Authorizes Schuyler county to convey an easement through land located in Seneca Harbor Park to enable access to lakefront development.

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S4267B-2011 Actions

• Sep 23, 2011: SIGNED CHAP.563
• Sep 12, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: home rule request
• Jun 20, 2011: ordered to third reading rules cal.473
• Jun 20, 2011: substituted for a6724b
• Jun 15, 2011: referred to local governments
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 15, 2011: HOME RULE REQUEST
• Jun 7, 2011: AMENDED ON THIRD READING (T) 4267B
• Jun 6, 2011: AMENDED ON THIRD READING 4267A
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.674
• Mar 25, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S4267B-2011 Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011

S4267B-2011 Votes

S4267B-2011 Memo

BILL NUMBER:S4267B

TITLE OF BILL:
An act
to authorize the county of Schuyler to convey
an easement through land located in the county's
Seneca Harbor Park

PURPOSE:
Authorizes Schuyler County to convey an easement through land located
in Seneca Harbor Park to enable access to lakefront development

SUMMARY OF PROVISIONS:
Section 1. The county of Schuyler, acting by and through its county
legislature, is hereby authorized to convey by appropriate
instruments to Doris and Henry F.
Lembeck IV, an easement located in Seneca Harbor Park and described in
section three of this act, for the purpose of enabling access to
lakefront development.

Section 2. The authorization provided in section one of this act shall
be effective only upon the condition that the county of Schuyler
acquire and dedicate as parkland the lands described in section four
of this act. In the event that the land to be dedicated is less in
fair market value to the easement being granted, the county shall
dedicate the difference to either the acquisition of new parklands
and/or capital improvements to existing park and recreational
facilities.

Section 3. The easement to be conveyed by the county of Schuyler
pursuant to section one of this act described as follows: ALL THAT
TRACT OR PARCEL OF LAND situate in the Village of Watkins Glen,
County of Schuyler and State of New York.

Section 4. The land to be dedicated as parkland pursuant to section
two of this act is described as follows: ALL that tract or parcel
of land situate in Town of Dix,
County of Schuyler and State of New York being more particularly
bounded and described as follows: Beginning at a Point located along
the Southerly shore of Seneca Lake, said point being a North-easterly
corner of lands now or formerly of the County of Schuyler (Liber 377
of Deeds, page 298), and a North-westerly corner of lands now or
formerly of the Village of Watkins Glen (Liber 306 Deeds, page 543);
Thence

Section 6. This act shall take effect immediately.

JUSTIFICATION:
A 2008 study identified a critical housing shortage in Schuyler
County. Allowing Schuyler County to grant a permanent easement at
Seneca Harbor Park would allow access to lakefront development of
adjoining property and creation of a major economic asset for the
entire county. The portion of the park in question is currently
utilized as a parking/driveway area and such use will not change as a
result of this action. The aforementioned development is contingent


on Seneca Harbor Place, LLC obtaining access to their property
through this portion of the park.

LEGISLATIVE HISTORY:
2010 - S.8134A, A.11412A

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S4267B-2011 Text

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

      S. 4267--B                                            A. 6724--B
      Cal. No. 674

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                               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:


    Section 1. The county of Schuyler, acting by and  through  its  county
  legislature,  is  hereby authorized to convey by appropriate instruments
  to Doris and Henry F. Lembeck IV, an easement located in  Seneca  Harbor
  Park  and  described  in  section  three of this act, for the purpose of
  enabling access to lakefront development.
    S 2. The authorization provided in section one of this  act  shall  be
  effective  only  upon  the condition that the county of Schuyler acquire
  and dedicate as parkland the lands described in  section  four  of  this
  act.  In  the event that the land to be dedicated is less in fair market
  value to the easement being  granted,  the  county  shall  dedicate  the
  difference  to  either  the  acquisition of new parklands and/or capital
  improvements to existing park and recreational facilities.
    S 3. The easement to be conveyed by the county of Schuyler pursuant to
  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

    ALL THAT TRACT OR PARCEL OF LAND situate in  the  Village  of  Watkins
  Glen, County of Schuyler and State of New York, bounded and described as
  follows:

    Beginning  at  a  point  at  the  southeasterly corner of lands now or
  formerly owned by County of Schuyler (L. 266, P. 210), said  point  also
  described as being the northeasterly corner of Porter Street;
    Thence  N87�02'02"W,  along the dividing line between Porter Street on
  the south and the aforesaid lands of County of Schuyler on the north,  a
  distance of 65.99 feet to a point;
    Thence;  N31�49'51"E,  through lands of County of Schuyler, a distance
  of 140.32 feet to a point on the easterly boundary of lands of County of
  Schuyler;
    Thence S03�46'57"W, along said easterly boundary of lands of County of
  Schuyler, a distance of 122.90 feet to the point of beginning;  contain-
  ing 0.093 acre or 4.054 square feet, more or less.
    S  4.  The land to be dedicated as parkland pursuant to section two of
  this act is described as follows:

    ALL that tract or parcel of land situate in Town  of  Dix,  County  of
  Schuyler  and  State  of  New  York  being more particularly bounded and
  described as follows: Beginning at a Point located along  the  Southerly
  shore  of Seneca Lake, said point being a North-easterly corner of lands
  now or formerly of the County of Schuyler  (Liber  377  of  Deeds,  page
  298),  and  a  North-westerly  corner  of  lands  now or formerly of the
  Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
    1.) South 02 degrees 36 minutes 13 seconds West along a division  line
  between  said  lands  of the County of Schuyler to the West and lands of
  the Village of Watkins Glen to the East for a distance of 11.25 feet  to
  a point; Thence
    2.)  South 73 degrees 38 minutes 23 seconds West through said lands of
  the County of Schuyler for a distance of 13.83 feet to a point; Thence
    3.) North 02 degrees 36 minutes 13  seconds  East  continuing  through
  said  lands  of the County of Schuyler for a distance of 12.46 feet to a
  point located along the Southerly shore of Seneca Lake; Thence
    4.) North 78 degrees 29 minutes 52 seconds  East  for  a  distance  of
  13.48 feet to the Point or Place of Beginning.
    Containing 0.004� acres (or 155 � square feet), all as shown on a "Map
  of  Lands  Being  Conveyed  Between  the Village of Watkins Glen and the
  County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill,  Profes-
  sional Land Surveyor, dated July 22, 2010.
    ALL  that  tract  or  parcel of land situate in Town of Dix, County of
  Schuyler and State of New  York  being  more  particularly  bounded  and
  described  as  follows: Beginning at a Point located along the Southerly
  shore of Seneca Lake, said point being a North-easterly corner of  lands
  now  or  formerly  of  the  County of Schuyler (Liber 377 of Deeds, page
  298), and a North-westerly corner  of  lands  now  or  formerly  of  the
  Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
    1.)  North  78  degrees  36  minutes 20 seconds East for a distance of
  22.18 feet to a point, said point being a North-easterly corner of Lands
  now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
  543), and a North-westerly corner  of  lands  now  or  formerly  of  the
  Village of Watkins Glen (Liber 323 of Deeds, page 569); Thence
    2.)  South  21  degrees  36 minutes 20 seconds East along the division
  line between said lands of the Village of Watkins Glen for a distance of
  8.76 feet to a point; Thence
    3.) South 73 degrees 38 minutes 23 seconds West through said lands  of
  the  Village  of  Watkins  Glen  (Liber  306  of  Deeds, page 543) for a

 S. 4267--B                          3                         A. 6724--B

  distance of 26.55 feet to a point located an Easterly line of lands  now
  or  formerly  of  the County of Schuyler (Liber 377 of Deeds, page 298);
  Thence
    4.)  North  02  degrees 36 minutes 20 seconds East along said Easterly
  line of lands of the County of Schuyler for a distance of 11.25 feet  to
  the Point or Place of Beginning.
    Containing  0.005� acres (or 237� square feet), all as shown on a "Map
  of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
  County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
  sional Land Surveyor, dated July 22, 2010.
    ALL that tract or parcel of land situate in Town  of  Dix,  County  of
  Schuyler  and  State  of  New  York  being more particularly bounded and
  described as follows: Beginning at a Point located along  the  Southerly
  shore  of Seneca Lake, said point being a North-easterly corner of lands
  now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
  543), and a North-westerly corner of other lands now or formerly of  the
  Village of Watkins Glen (Liber 323 of Deeds, page 567); Thence
    1.)  North  78  degrees  34  minutes 12 seconds East for a distance of
  88.07 feet to a point, said point; Thence
    2.) North 64 degrees 00 minutes 30 seconds East for a distance of 8.23
  feet to a point; Thence
    3.) South 86 degrees 21 minutes 39 seconds  East  for  a  distance  of
  56.87 feet to a point; Thence
    4.)  South  66  degrees  15  minutes 31 seconds East for a distance of
  57.53 feet to a point; Thence
    5.) South 05 degrees 33 minutes 07 seconds  East  for  a  distance  of
  20.00  feet  passing  through  a point marked by a 5/8' steel rod with a
  survey cap, (hereafter referred to as a survey marker), said point being
  a North-westerly corner of lands now or formerly of Lembeck  (Liber  288
  of  Deeds,  page  143),  continuing on the same course for an additional
  20.22 feet for a combined distance of 40.22 feet to a point marked by  a
  survey marker; Thence
    Through said lands of the Village of Watkins Glen (Liber 323 of Deeds,
  page 569) the following seven (7) courses:

    6.)  North  49  degrees  55  minutes 31 seconds West for a distance of
  28.14 feet to a point marked by a survey marker; Thence
    7.) North 59 degrees 32 minutes 27 seconds  West  for  a  distance  of
  24.47 feet to a point marked by a survey marker; Thence
    8.)  North  13  degrees  51  minutes 22 seconds West for a distance of
  12.65 feet to a point marked by a survey marker; Thence
    9.) North 59 degrees 28 minutes 14 seconds  West  for  a  distance  of
  13.30 feet to a point; Thence
    10.)  North  19  degrees  41 minutes 48 seconds West for a distance of
  10.96 feet to a point; Thence
    11.) South 82 degrees 02 minutes 26 seconds West  for  a  distance  of
  129.49 feet to a point; Thence
    13.)  South  73  degrees  38 minutes 23 seconds West for a distance of
  15.39 feet to a point in the aforementioned division line between  lands
  of the Village of Watkins Glen and other lands of the Village of Watkins
  Glen; Thence
    14.)  North  21 degrees 36 minutes 20 seconds West along said division
  line for a distance of 8.76 feet to the Point or Place of Beginning.
    Containing 0.066� acres (or 2869� square feet), all as shown on a "Map
  of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
  County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
  sional Land Surveyor, dated July 22, 2010.

 S. 4267--B                          4                         A. 6724--B

    S 5. The conveyance of the easement authorized by  the  provisions  of
  this  act shall not occur until the county of Schuyler 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 secre-
  tary of the interior deems necessary to assure that the substitution  of
  other  lands be equivalent in fair market value and recreational useful-
  ness to the lands being alienated or converted.
    S 6. This act shall take effect immediately.