Bill S3488-2011

Authorizes town of Webster, Monroe County, to discontinue the use of certain lands as parklands

Authorizes town of Webster, Monroe County, to discontinue the use of certain lands as parklands.

Details

Actions

  • Jul 20, 2011: SIGNED CHAP.194
  • Jul 8, 2011: DELIVERED TO GOVERNOR
  • Jun 16, 2011: returned to senate
  • Jun 16, 2011: passed assembly
  • Jun 16, 2011: home rule request
  • Jun 16, 2011: ordered to third reading rules cal.331
  • Jun 16, 2011: substituted for a6019
  • May 3, 2011: referred to local governments
  • May 3, 2011: DELIVERED TO ASSEMBLY
  • May 3, 2011: PASSED SENATE
  • May 3, 2011: HOME RULE REQUEST
  • May 2, 2011: ADVANCED TO THIRD READING
  • Apr 13, 2011: 2ND REPORT CAL.
  • Apr 12, 2011: 1ST REPORT CAL.338
  • Feb 23, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Apr 12, 2011
Ayes (13): Little, Ball, Bonacic, Griffo, Grisanti, Marcellino, Ritchie, Serrano, Adams, Duane, Kennedy, Klein, Valesky
Excused (1): Gallivan

Memo

BILL NUMBER:S3488

TITLE OF BILL: An act to authorize the town of Webster, in the county of Monroe, to discontinue the use of certain lands as parklands

PURPOSE OR GENERAL IDEA OF BILL: This bill would authorize the town of Webster to discontinue certain land as parklands; to sell and convey the land for commercial purposes; and in exchange for the conveyance, dedicate other land within the town - donated to the town and being of an equal or greater fair market value than the land conveyed - as additional parkland.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 authorizes the town of Webster to discontinue as parklands and alienate, sell and convey the lands described in section three of this act for the purpose of enabling an adjacent shopping plaza to expand and construct additional parking and, in exchange for the conveyance, dedicate as parklands the lands described in section four of this act.

Section 2 sets forth the condition that the lands described in section four of this act must be of equal or greater fair market value than the lands being alienated, and that the lands described in section four must be donated to the town of Webster and must be dedicated as additional parklands.

Section 3 defines the land to be alienated, sold and conveyed, as set forth in section one of this act.

Section 4 defines the land to be donated to and dedicated by the town of Webster as parkland.

Section 5 states that in the event that the replacement parklands to be dedicated by the town of Webster are not of equal or greater fair market value and usefulness as parklands than the parklands to be discontinued, the town of Webster shall dedicate the difference of fair market value and/or usefulness of the lands to be alienated and the lands to be dedicated for the acquisition of additional parklands and/or capital improvements to existing park and recreational facilities.

Section 6 states that the discontinuance and conveyance of parklands authorized by the provisions of this act shall not occur until the town of Webster has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion 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 value and recreational usefulness to the lands being alienated or converted.

Section 7 sets the effective date.

JUSTIFICATION: This legislation is the result of a home rule request by the town of Webster, which would like to exchange 1.325 acres of isolated parkland adjacent to a shopping plaza to gain 2.65 acres of land adjacent to existing parkland, allowing it to expand a more usable park.

The 1.325 acres of Webster Park Land was given to the town years ago by the state as surplus land after the Route 104 project was complete, and is adjacent to an existing shopping plaza. At the current time, the town has an easement on private property behind the plaza, which is used as an entrance to the town hall. The plaza owner has requested that the easement be rescinded so that he can enlarge the plaza with more tenants - which will require more parking spaces thus resulting in more economic development for the town - and that he be allowed to purchase the 1.325 acres for the required parking spaces.

In return for the 1.325 acres of park land, the plaza owner will build the town a new access road for the town hall, and will purchase 2.65 acres of land next to an existing town park, which will enhance the park surrounding the town's new baseball stadium and will provide more usable park space for use by town residents.

The town views this as a means to enhance its tax base, create more employment opportunities and expand its usable park space.

PRIOR LEGISLATIVE HISTORY: S.8108 of 2009/2010

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No fiscal impact to the state. As part of the exchange, the town of Webster will receive land of an equal or greater value than that which they are selling, and as a result, will benefit economically from the exchange.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3488 2011-2012 Regular Sessions IN SENATE February 23, 2011 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to authorize the town of Webster, in the county of Monroe, to discontinue the use of certain lands as parklands 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 Webster, in the county of Monroe, acting by and through its town board, is hereby authorized to discontinue as parklands and alienate, sell and convey the lands described in section three of this act. S 2. The authorization granted in section one of this act shall take effect upon the condition that the lands described in section four of this act to be acquired and dedicated as parkland by the town of Webster are of equal or greater fair market value than the fair market value of the lands being alienated by this act. S 3. The lands authorized by section one of this act to be discontin- ued as parklands are located on Hard road in the town of Webster, Monroe county; comprise a total of 1.325 acres more or less; are identified as part of Monroe county tax map #79.11-01-0; and are particularly described as follows: All that tract or parcel of land situate in part of Town Lot 47, Town of Webster, County of Monroe, State of New York, and being more partic- ularly bounded and described as follows: Commencing at the intersection of the northerly bounds of Ridge Road East - New York State Route 404 (66' R.O.W.) and the easterly bounds of Hard Road (66' R.O.W.); thence A. N00°46'55"E, along said easterly bounds of Hard Road, a distance of 698.15 feet to a point; thence B. N04°56'00"E, along said easterly bounds of Hard Road, a distance of 436.03 feet to the point and place of beginning, said point and place of
beginning being on the common line between lands now or formerly owned by GBR Webster Limited Liability Company (T.A. #79. 15-01-03) to the south and lands now or formerly owned by the Town of Webster (T.A. #79.11-01-10) to the north; thence 1. N04°56'00"E along said easterly bounds of Hard Road, a distance of 190.53 feet to a point; thence 2. S84°57'39"E, a distance of 238.70 feet to a point; thence 3. Along a curve to the right having a delta angle of 90°00'00", a radius of 70.00 feet, and an arc distance of 109.96 feet, said curve also having a chord of S39°57'39"E 98.99 feet to a point; thence 4. S05°02'21"W, a distance of 120.53 feet to a point; thence 5. N84°57'39"W, a distance of 308.34 feet to the point and place of beginning. Containing 1.325 acres of land, more or less. S 4. The replacement lands to be acquired and dedicated by the town of Webster as parkland for public park purposes are located in the town of Webster, Monroe county; comprise a total of 2.650 acres more or less; are identified as part of Monroe tax map #66.30-01-6.002; and are particularly described as follows: All that tract or parcel of land situate in the Town of Webster, Coun- ty of Monroe, State of New York, all as shown on a map entitled "Boulter Industrial Park Lot 3, Subdivision Map", prepared by Costich Engineer- ing, P.C., having Drawing No. 1755 VS100, dated 1/21/2010, last revised 3/3/2010, map to be filed in the Monroe County Clerk's Office and being more particularly bounded and described as follows: Commencing at the northwesterly corner of Boulter Industrial Parkway, as shown on "Boulter Industrial Park Lot 4, Subdivision Map" prepared by Costich Engineering, P.C. and filed with the Monroe County Clerk's Office in Liber 303 of Maps, Page 20; thence A. N01°36'31"W, a distance of 6.00 feet to a point; thence B. S88°23'29"W, a distance of 25.00 feet to a point; thence C. Along a non-tangent curve to the left having a delta angle of 42°57'41", a radius of 236.00 feet, and an arc length of 176.96 feet, said curve also having a chord of S66°54'48"W 172.84 feet to a point; thence D. Southwesterly along a curve to the left having a delta angle of 09°13'23", a radius of 235.97 feet, and an arc length of 37.98 feet, said curve also having a chord of S40°48'46"W 37.94 feet to a point; thence E. Southwesterly along a non-tangent curve to the right having a delta angle of 53°08'37", a radius of 270.00 feet, and an arc length of 250.43 feet, said curve also having a chord of S62°46'41"W 241.55 feet to a point; thence F. S89°20'59"W, a distance of 222.02 feet to the point and place of beginning; thence 1. S89°20'59"W, a distance of 200.00 feet to a point; thence 2. N00°39'02"W, a distance of 577.25 feet to a point; thence 3. N89°20'59"E, a distance of 200.00 feet to a point; thence 4. S00°39'02"E, a distance of 577.25 feet to the point and place of beginning. Containing 2.650 acres of land, more or less. S 5. In the event that the replacement parklands to be acquired and dedicated by the town of Webster pursuant to this act are not of equal or greater fair market value than the parklands to be discontinued, the town of Webster shall dedicate the difference of fair market value of the lands to be alienated and the lands to be dedicated for the acquisi- tion of additional parklands and/or capital improvements to existing park and recreational facilities.
S 6. The discontinuance and conveyance of parklands authorized by the provisions of this act shall not occur until the town of Webster has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the inte- rior that the alienation or conversion 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 value and recreational usefulness to the lands being alienated or converted. S 7. This act shall take effect immediately.

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