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Cultural Affairs, Tourism, Parks and Recreation: Jun 5, 2012

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Active List: Jun 12, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012

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Memo

BILL NUMBER:S7027

TITLE OF BILL: An act to authorize the town of Alden to convey as easement to the village of Alden in the Alden Town Park

PURPOSE: To allow the town of Alden to convey property in Alden park for use as an easement.

SUMMARY OF PROVISIONS: Section 1. Authorization of the town of Alden to convey property to the village of Alden for an easement.

Section 2. Effective date.

JUSTIFICATION: In order to expand the existing public water system, the village of Alden needs an easement of a portion of land located in Alden Park. This bill would allow the town of Alden to convey an easement in Alden Park for the construction of a new water transmission line. The village of Alden will restore the surface of the conveyed area to original conditions and it will continue to be used as part of the park.

LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

7027

IN SENATE

April 24, 2012
___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to authorize the town of Alden  to  convey  an  easement  to  the
  village of Alden in the Alden Town Park

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

  Section 1. The Town of Alden, acting by and through its Town Board, is
hereby authorized to convey by appropriate instruments to the village of
Alden an easement in Alden Town Park described in section three of  this
act,  for  the purpose of enabling such village to construct, and repair
when necessary, a transmission  main  which  will  extend  the  existing
public  water  supply  system.  With the completion of construction, the
village of Alden shall restore the surface of the lands  and  the  lands
shall continue to be used for park purposes.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the town  of  Alden  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 for capital improvements to existing
park and recreational facilities.
  S  3. The easement to be conveyed by the Town of Alden pursuant to the
provisions of this act is described as follows:
  All that certain plot, piece or parcel  of  land  situate,  lying  and
being  located  in  the  Town  of Alden, County of Erie and State of New
York, being more particularly bounded and described as follows:
Being at a point on the division line between lands of the Town of Alden
and the lands of  the  Alden  Central  School  District  a  distance  of
1,589.94  feet northerly from the north line of West Main Street; thence
northerly and along the east line of the lands of the Town of Alden  and
parallel to the east line of said lot 18, a distance of 720.35 feet to a
point  located 2,310.29 feet north of the north line of West Main Street
and at the south line of the perpetual Right-of-Way between the  Village
of  Alden  and  the Town of Alden; thence westerly and parallel with the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15475-02-2
S. 7027                             2

north line of West Main Street, a distance of 30 feet; thence  southerly
a distance of 720.35 feet parallel to the east line of said lot 18, to a
point  at  the northeast corner of lands of the Village of Alden; thence
easterly  and  parallel  with  the  north  line  of  West Main Street, a
distance of 30 feet to the point or place of beginning.
  S 4. The conveyance of the easement is authorized by the provisions of
this act and shall not occur until the town of Alden has  complied  with
any  applicable  federal  requirements  pertaining  to the alienation or
conversion of parklands.
  S 5. This act shall take effect immediately.