S T A T E O F N E W Y O R K
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10418
I N A S S E M B L Y
April 19, 2018
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Introduced by M. of A. FRIEND -- read once and referred to the Committee
on Local Governments
AN ACT in relation to authorizing the town of Big Flats, county of
Chemung to alienate and convey certain parcels of land used as park-
lands
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subject to the provisions of this act, the town of Big
Flats, county of Chemung, acting by and through its governing body, is
hereby authorized to discontinue as parklands and alienate the lands
more particularly described in section three of this act, and to sell
and convey such lands at fair market value and upon such other terms and
conditions as determined by the governing body of the town.
§ 2. The authorization contained in section one of this act shall take
effect only upon the condition that the town of Big Flats, county of
Chemung, shall acquire and dedicate an amount equal to or greater than
the fair market value of the parklands being discontinued towards the
acquisition of new parklands and/or towards capital improvements to
existing parkland and recreational facilities.
§ 3. The parkland to be alienated, commonly known as "Somerset Park",
consists of a total 4.06 acres and is more particularly described as
follows:
THAT TRACT OR PARCEL OF LAND situate in the Town of Big Flats, County
of Chemung and State of New York, bounded and described as follows:
COMMENCING at a point located in the easterly limits of Harris Hill
Road, said point also being the northwest corner of Lot #6 as shown on
Case Map No. 2568 recorded in the Chemung County Clerk's Office on Octo-
ber 23, 1987; running thence North 51° 12' 47" East a distance of 592.12
feet to an iron pin; thence North 38° 41' 44" West a distance of 367.33
feet to an iron pin; thence South 53° 10' 09" West a distance of 89.08
feet to an iron pin; thence South 38° 47' 13"East a distance of 200.00
feet to an iron pin; then South 51° 12' 47" West a distance of 200.00
feet to a point in the Easterly limit of Harris Hill Road; running
thence southerly along the easterly limit of Harris Hill Road South 38°
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15476-01-8
A. 10418 2
47' 13" East a distance of 155.61 feet to the point or place of begin-
ning.
The above description is taken from a survey map of land prepared by
Dennis J. Wieland, L. S., and identified as the lot marked "Park" filed
as Case Map 2568 in the Chemung County Clerk's Office.
Being a portion of the premises conveyed to Henry A. Todd by Referee'
Deed dated November14, 1984 and recorded in the Chemung County Clerk's
Office in Liber 709 of Deeds at page 206.
This conveyance is SUBJECT to all gas line easements, public utility
easements of record, rights of way, public and restrictive covenants of
record.
Further this conveyance is SUBJECT to a Declaration of Restrictive
Covenants recorded in the Chemung County Clerk's Office in Liber 677 of
Chemung County Deeds at page 99.
§ 4. In the event that the town of Big Flats received any funding
support or assistance from the federal government for the purchase,
maintenance or improvement of the parklands set forth in section three
of this act, the discontinuance of parkland authorized by the provisions
of this act shall not occur until the town of Big Flats has complied
with any federal requirements pertaining to the alienation or conversion
of such parklands, including satisfying the secretary of the interior
that the alienation or conversion complies with all conditions which the
secretary of the interior deems necessary to assure the substitution of
other lands shall be equivalent in fair market value and recreational
usefulness to the lands being alienated or converted.
§ 5. This act shall take effect immediately.