Authorizes the village of New Berlin to alienate certain parklands, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9943--A
 
                             I N  S E N A T E
 
                              April 16, 2026
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT in relation to authorizing the village of New Berlin to  alienate
   and discontinue the use of certain 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 village  of  New
 Berlin  is  hereby authorized, acting by and through its governing body,
 and upon such terms and conditions as determined by such governing body,
 to discontinue the use as parkland and alienate the lands  described  in
 section  three  of  this  act, and to sell and convey such lands at fair
 market value to  Good  Shepherd  Communities  for  the  purpose  of  the
 construction of a skilled nursing and rehabilitation facility.
   § 2. The authorization contained in section one of this act shall only
 be  effective  on the condition that the village of New Berlin dedicates
 an amount equal to or greater than the fair market value  of  the  park-
 lands being discontinued towards the acquisition of new parklands and/or
 capital  improvements  to existing parklands and recreational facilities
 within the village of New Berlin.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parkland is described as follows:
   Portion of the lands now or formerly conveyed to the  Village  of  New
 Berlin  as  recorded in the Chenango County Clerk's Office as Instrument
 No. 2004-00000434
   All that certain piece, parcel,  or  tract  of  land  situate  in  the
 Village  of New Berlin, Town of New Berlin, County of Chenango, State of
 New York being more particularly bounded and described as follows:
   A. Beginning at a capped iron rod set at the intersection of the divi-
 sion lines between the lands now or formerly conveyed to the Village  of
 New  Berlin as recorded in the Chenango County Clerk's Office as Instru-
 ment No. 2004-00000434 on the  southeast,  the  lands  now  or  formerly
 conveyed to Blue Chip Enterprises Inc. as recorded in the Chenango Coun-
 ty  Clerk's Office as Instrument No. 2012-00001710 on the northeast, and
 the lands now or formerly conveyed to Melvin W. Stewart as  recorded  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15579-05-6
 S. 9943--A                          2
 
 the  Chenango  County  Clerk's Office as Instrument No. 2012-00001710 on
 the west;
   B.  Thence  running  along  division  line  between the Village of New
 Berlin on the south and Blue Chip Enterprises  Inc.  on  the  north  and
 extending the said division line through the lands of the Village of New
 Berlin, N88°39'33"E a distance of 485.51 to a capped iron rod set on the
 approximate westerly edge of an existing gravel driveway (2026);
   C.  Thence running through the lands now or formerly of the Village of
 New Berlin along the following five (5) courses and distances  generally
 along the westerly of an existing gravel driveway (2026):
   1. S28°04'27"E a distance of 55.20 feet to a point;
   2. S48°12'52"E a distance of 90.12 feet to a point;
   3. S65°36'47"E a distance of 173.51 feet to a point;
   4. S45°22'11"E a distance of 72.65 feet to a capped iron rod set;
   5.  S05°32'46"E a distance of 178.19 feet to an iron rod found marking
 the southeasterly corner of the property to be conveyed and in the divi-
 sion line between the Village of New Berlin (Instr.  No.  2004-00000434)
 on  the  north  and the lands now or formerly conveyed to the Village of
 New Berlin as recorded in the Chenango County Clerk's  Office  in  Liber
 562, Page 262 on the south;
   D.  Thence  running along the division line between the Village of New
 Berlin (Instr. No. 2004-00000434) on the north and the  Village  of  New
 Berlin  (Liber  562,  Pg.  262)  on the south, N88°38'20"W a distance of
 115.58 feet set an iron rod found;
   E. Thence running along the  division  line  between  Village  of  New
 Berlin  (Instr.  No.  2004-00000434) on the north and the Village of New
 Berlin (Liber 562, Pg. 262), the lands now or formerly conveyed  to  the
 Village  of New Berlin as recorded in the Chenango County Clerk's Office
 as Instrument No. 2021-00001792 and the lands now or  formerly  conveyed
 to Andrew C. Orzeck as recorded in the Chenango County Clerk's Office as
 Instrument  No.  2003-00002379  on  the south, S83°29'38"W a distance of
 799.75 feet to an iron pipe found marking the southwest  corner  of  the
 property to be conveyed;
   F.  Thence running the division line between the Village of New Berlin
 (Instr. No. 2004-00000434) on the east and Andrew C. Orzeck on the west,
 N13°53'08"E a distance of 404.70 feet to an iron rod found  marking  the
 intersection  of  the  division  lines between the Village of New Berlin
 (Instr. No. 2004-00000434) on the east, Andrew C. Orzeck on  the  south-
 west and the aforementioned lands of Melvin W. Stewart on the northwest;
   G.  Thence  running along the division line between the Village of New
 Berlin (Instr. No. 2004-00000434) on the east and Melvin W.  Stewart  on
 the  west,  N04°39'33"E  a distance of 92.74 feet to the point of begin-
 ning, containing 7.54 acres more or less.
   § 4. In the event that the village of New Berlin 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 parklands author-
 ized  by the provisions of this act shall not occur until the village of
 New Berlin 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.
   § 5. This act shall take effect immediately.