S T A T E   O F   N E W   Y O R K
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                                  5142

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

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

AN ACT to authorize the town of Hamburg, County  of  Erie,  to  alienate
  certain  parklands by conveying to Sharma Development LLC, an easement
  through certain town parkland to be used  to  install  an  underground
  private sanitary sewer line to connect to the existing public sanitary
  sewer infrastructure

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

  Section 1. (a) The town of Hamburg, County  of  Erie,  acting  by  and
through  its  town  board, is hereby authorized to convey by appropriate
instruments to Sharma Development, LLC, an easement  over  certain  town
parkland,  described  in  section  three of this act, for the purpose of
enabling Sharma Development, LLC to bore underneath  said  parkland  and
install,  and  repair when necessary, a private sanitary sewer line that
would connect the proposed medical park property to the  existing  sani-
tary  sewer  infrastructure  in  the  Coachmans  Lane Right of Way. Upon
completion of installation,  the  town  of  Hamburg  shall  restore  the
surface  of  the  lands and the lands shall continue to be used for park
purposes.
  (b) Should the grantee cease to use the lands for the private sanitary
sewer easement purposes stated above, pursuant to this act, the easement
shall immediately terminate and the lands shall revert to  the  town  of
Hamburg.
  (c)  All revenues received by the town from the easement shall be used
for the acquisition of additional park and recreational  facilities,  or
the  financing  of capital improvements for public park and recreational
purposes, as required.
  S 2. The authorization provided in section one of this  act  shall  be
subject  to  the  requirement  that  upon  alienation  of the lands more
particularly described in section three of this act, the town of Hamburg

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10922-01-3
              

S. 5142                             2

shall dedicate an amount equal to or greater than the fair market  value
of the easement interest being alienated pursuant to section one of this
act  to  the acquisition of new parklands and/or capital improvements to
existing park and recreational facilities within the town of Hamburg.
  S  3.  The  easement to be conveyed by the town of Hamburg pursuant to
the provisions of this act is over lands described as follows:
  ALL that certain plot or  parcel  of  land  located  in  the  Town  of
Hamburg, County of Erie, State of New York, being part of Lot number 34,
Township,  9  Range  8  of the Holland Land Company's survey bounded and
described as follows:
  Beginning at a point on the southerly line of Coachman's Lane  at  the
northeast  corner  of sub lot 97 as shown on Map Cover 2543 filed at the
Erie County Clerk's office; said point also being the  northwest  corner
of  a  20  foot  wide  access strip owned by the Town of Hamburg; thence
running southerly along the east line of said sub lot 97 125.00 feet  to
a  point marking the southeast corner of said sub lot 97; thence running
southerly, 95 feet west of and parallel to the easterly line of lands of
the Town of Hamburg recorded in the Erie County Clerk's office at  liber
10995,  page 8000 of deeds, 1,360 ± feet to a point on the north line of
lands conveyed to Sharma Development LLC by deed recorded  in  the  Erie
County  Clerk's  office at liber 11208 page 397 of deeds, thence running
easterly along said north line of Sharma 20  feet  to  a  point;  thence
running northerly and parallel to the said easterly line of lands of the
Town of Hamburg, 1,362 ± feet to a point, said point being the southwes-
terly  corner  of  sub lot 98 as shown on Map Cover 2543; thence running
northerly along the westerly line of said sub lot 98, 125.00 feet  to  a
point  on the southerly line of Coachman's Lane; thence running westerly
along the southerly line of Coachman's Lane 20  feet  to  the  place  or
point  of  beginning. The aforementioned description refers to a 20 foot
wide easement through lands currently owned by the Town of  Hamburg  for
the purpose of constructing a private sanitary sewer service.
  S 4. This act shall take effect immediately.