Relates to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act in relation to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the Town of Amherst, located in Erie County, to discontinue the use of certain lands as parkland.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1- authorizes the Town of Amherst to discontinue as parklands certain land as described in Section 3 of this act in exchange for the land described in Section 4 of this act.
Section 2- makes authorization to discontinue effective only upon dedication of lands described in section 4 as parklands.
Section 3- describes the lands to be discontinued as parklands.
Section 4- describes the lands to be dedicated as parklands.
Section 5- provides that in the event replacement lands are not equal to lands being replaced, the Town of Amherst will dedicate the difference in fair market value in order to acquire additional parklands and/or for improvements to the existing park and recreational facilities.
Section 6- provides that discontinuance shall not occur until the Town of Amherst has complied with any federal requirements.
Section 7- provides that the act shall take effect immediately.
This bill has been introduced at the request of the Town of Amherst. The parcel to be discontinued as parkland was intended to be conveyed and used by the North Amherst Fire Company for firematic, recreation and parking purposes, and in fact is being used for those public purposes. The Town has now been advised that although this parcel was never specifically designated as parkland, it was in fact deemed parkland and must be discontinued as parkland and replacement lands identified.
PRIOR LEGISLATIVE HISTORY:
None to the state.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2345--A Cal. No. 432 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- reported favorably from said commit- tee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT in relation to the alienation and substitution of certain park- lands in the town of Amherst in the county of Erie THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subject to the provisions of this act, the town of Amherst, in the county of Erie, acting by and through its town board, is hereby authorized to discontinue as parklands and alienate, the lands described in section three of this act. S 2. The authorization contained in section one of this act shall take effect only upon the condition that the town of Amherst shall acquire and dedicate the lands of equal or greater fair market value described in section four of this act as additional parklands of the town. S 3. The lands authorized by section one of this act to be discontin- ued as parklands are as follows: ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun- ty of Erie and State of New York being part of Lot No. 27, Township 13, Range 7 of the Holland Land Company Survey, described as follows: Beginning at the point of beginning of the New York State Canal Corpo- ration Abandonment of the Town of Amherst by Deed recorded in Liber 11007 of Deeds at page 740 on May 29, 2002; thence north 62Á 50' 00" east a distance of 27.66 feet to a point; thence north 64Á 39' 00" east a distance of 65.05 feet to a point; thence north 67Á 29' 00" east a distance of 64.65 feet to a point; thence north 70Á 57' 00" east a distance of 64.72 feet to a point thence north 73Á 31' 00" east a distance of 197.15 feet to a point; thence north 75Á 31' 00" east aEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05562-07-3 S. 2345--A 2
distance of 65.20 feet to a point; thence north 77Á 29' 00" east a distance of 64.98 feet to a point; thence north 80Á 15' 00" east a distance of 65.43 feet to a point; thence north 80Á 24' 00" east a distance of 65.68 feet to a point; thence north 82Á 17' 00" east a distance of 65.63 feet to a point; thence north 82Á 49' 00" east a distance of 65.80 feet to a point; thence north 83Á 30' 00" east a distance of 65.47 feet to a point; thence north 85Á 02' 00" east a distance of 65.50 feet to a point; thence north 85Á 24' 00" east a distance of 329.65 feet to a point; thence north 89Á 02' 00" east a distance of 265 feet to a point; thence south 00Á 00' 00" west a distance of 177.55 feet to a point in the northerly line of Tonawanda Creek Road; thence south 84Á 30' 37" west and along the northerly line of Tonawanda Creek Road a distance of 275.35 feet to a point; thence continuing southwesterly along the radius of the north line of Tonawanda Creek Road a distance of 689.94 feet to a point; thence south 62Á 56' 39" west and continuing along the northerly line of Tonawanda Creek Road a distance of 607.01 feet to a point; thence southerly 75Á 52' 37" west a distance of 58.54 feet to the southwest corner of lands conveyed by Liber 3030 of Deeds at page 441; thence north 07Á 06' 50" east and along the westerly line of lands conveyed by Deed recorded in Liber 3030 of Deeds at page 441 a distance of 153.14 feet to the northwest corner of lands conveyed by the last mentioned deed; thence north 75Á 28' 00" east and along the northerly line of lands conveyed by Deed recorded in Liber 3030 at page 441 a distance of 22.21 feet to a point; thence north 01Á 06' 56" east and along the easterly line of New York State Canal Corpo- ration's Abandonment to the Town of Amherst by Deed recorded in Liber 11,007 at page 0740 a distance of 275.22 feet to the point or place of beginning. Containing 9.18 acres more or less. Excepting therefrom those lands conveyed by Deed recorded in the Erie County Clerk's Office in Liber 3030 of Deeds at Page 441; Liber 9090 of Deeds at page 545 and Liber 9164 of Deeds at page 580. Excepting therefrom, the Reservations contained in a Deed to the gran- tor herein recorded in Liber 11007 of Deeds at page 074 and further subject to designation as parkland in a contract between the Town of Amherst and the New York State Office of Parks, Recreation, and Historic Preservation, dated June 27, 2001, and providing that the grantor will provide continued maintenance of the existing eight foot wide macadam Bike Path transversing the property hereby conveyed in accordance with the Trail Guidelines contained in the Canal Recreation Way Plan as such plan exists on the date of this conveyance. S 4. Prior to the discontinuance and alienation of the parkland described in section three of this act, the town of Amherst, acting through its town board, shall acquire and dedicate replacement lands for use as parkland for public park purposes, with such replacement lands, being of equal or greater fair market value, as follows: ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst, County of Erie, State of New York being part of Lot 102, Township 12, Range 7 of the Holland Land Survey (so-called) bounded and described as follows: Beginning at a point in the west line of Lot 102 at its intersection with the south line of lands conveyed to George Biser by Deed recorded in the Erie County Clerk's Office in Liber 154 of Deeds at page 429; THENCE: S-88Á-17'-07"-E, along said south line and the south line of lands shown on a subdivision map of Hunter's Woods East recorded in theS. 2345--A 3
Erie County Clerk's Office under Cover No. 2395 a distance of 2,367.45 feet to the centerline of Smith Road; THENCE: S-47Á-10'-26"-E, along said centerline a distance of 549.63 feet to the south line of lands conveyed to Joseph Neuhaus by Deed recorded in Liber 1270 of Deeds at page 370; THENCE: N-88Á-09'-11"-W, along said south line a distance of 2,780± feet to the west line of lot 102; THENCE: N-00Á-24'-46"-E, along said west line a distance of 355.08 feet to the point of beginning containing 19.95 acres more or less exclusive of the area lying within the bounds of Smith Road. Containing 20.95 acres more or less. S 5. In the event that the parklands to be dedicated by the town of Amherst pursuant to this act are not equal to or greater than the fair market value of the parkland to be discontinued, the town of Amherst shall dedicate the difference of the fair market value of the lands to be alienated and the lands to be dedicated for the acquisition of addi- tional parklands and/or for capital improvements to existing park and recreational facilities. S 6. In the event that the town of Amherst 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 author- ized by the provisions of section three of this act shall not occur until the town of Amherst 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 conver- sion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market and usefulness to the lands being alienated or converted. S 7. This act shall take effect immediately.