S T A T E   O F   N E W   Y O R K
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                                  5608

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 6, 2011
                               ___________

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

AN ACT to authorize the town of Amherst, county of Erie  to  discontinue
  the  use of certain city lands as parkland and to sell and convey such
  lands

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

  Section  1.  The town of Amherst, county of Erie, is hereby authorized
to discontinue as parklands and alienate,  sell  and  convey  the  lands
described  in  section three of this act and in exchange therefor, dedi-
cate as parklands the lands described in section four of this act,  such
land to be used for park purposes.
  S 2. The authorization contained in section one of this act shall only
be effective on the condition that the town of Amherst acquire and dedi-
cate  as parklands the lands described in section four of this act, such
land to be used for park purposes.
  S 3. The lands to be discontinued as parklands and alienated, sold and
conveyed are described as follows:
  ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, Coun-
ty of Erie and State of New York, being part of Lot No. 55, Township 13,
Range 7 of the Holland Land Company's Survey, described as follows:
  BEGINNING at the point of intersection of the centerline of New  Road,
being  the  west  line of Lot No. 55 (New Road being sixty-six (66) feet
wide) and the original centerline of Millersport Highway (the southeast-
erly boundary line of Millersport Highway being forty (40.0) feet south-
easterly from said original centerline as measured at right angles ther-
efrom) running thence north 38°18'45"  east,  along  the  centerline  of
Millersport  Highway,  a  distance of five hundred fifty-two and ninety-
four hundredths (552.94) feet  to  the  southwesterly  corner  of  lands
conveyed to Flaps Rickenbacker Enterprises, Inc. by deed recorded in the
Erie  County  Clerk's  Office  in  Liber 7174 of Deeds page 123; running

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11976-01-1
              

S. 5608                             2

thence south 51°41'15" east, along the southwesterly line of said  Rick-
enbacker  lands,  a distance of one hundred sixty-five (165) feet to the
southeasterly corner thereof; running thence north 38°18'45" east, along
the  southeasterly  line  of  said Rickenbacker lands, a distance of one
hundred (100) feet to the northeasterly corner  thereof,  being  on  the
southwesterly  line  of lands conveyed to Joseph Horner by deed recorded
in said Clerk's Office in Liber 4715  of  deeds  at  page  474;  running
thence south 51°41'15" east, along the southwesterly line of said Horner
lands,  a  distance  of one hundred eighty-five (185) feet to the south-
easterly corner thereof; running thence north 38°18'45" east, along  the
southeasterly  line  of  said  Horner lands, and along the southeasterly
line of lands conveyed to  J.A.  Felicetta  be  deed  recorded  in  said
Clerk's  Office  in Liber 6642 of deeds at page 506, a distance of three
hundred (300) feet to a point being the true point and place  of  begin-
ning;  running thence north 38°18'45" east along the southeasterly line,
land conveyed to J.A. Felicetta by deed recorded in Liber 6642 of  deeds
at  page  506,  a  distance  of  two  hundred sixty-nine and twenty-nine
hundredths (269.29) feet to the northeasterly corner of  said  Felicetta
lands, being on the northerly line of Lot No. 55; running thence easter-
ly  along  the northerly line of Lot No. 55, being the northerly line of
lands formerly of Community Development and Land Corporation as conveyed
by deed recorded in said Clerk's Office in Liber 7764 of Deeds  at  page
489,  a  distance  of  one  thousand seven hundred forty-nine and thirty
hundredths (1749.30) feet  to  the  northeast  corner  thereof;  running
thence south 01°33'44" west, along the former east line of said Communi-
ty Development and Land Corp. lands, a distance of three hundred six and
seventy-four  hundredths  (306.74)  feet; running thence north 89°12'50"
west, parallel with the north line of Lot No. 55, a  distance  of  eight
hundred fifty-one and seventy hundredths (851.70) feet to a point on the
west  line  of  lands  conveyed  to  Raymond  and Erna Bitterman by deed
recorded in said Clerk's Office in Liber 2689 of Deeds page 111; running
thence south 01°39'33" west, along  the  west  line  of  said  Bitterman
lands,   a  distance  of  four  hundred  eighty  seven  and  seventy-six
hundredths (487.76) feet to the northeast corner of  lands  conveyed  by
Amherst  Airpark,  Inc. to the United States of America by deed recorded
in said Clerk's Office in Liber 5895 of Deeds page 320;  running  thence
north  89°12'50"  west,  along  the  north line of said United States of
America lands, a distance of five hundred five (505) feet  to  a  corner
thereon;  running  thence  south  41°14'00"  west,  continuing along the
northerly line of said United States of America lands, a distance of one
hundred fifty-four and fifty-five hundredths (154.55) feet to  a  corner
thereon;  running thence north 89°12'50" west parallel to the north line
of Lot No. 55 continuing along the north line of said Bitterman lands, a
distance  of  three  hundred  thirty-eight  and  eighty-five  hundredths
(338.58)  feet  to  a  point;  running  thence  north  01°28'10" east, a
distance of four hundred twenty  and  seventy-five  hundredths  (420.75)
feet  to  a  point;  running  thence north 51°41'15" west, a distance of
fifty-seven and eighty eight hundredths (57.88) feet to a point; running
thence north 38°18'45" west, a distance of one hundred fifty (150)  feet
to  a  point;  running  thence  north  51°41'15" west, a distance of two
hundred (200) feet to the point and place of beginning containing 24.51±
acres of land.
  S 4. The replacement lands to be dedicated by the town of  Amherst  to
use  as  parkland  for  public  park purposes are located in the town of
Amherst, Erie county comprise a total of 41.21 acres more  or  less  and
particularly described as follows:

S. 5608                             3

  ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, Coun-
ty  of Erie, State of New York, being part of Lot 55, Township 13, Range
7 of the  Holland  Land  Company's  Survey,  bounded  and  described  as
follows:
  BEGINNING  at  a  point  in  the  centerline  of Smith Road (a 66 foot
R.O.W.), distant 49.59 feet westerly  from  its  intersection  with  the
centerline of Dann Road (a 49.5 foot R.O.W.);
  THENCE,  northerly  at an angle of 61°23'13" measured in the northwest
quadrant a distance of 1860.00 feet to a point, said point being  324.13
feet  south of the southeast corner of premises convey to the Foundation
for Jewish Philanthropies by deed recorded in the  Erie  County  Clerk's
Office  in Liber 9919 of Deeds at page 12, said point also being distant
629.55 feet southerly from the north line of Lot 55, as  measured  along
the  east  line  of  said premises conveyed to the Foundation for Jewish
Philanthropies as extended;
  THENCE, westerly and parallel to  the  south  line  of  said  premises
conveyed  to  the Foundation for Jewish Philanthropies and parallel with
the north line of Lot 55, at an  angle  of  89°11'04"  measured  in  the
southwest  quadrant from the last described course, a distance of 851.70
feet to a point on the west line of premises  conveyed  to  Raymond  and
Erna  Bitterman  by  deed  recorded in the Erie County Clerk's Office in
Liber 2589 of Deeds at page 111;
  THENCE, southerly along the said west line  of  premises  conveyed  to
Raymond and Erna Bitterman, at angle of 90°45'07" measured in the south-
east  quadrant from the last described course, a distance of 163.63 feet
to the northeast corner of premises conveyed to Raymond and Erna Bitter-
man by deed recorded in the Erie County Clerk's Office in Liber 7422  of
Deeds  at  page  527,  said  point also being a southeast corner of said
premises conveyed to the Foundation for Jewish Philanthropies;
  THENCE, westerly along the south line of said premises conveyed to the
Foundation for Jewish Philanthropies, and parallel with the  north  line
of said Lot 55, at an angle of 90°45'07" measured in the northwest quad-
rant  from  the  last  described  course, a distance of 505.00 feet to a
point;
  THENCE, southwesterly and continuing along the said south line of  the
premises  conveyed  to  the  Foundation for Jewish Philanthropies, at an
angle of 130°57'01" measured in the southeast  quadrant  from  the  last
described course, a distance of 153.71 feet to a point;
  THENCE,  westerly  continuing  along  the  said south line of premises
conveyed to the Foundation for Jewish Philanthropies, and parallel  with
the north line of said Lot 55, at an angle of 229°02'59" measured in the
southeast  quadrant from the last described course, a distance of 388.85
feet to a point in an easterly line of said  premises  conveyed  to  the
Foundation  of  Jewish  Philanthropies,  said point being distant 230.28
feet northerly from the northeast corner of  premises  conveyed  to  the
Alfred  J. Jurek Post 1672 of the American Legion Inc., by deed recorded
in the Erie County Clerk's Office in Liber 6150 of Deeds at page 102;
  THENCE, southerly along a easterly line of said premises  conveyed  to
the  Foundation  for Jewish Philanthropies and also continuing along the
easterly line of said premises conveyed to the Alfred J. Jurek Post,  at
an  angle  of 90°46'58" measured in the southeast quadrant from the last
described course, a distance of 362.66 feet to a point, said point being
the northwest corner of land conveyed to the Town  of  Amherst  by  deed
recorded  in  the  Erie  County Clerk's Office in Liber 7993 of Deeds at
page 225;

S. 5608                             4

  THENCE, southeasterly along the north line of said  premises  conveyed
to the Town of Amherst, at an angle of 108°24'42" measured in the north-
east quadrant from the last described course, a distance of 1046.95 feet
to a point in the westerly line of said premises conveyed to Raymond and
Erna Bitterman by deed recorded in Liber 2589 of Deeds at page 111, said
point also being the northeaster corner of premises conveyed to the Town
of Amherst by deed recorded in Liber 7993 of Deeds at page 225;
  THENCE,  northerly  along  the  said west line of premises conveyed to
Raymond and Erna Bitterman, at an angle of  71°33'27"  measured  in  the
northwest  quadrant from the last described course, a distance of 202.30
feet to a point, said point  being  the  northwest  corner  of  premises
conveyed  to  Richard E., Paul L. and Louise Roehmholdt by deed recorded
in the Erie County Clerk's Office in Liber 4490 at page 224;
  THENCE, southeasterly along the north line of said  premises  conveyed
to  Roehmholdt  and  parallel  with  the centerline of Smith Road, at an
angle of 61°19'24" measured in the  southeast  quadrant  from  the  last
described course, a distance of 300.00 feet to a point, said point being
the northeast corner of said premises conveyed to Roehmholdt;
  THENCE,  southerly  and  parallel  with the west line of said premises
conveyed to Roehmholdt, at an angle of 118°40'36" measured in the south-
west quadrant from the last described, a distance of 600.00  feet  to  a
point in the centerline of said Smith Road;
  THENCE,  southeasterly along the centerline of Smith Road, at an angle
of 118°40'36" measured in the northeast quadrant from the last described
course, a distance of 667.95 feet to the point or place of beginning;
  Excepting therefrom that portion of premises lying within  the  bounds
of Smith Road.
  Said premises containing 41.21 acres more or less.
  S  5. In the event that the replacement town parklands to be dedicated
in section four of this act are not equal to the size of the lands to be
alienated in section three of this act, or are not equal to  or  greater
than the fair market value of the lands to be alienated in section three
of  this  act,  the town of Amherst shall dedicate additional town-owned
lands for parkland and/or cause funds to be made available  for  capital
improvements to its existing park and recreational facilities, as neces-
sary, to equal such fair market value.
  S  6.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the  town  of  Amherst  has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the Inte-
rior that the conversion complies with all conditions which  the  Secre-
tary of the Interior deems necessary to assure the substitution of other
lands  shall be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.