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S07166 Summary:

S07166 Actions:

S07166 Committee Votes:

S07166 Floor Votes:

S07166 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7166--C
            Cal. No. 398
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 3, 2018
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading -- again amended and
          ordered  reprinted,  retaining its place in the order of third reading
          -- again amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13771-14-8
        S. 7166--C                          2
 
     1  formerly of the Village of Phoenix as described in Book 524 of Deeds  at
     2  Page  191  on  the  east, said point being North 57 deg. 30 min. 00 sec.
     3  East along said northwesterly line of Park Street, a distance of  389.25
     4  feet  from  its  intersection  with  northeasterly  line of Main Street;
     5  thence along the said division line between the Phoenix  Central  School
     6  District  and  Village  of  Phoenix,  the following four (4) courses and
     7  distances: 1.) North 34 deg. 48 min. 00 sec. West a distance  of  177.07
     8  feet  to  a  point;  thence  2.)  North  14  deg. 55 min. 21 sec. West a
     9  distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min.  21
    10  sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
    11  min.  00 sec. East a distance of 1093.29 feet to a point on the division
    12  line between the said lands of the Village of Phoenix on  the  west  and
    13  the lands now or formerly of New York Central Lines, LLC as described in
    14  Book  1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
    15  00 sec.  East along said division line, a distance of 140.08 feet  to  a
    16  point  on  the  division  line  between the said lands of the Village of
    17  Phoenix on the west and the lands now or  formerly  of  Rodney  &  Diane
    18  Thomas  as  described  in Deed Instrument No.  R2011-007044 on the east;
    19  thence South 06 deg. 11 min. 00 sec. East along said  division  line,  a
    20  distance of 427.38 feet to a point on the division line between the said
    21  lands  of  the  Village  of  Phoenix  on the north and the said lands of
    22  Thomas, the lands now or formerly of  D  &  L  Realty  of  CNY,  LLC  as
    23  described  in Deed Instrument No. R2008-000126 on the east and the lands
    24  now or formerly of Carl P. Richardson, Jr. as described in Deed  Instru-
    25  ment  No.  R2015-008266,  in part by each, on the south; thence South 56
    26  deg. 31 min. 03 sec. West along said division line, a distance of 686.44
    27  feet to a point; thence through the said lands of the Village  of  Phoe-
    28  nix,  the following two (2) courses and distances: 1.) North 32 deg.  30
    29  min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
    30  deg. 30 min. 00 sec. West a distance of 188.78  feet  to  the  Point  of
    31  Beginning. Containing 11.765 acres of land, more or less.
    32    The  above  described parcel being the a portion of the lands conveyed
    33  to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
    34    § 4.  In the event that the village of Phoenix  received  any  funding
    35  support  or  assistance  from  the  federal government for the purchase,
    36  maintenance or improvement of the parklands set forth in  section  three
    37  of  this act, the discontinuance and alienation of such parkland author-
    38  ized by the provisions of this act shall not occur until the village  of
    39  Phoenix  has  complied  with  any federal requirements pertaining to the
    40  alienation or conversion of such  parklands,  including  satisfying  the
    41  secretary  of  the  interior  that the alienation or conversion complies
    42  with all conditions which the secretary of the interior deems  necessary
    43  to  assure  the  substitution of other lands shall be equivalent in fair
    44  market value and usefulness to the lands being alienated or converted.
    45    § 5. This act shall take effect immediately.