DATED: 1988
SECTION 1. The purpose of this local law is to authorize the Montgomery
County Board of Supervisors to sell a portion of the lands jointly held by the
Counties of Fulton and Montgomery as "Joint-Tenants in Trust for the Uses and
Purposes of the Fulton-Montgomery Community College" for the purpose of
developing a Cultural Complex as espoused by the Fulton-Montgomery Community
College Foundation which will serve students attending said College, and the
residents of both Counties.
SECTION 2. The lands proposed to be sold are bounded and described as
follows:
All that portion, tract or parcel of land situate, lying and being
in the Town of Johnstown, County of Fulton and the Town of Mohawk,
County of Montgomery: Beginning at a point in the westerly margin
of Fulton County Road No. 142/Montgomery County Road No. 24-
Bendick Corners Road, which point lies in the following courses as
measured from a concrete monument marking the most southeasterly
corner of lands conveyed to the Fisher Group: S 22 06 1 20" E 351.49
feet, S 35 50 1 00" E 46.30 feet and S 22 06 1 00" E 204.38 feet;
thence from said point of beginning S 22 06 100" E 129.85 feet along
the westerly margin of said road to a point; thence through lands
of Fulton-Montgomery Community College following these courses:
S 50 23’ 15" W 497.61 feet
N 59 28’ 10" W 371. 09 feet
N 34 41’ 30" E 518.49 feet
S 63 43’ 30" E 400.39 feet
to the point or place of beginning.
Containing 5.39 acres of land, more or less.
SECTION 3. The lands proposed to be sold herein shall be used as and for
the construction of a Cultural Complex for the students attending the College,
and the residents of both Counties. Should the lands proposed to be sold be
used for any other purpose, then and in that event, the title to the lands
proposed to be sold herein shall revert to the Counties of Fulton and
Montgomery as "Joint-Tenants in Trust for the Uses and Purposes of the
Fulton-Montgomery Community College."
SECTION 4. It is hereby found and determined that these lands jointly
held by Fulton and Montgomery Counties are not being used by the general
public and are not being used for ordinary County purposes, nor are said lands
needed for the general educational purposes of Fulton-Montgomery Community
College.
SECTION 5. It 1s hereby found and determined that the interests of
Montgomery County in the lands described in Section 2 hereof were not acquired
for highway purposes, through tax sale or for general County purposes.
SECTION 6. The lands described in Section 2. hereof may be sold to a
private person or persons without advertising or competitive bidding by
similar, subsequent resolutions which may be adopted by the Boards of
Supervisors of the Counties of Fulton and Montgomery, acting in concert.
SECTION 7. To the extent that this local law may be inconsistent with
Section 215 of the County Law of the State of New York, it shall supersede
that section.
SECTION 8. This local law is subject to, and conditioned upon, the
adoption by the Fulton County Board of Supervisors of a similar local law or
other legislative expression consenting to the sale of the lands described
herein.
SECTION 9. If any clause, sentence or paragraph of this local law shall
be adjudged by any Court of competent jurisdiction to be invalid, such
adjudication shall not affect, impair or invalidate the remainder of the local
law which shall as to such remainder remain in effect.
SECTION 10. This local law is subject to a permissive referendum and
shall become effective in the Office of the Secretary of State and as
otherwise provided by Section 24 of the Municipal Home Rule law .