Bill Text: NY A10030 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the village of Phoenix to alienate and sell parklands at fair market value to the Phoenix Central School District with the understanding that such village shall dedicate an amount equal to or greater than the fair market value of such parklands being alienated to the acquisition of new parklands and/or improvements to existing parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - substituted by s7166c [A10030 Detail]

Download: New_York-2017-A10030-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10030--A
                   IN ASSEMBLY
                                      March 7, 2018
                                       ___________
        Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
          tee on  Local  Governments  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        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 county of Oswego, is hereby authorized, acting by
     3  and through its village board and upon  such  terms  and  conditions  as
     4  determined  by  such board, to discontinue as parklands and alienate the
     5  lands more particularly described in section three of this act,  and  to
     6  enter  into  a contract to sell and convey such parklands at fair market
     7  value and upon such other terms and  conditions  as  determined  by  the
     8  governing  body of the village of Phoenix in the county of Oswego to the
     9  Phoenix Central School District, county of Oswego.
    10    § 2. The authorization provided in section one of this  act  shall  be
    11  effective  only  upon  the condition that the village of Phoenix, in the
    12  county of Oswego dedicate an amount equal to or greater  than  the  fair
    13  market  value  of such parklands being alienated pursuant to section one
    14  of this act to the acquisition of new parklands and/or  improvements  to
    15  existing parklands.
    16    §  3.  The  lands  to  be  discontinued  as  parklands  are more fully
    17  described as follows:
    18    ALL THAT TRACT OR PARCEL OF LAND, situate in the Village  of  Phoenix,
    19  in the County of Oswego and State of New York and being more particular-
    20  ly bounded and described as follows:
    21    BEGINNING  at  a point on the northwesterly line of Park Street at its
    22  intersection with the division line between the lands now or formerly of
    23  the Phoenix Central School District on the west and  the  lands  now  or
    24  formerly  of the Village of Phoenix as described in Book 524 of Deeds at
    25  Page 191 on the east, said point being North 57 deg.  30  min.  00  sec.
    26  East  along said northwesterly line of Park Street, a distance of 389.25
    27  feet from its intersection  with  northeasterly  line  of  Main  Street;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13771-07-8
        A. 10030--A                         2
     1  thence  along  the said division line between the Phoenix Central School
     2  District and Village of Phoenix, the  following  four  (4)  courses  and
     3  distances:  1.)  North 34 deg. 48 min. 00 sec. West a distance of 177.07
     4  feet  to  a  point;  thence  2.)  North  14  deg. 55 min. 21 sec. West a
     5  distance of 178.61 feet to a point; thence 3.) North 54 deg. 05 min.  21
     6  sec. West a distance of 150.00 feet to a point; and 4.) North 57 deg. 30
     7  min.  00 sec. East a distance of 1093.29 feet to a point on the division
     8  line between the said lands of the Village of Phoenix on  the  west  and
     9  the lands now or formerly of New York Central Lines, LLC as described in
    10  Book  1487 of Deeds at Page 37 on the east; thence South 24 deg. 09 min.
    11  00 sec.  East along said division line, a distance of 140.08 feet  to  a
    12  point  on  the  division  line  between the said lands of the Village of
    13  Phoenix on the west and the lands now or  formerly  of  Rodney  &  Diane
    14  Thomas  as  described  in Deed Instrument No.  R2011-007044 on the east;
    15  thence South 06 deg. 11 min. 00 sec. East along said  division  line,  a
    16  distance of 427.38 feet to a point on the division line between the said
    17  lands  of  the  Village  of  Phoenix  on the north and the said lands of
    18  Thomas, the lands now or formerly of  D  &  L  Realty  of  CNY,  LLC  as
    19  described  in Deed Instrument No. R2008-000126 on the east and the lands
    20  now or formerly of Carl P. Richardson, Jr. as described in Deed  Instru-
    21  ment  No.  R2015-008266,  in part by each, on the south; thence South 56
    22  deg. 31 min. 03 sec. West along said division line, a distance of 686.44
    23  feet to a point; thence through the said lands of the Village  of  Phoe-
    24  nix,  the following two (2) courses and distances: 1.) North 32 deg.  30
    25  min. 00 sec. West a distance of 46.77 feet to a point; and 2.)  South 57
    26  deg. 30 min. 00 sec. West a distance of 188.78  feet  to  the  Point  of
    27  Beginning. Containing 11.765 acres of land, more or less.
    28    The  above  described parcel being the a portion of the lands conveyed
    29  to the Village of Phoenix as described in Book 524 of Deeds at Page 191.
    30    § 4.  In the event that the village of Phoenix  received  any  funding
    31  support  or  assistance  from  the  federal government for the purchase,
    32  maintenance or improvement of the parklands set forth in  section  three
    33  of this act, the discontinuance of parkland authorized by the provisions
    34  of  this  act  shall not occur until the village of Phoenix has complied
    35  with any federal requirements pertaining to the alienation or conversion
    36  of such parklands, including satisfying the secretary  of  the  interior
    37  that the alienation or conversion complies with all conditions which the
    38  secretary  of the interior deems necessary to assure the substitution of
    39  other lands shall be equivalent in fair market  value  and  recreational
    40  usefulness to the lands being alienated or converted.
    41    § 5. This act shall take effect immediately.