S09943: Authorizes the village of New Berlin to discontinue the use as parkland and alienate certain lands.

STATE OF NEW YORK ________________________________________________________________________ 9943--A 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 -- 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: 1 Section 1. Subject to the provisions of this act, the village of New 2 Berlin is hereby authorized, acting by and through its governing body, 3 and upon such terms and conditions as determined by such governing body, 4 to discontinue the use as parkland and alienate the lands described in 5 section three of this act, and to sell and convey such lands at fair 6 market value to Good Shepherd Communities for the purpose of the 7 construction of a skilled nursing and rehabilitation facility. 8 § 2. The authorization contained in section one of this act shall only 9 be effective on the condition that the village of New Berlin dedicates 10 an amount equal to or greater than the fair market value of the park- 11 lands being discontinued towards the acquisition of new parklands and/or 12 capital improvements to existing parklands and recreational facilities 13 within the village of New Berlin. 14 § 3. The parklands authorized by section one of this act to be discon- 15 tinued as parkland is described as follows: 16 Portion of the lands now or formerly conveyed to the Village of New 17 Berlin as recorded in the Chenango County Clerk's Office as Instrument 18 No. 2004-00000434 19 All that certain piece, parcel, or tract of land situate in the 20 Village of New Berlin, Town of New Berlin, County of Chenango, State of 21 New York being more particularly bounded and described as follows: 22 A. Beginning at a capped iron rod set at the intersection of the divi- 23 sion lines between the lands now or formerly conveyed to the Village of 24 New Berlin as recorded in the Chenango County Clerk's Office as Instru- 25 ment No. 2004-00000434 on the southeast, the lands now or formerly 26 conveyed to Blue Chip Enterprises Inc. as recorded in the Chenango Coun- 27 ty Clerk's Office as Instrument No. 2012-00001710 on the northeast, and 28 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 1 the Chenango County Clerk's Office as Instrument No. 2012-00001710 on 2 the west; 3 B. Thence running along division line between the Village of New 4 Berlin on the south and Blue Chip Enterprises Inc. on the north and 5 extending the said division line through the lands of the Village of New 6 Berlin, N88°39'33"E a distance of 485.51 to a capped iron rod set on the 7 approximate westerly edge of an existing gravel driveway (2026); 8 C. Thence running through the lands now or formerly of the Village of 9 New Berlin along the following five (5) courses and distances generally 10 along the westerly of an existing gravel driveway (2026): 11 1. S28°04'27"E a distance of 55.20 feet to a point; 12 2. S48°12'52"E a distance of 90.12 feet to a point; 13 3. S65°36'47"E a distance of 173.51 feet to a point; 14 4. S45°22'11"E a distance of 72.65 feet to a capped iron rod set; 15 5. S05°32'46"E a distance of 178.19 feet to an iron rod found marking 16 the southeasterly corner of the property to be conveyed and in the divi- 17 sion line between the Village of New Berlin (Instr. No. 2004-00000434) 18 on the north and the lands now or formerly conveyed to the Village of 19 New Berlin as recorded in the Chenango County Clerk's Office in Liber 20 562, Page 262 on the south; 21 D. Thence running along the division line between the Village of New 22 Berlin (Instr. No. 2004-00000434) on the north and the Village of New 23 Berlin (Liber 562, Pg. 262) on the south, N88°38'20"W a distance of 24 115.58 feet set an iron rod found; 25 E. Thence running along the division line between Village of New 26 Berlin (Instr. No. 2004-00000434) on the north and the Village of New 27 Berlin (Liber 562, Pg. 262), the lands now or formerly conveyed to the 28 Village of New Berlin as recorded in the Chenango County Clerk's Office 29 as Instrument No. 2021-00001792 and the lands now or formerly conveyed 30 to Andrew C. Orzeck as recorded in the Chenango County Clerk's Office as 31 Instrument No. 2003-00002379 on the south, S83°29'38"W a distance of 32 799.75 feet to an iron pipe found marking the southwest corner of the 33 property to be conveyed; 34 F. Thence running the division line between the Village of New Berlin 35 (Instr. No. 2004-00000434) on the east and Andrew C. Orzeck on the west, 36 N13°53'08"E a distance of 404.70 feet to an iron rod found marking the 37 intersection of the division lines between the Village of New Berlin 38 (Instr. No. 2004-00000434) on the east, Andrew C. Orzeck on the south- 39 west and the aforementioned lands of Melvin W. Stewart on the northwest; 40 G. Thence running along the division line between the Village of New 41 Berlin (Instr. No. 2004-00000434) on the east and Melvin W. Stewart on 42 the west, N04°39'33"E a distance of 92.74 feet to the point of begin- 43 ning, containing 7.54 acres more or less. 44 § 4. In the event that the village of New Berlin received any funding 45 support or assistance from the federal government for the purchase, 46 maintenance, or improvement of the parklands set forth in section three 47 of this act, the discontinuance and alienation of such parklands author- 48 ized by the provisions of this act shall not occur until the village of 49 New Berlin has complied with any federal requirements pertaining to the 50 alienation or conversion of parklands, including satisfying the secre- 51 tary of the interior that the alienation or conversion complies with all 52 conditions which the secretary of the interior deems necessary to assure 53 the substitution of other lands shall be equivalent in fair market value 54 and usefulness to the lands being alienated or converted. 55 § 5. This act shall take effect immediately.