64 degrees 40 minutes 33 seconds West 39.04 feet,
    25    (12) North 61 degrees 12 minutes 09 seconds West 55.02 feet,
    26    (13) South 55 degrees 05 minutes 43 seconds West 20.62 feet,
    27    (14) South 30 degrees 37 minutes 48 seconds West 50.48 feet,
    28    (15) South 41 degrees 28 minutes 18 seconds West 28.95 feet,
    29    (16) South 35 degrees 06 minutes 48 seconds West 47.11 feet,
    30    (17) South 25 degrees 26 minutes 48 seconds West 32.26 feet,
    31    (18) South 40 degrees 32 minutes 38 seconds West 95.01 feet,
    32    (19) South 36 degrees 51 minutes 28 seconds West 50.42 feet,
    33    (20) South 20 degrees 20 minutes 18 seconds West 13.57 feet, and
    34    (21) South 47 degrees 28 minutes 08 seconds West 32.91 feet
    35  to  a point in the approximate center of said Purvis Brook on the common
    36  line separating lands described in said Deed Liber 571 at  Page  13  and
    37  lands described in said Deed Liber 921 at Page 6;
    38  thence  running  through  lands described in said Deed Liber 571 at Page
    39  13, North 63 degrees 06 minutes  58  seconds  East  36.23  feet  to  the
    40  approximate  top  of  the  bank on the southeasterly side of said Purvis
    41  Brook;
    42  thence continuing through lands described in said Deed Liber 571 at Page
    43  13, running along the approximate top of the bank on  the  southeasterly
    44  side of said Purvis Brook, the following four courses and distances:
    45    (1) North 28 degrees 55 minutes 38 seconds East 22.71 feet,
    46    (2) North 38 degrees 56 minutes 28 seconds East 63.16 feet,
    47    (3) North 44 degrees 52 minutes 28 seconds East 66.22 feet, and
    48    (4) North 52 degrees 24 minutes 38 seconds East 61.90 feet;
    49  thence continuing through lands described in said Deed Liber 571 at Page
    50  13, North 49 degrees 30 minutes 28 seconds East 89.06 feet to a point on
    51  a chain link fence;
    52  thence continuing through lands described in said Deed Liber 571 at Page
    53  13,  running along said chain link fence, the following nine courses and
    54  distances:
    55    (1) South 80 degrees 13 minutes 50 seconds East 46.24 feet,
    56    (2) North 71 degrees 51 minutes 21 seconds East 62.10 feet,
        S. 4688--A                          3
 
     1    (3) North 48 degrees 57 minutes 56 seconds East 128.19 feet,
     2    (4) South 86 degrees 48 minutes 23 seconds East 18.42 feet,
     3    (5) North 38 degrees 06 minutes 45 seconds East 43.65 feet,
     4    (6) North 43 degrees 41 minutes 37 seconds East 82.55 feet,
     5    (7) North 40 degrees 07 minutes 25 seconds East 99.40 feet,
     6    (8) North 52 degrees 45 minutes 39 seconds East 69.86 feet, and
     7    (9) North 35 degrees 46 minutes 00 seconds East 166.58 feet
     8  to  a point on said chain link fence on the assumed southwesterly bounds
     9  of said Brickman Road;
    10  thence running along the assumed southwesterly bounds of  said  Brickman
    11  Road, being the southwesterly bounds of Parcel No. 52-26-A as designated
    12  on  R.O.W.  Map No. 52-26-A on file in the Sullivan County Department of
    13  Public Works Office, North 59 degrees 55 minutes 49 seconds  West  53.74
    14  feet to the point of beginning, containing 0.810 acre of land.
    15  Parcel Two:
    16    ALL  that  tract  or  parcel of land situate in the Town of Fallsburg,
    17  County of Sullivan and State of New York, intended to be  a  portion  of
    18  the  premises as described in a deed from Samuel Carmel and Max Cohen to
    19  Town of Fallsburgh, dated July 18, 1958, recorded in the Sullivan County
    20  Clerk's Office in Deed Liber 571 at Page 13, being the 0.811 Acre Parcel
    21  as designated on a map entitled "Survey Map of  a  Lot  and  Improvement
    22  Involving  Lands  of Town of Fallsburgh & SYDA Foundation", last revised
    23  July 28, 2014, proposed to be  filed  in  the  Sullivan  County  Clerk's
    24  Office, more particularly bound and described as follows:
    25    BEGINNING  at  a  point in the approximate center of Smith Brook, also
    26  known as Sheldrake Stream, at a northwesterly corner of  said  lands  of
    27  Town  of  Fallsburgh and the most westerly corner of a certain parcel of
    28  land now of SYDA Foundation (see Deed Liber 921  at  Page  6),  formerly
    29  known as Siddha Yoga Dham of New York, Inc., on the southeasterly bounds
    30  of  the  first  described  parcel  of  land in a deed to SYDA Foundation
    31  recorded in Land Records Liber 3193 at Page 77, said point  being  North
    32  25 degrees 13 minutes 03 seconds East 101.13 feet, as measured along the
    33  southeasterly  bounds  of  said  first  described parcel in Land Records
    34  Liber 3193 at Page 77 and the northwesterly bounds of said lands of Town
    35  of Fallsburgh, from a 3/4-inch diameter iron rod set,  said  point  also
    36  being  South  73  degrees 35 minutes 33 seconds West 1314.63 feet from a
    37  point in the approximate center of Purvis Brook on the assumed southwes-
    38  terly bounds of Seldon Road (County Road No. 52), also known as Brickman
    39  Road, at the point of  beginning  of  the  above  described  0.810  Acre
    40  Parcel,  and  running  thence  from  said  point  of beginning along the
    41  approximate center of the main channel of Smith Brook, running along the
    42  common line separating lands described in said Deed Liber 571 at Page 13
    43  and lands described in said Deed Liber 921  at  Page  6,  the  following
    44  twenty-five courses and distances:
    45    (1) South 59 degrees 42 minutes 52 seconds East 61.12 feet,
    46    (2) South 83 degrees 28 minutes 32 seconds East 11.53 feet,
    47    (3) South 50 degrees 27 minutes 02 seconds East 77.08 feet,
    48    (4) South 45 degrees 41 minutes 02 seconds East 36.28 feet,
    49    (5) South 62 degrees 36 minutes 22 seconds East 25.16 feet,
    50    (6) South 23 degrees 30 minutes 42 seconds East 33.64 feet,
    51    (7) South 12 degrees 59 minutes 38 seconds West 11.11 feet,
    52    (8) South 44 degrees 45 minutes 42 seconds East 42.93 feet,
    53    (9) South 71 degrees 32 minutes 32 seconds East 14.99 feet,
    54    (10) North 68 degrees 04 minutes 18 seconds East 38.19 feet,
    55    (11) North 15 degrees 28 minutes 58 seconds East 10.01 feet,
    56    (12) North 43 degrees 28 minutes 48 seconds East 20.38 feet,
        S. 4688--A                          4
 
     1    (13) North 70 degrees 46 minutes 48 seconds East 38.38 feet,
     2    (14) North 32 degrees 50 minutes 08 seconds East 74.54 feet,
     3    (15) North 79 degrees 46 minutes 08 seconds East 10.82 feet,
     4    (16) South 62 degrees 06 minutes 32 seconds East 18.84 feet,
     5    (17) South 28 degrees 16 minutes 52 seconds East 47.82 feet,
     6    (18) South 01 degrees 06 minutes 28 seconds West 32.63 feet,
     7    (19) South 34 degrees 48 minutes 48 seconds West 57.85 feet,
     8    (20) South 58 degrees 15 minutes 48 seconds West 11.98 feet,
     9    (21) South 28 degrees 33 minutes 08 seconds West 82.49 feet,
    10    (22) South 21 degrees 17 minutes 38 seconds West 25.16 feet,
    11    (23) South 73 degrees 46 minutes 12 seconds East 34.86 feet,
    12    (24) South 19 degrees 30 minutes 12 seconds East 24.38 feet, and
    13    (25) South 04 degrees 41 minutes 32 seconds East 20.98 feet
    14  to  a  point in the approximate center of the main channel of said Smith
    15  Brook on the common line separating lands described  in  the  said  Deed
    16  Liber  571 at Page 13 and lands described in said Deed Liber 921 at Page
    17  6, the last mentioned point being South 77 degrees 33 minutes 57 seconds
    18  West 187.82 feet from a point in the approximate center of Purvis  Brook
    19  at the most southerly corner of the above described 0.810 Acre Parcel;
    20  thence running through lands described in said Deed Liber 571 at Page 13
    21  the following six courses and distances:
    22    (1) North 62 degrees 26 minutes 22 seconds West  6.71 feet,
    23    (2) North 45 degrees 51 minutes 52 seconds West 75.42 feet,
    24    (3) North 47 degrees 15 minutes 32 seconds West 44.46 feet,
    25    (4) North 36 degrees 19 minutes 52 seconds West 70.85 feet,
    26    (5) North 44 degrees 21 minutes 32 seconds West 77.94 feet, and
    27    (6) North 36 degrees 12 minutes 22 seconds West 15.92 feet
    28  to  a  point  in  the approximate center of a secondary channel of Smith
    29  Brook;
    30  thence running along the approximate center of  said  secondary  channel
    31  the following seven courses and distances;
    32    (1) North 74 degrees 14 minutes 22 seconds West 28.19 feet,
    33    (2) North 59 degrees 58 minutes 32 seconds West 49.99 feet,
    34    (3) North 70 degrees 14 minutes 52 seconds West 16.98 feet,
    35    (4) North 54 degrees 54 minutes 52 seconds West 87.46 feet,
    36    (5) North 06 degrees 09 minutes 12 seconds West 35.52 feet,
    37    (6) North 14 degrees 17 minutes 38 seconds East 16.04 feet, and
    38    (7) North 02 degrees 13 minutes 07 seconds West 15.06 feet
    39  to the point of beginning, containing 0.811 acre of land.
    40    §  4.  In  the  event  that the town of Fallsburg received any funding
    41  support or assistance from the  federal  government  for  the  purchase,
    42  maintenance  or  improvement of the parklands set forth in section three
    43  of this act, the discontinuance and conveyance of parkland authorized by
    44  the provisions of this act shall not occur until the town  of  Fallsburg
    45  has  complied with any federal requirements pertaining to the alienation
    46  or conversion of parklands, including satisfying the  secretary  of  the
    47  interior  that the alienation or conversion complies with all conditions
    48  which the secretary of  the  interior  deems  necessary  to  assure  the
    49  substitution of other lands shall be equivalent in fair market value and
    50  recreational usefulness to the lands being alienated or converted.
    51    § 5. This act shall take effect immediately.