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S06890 Summary:

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S06890 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6890
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 20, 2021
                                       ___________
 
        Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
 
        AN ACT authorizing the conveyance of real property at the State  Univer-
          sity of New York College at Delhi
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature finds that the  State
     2  University  of  New  York,  Agricultural  and Technical College at Delhi
     3  ("University") is in need of additional facilities to fulfill its legis-
     4  latively mandated  mission  of  providing  educational  experiences  and
     5  applied  learning  opportunities  to  its  students.  Specifically,  the
     6  College Foundation  at  Delhi,  Inc.    ("Foundation")  has  offered  to
     7  construct,  maintain  and  operate  a  hotel to support the University's
     8  hospitality management program on a site that is  currently  state-owned
     9  land. To effectuate this development, the Foundation would exchange four
    10  parcels  of  land to be put to future academic purposes with a parcel of
    11  state-owned land located in the Town of Delhi.
    12    The legislature further finds that granting the trustees of the  State
    13  University  of  New York the authority and power to exchange the subject
    14  land will ensure such activity will promote the continued investment  in
    15  tourism and economic development in the surrounding community.
    16    § 2. Notwithstanding any other provision of law, the state of New York
    17  is authorized to convey to the College Foundation at Delhi, Inc. all its
    18  rights, title and interest in the real property and improvements thereon
    19  described  as  Parcel  A  in section three of this act, now owned by the
    20  state of New York and under the jurisdiction of the State University  of
    21  New York College at Delhi, in exchange for the conveyance by the College
    22  Foundation  at  Delhi, Inc. to the state of New York, for the benefit of
    23  the State University of New York College at Delhi, of  all  its  rights,
    24  title  and  interest  in  the  real  property  and  improvements thereon
    25  described as Parcels B-1, B-2, B-3, and B-4 in section four of this act,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11601-01-1
        S. 6890                             2
 
     1  owned by the College Foundation at Delhi,  Inc.,  upon  such  terms  and
     2  conditions  as  the  parties  shall agree. The conveyances authorized by
     3  this act may be made upon such terms and conditions as the state of  New
     4  York and the College Foundation at Delhi, Inc. may agree.
     5    §  3.  The property authorized by this act to be conveyed by the State
     6  University of New York at Delhi to the College Foundation at Delhi, Inc.
     7  is generally described as that parcel of real property with improvements
     8  thereon consisting of a total of approximately 7.28 acres owned  by  the
     9  State  University  of New York at Delhi. The description in this section
    10  of the parcel to be made available pursuant to this act is not meant  to
    11  be a legal description, but is intended only to identify the parcel:
    12    ALL  that  certain  plot,  piece or parcel of land situate, lying, and
    13  being in the Village of Delhi, County of Delaware and State of New York,
    14  being bounded and described as follows:
    15    PARCEL A
    16    BEGINNING at a point on at the northwesterly corner  of  Appropriation
    17  Map 11.
    18    RUNNING  THENCE  South 68 degrees 30 minutes 40 seconds East along the
    19  northerly bounds of Appropriation Map 11 a distance of 82.00 feet  to  a
    20  point;
    21    THENCE North 89 degrees 50 minutes 50 seconds East along the northerly
    22  bounds of Appropriation Map 12 a distance of 513.92 feet to a point;
    23    THENCE  South 22 degrees 30 minutes 20 seconds West along the easterly
    24  bounds of Appropriation Map 12 a distance of 701.78 feet to a point;
    25    THENCE North 68 degrees 30 minutes 40 seconds West along the southerly
    26  bounds of Appropriation Map 12 a distance of 475.01 feet to a point;
    27    THENCE continuing North 68 degrees 30  minutes  40  seconds  West  and
    28  being  along  the southerly bounds of Appropriation Map 11 a distance of
    29  33.00 feet to a point;
    30    THENCE North 20 degrees 15 minutes 40 seconds East along the  westerly
    31  bounds of Appropriation Map 11 a distance of 190.92 feet to a point;
    32    THENCE North 68 degrees 30 minutes 40 seconds West along the southerly
    33  bounds of Appropriation Map 11 a distance of 27.00 feet to a point;
    34    THENCE  northerly  on a curve to the left having a delta of 13 degrees
    35  21 minutes 59 seconds, a  radius  of  1366.67'  and  an  arc  length  of
    36  318.83', to THE POINT OR PLACE OF BEGINNING.
    37    Containing: 7.280 acres of land.
    38    §  4.  The property to be conveyed by the College Foundation at Delhi,
    39  Inc. to the State University of New York at Delhi is generally described
    40  as those parcels of real property with improvements  thereon  consisting
    41  of  a  total  of  approximately  238.66  acres.  The description in this
    42  section of the parcels to be made available pursuant to this act is  not
    43  meant  to  be  a legal description, but is intended only to identify the
    44  parcels:
    45    Parcel B-1
    46    ALL that certain plot, piece or parcel  of  land  situate,  lying  and
    47  being  in  the  Town of Delhi, County of Delaware and State of New York,
    48  bounded and described as follows:
    49    BEGINNING at a point on the northerly side of New York State Route 10,
    50  said point being the most  southerly  corner  of  the  herein  described
    51  parcel  of  land, thence continuing along the lands of Sherwood Mountain
    52  Farm Irrevocable Trust (DB 1380 PG 122) the following nine  (9)  courses
    53  and distances:
    54    North  15 degrees 38 minutes 58 seconds West a distance of 267.42 feet
    55  to a set 5/8" rebar tagged "JHA INC";
        S. 6890                             3
 
     1    North 03 degrees 36 minutes 02 seconds East a distance of 197.50  feet
     2  to a set 5/8" rebar tagged "JHA INC";
     3    North  01 degrees 38 minutes 58 seconds West a distance of 186.90 feet
     4  to a set 5/8" rebar tagged "JHA INC";
     5    North 18 degrees 46 minutes 02 seconds East a distance of 125.10  feet
     6  to a set 5/8" rebar tagged "JHA INC";
     7    North  87 degrees 43 minutes 58 seconds West a distance of 556.10 feet
     8  to a 1/2" rebar in a 3/4" pipe;
     9    North 11 degrees 28 minutes 58 seconds West a distance of 688.16  feet
    10  to a 1/2" rebar;
    11    South  68 degrees 12 minutes 27 seconds West a distance of 359.11 feet
    12  to a 1/2" rebar;
    13    North 46 degrees 35 minutes 17 seconds West a distance of 999.10  feet
    14  to a 3/4" pipe;
    15    THENCE  continuing  along  the  lands of Sherwood Mountain Farm Irrev-
    16  ocable Trust (DB 1380 PG 122) and Fort Delhi Realty Associates  LLC  (DB
    17  1032 PG 164) the following two (2) courses and distances:
    18    South  58 degrees 04 minutes 53 seconds West a distance of 894.60 feet
    19  to a 1/2" rebar in a 3/4" pipe;
    20    North 31 degrees 56 minutes 46 seconds West a distance of 1087.19 feet
    21  partially along a stone wall to a 1/2" rebar;
    22    THENCE along lands of Barry Lee Allen (DB 706 PG  623)  the  following
    23  two (2) courses and distances:
    24    North 54 degrees 42 minutes 37 seconds East a distance of 2038.31 feet
    25  to a 1" pipe;
    26    North 35 degrees 04 minutes 46 seconds West a distance of 1344.59 feet
    27  to a set 5/8" rebar tagged "JHA INC";
    28    THENCE  along  lands  of  Seth  J. and Erin F. Haight (DB 1281 PG 227)
    29  North 54 degrees 51 minutes 16 seconds East following  a  stone  wall  a
    30  distance of 1105.64 feet to a set 5/8" rebar tagged "JHA INC";
    31    THENCE along lands of Kathleen and Gary A. Leahy (DB 650 PG 431) South
    32  35 degrees 52 minutes 50 seconds East a distance of 1235.24 feet follow-
    33  ing a stone wall to 1/2" rebar tagged "LEO";
    34    THENCE along the lands of Scott Michael Dreyfus (DB 1543 PG 283) South
    35  22 degrees 46 minutes 58 seconds East a distance of 20.92 feet following
    36  a stone wall to 1/2" rebar with a cap;
    37    THENCE  along lands of The People of the State of New York the follow-
    38  ing seven (7) courses and distances:
    39    South 35 degrees 24 minutes 35 seconds East a distance of 352.99  feet
    40  following a stone wall to a 1 1/2" pipe;
    41    South  44 degrees 51 minutes 34 seconds West a distance of 480.05 feet
    42  following a stone wall to a 1" pipe; South  36  degrees  08  minutes  33
    43  seconds  East  a  distance  of 1811.71 feet to a rebar tagged "CT Male";
    44  South 08 degrees 25 minutes 52 seconds West a distance of 176.48 feet to
    45  a rebar tagged "CT Male";
    46    South 53 degrees 48 minutes 08 seconds West a distance of 353.83  feet
    47  to a rebar tagged "CT Male";
    48    South 24 degrees 21 minutes 44 seconds East a distance of 1044.00 feet
    49  to a 3/4" rebar;
    50    South  35 degrees 12 minutes 15 seconds East a distance of 366.50 feet
    51  to a rebar tagged "CT Male";
    52    THENCE along the northerly side of New York State Route  10  South  45
    53  degrees 09 minutes 33 seconds West a distance of 369.56 feet to a point;
    54    THENCE  leaving  said  road and along lands of Jeffrey E. and Brian P.
    55  Hoyt (DB 1542 PG 219) the following two (2) courses and distances:
        S. 6890                             4
 
     1    North 42 degrees 41 minutes 19 seconds West a distance of 176.15  feet
     2  to a 1" pipe;
     3    South  48 degrees 26 minutes 03 seconds West a distance of 140.42 feet
     4  to a 5/8" rebar;
     5    THENCE along lands of Michelle A. Stemper (DB 1624 PG  243)  South  48
     6  degrees  11  minutes 12 seconds West a distance of 164.09 feet to a 3/4"
     7  pipe;
     8    THENCE along lands of John M. Sandman and Barbara E. Jones (DB 1348 PG
     9  23) the following two (2) courses and distances:
    10    South 20 degrees 10 minutes 55 seconds West a distance of 112.70  feet
    11  to a set 5/8" rebar tagged "JHA INC";
    12    South  26 degrees 09 minutes 05 seconds East a distance of 125.70 feet
    13  to a point on the north side of State Route 10;
    14    THENCE along the northerly side of New York State Route  10  South  49
    15  degrees  20  minutes  33  seconds  West a distance of 116.63 feet to THE
    16  POINT OR PLACE OF BEGINNING.
    17    Containing 180.19 Acres of land. Being Parcel A shown on map  entitled
    18  "Boundary  Line  Adjustment for College Foundation at Delhi, INC" by JHA
    19  Companies dated January 21, 2021.
    20    Parcel B-2
    21    ALL that certain plot, piece or parcel  of  land  situate,  lying  and
    22  being  in  the  Town of Delhi, County of Delaware and State of New York,
    23  bounded and described as follows:
    24    BEGINNING at a point on the northerly side of Arbor  Hill  Road,  said
    25  point  being the westerly corner of the lands herein described, and also
    26  being in line of lands now or formerly belonging to NYS Ag  &  Tech  (DB
    27  452  PG 813), thence along the northerly side of said road the following
    28  four (4) courses and distances:
    29    North 74 degrees 44 minutes 09 seconds East a distance of  67.59  feet
    30  to a point;
    31    North  70 degrees 45 minutes 08 seconds East a distance of 151.42 feet
    32  to a point;
    33    North 58 degrees 15 minutes 07 seconds East a distance of 121.46  feet
    34  to a point;
    35    North  31 degrees 47 minutes 09 seconds East a distance of 208.50 feet
    36  to a set 5/8" rebar tagged "JHA-INC";
    37    THENCE leaving the northerly line of Arbor Hill  Road  and  continuing
    38  through the lands now or formerly belonging to the College Foundation at
    39  Delhi,  Inc.  (DB  779  PG  43)  the  following  three  (3)  courses and
    40  distances:
    41    South 58 degrees 12 minutes 51 seconds East a distance of 149.25  feet
    42  to a set 5/8" rebar tagged "JHA-INC";
    43    South  31 degrees 58 minutes 11 seconds West a distance of 195.03 feet
    44  to a set 5/8" rebar tagged "JHA-INC";
    45    South 65 degrees 28 minutes 13 seconds East a distance of 350.27  feet
    46  to  a  found  rebar,  said  point being in line of lands now or formerly
    47  belonging to The State University of New York (DB 1074 PG 29);
    48    THENCE continuing along the lands of the State University of New  York
    49  (DB  1074 PG 29), South 38 degrees 59 minutes 14 seconds West a distance
    50  of 236.44 feet to a found rebar, said point being the northern corner of
    51  lands now or formerly belonging to City of New York (DB 1527 PG 314);
    52    THENCE along the lands of the City of New York (DB 1527  PG  314)  the
    53  following four (4) courses and distances:
    54    South  38 degrees 57 minutes 17 seconds West a distance of 175.90 feet
    55  to a found 1/2" rebar;
        S. 6890                             5
 
     1    South 48 degrees 04 minutes 50 seconds West a distance of  89.32  feet
     2  to a found 1/2" rebar;
     3    South  80 degrees 28 minutes 33 seconds West a distance of 131.15 feet
     4  to a found 5/8" rebar tagged "THEW";
     5    South 67 degrees 12 minutes 17 seconds West a distance of 160.04  feet
     6  to a found 5/8" rebar tagged "THEW";
     7    THENCE  along lands now or formerly of the County of Delaware (DB 1518
     8  PG 25) the following three (3) courses and distances;
     9    North 16 degrees 13 minutes 12 seconds West a distance of  37.00  feet
    10  to a found 1/2" rebar;
    11    North  34 degrees 57 minutes 47 seconds East a distance of 165.12 feet
    12  to a found 5/8" rebar tagged "THEW";
    13    North 35 degrees 40 minutes 48 seconds West a distance of 394.96  feet
    14  to a found capped rebar;
    15    THENCE crossing Arbor Hill Road North 15 degrees 36 minutes 39 seconds
    16  West a distance of 54.94 feet to THE POINT OR PLACE OF BEGINNING.
    17    Containing 6.86 acres.
    18    Parcel B-3
    19    ALL that certain lot, piece or parcel of land situate, lying and being
    20  in  the Town of Delhi, County of Delaware and State of New York, bounded
    21  and described as follows:
    22    BEGINNING at a stone monument marking the highway boundary of New York
    23  State Route 28, said point being the northeasterly corner of  the  lands
    24  herein  described,  thence  along  the lands now or formerly of Helen L.
    25  Bramley Family Trust (DB 1242 PG 83) South  14  degrees  33  minutes  37
    26  seconds  West  passing  through  a  set 5/8" rebar tagged "JHA INC" at a
    27  distance of 686.72', and a total distance of 751.72 feet to a  point  in
    28  the  Little  Delaware  River.  Said  point being the northeast corner of
    29  lands now or formerly belonging to College Foundation at Delhi Inc.  (DB
    30  779 PG 43);
    31    THENCE continuing along the lands now or formerly of the College Foun-
    32  dation  at Delhi Inc.  (DB 779 PG 43) generally along or near the Little
    33  Delaware River the following twelve (12) bearings and distances:
    34    North 80 degrees 24 minutes 55 seconds West a distance of 233.01  feet
    35  to a point;
    36    South  86 degrees 27 minutes 28 seconds West a distance of 105.35 feet
    37  to a point;
    38    North 81 degrees 55 minutes 06 seconds West a distance of 516.14  feet
    39  to a point;
    40    North  89 degrees 51 minutes 25 seconds West a distance of 277.24 feet
    41  to a point;
    42    South 83 degrees 16 minutes 25 seconds West a distance of 384.98  feet
    43  to a point;
    44    North  33 degrees 17 minutes 30 seconds West a distance of 102.77 feet
    45  to a point;
    46    North 41 degrees 43 minutes 45 seconds West a distance of 140.64  feet
    47  to a point;
    48    North  57 degrees 48 minutes 23 seconds West a distance of 228.64 feet
    49  to a point;
    50    North 74 degrees 42 minutes 36 seconds West a distance of 132.19  feet
    51  to a point;
    52    North  55 degrees 28 minutes 13 seconds West a distance of 108.40 feet
    53  to a point;
    54    North 48 degrees 29 minutes 38 seconds West a distance of 316.67  feet
    55  to a set 5/8" rebar tagged "JHA INC";
        S. 6890                             6
 
     1    Leaving  the  Little  Delaware  River,  North 01 degrees 03 minutes 18
     2  seconds East a distance of 293.11 feet to a found capped  rebar  on  the
     3  highway boundary of New York State Route 28.
     4    THENCE  continuing  along the highway boundary of New York State Route
     5  28 the following thirteen (13) courses and distances:
     6    North 78 degrees 32 minutes 37 seconds East a distance of  75.70  feet
     7  to a set 5/8" rebar tagged "JHA INC";
     8    South  89 degrees 02 minutes 10 seconds East a distance of 385.27 feet
     9  to a found stone monument;
    10    South 58 degrees 31 minutes 15 seconds East a distance of 105.91  feet
    11  to a set 5/8" rebar tagged "JHA INC";
    12    South  80 degrees 51 minutes 28 seconds East a distance of 311.37 feet
    13  to a set 5/8" rebar tagged "JHA INC";
    14    North 61 degrees 18 minutes 20 seconds East a distance of 106.66  feet
    15  to a found stone monument;
    16    South  85 degrees 48 minutes 49 seconds East a distance of 319.81 feet
    17  to a found capped rebar;
    18    South 00 degrees 31 minutes 14 seconds East a distance of 114.26  feet
    19  to a found capped rebar;
    20    South  57  degrees 13 minutes 59 seconds East a distance of 61.74 feet
    21  to a set 5/8" rebar tagged "JHA INC";
    22    South 84 degrees 20 minutes 19 seconds East a distance of 125.47  feet
    23  to a found 1/2" rebar;
    24    North  18 degrees 45 minutes 27 seconds East a distance of 137.95 feet
    25  to a found capped rebar;
    26    South 64 degrees 07 minutes 31 seconds East a distance of  94.10  feet
    27  to a set 5/8" rebar tagged "JHA INC";
    28    South  83 degrees 03 minutes 15 seconds East a distance of 818.41 feet
    29  to a set 5/8" rebar tagged "JHA INC";
    30    South 85 degrees 55 minutes 36 seconds East a distance of  97.89  feet
    31  to THE POINT OR PLACE OF BEGINNING.
    32    Containing 38.20 Acres.
    33    Parcel B-4
    34    ALL  that  certain  lot,  piece  or parcel of land situate, lying, and
    35  being in the Town of Delhi,  Delaware  County,  New  York,  bounded  and
    36  described as follows:
    37    BEGINNING  at  a  point  on the division line between the lands now or
    38  formerly of Joseph Moscato and Melody A. Moscato and Kenneth  Scott  and
    39  Carol A. Scott (ref. Liber 685 page 781) reputed owners on the southeast
    40  and  the lands being described on the northwest at its intersection with
    41  the division line between the lands now or formerly of Robert B. Cornell
    42  and Charlotte Cornell (ref. Liber 1278 page 328), reputed owners on  the
    43  South,  and  the  lands  being  described on the North; said point being
    44  North 61 degrees 06 minutes 43 seconds West, 332.23 feet measured  along
    45  the  division  line  between the lands now or formerly of said Robert B.
    46  Cornell and Charlotte Cornell, reputed owners  on  the  South,  and  the
    47  lands  now  or formerly of said Joseph Moscato and Melody A. Moscato and
    48  Kenneth Scott and Carol A. Scott, reputed owners on the  North,  from  a
    49  1/2 inch iron rod found in place;
    50    THENCE  westerly  along  the  division  line  between the lands now or
    51  formerly of said Robert B.    Cornell  and  Charlotte  Cornell,  reputed
    52  owners  on  the South, and the lands being described on the North, North
    53  61 degrees 06 minutes 43 seconds West, 300.84  feet  to  a  point;  said
    54  point  being  South  61  degrees 06 minutes 43 seconds East, 333.50 feet
    55  from a 1 inch iron pipe found in place;
        S. 6890                             7
 
     1    THENCE northerly along the division line  between  the  lands  now  or
     2  formerly  of  Joseph  John Maggi and Mary Ann Maggi (ref. Liber 528 page
     3  925), reputed owners on the West, and the lands being described  on  the
     4  East crossing Arbor Hill Road and thence along the division line between
     5  the  lands  now  or  formerly of James Bright (ref. Liber 684 page 120),
     6  reputed owner on the West, and the lands being  described  on  the  East
     7  North 28 degrees 22 minutes 36 seconds East, 2,123.48 feet to a point at
     8  the top of the southerly bank of the West Branch of the Delaware River;
     9    THENCE  easterly  along  the  top of said bank the following eight (8)
    10  courses and distances:
    11    North 84 degrees 40 minutes 09 seconds East, 52.64 feet to a point;
    12    North 88 degrees 35 minutes 35 seconds East, 73.14 feet to a point;
    13    South 81 degrees 19 minutes 53 seconds East, 34.06 feet to a point;
    14    South 74 degrees 08 minutes 12 seconds East, 37.61 feet to a point;
    15    South 85 degrees 29 minutes 37 seconds East, 36.27 feet to a point;
    16    South 82 degrees 44 minutes 48 seconds East, 39.94 feet to a point;
    17    North 89 degrees 11 minutes 51 seconds East, 45.12 feet to a point;
    18    North 83 degrees 41 minutes 52 seconds East, 18.19 feet to a point;
    19    THENCE southerly along the division line  between  the  lands  now  or
    20  formerly  of said Joseph Moscato and Melody A. Moscato and Kenneth Scott
    21  and Carol A. Scott, reputed owners on the  East,  and  the  lands  being
    22  described  on  the West passing over Arbor Hill Road South 28 degrees 22
    23  minutes 36 seconds West, 2,272.77 feet TO THE POINT OF BEGINNING;
    24    Containing 15.20 acres of land. Subject to: Public  Utility  easements
    25  of  record; the rights of the public and highway rights and easements in
    26  and to that portion of the  above  described  parcel  lying  within  the
    27  bounds of Arbor Hill Road, Town Highway.
    28    § 5. This act shall take effect immediately.