S T A T E O F N E W Y O R K
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S. 4267--B A. 6724--B
Cal. No. 674
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
March 25, 2011
___________
IN SENATE -- Introduced by Sen. O'MARA -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Cultural
Affairs, Tourism, Parks and Recreation -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading -- again amended and ordered reprinted, retain-
ing its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. FRIEND -- read once and referred
to the Committee on Local Governments -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to authorize the county of Schuyler to convey an easement through
land located in the county's Seneca Harbor Park
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The county of Schuyler, acting by and through its county
2 legislature, is hereby authorized to convey by appropriate instruments
3 to Doris and Henry F. Lembeck IV, an easement located in Seneca Harbor
4 Park and described in section three of this act, for the purpose of
5 enabling access to lakefront development.
6 S 2. The authorization provided in section one of this act shall be
7 effective only upon the condition that the county of Schuyler acquire
8 and dedicate as parkland the lands described in section four of this
9 act. In the event that the land to be dedicated is less in fair market
10 value to the easement being granted, the county shall dedicate the
11 difference to either the acquisition of new parklands and/or capital
12 improvements to existing park and recreational facilities.
13 S 3. The easement to be conveyed by the county of Schuyler pursuant to
14 section one of this act is described as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09718-06-1
S. 4267--B 2 A. 6724--B
1 ALL THAT TRACT OR PARCEL OF LAND situate in the Village of Watkins
2 Glen, County of Schuyler and State of New York, bounded and described as
3 follows:
4 Beginning at a point at the southeasterly corner of lands now or
5 formerly owned by County of Schuyler (L. 266, P. 210), said point also
6 described as being the northeasterly corner of Porter Street;
7 Thence N87�02'02"W, along the dividing line between Porter Street on
8 the south and the aforesaid lands of County of Schuyler on the north, a
9 distance of 65.99 feet to a point;
10 Thence; N31�49'51"E, through lands of County of Schuyler, a distance
11 of 140.32 feet to a point on the easterly boundary of lands of County of
12 Schuyler;
13 Thence S03�46'57"W, along said easterly boundary of lands of County of
14 Schuyler, a distance of 122.90 feet to the point of beginning; contain-
15 ing 0.093 acre or 4.054 square feet, more or less.
16 S 4. The land to be dedicated as parkland pursuant to section two of
17 this act is described as follows:
18 ALL that tract or parcel of land situate in Town of Dix, County of
19 Schuyler and State of New York being more particularly bounded and
20 described as follows: Beginning at a Point located along the Southerly
21 shore of Seneca Lake, said point being a North-easterly corner of lands
22 now or formerly of the County of Schuyler (Liber 377 of Deeds, page
23 298), and a North-westerly corner of lands now or formerly of the
24 Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
25 1.) South 02 degrees 36 minutes 13 seconds West along a division line
26 between said lands of the County of Schuyler to the West and lands of
27 the Village of Watkins Glen to the East for a distance of 11.25 feet to
28 a point; Thence
29 2.) South 73 degrees 38 minutes 23 seconds West through said lands of
30 the County of Schuyler for a distance of 13.83 feet to a point; Thence
31 3.) North 02 degrees 36 minutes 13 seconds East continuing through
32 said lands of the County of Schuyler for a distance of 12.46 feet to a
33 point located along the Southerly shore of Seneca Lake; Thence
34 4.) North 78 degrees 29 minutes 52 seconds East for a distance of
35 13.48 feet to the Point or Place of Beginning.
36 Containing 0.004� acres (or 155 � square feet), all as shown on a "Map
37 of Lands Being Conveyed Between the Village of Watkins Glen and the
38 County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
39 sional Land Surveyor, dated July 22, 2010.
40 ALL that tract or parcel of land situate in Town of Dix, County of
41 Schuyler and State of New York being more particularly bounded and
42 described as follows: Beginning at a Point located along the Southerly
43 shore of Seneca Lake, said point being a North-easterly corner of lands
44 now or formerly of the County of Schuyler (Liber 377 of Deeds, page
45 298), and a North-westerly corner of lands now or formerly of the
46 Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
47 1.) North 78 degrees 36 minutes 20 seconds East for a distance of
48 22.18 feet to a point, said point being a North-easterly corner of Lands
49 now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
50 543), and a North-westerly corner of lands now or formerly of the
51 Village of Watkins Glen (Liber 323 of Deeds, page 569); Thence
52 2.) South 21 degrees 36 minutes 20 seconds East along the division
53 line between said lands of the Village of Watkins Glen for a distance of
54 8.76 feet to a point; Thence
55 3.) South 73 degrees 38 minutes 23 seconds West through said lands of
56 the Village of Watkins Glen (Liber 306 of Deeds, page 543) for a
S. 4267--B 3 A. 6724--B
1 distance of 26.55 feet to a point located an Easterly line of lands now
2 or formerly of the County of Schuyler (Liber 377 of Deeds, page 298);
3 Thence
4 4.) North 02 degrees 36 minutes 20 seconds East along said Easterly
5 line of lands of the County of Schuyler for a distance of 11.25 feet to
6 the Point or Place of Beginning.
7 Containing 0.005� acres (or 237� square feet), all as shown on a "Map
8 of Lands Being Conveyed Between the Village of Watkins Glen and the
9 County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
10 sional Land Surveyor, dated July 22, 2010.
11 ALL that tract or parcel of land situate in Town of Dix, County of
12 Schuyler and State of New York being more particularly bounded and
13 described as follows: Beginning at a Point located along the Southerly
14 shore of Seneca Lake, said point being a North-easterly corner of lands
15 now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
16 543), and a North-westerly corner of other lands now or formerly of the
17 Village of Watkins Glen (Liber 323 of Deeds, page 567); Thence
18 1.) North 78 degrees 34 minutes 12 seconds East for a distance of
19 88.07 feet to a point, said point; Thence
20 2.) North 64 degrees 00 minutes 30 seconds East for a distance of 8.23
21 feet to a point; Thence
22 3.) South 86 degrees 21 minutes 39 seconds East for a distance of
23 56.87 feet to a point; Thence
24 4.) South 66 degrees 15 minutes 31 seconds East for a distance of
25 57.53 feet to a point; Thence
26 5.) South 05 degrees 33 minutes 07 seconds East for a distance of
27 20.00 feet passing through a point marked by a 5/8' steel rod with a
28 survey cap, (hereafter referred to as a survey marker), said point being
29 a North-westerly corner of lands now or formerly of Lembeck (Liber 288
30 of Deeds, page 143), continuing on the same course for an additional
31 20.22 feet for a combined distance of 40.22 feet to a point marked by a
32 survey marker; Thence
33 Through said lands of the Village of Watkins Glen (Liber 323 of Deeds,
34 page 569) the following seven (7) courses:
35 6.) North 49 degrees 55 minutes 31 seconds West for a distance of
36 28.14 feet to a point marked by a survey marker; Thence
37 7.) North 59 degrees 32 minutes 27 seconds West for a distance of
38 24.47 feet to a point marked by a survey marker; Thence
39 8.) North 13 degrees 51 minutes 22 seconds West for a distance of
40 12.65 feet to a point marked by a survey marker; Thence
41 9.) North 59 degrees 28 minutes 14 seconds West for a distance of
42 13.30 feet to a point; Thence
43 10.) North 19 degrees 41 minutes 48 seconds West for a distance of
44 10.96 feet to a point; Thence
45 11.) South 82 degrees 02 minutes 26 seconds West for a distance of
46 129.49 feet to a point; Thence
47 13.) South 73 degrees 38 minutes 23 seconds West for a distance of
48 15.39 feet to a point in the aforementioned division line between lands
49 of the Village of Watkins Glen and other lands of the Village of Watkins
50 Glen; Thence
51 14.) North 21 degrees 36 minutes 20 seconds West along said division
52 line for a distance of 8.76 feet to the Point or Place of Beginning.
53 Containing 0.066� acres (or 2869� square feet), all as shown on a "Map
54 of Lands Being Conveyed Between the Village of Watkins Glen and the
55 County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
56 sional Land Surveyor, dated July 22, 2010.
S. 4267--B 4 A. 6724--B
1 S 5. The conveyance of the easement authorized by the provisions of
2 this act shall not occur until the county of Schuyler has complied with
3 any federal requirements pertaining to the alienation or conversion of
4 parklands, including satisfying the secretary of the interior that the
5 alienation or conversion complies with all conditions which the secre-
6 tary of the interior deems necessary to assure that the substitution of
7 other lands be equivalent in fair market value and recreational useful-
8 ness to the lands being alienated or converted.
9 S 6. This act shall take effect immediately.