This bill has been amended

Bill S6585-2011

Authorizes the city of Jamestown, county of Chautauqua, to discontinue the use of certain lands as parklands

Authorizes the city of Jamestown, county of Chautauqua, to discontinue the use of certain lands as parklands and requires the dedication of other certain parcels of land for public park purposes.

Details

Actions

  • Jun 11, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 8, 2012: returned to senate
  • Jun 8, 2012: RECALLED FROM ASSEMBLY
  • May 23, 2012: referred to cities
  • May 23, 2012: DELIVERED TO ASSEMBLY
  • May 23, 2012: PASSED SENATE
  • May 23, 2012: HOME RULE REQUEST
  • May 22, 2012: ADVANCED TO THIRD READING
  • May 21, 2012: 2ND REPORT CAL.
  • May 16, 2012: 1ST REPORT CAL.828
  • Mar 1, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - May 16, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S6585

TITLE OF BILL: An act to authorize the city of Jamestown, in the county of Chautauqua, to discontinue the use of certain lands as parklands

PURPOSE OR GENERAL IDEA OF BILL: This bill would authorize the city of Jamestown to discontinue certain land as parklands; and in exchange for the conveyance, dedicate other land within the town which is of an equal or greater fair market value than the converted land.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 authorizes the city of Jamestown to discontinue as parklands the lands described in section three of this act.

Section 2 sets forth the condition that the lands described in section four of this act must be of equal or greater fair market value than the lands being alienated.

Section 3 defines the land to be discontinued as parkland, as set forth in section one of this act.

Section 4 defines the replacement land to be dedicated by the City of Jamestown as parkland.

Section 5 states that in the event that the replacement parklands to be dedicated by the city of Jamestown are not of equal or greater fair market value and usefulness as parklands than the parklands to be discontinued, the city of Jamestown shall dedicate the difference of fair market value and/or usefulness of the lands to be alienated and the lands to be dedicated for the acquisition of additional parklands and/or capital improvements to existing park and recreational facilities.

Section 6 states that the discontinuance of parklands authorized by the provisions of this act shall not occur until the city of Jamestown has complied with any federal requirements pertaining to the conversion of parklands, including satisfying the secretary of the interior that the conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being alienated or converted.

Section 7 sets the effective date.

JUSTIFICATION:

The city of Jamestown is requesting the conversion of a 20.95 acre portion of parkland. This piece of property has been maintained as a

parks management and composting site for many years. The property sits in the northernmost section of Chadakoin Park. Because land set-aside for the maintenance of parks is not considered park use, this piece of property must either have its contents relocated or it must be converted. Other sites were considered as alternatives, however, all proved to be impracticable and ultimately inefficient. As a result, the city would like to convert this portion of parkland and replace it with similar property located directly adjacent to the southern boundary of Chadakoin Park.

This conversion would maintain the goals and spirit of the Statewide Comprehensive Outdoor Recreation Plan by actually increasing the access and recreational opportunities for the public by removing acreage that is remote and disconnected from the rest of the park. The area to be converted does not contain any recreation facilities or opportunities. The more readily accessible replacement piece will provide trails and access along the Chadakoin River, providing new and diverse recreational opportunities.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6585 IN SENATE March 1, 2012 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize the city of Jamestown, in the county of Chautauqua, to discontinue the use of certain lands as parklands 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, the city of James- town, in the county of Chautauqua, acting by and through its city coun- cil, is hereby authorized to discontinue as parklands the lands described in section three of this act. S 2. The authorization granted in section one of this act shall take effect upon the condition that the lands described in section four of this act be dedicated as parkland by the city of Jamestown are of equal or greater fair market value than the fair market value of the lands being discontinued as parklands by this act. S 3. The lands to be discontinued as parklands are described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, County of Chautauqua and State of New York, being part of Lot 35, Town 2 and Range 11 of the Holland Land Company's Survey and more particularly bounded and described as follows: BEGINNING at an existing iron stake in the southwesterly line of Fluvanna Avenue (66 feet wide), said iron stake being also the northwesterly corner of lands conveyed to The Clip Joint, LLC by deed described in a deed recorded in the Chautauqua County Clerk's office in Liber 2714 of Deeds at page 688; thence S 22° 04' 54" W 121.75 feet; thence S 20° 51' 13" E 190.90 feet; thence S 68° 38' 05" W 208.88 feet; thence S 01° 02' 17" E 790.00 feet; thence S 68° 53' 16" W 784.54 feet; thence N 01° 48' 58" W 720.41 feet; thence northwesterly on a non-tangent curve, concave to the southwest, having a radius of 2027.08 feet, an arc distance of 602.07 feet (closure chord N 19° 43' 18" W 599.87 feet); thence easterly on a non-tangent curve, concave to the North, having a radius of 666.78 feet, an arc distance 827.46 feet (closure chord N 86° 26' 46" E 775.38 feet); thence N 34° 03' 05" E 33.47 feet; thence S 67° 59' 19 E 110.25 feet; thence northeasterly on a
non-tangent curve, concave to the northwest, having a radius of 1005.4 feet, an arc distance of 56.61 feet (closure chord N 49° 11' 09" E 56.60 feet); thence N 01° 03' 01" W 6.84 feet; thence N 44° 42' 34" E 117.18 feet; thence N 23° 03' 55" W 25.96 feet; thence N 35° 28' 23" E 11.80 feet; thence S 67° 52' 37" E 106.32 feet to the point or place of begin- ning, containing 20.949± acres of land more or less. S 4. The replacement lands to be dedicated by the city of Jamestown as parklands for public park purposes are described as follows: PARCEL A ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, County of Chautauqua and State of New York, being part of Lot 34, Town 2 and Range 11 of the Holland Land Company's Survey and more particularly bounded and described as follows: BEGINNING at a point in the west line of lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben South- ern Tier Extension Railroad Authority by deed describe in Liber 2462 of Deeds at page 247 and being the northeast corner of a portion of lands conveyed to George White by deed described in Liber 1901 of Deeds at page 515, said point also being N 01°48'58" W 140.00 feet along said Railroad Authority and George White lands from the intersection with the north line of Isabella Avenue; thence S 88°10'03" W 172.18 feet to the easterly shoreline of the Chadakoin River; thence northerly along said easterly shoreline of the Chadakoin River to the intersection with the northeasterly line of the parcel herein described and the existing southwesterly line of Chadakoin Park; thence S 53°02'14" E 320.80 feet to the said west line of the Railroad Authority lands; thence S 01°48'58" E 876.83 feet along said west line of the Railroad Authority lands to an existing rail monument; thence S 88°11'02" W 16.00 feet to an existing iron stake; thence S 01°48'58" E 197.81 feet along said west line of the Railroad Authority lands to the point or place of beginning, containing 17.33± acres of land more or less. PARCEL B ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, County of Chautauqua and State of New York, being part of Lot 34, Town 2 and Range 11 of the Holland Land Company's Survey and more particularly bounded and described as follows: BEGINNING at the intersection of the north line of Tenth Street and the west line of Monroe Street, being the southeast corner of the parcel herein described; thence S 88° 10' 03" W 347.00 feet along said north line of Tenth Street to the east line of lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben Southern Tier Extension Railroad Authority by deed described in Liber 2462 of Deeds at page 247 and being the west terminus of Tenth Street; thence N 01° 48' 58" W 381.73 feet along said east line of the Railroad Authority lands to the south line of Eleventh Street; thence N 89° 52' 55" E 347.14 feet along said south line of Eleventh Street to said west line of Monroe Street; thence S 01° 48' 58" E 371.51 feet along said west line of Monroe Street to the point or place of beginning, containing 3.01± acres of land more or less. PARCEL C ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, County of Chautauqua and State of New York, being part of Lot 34, Town 2 and Range 11 of the Holland Land Company's Survey and more particularly bounded and described as follows: BEGINNING at the intersection of the northwesterly line of West Eighth Street with the west line of Outlet Street; thence S 48°48'10"W 213.96 feet; thence northeasterly on a non- tangent curve, concave to the northwest, having a radius of 448.93 feet, an arc distance of 114.20 feet (closure chord N 29°07'33"E 113.89 feet);
thence N 41°50'17"W 116.98 feet to the shoreline of the Chadakoin River, passing over an existing iron stake at 98.10 feet; thence northerly along said shoreline of the Chadakoin River to the intersection with the south line of Isabella Avenue; thence N 88°10'03"E 210.04 feet along said south line of Isabella Avenue to the intersection with said west line of Outlet Street; thence S 01°48'58"E 660.48 feet along said west line of Outlet Street to the point or place of beginning, containing 2.51± acres of land more or less. PARCEL D ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, County of Chautauqua, and State of New York, being part of Lot 34, Town 2 and Range 11 of the Holland Land Company's Survey and more particular- ly bounded and described as follows: BEGINNING at the intersection of the south line of Eleventh Street (60' wide) with the east line of Clin- ton Street; thence S 89° 52' 55" W 734.38 feet along said south line of Eleventh street to the east bounds of lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben Southern Tier Extension Railroad Authority by deed described in Liber 2462 of Deeds at page 247; thence N 01° 48' 58" W 60.03 feet along said Railroad Authority lands and the west terminus of said Eleventh Street to the north line of said Eleventh Street; thence N 89° 52' 55" E 734.38 feet along said north line of Eleventh Street; thence S 01° 48' 58" E 60.03 feet to the point or place of beginning, containing 1.012+ acres of land more or less. S 5. In the event that the replacement parklands to be dedicated by the city of Jamestown pursuant to this act are not of equal or greater fair market value than the parklands discontinued, the city of Jamestown shall dedicate the difference of fair market value of the parklands to be discontinued and the lands to be dedicated for the acquisition of additional parklands and/or capital improvements to existing park and recreational facilities. S 6. The discontinuance of parklands authorized by the provisions of this act shall not occur until the city of Jamestown has complied with any federal requirements pertaining to conversion of parklands, includ- ing satisfying the secretary of the interior that the conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational usefulness to the lands being converted. S 7. This act shall take effect immediately.

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