S T A T E O F N E W Y O R K
________________________________________________________________________
5865--A
Cal. No. 945
2019-2020 Regular Sessions
I N S E N A T E
May 15, 2019
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to authorize the town of New Hartford, in the county of Oneida,
to alienate certain parklands and to dedicate other lands as parklands
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 New
Hartford, in the county of Oneida, acting by and through its governing
body and upon such terms and conditions as determined by such board is
hereby authorized to discontinue as parklands and alienate the lands
described in section three of this act for the purpose of the installa-
tion and operation of a cell tower base station facility.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the town of New Hartford dedi-
cates the lands described in section four of this act as parkland
provided that the town of New Hartford has never used such lands for
public open space or park purposes.
§ 3. The parklands authorized by section one of this act to be alien-
ated are described as follows:
ALL THAT certain piece or parcel of land, situate in the Town of New
Hartford, County of Oneida and State of New York, being a portion of
land conveyed to the Town of New Hartford, a municipal corporation by
book 1741 at page 446 as recorded in the Oneida county clerk's office,
bounded and described as follows:
Commencing at the southeasterly corner of said lands of the Town of New
Hartford, a municipal corporation, said point also being located on the
westerly bounds of New Paris Road and said point being marked by a
concrete monument, thence from said point of commencement, along said
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11785-03-9
S. 5865--A 2
westerly boundary of New Paris Road n. 27°-38'-00" E. A distance of
611.60' to a point, thence through the said lands of the Town of New
Hartford, a municipal corporation the following twenty-seven (27) cours-
es and distances:
A1) N 62°22'00" W 83.58', thence
A2) S 87°44'29" W 18.89', thence
A3) S 30°26'56" W 128.78', thence
A4) S 37°27'17" W 78.84', thence
A5) S 50°03'55" W 155.14', thence
A6) S 58°59'31" W 151.18', thence
A7) S 68°46'42" W 122.23', thence
A8) S 81°35'28" W 127.18', thence
A9) S 89°06'49" W 120.63', thence
A10) N 78°06'14" W 128.82', thence
A11) N 62°00'31" W 259.97', thence
A12) N 39°40'44" W 237.75', thence
A13) S 89°52'12" W 144.32', thence
A14) S 81°24'18" W 121.77', thence
A15) S 60°46'16" W 73.21', thence
A16) S 11°36'30" W 156.26', thence
A17) S 26°39'27" W 72.84', thence
A18) S 47°58'11" W 42.83', thence
A19) S 69°33'16" W 39.96', thence
A20) S 00°38'35" E 47.76', thence
A21) S 10°16'27" E 40.66', thence
A22) S 00°31'28" E 102.86', thence
A23) S 10°07'18" E 60.16', thence
A24) S 19°13'21" E 31.95', thence
A25) S 82°37'00" W 39.90', thence
A26) S 07°23'00" E 30.00', thence
A27) S 82°37'00" W 12.00' to the southeasterly corner of the herein
described 75' x 75' lease area easement and the point and place of
beginning, thence from said point of beginning, continuing through the
said lands of the Town of New Hartford, a municipal corporation the
following four (4) courses and distances
L1) S 82°37'00" W 75.00', thence
L2) N 7°23'00" W 75.00', thence
L3) N 82°37'00" E 75.00', thence
L4) S 7d°3'00" E 75.00', to the point and place of beginning,
containing an area of 0.129 acres, more or less
§ 4. Prior to the discontinuance and alienation of the parkland
described in section three of this act, the town of New Hartford shall
dedicate as parkland such land described as follows:
ALL THAT CERTAIN LOT OF LAND in New Hartford, County of Oneida, State
of New York, described as follows: BEGINNING at the northwesterly corner
of the said premises, said "point of beginning" being on the easterly
line of Henderson Street in the Village of New York Mills, Town of New
Hartford, New York, at the terminus of the following two courses, viz:
BEGINNING at the intersection of the westly line of Clinton Street and
the easterly line of Henderson Street; running thence North 21° 12' West
98.6 ft. to a point in the easterly line of Henderson Street; thence
North 13° 30' West 133.33 ft. to the "point of beginning"; thence as in
previous deeds running North 50° 30' East 214.50 ft. to the northeast
corner of the said premises; thence turning an angle of 90° and running
41.85 ft. to the southeast corner; thence turning an angle of 90° and
S. 5865--A 3
running parallel to the first course of the premises 232.98 ft. to the
southwest corner of the said premises; thence running northwesterly
along the east line of Henderson Street to the point of beginning, as
surveyed by Joseph B. Shaw, L.P.E. #10297 on January 3, 1961. Contain-
ing an area of 0.18 acres, more or less.
ALL THAT LOT OR PARCEL OF LAND in Village of New York Mills, Town of
New Hartford, County of Oneida, State of New York, bounded and described
as follows:
Beginning at a point in the easterly fence line of Henderson Street to
the northwest corner of a parcel of land conveyed by the New York Mills
Corporation to Arthur D. Cheetham, thence north 14° West forth (40) feet
along said easterly line to an iron pipe; thence north 56° 34' east one
hundred sixty-six and sixty seven hundredths (166.67) feet to a corner,
thence south 35° 30' east forth two (42) feet to the northeast corner of
said Cheetham parcel, thence south 57° 55' west one hundred eighty-one
and fifty-five hundredths (181.55) feet along the northerly boundary of
said Cheetham parcel to the place of beginning. Containing an area of
0.16 acres, more or less.
§ 5. In the event that the fair market value of the parklands
described in section four of this act to be dedicated as parkland by the
town of New Hartford pursuant to this act are not equal to or greater
than the fair market value of the parklands to be alienated as described
in section three of this act, the town of New Hartford shall dedicate
the difference of the fair market value of the lands to be alienated and
the lands to be dedicated for the acquisition of additional parklands
and/or capital improvements to existing park and recreational facili-
ties.
§ 6. In the event that the town of New Hartford 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 and alienation of such parkland author-
ized by the provisions of this act shall not occur until the town of New
Hartford has complied with any federal requirements pertaining to the
alienation or conversion of parklands, including satisfying the secre-
tary 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 usefulness to the lands being alienated or converted.
§ 7. This act shall take effect immediately.