S 9943

        STATE OF NEW YORK
________________________________________________________________________
                                  9943
            IN SENATE
                             April 16, 2026
                               ___________
Introduced  by  Sen.  GRIFFO -- 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 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:
1  Section 1. Subject to the provisions of this act, the village  of  New
2Berlin  is  hereby authorized, acting by and through its governing body,
3and upon such terms and conditions as determined by such governing body,
4to discontinue the use as parkland and alienate the lands  described  in
5section  three  of  this  act, and to sell and convey such lands at fair
6market value to  Good  Shepherd  Communities  for  the  purpose  of  the
7construction of a skilled nursing and rehabilitation facility.
8  § 2. The authorization contained in section one of this act shall only
9be  effective  on the condition that the village of New Berlin dedicates
10an amount equal to or greater than the fair market value  of  the  park-
11lands being discontinued towards the acquisition of new parklands and/or
12capital  improvements  to existing parklands and recreational facilities
13within the village of New Berlin.
14  § 3. The parklands authorized by section one of this act to be discon-
15tinued as parkland is described as follows:
16  All that certain piece, parcel,  or  tract  of  land  situate  in  the
17Village  of New Berlin, Town of New Berlin, County of Chenango, State of
18New York being more particularly bounded and described as follows:
19  A. Beginning at a capped iron rod set at the intersection of the divi-
20sion lines between the lands now or formerly conveyed to the Village  of
21New  Berlin as recorded in the Chenango County Clerk's Office as Instru-
22ment No. 2004-00000434 on the  southeast,  the  lands  now  or  formerly
23conveyed to Blue Chip Enterprises Inc. as recorded in the Chenango Coun-
24ty  Clerk's Office as Instrument No. 2012-00001710 on the northeast, and
25the lands now or formerly conveyed to Melvin W. Stewart as  recorded  in
26the  Chenango  County  Clerk's Office as Instrument No. 2012-00001710 on
27the west;
 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                      [] is old law to be omitted.
                                                           LBD15579-01-6
S. 9943  2
1  B. Thence running along division  line  between  the  Village  of  New
2Berlin  on  the  south  and  Blue Chip Enterprises Inc. on the north and
3extending the said division line through the lands of the Village of New
4Berlin, N88°39'33"E a distance of 485.51 to a capped iron rod set on the
5approximate westerly edge of an existing gravel driveway (2026);
6  C.  Thence running through the lands now or formerly of the Village of
7New Berlin along the following five (5) courses and distances  generally
8along the westerly of an existing gravel driveway (2026):
9  1. S28°04'27"E a distance of 55.20 feet to a point;
10  2. S48°12'52"E a distance of 90.12 feet to a point;
11  3. S65°36'47"E a distance of 173.51 feet to a point;
12  4. S45°22'11"E a distance of 72.65 feet to a capped iron rod set;
13  5.  S05°32'46"E a distance of 178.19 feet to an iron rod found marking
14the southeasterly corner of the property to be conveyed and in the divi-
15sion line between the Village of New Berlin (Instr.  No.  2004-00000434)
16on  the  north  and the lands now or formerly conveyed to the Village of
17New Berlin as recorded in the Chenango County Clerk's  Office  in  Liber
18562, Page 262 on the south;
19  D.  Thence  running along the division line between the Village of New
20Berlin (Instr. No. 2004-00000434) on the north and the  Village  of  New
21Berlin  (Liber  562,  Pg.  262)  on the south, N88°38'20"W a distance of
22115.58 feet set an iron rod found;
23  E. Thence running along the  division  line  between  Village  of  New
24Berlin  (Instr.  No.  2004-00000434) on the north and the Village of New
25Berlin (Liber 562, Pg. 262), the lands now or formerly conveyed  to  the
26Village  of New Berlin as recorded in the Chenango County Clerk's Office
27as Instrument No. 2021-00001792 and the lands now or  formerly  conveyed
28to Andrew C. Orzeck as recorded in the Chenango County Clerk's Office as
29Instrument  No.  2003-00002379  on  the south, S83°29'38"W a distance of
30799.75 feet to an iron pipe found marking the southwest  corner  of  the
31property to be conveyed;
32  F.  Thence running the division line between the Village of New Berlin
33(Instr. No. 2004-00000434) on the east and Andrew C. Orzeck on the west,
34N13°53'08"E a distance of 404.70 feet to an iron rod found  marking  the
35intersection  of  the  division  lines between the Village of New Berlin
36(Instr. No. 2004-00000434) on the east, Andrew C. Orzeck on  the  south-
37west and the aforementioned lands of Melvin W. Stewart on the northwest;
38  G.  Thence  running along the division line between the Village of New
39Berlin (Instr. No. 2004-00000434) on the east and Melvin W.  Stewart  on
40the  west,  N04°39'33"E  a distance of 92.74 feet to the point of begin-
41ning.
42  § 4. In the event that the village of New Berlin received any  funding
43support  or  assistance  from  the  federal government for the purchase,
44maintenance, or improvement of the parklands set forth in section  three
45of this act, the discontinuance and alienation of such parklands author-
46ized  by the provisions of this act shall not occur until the village of
47New Berlin has complied with any federal requirements pertaining to  the
48alienation  or  conversion of parklands, including satisfying the secre-
49tary of the interior that the alienation or conversion complies with all
50conditions which the secretary of the interior deems necessary to assure
51the substitution of other lands shall be equivalent in fair market value
52and usefulness to the lands being alienated or converted.
53  § 5. This act shall take effect immediately.