STATE OF NEW YORK ________________________________________________________________________ 8743 IN SENATE April 6, 2022 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the city of Elmira, county of Chemung, to alienate and sell parklands to Cerulean Holdings, Inc. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Notwithstanding any other provision of law, the city of 2 Elmira, county of Chemung, 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 parkland and to sell and convey at fair 5 market value the approximately 1.9 acres portion of the property common- 6 ly known as "Patch Park", and more fully described in section three of 7 this act, to Cerulean Holdings, Inc. for the purpose of constructing an 8 apartment complex to serve low-income and special needs residents. 9 § 2. The authorization contained in section one of this act shall be 10 effective only upon the condition that the city of Elmira, county of 11 Chemung, dedicate an amount equal to or greater than the fair market 12 value of the parklands being discontinued toward the acquisition of new 13 parklands and/or capital improvements to existing park and recreational 14 facilities. 15 § 3. The parklands authorized by section one of this act to be alien- 16 ated are described as follows: 17 ALL THAT TRACT OR PARCEL OF LAND situate in the City of Elmira, County 18 of Chemung and State of New York, bounded and described as follows: 19 Beginning at an iron pin standing in the ground at the intersection of 20 the south line of East Washington Avenue with the west line of lands of 21 New York, Lackawanna and Western Railway Company, conveyed by Elmira 22 iron and Steel Rolling Mill Company April 1, 1884 and recorded April 8, 23 1884 in the Chemung County Deeds Volume 82, page 538; running thence as 24 the needle played in November 1920 S. 76° west along the said south line 25 279.27 feet to an iron pin now standing in the ground; thence south 14° 26 21' 20" east and parallel with the east line of Canal Street 75 feet to 27 an iron pin now standing in the ground; thence south 76° west 40 foot to 28 an iron pin now standing in said east line of Canal Street; thence south EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15287-01-2S. 8743 2 1 14° 21' 20" east along said east line and its prolongation south of 2 south line of East Seventh Street 568.55 feet to an iron pin now stand- 3 ing in the ground; thence north 76° 02' 40" east parallel with the north 4 face the brick wall of the Old Rolling Mill and distant 25 feet perpen- 5 dicularly therefrom, 130.45 feet to an iron pin now standing in the 6 ground; thence south 13° 37' 20" east parallel with the east face of 7 said Old Rolling Mill and 25 feet distant perpendicularly therefrom 8 140.10 feet to a cross in a stone, which is 1 foot north of an iron pin 9 now standing in the ground; thence north 76° 08' 40" east parallel with 10 the north face of the new wing of the Old Rolling Mill, and distant 25 11 feet perpendicularly therefrom, 69.05 feet to an iron pin standing in 12 the said west line of lands of New York Lackawanna and Western Railway 13 Company; thence north 5° 31' 40" west along said west line 792.40 feet 14 to the point the place of beginning. 15 ALSO, all of the interest of the party of the first part in that part 16 of Canal Street lying east of the center line thereof, north of the 17 south line of East Seventh Street and south of the south line of East 18 Washington Avenue. 19 ALSO, all of that interest of the party of the first part in that part 20 in East Washington Avenue lying south of the center line thereof, east 21 of the centerline of Canal Street prolonged and west of the said west 22 line of the New York, Lackawanna and Western Railway Company. 23 EXCEPTING ALL THAT TRACT OR PARCEL OF LAND, situate in the City of 24 Elmira, County of Chemung and State of New York beginning at a point in 25 the east line of Canal Street two hundred ninety-three and fifty-three 26 hundredths feet (293.53') south of the south line of East Washington 27 Avenue; thence south 14° 21' 20" east along the east line of Canal 28 Street and its extension south of the south line of East Seventh Street 29 three hundred fifty and two hundredths feet (350.02') to an iron pin; 30 thence north 76° 02' 40" east one hundred thirty and forty-five 31 hundredths feet (130.45') to an iron pin; thence south 13° 37' 20" east 32 one hundred forty and ten hundredths feet (140.10') to a cross cut in 33 stone which is one foot north of an iron pin; thence north 76° 08' 40" 34 east sixty nine and five hundredths feet (69.05') to an iron pin; thence 35 north 5° 31' 40" west four hundred ninety-six and fifteen hundredths 36 feet (496.15') along the west property line of the Erie Lackawanna Rail- 37 road Company to a point; thence south 75° 58' west two hundred seventy- 38 three and eighty hundredths feet (273.80') to the place of beginning. 39 The above described parcel containing two and twenty-six hundredths 40 acres (2.26 acres) of land. Also all the rights, title and interest of 41 party of the first part in and to the main switch now standing on the 42 lands above conveyed and passing over lands heretofore conveyed to 43 George W. Peck and Ira C. Pratt and LeVallye, McLeod, Kinkaid Company. 44 AND FURTHER EXCEPTING all that tract or parcel of land situate in the 45 City of Elmira, County of Chemung and State of New York, beginning at a 46 point in the north property line on the above described premises thir- 47 ty-five and fourteen hundredths feet (35.14') east of the east line of 48 Canal Street; thence northerly at right angles to the north property 49 line four and seventy-two hundredths feet (4.72') to a point; thence 50 easterly along the north side of the building thirty-three and thirty- 51 five hundredths feet (33.35') to a point; thence southerly along the 52 east side of the building five feet (5'±) more or less, to the north 53 property line of the first described parcel; thence westerly thirty- 54 three and thirty-five hundredths feet (33.35') to the place of begin- 55 ning.S. 8743 3 1 § 4. In the event that the city of Elmira, county of Chemung, received 2 any funding, support or assistance from the federal government for the 3 purchase, maintenance or improvement of the parklands set forth in 4 section three of this act, the discontinuance and alienation of such 5 parkland authorized by the provisions of this act shall not occur until 6 the city of Elmira, county of Chemung, has complied with any federal 7 requirements pertaining to the alienation or conversion of parklands, 8 including satisfying to the secretary of the interior that the alien- 9 ation or conversion complies with all conditions which the secretary of 10 the interior deems necessary to ensure the substitution of other lands 11 shall be equivalent in fair market value and usefulness to the lands 12 being alienated or converted. 13 § 5. This act shall take effect immediately.