Authorizes the conveyance of certain parklands in the town of Hamlin in the county of Monroe to Sandy Creek Marina.

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S190-2011 Actions

• Feb 28, 2011: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 5, 2011: REFERRED TO LOCAL GOVERNMENT

S190-2011 Memo

BILL NUMBER:S190

TITLE OF BILL:
An act
in relation to authorizing the conveyance of certain parklands in the
town of Hamlin in the county of Monroe to Sandy Creek Marina

PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the conveyance of certain parklands in the Town of Hamlin
in the County of Monroe to Sandy Creek Marina.

SUMMARY OF SPECIFIC PROVISIONS:
Notwithstanding the provisions of any other law to the contrary, the
Commissioner of Environmental Conservation is hereby authorized to
enter into a contract, on behalf of and in the name of the state, for
the conveyance of fee title to a parcel of state park land in the
Town of Hamlin, in the county of Monroe.

JUSTIFICATION:
The small piece of land to be transferred back to Sandy Creek Marina
has never been used by the State and will never be used. Currently it
is a liability to the State as it is not properly maintained.
Authorizing the conveyance of this parkland will assist this small
business owner to function more profitably and put the business back
on the tax rolls.

PRIOR LEGISLATIVE HISTORY:
S.8040/A.11202 of 2009-2010; Referred to Local Government

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S190-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     190

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government

  AN ACT in relation to authorizing the conveyance of certain parklands in
    the town of Hamlin in the county of Monroe to Sandy Creek Marina

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Notwithstanding  the  provisions  of any other law to the
  contrary, the  commissioner  of  environmental  conservation  is  hereby
  authorized to enter into a contract, on behalf of and in the name of the
  state, for the conveyance of fee title to a parcel of state park land in
  the  town of Hamlin, in the county of Monroe, as more fully described in
  section three of this act, to Sandy Creek Marina.
    S 2. The authorization provided in section one of this  act  shall  be
  effective  only  upon  the  condition  that the state dedicate an amount
  equal to or greater than the fair market value  of  the  property  being
  alienated by this act for the acquisition of additional parklands and/or
  for capital improvements to existing park and recreational facilities.
    S  3. The lands authorized by this act to be discontinued as parklands
  are as follows:

    All that tract or parcel of land situate in the town of Hamlin, Monroe
  County, New York state and being bounded and described as follows:

    All that tract or parcel of land situated  in  part  of  Town  Lot  7,
  Section  10,  Township 5, Town of Hamlin, County of Monroe, State of New
  York and being more particularly described as follows:

    Beginning at a point in the east right-of-way of Lake Road East  Fork,
  said  point being the intersection of lands acquired by the State of New
  York and lands of Nancy Butcher;
    Thence northerly on a bearing of N 26�43'02" E a  distance  of  492.64
  feet to a point;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00704-01-1

 S. 190                              2

    Thence  westerly  on  a  bearing of N 65�26'38" W a distance of 100.00
  feet to a point;
    Thence  southerly  on  a bearing of S 15�09'53" W a distance of 498.98
  feet to a point, said point being the true point and place of beginning
    Subject to all covenants, easements and  restrictions  of  record,  if
  any,  affecting  said  premises as recorded in the Monroe County Clerk's
  office
    Being and hereby intended to describe a parcel of  land  having  0.565
  acres of land more or less, the same premises as shown on a map prepared
  by Maier Land Surveying.
    S  4.  In  the  event  that  the state received any funding support or
  assistance from the federal government for the purchase, maintenance  or
  improvement of the parklands set forth in section three of this act, the
  discontinuance  and  alienation  of  such  parkland  authorized  by  the
  provisions of section three of this act shall not occur until the  state
  has  complied with any federal requirements pertaining to the alienation
  or conversion of such parklands, including satisfying the  secretary  of
  the  interior that the alienation or conversion complies with all condi-
  tions which the secretary of the interior deems necessary to assure  the
  substitution  or  improvement of other lands shall be equivalent in fair
  market and usefulness to the lands being alienated or converted.
    S 5. The commissioner of environmental  conservation  shall  prescribe
  additional  terms  for the conveyance of lands as he or she deems neces-
  sary. Such contracts shall not  become  binding  upon  the  state  until
  approved by the director of the budget and the comptroller. Title to the
  land  to  be  conveyed  to  the state pursuant to the provisions of such
  contract shall be approved by the attorney general and the deed  to  the
  state shall be approved by the attorney general as to form and manner of
  execution  before  such  deed  shall be accepted on behalf of the state.
  Notwithstanding the provisions of the public lands law,  the  conveyance
  of  the  state  owned lands, pursuant to such contract, shall be without
  reservation or exception except as provided for in such  contract.  Upon
  certification  by  the commissioner of environmental conservation to the
  commissioner of general services of a copy of the contract  and  certif-
  ication  that  Sandy Creek Marina has complied with all terms and condi-
  tions of the contract upon its part to be kept and  performed,  together
  with  a  description of each of the parcels to be exchanged, the commis-
  sioner of general services shall convey all the right, title and  inter-
  est  of  the state in such land in accordance with the provisions of the
  contract.
    S 6. This act shall take effect immediately.