S T A T E O F N E W Y O R K
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7818
I N S E N A T E
February 28, 2018
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT in relation to authorizing the village of Penn Yan, county of
Yates, 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 Village of Penn
Yan, located in the county of Yates, is hereby authorized, acting by and
through its village board and upon such terms and conditions as deter-
mined by such board, to discontinue as parklands and alienate the lands
more particularly described in section three of this act, and to lease
such parklands at fair market value for the continued operation of the
Finger Lakes Tourism Alliance information center at Red Jacket Park.
§ 2. The authorization contained in section one of this act shall take
effect only upon the condition that the Village of Penn Yan dedicate
lands of like usefulness and of value equal to or greater than the fair
market value of the lease interest being alienated pursuant to section
one of this act as parklands.
§ 3. The lands authorized by section one of this act to be discontin-
ued as parklands and leased by the Village of Penn Yan are described as
follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND at Red Jacket Park,
Village of Penn Yan, county of Yates and State of New York, more partic-
ularly bounded and described as follows:
Beginning at the intersection of the center line of Lake Street with a
line of 10.00 feet from parallel to a line that passes through the two
concrete on the north line of house lot at 307 Lake Street; thence S37°
- 43'W along said center line 129.39 feet to Red Jacket Park; thence
N78° - 32'W along the north line of Red Jacket Park 439.29 feet to the
high water line of Keuka Lake; thence N25° -24'E along said highwater
line 25.50 feet to an iron pipe; thence the following courses and
distances along land reserved by the grantor: S78° - 32'E 240.33 feet to
and iron pipe, N25° - 24'E through an iron pipe 34.33 feet distant a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14919-01-8
S. 7818 2
total distance of 136.77 feet to an iron pipe and S69° -07'E through an
iron pipe at the edge of the sidewalk and 149.45 feet distant, a total
distance of 176.35 feet to the place of beginning according to the
survey made by Harnish & Lookup on August 17, 1950.
§ 4. Should the leased lands described in section three of this act
cease to be used for the purposes described in section one of this act,
the lease shall terminate and those lands shall revert to the Village of
Penn Yan for public park and recreational purposes. At the time of such
reversion, the removal of such tourism information center shall take
place and the property shall be returned to its previous state, consist-
ent with park and recreational purposes.
§ 5. In the event that the Village of Penn Yan 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 Village of Penn Yan 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.
§ 6. This act shall take effect immediately.