Authorizes the discontinuance of certain parkland in the town of Windham, located in the county of…

Full Bill Text

STATE OF NEW YORK ________________________________________________________________________ 11478 IN ASSEMBLY May 22, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Tague) -- read once and referred to the Committee on Local Governments AN ACT authorizing the discontinuance of certain parkland in the town of Windham, located in the county of Greene 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 town of Windham, 2 located in the county of Greene, acting by and through its governing 3 body and upon such terms and conditions as determined by such body, is 4 hereby authorized to discontinue and to sell and convey at fair market 5 value the lands more particularly described in section three of this act 6 for the purposes of decommissioning an old baseball facility and pedes- 7 trian safety. 8 § 2. The authorization contained in section one of this act shall only 9 be effective on the condition that the town of Windham acquire and dedi- 10 cate the lands described in section four of this act as parklands and 11 maintain a public baseball facility on such parklands, provided that the 12 town has never used such lands for public open space or park purposes. 13 § 3. The parklands authorized by section one of this act to be alien- 14 ated are described as follows: 15 Beginning at a concrete monument set in the ground on the northerly 16 line of South Street (so-called) at the southwest corner of the premises 17 conveyed by John H. Garraghan and Phoebe M. Garraghan, his wife, to 18 Herbert C. Luhrs and Viola S. Luhrs, his wife, by deed dated November 19 17, 1954 and recorded in the Greene County Clerk's Office on November 20 19, 1954 in Liber 337 of Deeds at Page 319; running thence north 23° 50' 21 east along the lands of said Luhrs a distance of 298 feet to a concrete 22 monument set in the ground on the southerly boundary line of lands now 23 owned by The Osborn House, Inc.; running thence north 51° 50'west along 24 the lands of The Osborn House, Inc., a distance of 220 feet to an iron 25 pin driven into the ground; running thence south 23° 50' west a distance 26 of 345 feet to an iron pin driven into the ground on the northerly line 27 of South Street; running thence south 67° 45' east a distance of 220 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15986-01-6 A. 11478 2 1 feet to the concrete monument set in the ground marking the point and 2 place of beginning, containing 1.6 acres, more or less. 3 Together with all the right, title and interest of the grantors herein 4 in and to the land lying between the southerly boundary line of the 5 premises above described to the center line of South Street. 6 Being a portion of the premises conveyed to John W. Garraghan by the 7 following deeds: Deed by George W. Osborn, Jr., as Executor, etc. dated 8 July 10, 1941, and recorded in Book 287 of Deeds at Page 365; deed by 9 Hilda May Miller and others, dated July 11, 1943 and recorded in Book 10 290 of Deeds at Page 391, covering the same premises as Book 287 of 11 Deeds Page 365; and Deed by Walter Jacobs and others, dated August 12 21,1946, and recorded in Book 312 of Deeds at Page 337; and by deed John 13 H. Garraghan to John H. Garraghan and Phoebe M. Garraghan, his wife, 14 dated July 23, 1948 and recorded in Greene County Clerk's Office in 15 Liber 312 of Deeds at Page 339. 16 Being the same premises conveyed by John H. Garraghan and Phoebe M. 17 Garraghan, his wife, by deed dated October 29, 1956, and recorded Decem- 18 ber 18, 1956, in the Greene County Clerk's Office, to W-A-J Civic Asso- 19 ciation, Inc. 20 Subject to pole and wire line easements of record. 21 § 4. Prior to the discontinuance and alienation of the parklands 22 described in section three of this act, the town of Windham shall dedi- 23 cate as parklands and maintain a public baseball facility on such park- 24 lands are described as follows: 25 All that piece or parcel of land situate, lying and being in the Town 26 of Windham, County of Greene and State of New York being a portion of 27 lands conveyed to Eco Five of Windham Realty, Inc. by Leonidas Leonidou 28 in a deed dated May 2, 1990 and recorded in the Greene County Clerk's 29 Office on May 8, 1990 in Liber 728 of Deeds at page 117, said parcel 30 being designated as Lot #1 on a map entitled "Survey Map Showing 31 Proposed Subdivision of Lands of Eco Five of Windham Realty, Inc." dated 32 October 11, 2024 by Santo Associates Land Surveying and Engineering, 33 P.C., last revised on February 15, 2025 and recorded in the Greene Coun- 34 ty Clerk's Office on May 2, 2025 as Map number Easi-M 2025-38, said 35 parcel being bounded and described as follows: 36 Beginning at a point marked by a capped iron pin on the east bounds of 37 Greene County Route 65A approximately 63 feet north of the intersection 38 of the centerline of said Greene County Route 65A with the centerline of 39 Greene County Route 40, said point being 25.00 feet from said centerline 40 of Greene County Route 65A and being the northwest corner of lands now 41 or formerly of Eugenia Leonidou and the southwest corner of the parcel 42 herein described; running thence from said point of beginning along said 43 east bounds of Greene County Route 65A, being generally parallel to, and 44 25.0 feet east of, the centerline thereof, the following twelve courses: 45 N 08° 10' 08" E 16.08'; 46 N 13° 29' 08" E 82.43'; 47 N 17° 33' 53" E 80.64'; 48 N 19° 50' 14" E 76.19'; 49 N 23° 40' 00" E 82.68'; 50 N 26° 01' 23" E 93.22'; 51 N 23° 49' 43" E 85.46'; 52 N 16° 05' 50" E 206.17'; 53 N 15° 06' 36" E 80.17'; 54 N 15° 36' 34" E 94.16'; 55 N 16° 27' 22" E 76.02'; and A. 11478 3 1 N 14° 52' 22" E 44.97' to a point marked by a capped iron pin at a 2 corner of Lot #2 as it appears on the above-referenced subdivision map, 3 said point being 50 feet south of the southwest corner of lands now or 4 formerly of James M. McNab, Bruce G. McNab and Loretta McNab and on the 5 south bounds of a 50' wide right-of-way; thence leaving said east bounds 6 of Greene County Route 65A and running along a line which is parallel 7 to, and 50.00 feet south of the south bounds of said lands now formerly 8 of McNab, being along the south bounds of said Lot #2 and said right-of- 9 -way 10 S 77° 26' 41" E 137.04' to a point marked by a capped iron pin; thence 11 continuing along the south bounds of said Lot #2 and said right-of-way 12 S 51° 05' 59" E 218.92' to a point marked by a capped iron pin; 13 running thence along the west bounds of said Lot #2 14 S 21° 07' 27" W 958.05' to a point marked by a capped iron pin on the 15 north bounds pf lands now or formerly of Rik Roc, LLC; running thence 16 along said north bounds of lands now or formerly of Rik Roc, LLC 17 N 81° 16' 14" W 128.69' to a point marked by a capped iron pin on the 18 east bounds of the aforementioned lands now or formerly of Eugenia Leon- 19 idou; running thence along the bounds of said lands now or formerly of 20 Leonidou the following two courses: 21 N 18° 02' 06" E 53.84' to a point marked by a capped iron pin; and 22 N 81° 16' 12" W 167.07' to the point and place of beginning, contain- 23 ing 7.2 acres, more or less. 24 Excepting and reserving a 50 foot wide access & utility easement 25 running through the above-described Lot #1 from said east bounds of 26 Greene County Route 65A to the west bounds of Lot #2, said easement 27 being bounded and described as follows: 28 Beginning at a point on the east bounds of Greene County Route 65A 29 approximately 615 feet north of the intersection of the centerline of 30 said Greene County Route 65A with the centerline of Greene County Route 31 40, being distant 552.41 feet on a course of N20°11'58"E from the point 32 of beginning of the above-described Lot #1, and being 25.00 feet from 33 said centerline of Greene County Route 65A and approximately 10 feet 34 north of a fire hydrant; running thence through the above-described Lot 35 #1 36 S 68° 52' 33" E 300.69' to a point on the west bounds of Lot #2; 37 running thence along said west bounds of Lot #2 38 S 21° 07' 27" W 50.00' to a point; thence leaving said west bounds of 39 Lot #2 and running through Lot #1 on a course which is parallel to, and 40 50.00 feet south of, the first course above 41 N 68° 52' 33" W 297.98' to a point on the aforementioned east bounds 42 of Greene County Route 65A; running thence along said east bounds of 43 Greene County Route 65A the following two courses: 44 N 23° 49' 43" E 12.56'; and 45 N 16° 05' 50" E 37.60' to the point and place of beginning. 46 § 5. In the event that the fair market value of the parklands 47 described in section four of this act to be dedicated by the town of 48 Windham pursuant to this act are not equal to or greater than the fair 49 market value of the parklands to be alienated as described in section 50 three of this act, the town of Windham shall dedicate the difference of 51 the fair market value of the lands to be alienated and the lands to be 52 dedicated for the acquisition of additional parklands and/or capital 53 improvements to existing park and recreational facilities. 54 § 6. In the event that the town of Windham received any funding 55 support or improvement of the parklands set forth in section three of 56 this act, the discontinuance and alienation of such parkland authorized A. 11478 4 1 by the provisions of this act shall not occur until the town of Windham 2 has complied with any federal requirements pertaining to the alienation 3 or conversion of parklands, including satisfying the secretary of the 4 interior that the alienation or conversion complies with all conditions 5 which the secretary of the interior deems necessary to assure the 6 substitution of other lands shall be equivalent in fair market value and 7 usefulness to the lands being alienated or converted. 8 § 7. This act shall take effect immediately.