Bill S5747-2013

Authorizes the conveyance of certain real property of the state to Karen R. Lynch of Wolcott, NY in exchange for real property of an equal or higher value, to be utilized for wildlife management purposes

Authorizes the conveyance of certain real property of the state of New York to Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New York in exchange for real property of an equal or higher value, to be utilized for wildlife management purposes.

Details

Actions

  • Jun 18, 2014: referred to environmental conservation
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.740
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jun 11, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 13, 2014
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S5747

TITLE OF BILL: An act to authorize the conveyance of certain real property of the state of New York to Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New York in exchange for real property of an equal or higher value, to be utilized for wildlife management purposes

PURPOSE OR GENERAL IDEA OF BILL:

To allow for the conveyance of real property owned by the state of New York to be exchanged for real property of an equal or higher value, to be utilized for wildlife management purposes.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Authorizes the Commissioner of DEC to enter into a contract for the conveyance of a parcel of state wildlife lands

Section 2. Describes the lands to be conveyed to Karen R. Lynch by the state Section 3. Describes the lands to be conveyed to the state by Karen R. Lynch

Section 4. Authorizes the Commissioner of DEC to prescribe additional terms for the exchange, and states that the contract will not become binding unless approved by the Director of Budget and Comptroller

Section 5. Effective date

JUSTIFICATION:

In 1975, an error was made in a deed description of a property on 8283 W. Port Bay Road, Wolcott, NY, and all subsequent transfers have relied on that erroneous deed description.

During a land survey completed by the NYS DEC Real Property Office, it was discovered that part of a property and residence thought to be owned by Karen R. Lynch, were located on lands actually owned by the State of New York.

As the DEC does not have the authority to sell this land to Mrs. Lynch, an exchange of land is necessary.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 5747 2013-2014 Regular Sessions IN SENATE June 11, 2013 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize the conveyance of certain real property of the state of New York to Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New York in exchange for real property of an equal or higher value, to be utilized for wildlife management purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law, the commission- er of environmental conservation is hereby authorized to enter into a contract for and on behalf of and in the name of the people of the state of New York ("the state"), for the conveyance of a parcel of state wild- life management lands in the town of Huron, county of Wayne, as more fully described in section two of this act, to Karen R. Lynch, in exchange for lands described in section three of this act. The conveyance and exchange of lands authorized pursuant to this section shall be completed only if the commissioner of environmental conservation determines that: a. the parcel described in section three of this act is of equal or greater value than the parcel described in section two of this act; and b. the parcel described in section three of this act is adaptable for wildlife management and other purposes as prescribed in title 3 of arti- cle 11 of the environmental conservation law and consistent with para- graph v of subdivision 2 of section 3-0301 of the environmental conser- vation law, is contiguous to existing wildlife management area lands, and that the operation of the wildlife management area as a whole will not be adversely affected by such conveyance and exchange. S 2. The lands authorized to be conveyed to Karen R. Lynch pursuant to section one of this act are bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situated in Lot 264 of the Williamson Tract, Town of Huron, County of Wayne, State of New York, being more particularly bounded and described as follows: COMMENCING in the center of West Port Bay Road at the point of inter- section of said centerline with the south line of lands now or formerly of William C. Michatek (Liber 785 of Deeds, Page 536) and the north line of lands of Karen R. Faulkner (Liber 972 of Deeds, Page 954); thence N75°57'12"W and along the south line of lands of said Michatek and along the north line of lands of said Faulkner 75.53 feet to a point marked by a rebar with aluminum cap set in an easterly line of lands of the People of the State of New York (Liber 584 of Deeds, Page 142) and the true point of BEGINNING of the parcel to be described; thence S14°02'48"W and along an easterly line of lands of said People of the State of New York and the westerly line of lands of said Faulkner which said line is the extension southerly of the west line of lands formerly owned by Albert R. Hickox (Liber 334 of Deeds, Page 169) now or formerly owned by said Michatek 120.00 feet to a point at the south west corner of lands of said Faulkner; thence N75°57'12"W through the lands of said People of the State of New York and on the extension of the southerly line of said Faulkner 19.58 feet to a point marked by a rebar with aluminum cap set; thence N02°19'48"E and parallel with the centerline of West Port Bay Road and through the lands of said People of the State of New York 122.55 feet to a point marked by a rebar with aluminum cap set; thence S75°57'12"E and through the lands of the People of the State of New York, said line also being the extension westerly of the northerly line of lands of said Faulkner 44.47 feet to the point and place of BEGIN- NING. CONTAINING 0.0882 acres of land more or less. BEING a portion of the premises conveyed by Hazel R. Buisch to The People of the State of New York by appropriation dated December 20, 1966 and recorded in the Wayne County Clerk's Office on January 27, 1967 in Liber 584 of Deeds, Page 142. S 3. In exchange for the conveyance of such estate and rights described in section two of this act, Karen R. Lynch shall convey to the state, by warranty deed with covenant against grantor's acts, the following described parcel of land: ALL THAT TRACT OR PARCEL OF LAND being part of Lot 303 in the William- son Tract, situate in the Town of Huron, County of Wayne and State of New York, being more particularly bounded and described as follows: COMMENCING in the center of West Port Bay Road in the said Town at the point of intersection of said centerline with the north line of Lot No. 303; thence S85°37'23"W and along the north line of Lot 303, for a distance of 175.00 feet to the northeasterly corner of premises conveyed by deed to the People of the State of New York by Henry Hugh Bolger dated April 22, 1964 and recorded in the Wayne County Clerk's Office in Liber 531 of Deeds, Page 104 and the true point of BEGINNING of the parcel to be described; thence S04°07'02"W and along the easterly line of said People of the State of New York and the westerly line of lands of Cheryl M. Darling (Liber 679 of Deeds, Page 775) for a distance of 674.65 feet to a point at the southeast corner of said People of the State of New York and the south line of premises formerly conveyed to Henry H. Bolger and wife by Vina Mae Turner by deed dated June 13, 1952 and recorded in the Wayne County Clerk's Office in Liber 398 of Deeds, Page 471, said point being 275 feet from the centerline of West Port Bay Road; thence N85°53'18"E and along the southerly line of said Darling for a distance of 13.05 feet to a point marked by a rebar with aluminum
cap set; thence N03°01'03"E and through the lands of said Darling for a distance of 672.91 feet to the point and place of BEGINNING. CONTAINING 0.10 acres of land more or less. BEING the same premises conveyed to Karen R. Lynch by Cheryl M. Darling by deed dated May 14, 2013 and recorded in the Wayne County Clerk's Office on May 24, 2013 in deed instrument number R9151206. S 4. The commissioner of environmental conservation may prescribe additional terms for such exchange of lands. Such contract shall not become binding upon the state until approved by the director of the budget and the comptroller. Title to the land to be conveyed to the state pursuant to the provisions of such contract shall be approved by the attorney general and the deed to the state shall be approved by such attorney general as to form and manner of execution and recordability before such deed shall be accepted on behalf of the state. Notwith- standing the provisions of the public lands law, the conveyance of the state owned lands pursuant to such contract, shall be without reserva- tion or exception except as provided for in such contract. Upon certif- ication by the commissioner of environmental conservation to the commis- sioner of general services of a copy of the contract and certification that Karen R. Lynch has complied with all terms and conditions of the contract upon her part to be kept and performed, together with a description of each of the parcels to be exchanged, the commissioner of general services shall convey the land described in section two of this act in accordance with the provision of the contract. Any interest in land acquired by the state pursuant to this act shall be devoted to wildlife management and such other kindred purposes as may be determined by the commissioner of environmental conservation in accordance with the environmental conservation law. S 5. This act shall take effect immediately.

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