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S07557 Summary:

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S07557 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7557
 
                    IN SENATE
 
                                       May 9, 2016
                                       ___________
 
        Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT authorizing the town of Walton  in  the  county  of  Delaware  to
          alienate  certain parcels of land used as parkland to Bruce Taylor and
          to acquire other parcels of land to replace such 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 Walton, in the county of Delaware, acting by
     2  and through its town board, is hereby authorized to discontinue the  use
     3  of certain parklands, described in section four of this act, and to sell
     4  and  convey,  in  fee  simple, such parklands for fair market value upon
     5  such terms and conditions to Bruce Taylor as may be  determined  by  the
     6  town board of such town.
     7    §  2.  The  authorization  granted pursuant to section one of this act
     8  shall only be effective upon the condition  that  the  town  of  Walton,
     9  acquire  the  lands  described in section three of this act and dedicate
    10  such lands for parkland purposes.
    11    § 3. The lands to be acquired by the town of Walton, in the county  of
    12  Delaware as parkland pursuant to section two of this act are bounded and
    13  described as follows:
    14    All  that parcel of land situate in the Town of Walton, Delaware Coun-
    15  ty, New York shown as Lot 1 on map entitled  "Survey  of  Land  Exchange
    16  between  the Town of Walton and Bruce Taylor" dated April 28, 2016; said
    17  parcel being more particularly described as follows:
    18    BEGINNING at a point in the centerline of  Murphy  Hill  Road  at  its
    19  intersection with the division line between the lands now or formerly of
    20  the  Town  of Walton (ref.   Liber 210 page 650; Liber 224 page 107, and
    21  Liber 254 page 685) and lands now or  formerly  of  Bruce  Taylor  (ref.
    22  Liber 1340 page 62).
    23    THENCE northerly along said centerline the following three (3) courses
    24  and distances;
    25    1) North 01°04'14" West, 44.60 feet to a point of curvature

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15219-02-6
        S. 7557                             2
 
     1    2)  Along  the  arc  of  a  tangent clockwise curve having a radius of
     2  519.30 feet for a length of 59.66 feet to  a  point  of  tangency;  said
     3  curve's chord is North 02°15'04" East, 59.63 feet;
     4    3) North 05°32'33" East, 74.37 feet to a point;
     5    THENCE the following three (3) courses and distances through the lands
     6  now or formerly of said Bruce Taylor;
     7    1) Southeasterly South 38°14'19" East, 123.90 feet to a point
     8    2) Southerly South 11°38'03" East, 1202.37 feet to a point;
     9    3) Westerly South 78°22'08" West, 100.00 feet to its intersection with
    10  the  division  line  between  the  lands now or formerly of said Town of
    11  Walton and said Bruce Taylor;
    12    THENCE northerly  along  said  division  line  North  11°37'51"  West,
    13  1140.37 feet to the point of BEGINNING, being 2.86 acres of land more or
    14  less
    15    Subject  to: Utility easements of record; the rights of the public and
    16  highway rights and easements  in  and  to  that  portion  of  the  above
    17  described parcel lying within the bounds of Murphy Hill Road, Town High-
    18  way.
    19    §  4.  The  lands  to  be  discontinued  as parkland and alienated and
    20  conveyed to Bruce Taylor pursuant to section one of this act are bounded
    21  and described as follows:
    22    All that parcel of land situate in the Town of Walton, Delaware  Coun-
    23  ty,  New  York  show  as  Lot 2 on map entitled "Survey of Land Exchange
    24  between the Town of Walton and Bruce Taylor" dated April 28, 2016;  said
    25  parcel being more particularly described as follows:
    26    BEGINNING at a point on the division line between lands now or former-
    27  ly  of  the  Town of Walton (ref. Liber 210 page 650; Liber 224 page 107
    28  and Liber 254 page 685) on the West and  lands  now  formerly  of  Bruce
    29  Taylor  (ref.  Liber  1340  page 62) on the East; said point being South
    30  11°37'51" East, 1140.37 feet measured along said division line from  its
    31  intersection  with  the centerline of Murphy Hill Road; said point being
    32  marked by a 1/2 inch iron pipe found in place.
    33    THENCE southerly along the division line between said Town  of  Walton
    34  on  the  West  and the lands now or formerly of said Bruce Taylor on the
    35  east South 28°15'21" East, 706.86 feet  to  its  intersection  with  the
    36  division  line  between the lands now or formerly of Logs Unlimited, LLC
    37  (ref. Liber 1000 page 344) on the South and the lands now or formerly of
    38  said Town of Walton on the North; said point being marked by a 5/8  inch
    39  rebar with cap marked "Sheret" found in place;
    40    Thence westerly along said division line the following two (2) courses
    41  and distances:
    42    1) South 73°08'11" West, 150.4 feet to a point;
    43    2)  South 78°58'44" West, 121.82 feet to a point marked by 1 5/8 rebar
    44  with cap marked "Sheret" found in place;
    45    THENCE northerly along the division line  between  the  lands  now  or
    46  formerly of Frederick Tordella (ref. Liber 747 page 842) on the West and
    47  the  lands  now  or  formerly  of  said Town of Walton on the East North
    48  13°13'35" West, 687.54 feet to a point;
    49    THENCE easterly through the lands now or  formerly  of  said  Town  of
    50  Walton North 76°46'25" West, 88.54 feet to the point of BEGINNING; being
    51  2.86 acres of land more or less.
    52    §  5.  In  the event that the parklands to be dedicated by the town of
    53  Walton pursuant to this act are not equal to or greater  than  the  fair
    54  market  value  of  the parkland to be acquired, the town of Walton shall
    55  dedicate the difference of the fair market value  of  the  lands  to  be
    56  alienated  and  the  lands  to be dedicated for the acquisition of addi-
        S. 7557                             3
 
     1  tional parklands and/or for capital improvements to  existing  park  and
     2  recreational facilities.
     3    § 6. In the event that the town of Walton received any funding support
     4  or  assistance from the federal government for the purchase, maintenance
     5  or improvement of the parklands set forth in section four of  this  act,
     6  the   discontinuance  and  conveyance  of  parkland  authorized  by  the
     7  provisions of this act shall not occur until  the  town  of  Walton  has
     8  complied  with  any federal requirements pertaining to the alienation or
     9  conversion of parklands, including satisfying the secretary of the inte-
    10  rior that the alienation or  conversion  complies  with  all  conditions
    11  which  the  secretary  of  the  interior  deems  necessary to assure the
    12  substitution of other lands shall be equivalent in fair market value and
    13  recreational usefulness to the lands being alienated or converted.
    14    § 7. This act shall take effect immediately.