Bill S4560B-2013

Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany

Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany.

Details

Actions

  • Aug 11, 2014: SIGNED CHAP.294
  • Aug 1, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: home rule request
  • Jun 18, 2014: ordered to third reading rules cal.388
  • Jun 18, 2014: substituted for a7059b
  • Jun 17, 2014: referred to transportation
  • Jun 17, 2014: DELIVERED TO ASSEMBLY
  • Jun 17, 2014: PASSED SENATE
  • Jun 17, 2014: HOME RULE REQUEST
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 21, 2014: AMENDED 4560B
  • May 20, 2014: 1ST REPORT CAL.846
  • Jan 23, 2014: PRINT NUMBER 4560A
  • Jan 23, 2014: AMEND AND RECOMMIT TO FINANCE
  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to transportation
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 12, 2013: HOME RULE REQUEST
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1282
  • Jun 11, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 10, 2013: REFERRED TO FINANCE

Calendars

Votes

Memo

BILL NUMBER:S4560B

TITLE OF BILL: An act authorizing the commissioner of transportation to transfer certain lands in the county of Allegany to the town of Andover

PURPOSE:

Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany, for the purposes of operating the Town Highway Department.

SUMMARY OF PROVISIONS:

Section one, notwithstanding any other provision of law, authorizes the commissioner of transportation to transfer and convey, in whole or in part, lands located in the town of Andover, county of Allegany, for the sum of $1.

Section two sets forth the metes and bounds description of the parcel of land authorized to be transferred and conveyed to the town of Andover, which is approximately 2.855 acres of land.

Section three provides that application for the transfer or conveyance must include a survey of the property described in section 2 of the bill.

Section four provides that the Town of Andover must make an application to the DOT within one year affect the effective date in order for the transfer to occur.

Section five provides that the land transferred to the Town of Andover shall be used to advance the public purpose of providing lands for the storage of materials, and the storage, repair and maintenance of equipment needed to maintain the town high system, and it provides for the reversion of such lands back to the state if at any time the land ceases to be used for the purposes intended in this act.

Section five provides an immediate effective date.

JUSTIFICATION:

The New York State Department of Transportation (DOT) has agreed to allow the Town of Andover to use this land so long as it advances the public purpose of providing the town with additional lands for the storage of materials and the storage, repair and maintenance of equipment needed to maintain the town highway system. Several years ago, DOT informally abandoned the property, moving their operations to Wellsville. DOT no longer has use for the land.

Since DOT's informal abandonment of the property, the Town of Andover has occupied the property, obtained the appropriate Department of Environmental Conservation permits for the maintenance facility on the property, and has transferred the utilities to the town.

This legislation serves as a formality to a preexisting agreement between the Department of Transportation and the Town of Andover, Allegany County.

In summary, this legislation provides for the State of New York to transfer its former Department of Transportation sub-residency facility to a subdivision of the State (Town of Andover) for a sum of $1, requires that a survey of said property be provided during conveyance, requires the transfer of property to be subject to any provisions included in the legislation, states the amount of acreage to be transferred at 2.855 acres, and provides that all improvements on such land be included as a component of the transfer.

LEGISLATIVE HISTORY:

2013: S.4560/A.7059 Passed the Senate

FISCAL IMPLICATIONS:

None to State.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4560--B Cal. No. 846 2013-2014 Regular Sessions IN SENATE April 10, 2013 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit- tee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT authorizing the commissioner of transportation to transfer certain lands in the county of Allegany to the town of Andover 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 but notwithstanding any other provision of law to the contrary, the commissioner of trans- portation is hereby authorized to transfer and convey to the town of Andover, in consideration of one dollar and upon such other consider- ation as the commissioner may deem proper, unused land formerly used as a department of transportation sub-residency facility, and any improve- ments thereon, located in the town of Andover, the county of Allegany. S 2. The land situated in the county of Allegany to be transferred and conveyed pursuant to section one of this act, is further described as follows: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town of Andover, in the County of Allegany and State of New York, being part- ly within and partly without the Village of Andover, being a part of Lot No. 81 in Township 2, Range 7, of Phelps and Gorhams Purchase and more particularly bounded and described as follows: BEGINNING at a point on the easterly line of the Andover-Alfred Station-Almond State Highway No. 5502 where the same is intersected by the division line between premises of the said party of the first part, on the south, and premises formerly owned by Roswin Hardy but now owned
by Kenneth Waters (reputed owner), on the north, and running thence along said division line South 89°36'20" East 140.21 feet to the divi- sion line between said premises of said party of the first part, on the west, and premises of Wilmer C. Atwell and Margaret R. Atwell, his wife (reputed owners), on the east; thence along said last mentioned division line South 18°02'10" East 278.16 feet to the division line between said premises of said party of the first part, on the west, and premises of Herman Lehman (reputed owner), on the east; thence along said last mentioned division line and the division line between said premises of said party of the first part, on the west, and premises of Donald L. Nichols and Reva J. Nichols, his wife (reputed owners), on the east, South 18°19'40" West 192.72 feet to an angle in said last mentioned division line; thence along the division line between said premises of said party of the first part, on the west, and said premises of Donald L. Nichols and Reva J. Nichols, his wife (reputed owners), and premises of Harold E. Dodge and Barbara J. Dodge, his wife (reputed owners), on the east, South 66° 18' 20" West 213.18 feet to the division line between said premises of said party of the first part, on the west, and premises of John Dodge and Esther E. Dodge, his wife (reputed owners), on the east; thence along said last mentioned division line South 52°59'20" West 110.07 feet to the division line between said premises of said party of the first part on the West, and the premises of Ralph Skinner and Wilma Skinner, his wife (reputed owners), on the east; thence along said last mentioned division line South 43° 27' 50" West 195.87 feet to its intersection with the easterly line of the Andover Village State Highway No. 5419; thence along said easterly line of said highway and the easterly line of the Andover-Alfred Station-Almond State Highway No. 5502 the following three courses and distances, to wit: (1) North 33° 57' 10" East 203.89 feet; (2) thence North 16°40'20" East 455.67 feet, and (3) thence North 03° 09' 40" East 136.24 feet to the point and place of beginning, containing 2.855± acres, of which 1.170± acres lie within the Village of Andover and 1.145± acres lie outside the Village of Andover; all bearings being referred to True North. TOGETHER WITH all the right, title and interest, if any, of the said party of the first part in and to all that portion of the highway lying opposite and abutting said premises on the west, to the center line thereof, as said highway existed on March 2, 1899. S 3. The description in section two of this act of the land to be conveyed is not intended to be a legal description but is intended to identify the parcel to be conveyed. As a condition of the purchase, the town of Andover shall submit to the commissioner of transportation, for his or her approval, an accurate survey and description of the lands to be conveyed, which shall be used in the conveyance thereof. S 4. The commissioner of transportation shall not transfer or convey the land described in section two of this act unless application is made by the town of Andover within one year after the effective date of this act. S 5. The land described in section two of this act shall be used by the town of Andover to advance the public purpose of providing such town with additional lands for the storage of materials, and the storage, repair and maintenance of equipment needed to maintain the town highway system and upon termination of such use title to the lands so trans- ferred along with any improvements made thereto shall revert to the state of New York. S 6. This act shall take effect immediately.

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