Bill Text: NY S02458 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes the town of Hancock, county of Delaware, to alienate and convey certain parcels of land used as parklands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-11-20 - SIGNED CHAP.511 [S02458 Detail]
Download: New_York-2019-S02458-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2458--A Cal. No. 1240 2019-2020 Regular Sessions IN SENATE January 25, 2019 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT authorizing the town of Hancock, county of Delaware, to alienate and convey certain parcels of land used as parklands 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 town of Hancock, 2 in the county of Delaware, acting by and through its governing body and 3 upon such terms and conditions as determined by such body, is hereby 4 authorized to discontinue as parklands and alienate the lands more 5 particularly described in section three of this act, and to sell and 6 convey such lands at fair market value, provided such lands are main- 7 tained for the continued operation of a public golf course. 8 § 2. The authorization contained in section one of this act shall take 9 effect only upon the condition that the town of Hancock shall dedicate 10 an amount equal to or greater than the fair market value of the park- 11 lands being discontinued towards the acquisition of new parklands and/or 12 towards capital improvements to existing parklands and recreational 13 facilities. 14 § 3. The lands referred to in section one of this act are located, 15 bounded and described as follows: 16 ALL THAT TRACT OR PARCEL OF LAND situate in the Village & Town of 17 Hancock, County of Delaware, State of New York, being in a portion of 18 Lot 1 & Lot 3 of Division 9, Great Lot 35 of the Hardenburgh Patent, 19 more particularly bounded and described as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04588-05-9S. 2458--A 2 1 BEGINNING at a point in the Village of Hancock at the intersection of 2 the centerline Sands Creek Road and the a northerly highway boundary of 3 Golf Course Road, being S 7°26'08"E a distance of 601.32 feet, from a 4 point at the centerline intersection of Bear Brook Road and said Sands 5 Creek Road; 6 THENCE northerly along said centerline of Sands Creek Road the follow- 7 ing two courses: 8 N 1°37'29" W a distance of 216.17 feet, to an angle point; 9 N 0°34'03" W a distance of 47.86 feet, to a point at the southwesterly 10 corner of lands owned by Mark A. Macfetrich, Noreen A. Wessels, Renee A. 11 Bosket & Noel A. Macfetrich as recorded in the Delaware County Clerk's 12 Office in Liber 964 of deeds, at page 88; 13 THENCE along the lands owned by said Macfetrich, Wessels, Bosket & 14 Macfetrich the following five courses N 37°44'13" E a distance of 39.93 15 feet, to a 5/8 inch rebar with plastic yellow cap tagged "Paul B. 16 Koerts, L.S.No. 49580" set (hereafter referred to as pin set) in the 17 easterly highway boundary of said Sands Creek Road, THENCE continuing N 18 37°44'13" E a distance of 187.93 feet, to a pin set; 19 N 0°34'03" W a distance of 95.23 feet, to a pin set; 20 Along a tangent curve to the left with a radius of 460.00 feet, an arc 21 distance of 214.22 feet, subtended by a chord bearing N 13°54'32" W, a 22 distance of 212.29 feet, to a point of tangency; 23 Along a tangent curve to the left with a radius of 230.00 feet, an arc 24 distance of 8.85 feet, subtended by a chord bearing N 28°21'07" W a 25 distance of 8.85 feet, to a pin set in the southeasterly highway bounda- 26 ry of Bear Brook Road, 27 Along a tangent curve to the left with a radius of 230.00 feet, an arc 28 distance of 27.70 feet, subtended by a chord bearing N 32°54'15" W a 29 distance of 27.69 feet, to a point in said centerline of said Bear Brook 30 Road; 31 THENCE northeasterly along said centerline of Bear Brook Road the 32 following four courses totaling 207.67 feet: 33 Along a tangent curve to the right with a radius of 265.00 feet, an 34 arc distance of 47.28 feet, subtended by a chord bearing N 36°41'48" E, 35 a distance of 47.22 feet, to a point of tangency; 36 N 41°48'30" E a distance of 64.95 feet, to a point of curvature; 37 Along a tangent curve to the left with a radius of 400.00 feet, an arc 38 distance of 91.02 feet, subtended by a chord bearing N 35°17'21" E, a 39 distance of 90.83 feet, to a point of reverse curvature; 40 Along a tangent curve to the right with a radius of 242.00 feet, an 41 arc distance of 4.42 feet, subtended by a chord bearing N 29°17'35" E, a 42 distance of 4.42 feet, to a point in the centerline of Bear Brook, being 43 also a southwesterly corner of lands owned by Charles H. Buckley (Liber 44 660, page 284); 45 THENCE northeasterly along said centerline of Bear Brook, being the 46 boundary between the Village of Hancock on the southeast and the Town of 47 Hancock on the northwest, and the southeasterly boundary lands owned by 48 said Buckley, as it winds and turns a distance of 668 feet more or less 49 to a point; 50 THENCE continuing along the lands owned by said Buckley the following 51 three courses: 52 S 68°10'48" E along the boundary between the Village of Hancock on the 53 south and the Town of Hancock on the north a distance of 56 feet, more 54 or less to a pin set, being N 54°51'55" E a distance of 670.97 feet, 55 from said point at intersection of the centerline of Bear Brook Road andS. 2458--A 3 1 Bear Brook, THENCE continuing S 68°10'48" E a distance of 460.00 feet, 2 to a pin set; 3 N 22°23'43" E crossing into the Town of Hancock a distance of 19.34 4 feet, to a twin maple tree; 5 N 41°08'23" E a distance of 360.00 feet, to a pin set at the south- 6 easterly corner of lands owned by Han Cel, Inc. (Liber 771, page 293); 7 THENCE N 41°05'33" E along the easterly boundary of lands owned by 8 said Han Cel, Inc. a distance of 445.50 feet, to a 5/8 inch rebar tagged 9 "Shields" found in the southerly boundary of lands owned by Reservoir 10 Hill, LLC (Liber 979, page 170); 11 THENCE S 70°03'51" E along said southerly boundary of lands owned by 12 Reservoir Hill, LLC a distance of 463.57 feet, to a pin set in the 13 westerly boundary of lands owned by James B. Durfee, Andrew W. Durfee, 14 Kathryn L. D'Amanda & Douglas R. Durfee; 15 THENCE along the lands owned by said Durfee, Durfee, D'Amanda & Durfee 16 the following five courses: 17 S 21°51'49" W a distance of 434.84 feet, to a pin set; 18 S 68°10'44" E a distance of 944.39 feet, to a pin set; 19 N 23°17'11" E a distance of 162.60 feet, to a pin set; 20 N 82°25'20" E a distance of 709.60 feet, to a pin set; 21 S 3°49'49" W a distance of 553.57 feet to a triangular concrete monu- 22 ment found, thence continuing S 2°49'49" W crossing into the Village of 23 Hancock a distance of 106.14 feet to a 5/8 inch rebar tagged "Keystone" 24 found at the northwesterly corner of lands owned by Charles H. Buckley, 25 Alice Ann Buckley & Eric Buckley (Liber 1204, page 88), thence continu- 26 ing S 3°49'49" W along said westerly boundary of lands owned by Buckley, 27 Buckley & Buckley a distance of 243.59 feet, to a triangular concrete 28 monument found in the northerly highway boundary of said Golf Course 29 Road, for a total course distance of 903.30 feet; 30 THENCE N 89°37'29" W along said northerly highway boundary of Golf 31 Course Road a distance of 153.42 feet, to a triangular concrete monument 32 found at a easterly corner of lands owned by Joseph A. & Bonnie Iozzi; 33 THENCE N 82°45'49" W a distance of 474.88 feet, to a pin set; 34 THENCE S 84°14'19" W a distance of 132.93 feet, to a pin set at a 35 northeasterly corner of lands owned by Alexander & Sigrid Conte (Liber 36 761, page 313); 37 THENCE along the lands owned by said Conte the following two courses: 38 S 76°36'14" W a distance of 238.22 feet, a pin set; 39 S 23°21'53" W a distance of 377.90 feet, to a pin set in said norther- 40 ly highway boundary of Golf Course Road; 41 THENCE westerly along said northerly highway boundary of Golf Course 42 Road the following eight courses, totaling 1724.45 feet: 43 S 75°06'09" W a distance of 351.00 feet, to a pin set; 44 N 74°11'46" W a distance of 456.00 feet, to a pin set; 45 N 46°17'15" W a distance of 76.54 feet, to a triangular concrete monu- 46 ment found; 47 N 82°18'09" W a distance of 329.61 feet, to a triangular concrete 48 monument found; 49 S 54°09'05" W a distance of 62.23 feet, to a triangular concrete monu- 50 ment found; 51 Along a curve to the left with a radius of 1697.95 feet, an arc 52 distance of 245.79 feet, subtended by a chord bearing N 84°43'43" W, a 53 distance of 245.57 feet, to a pin set; 54 S 22°18'51" W a distance of 150.30 feet, to a triangular concrete 55 monument found;S. 2458--A 4 1 S 73°04'39" W a distance of 52.98 feet, to a triangular concrete monu- 2 ment found at a easterly corner of lands owned by New York State Elec- 3 tric & Gas Corporation (Liber 439, page 66); 4 THENCE along the northerly boundary of lands owned by said New York 5 State Electric & Gas Corporation the following two courses: 6 N 62°35'44" W a distance of 26.98 feet, to a 1 1/2 inch iron pipe 7 found; 8 N 73°35'31" W a distance of 461.57 feet, to a pin set in the easterly 9 boundary of other lands owned by said New York Electric & Gas Corpo- 10 ration (Liber 436, page 249); 11 THENCE along the lands owned by said New York Electric & Gas Corpo- 12 ration the following four courses: 13 N 30°32'14" E a distance of 495.35 feet, to an iron pipe found; 14 N 59°45'17" W a distance of 460.93 feet, to a to an iron pipe found; 15 S 15°24'49" W a distance of 380.43 feet, to a pin set; 16 S 7°14'34" W a distance of 249.53 feet, to a triangular concrete monu- 17 ment found in said northerly highway boundary of Golf Course Road; 18 THENCE along said northerly highway boundary of Golf Course Road the 19 following two courses: 20 S 87°26'58" W a distance of 87.04 feet, to a triangular concrete monu- 21 ment found in the easterly highway boundary of said Sands Creek Road; 22 S 87°26'58" W a distance of 24.75 feet, to the point of beginning. 23 CONTAINING 92.99 acres of land as surveyed by Paul B. Koerts Profes- 24 sional Land Surveyor on September 16, 2008, revised April 14, 2009 and 25 revised May 19, 2011 as shown on map no. 12485-1. All bearings are 26 referenced to true north at 76°35' meridian of west longitude. 27 § 4. In the event that the town of Hancock received any funding 28 support or assistance from the federal government for the purchase, 29 maintenance or improvement of the parklands set forth in section three 30 of this act, the discontinuance of parkland authorized by the provisions 31 of this act shall not occur until the town of Hancock has complied with 32 any federal requirements pertaining to the alienation or conversion of 33 such parklands, including satisfying the secretary of the interior that 34 the alienation or conversion complies with all conditions which the 35 secretary of the interior deems necessary to assure the substitution of 36 other lands shall be equivalent in fair market value and recreational 37 usefulness to the lands being alienated or converted. 38 § 5. This act shall take effect immediately.
