Bill S7276B-2013

Authorizes the town of Cortlandville to alienate and convey parkland and acquire other parcels of land to replace such parkland

Authorizes the town of Cortlandville to alienate and convey parkland and acquire other parcels of land to replace such parkland.

Details

Actions

  • Aug 7, 2014: SIGNED CHAP.235
  • Aug 1, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: home rule request
  • Jun 19, 2014: ordered to third reading rules cal.509
  • Jun 19, 2014: substituted for a10050a
  • Jun 17, 2014: referred to local governments
  • Jun 17, 2014: DELIVERED TO ASSEMBLY
  • Jun 17, 2014: PASSED SENATE
  • Jun 17, 2014: HOME RULE REQUEST
  • Jun 12, 2014: AMENDED ON THIRD READING 7276B
  • Jun 9, 2014: AMENDED ON THIRD READING 7276A
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1131
  • Jun 3, 2014: REPORTED AND COMMITTED TO RULES
  • May 9, 2014: REFERRED TO LOCAL GOVERNMENT

Calendars

Votes

Memo

BILL NUMBER:S7276B

TITLE OF BILL: An act authorizing the town of Cortlandville, county of Cortland to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

PURPOSE: To alienate and convey certain parcels of land in the town of Cortlandville.

SUMMARY OF PROVISIONS: Section 1 gives home rule authorization to the town of Cortlandville, county of Cortland, to discontinue, alienate and convey certain parcels of park land. Section 2 states that the validity of the conveyance authorization is contingent upon the dedication of an amount equal to or greater than the fair market value of the lands to be acquired for park purposes. Section 3 identifies the parcels of land to be alienated and conveyed. Section 4 identifies the lands to be acquired for park purposes. Section 5 specifies that the lands to be alienated shall be in continuous use until the lands to be acquired have been developed and are open to the public. Section 6 requires the satisfaction of applicable federal requirements pertaining to the conversion of park lands before conveying such lands. Section 7 provides the effective date.

JUSTIFICATION: The opportunity for the town of Cortlandville to acquire approximately 90 acres of land for park purposes in exchange for 6.1 acres of park land presents a valuable opportunity to provide additional park facilities for public enjoyment at little or no cost to the town. This bill will help facilitate this transaction by providing home rule authorization to the town of Cortlandville for the purpose of alienating, conveying, and acquiring park lands identified in the bill.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediate.


Text

STATE OF NEW YORK ________________________________________________________________________ 7276--B Cal. No. 1131 IN SENATE May 9, 2014 ___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee and committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT authorizing the town of Cortlandville, county of Cortland to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The town of Cortlandville, county of Cortland, is hereby authorized to discontinue as parklands, alienate and convey to Gutchess Lumber Company the lands described in section three of this act. S 2. The authorization contained in section one of this act shall take effect only upon the condition that the town of Cortlandville dedicate an amount equal to or greater than the fair market value of the property being alienated in section three of this act toward acquisition of addi- tional parkland and/or capital improvements to existing parkland. S 3. The lands to be discontinued as parklands and alienated and conveyed pursuant to section one of this act are bounded and described as follows: Parcel I ALL that tract or parcel of land situate on the westerly side of New York state route 281 in Lot 83, town of Cortlandville, county of Cort- land and state of New York being bounded and described as follows: Beginning at a point on the westerly right-of-way line of said Route #281 at the northeast corner of lands conveyed to the town of Cortland- ville (R.O.) as filed in the Cortland County Clerk's Office in Liber 342 of Deeds at Page 765; thence running N 62° 37' 19" W along said parcel, a distance of 183.05 feet to a point; thence running N 27° 22' 41" E along said parcel, a distance of 200.0 feet to a point; thence running S 62° 37' 19" E along said parcel, a distance of 196.39 feet to a point on the westerly right of way line of NYS Route No. 281; thence running S
31° 11' 35" W along said right of way a distance of 200.44 feet to the place of beginning and containing 0.86 acres of land. Also conveying all rights, title and interest to the land lying east- erly of the above described premises to the centerline of NYS Route No. 281. Parcel II ALL that tract or parcel of land situate in the town of Cortlandville, county of Cortland and state of New York, being part of Lot 83 in said town, being bounded and described as follows: Beginning at a point on the west right of way line of NYS Route 281, set at the northeast corner of the parcel of land conveyed by Arthur Yacavone to F. Donald McGee by deed recorded in the Cortland County Clerk's Office in Liber 310 of Deeds at Page 859; running thence North 62° 37' 19" West a distance of 409.17 feet to a steel pipe; thence running South 27° 22' 41" West a distance of 242.76 feet to a point in the north line of Lamont Acres Tract; running thence North 85° 21' 36" West a distance of 173.93 feet to a steel pipe set in the east line of lands owned by Gutchess; running thence North 3° 15' 40" East a distance of 545.0 feet to a steel pipe; running thence South 85° 21' 36" East a distance of 404.54 feet along the south line of lands owned by Arthur B. Yacavone to a point; running thence South 62° 53' 46" East a distance of 250.0 feet to an iron pipe; running thence South 27° 22' 41" West a distance of 200.0 feet to a steel pipe; running thence South running 62° 37' 19" East a distance of 183.05 feet to a concrete monument set in the west line of the right-of- way NYS route 281; running thence South 32° 57' 54" West along said right-of-way a distance of 145.66 feet to the point or place of begin- ning, containing 6.17 acres of land, more or less. Also, all the lands lying between the above described parcel of land and the center line of NYS Route No. 281 on the east, subject to the right of the public to use the same for street and highway purposes. S 4. The replacement lands to be acquired and dedicated by the town of Cortlandville, county of Cortland, to use as new parkland for public park purposes are described as follows: ALL that tract or parcel of land situated in the town of Cortland- ville, county of Cortland and state of New York bounded and described as follows: Beginning at a point, said point being at the intersection of NYS Route 13 and Gracie Road; Thence North 11 degrees 24 minutes 00 seconds West for a distance of 411.00 feet along the centerline of Gracie Road to a point; Thence North 10 degrees 37 minutes 00 seconds West for a distance of 871.00 feet along the centerline of Gracie Road to a point; Thence North 09 degrees 28 minutes 00 seconds West for a distance of 120.50 feet along the centerline of Gracie Road to a point; Thence North 04 degrees 03 minutes 00 seconds West for a distance of 65.00 feet along the centerline of Gracie Road to a point; Thence North 07 degrees 06 minutes 00 seconds East for a distance of 77.23 feet along the centerline of Gracie Road to a point; Thence North 18 degrees 33 minutes 00 seconds East for a distance of 76.35 feet along the centerline of Gracie Road to a point; Thence North 21 degrees 24 minutes 00 seconds East for a distance of 260. 84 feet along the centerline of Gracie Road to a point; Thence South 76 degrees 22 minutes 00 seconds East for a distance of 315.09 feet to a point; Thence North 17 degrees 33 minutes 25 seconds East for a distance of 248.72 feet to a point;
Thence South 80 degrees 03 minutes 20 seconds East for a distance of 45.34 feet to a point; Thence North 09 degrees 56 minutes 40 seconds East for a distance of 125.00 feet to a point; Thence North 80 degrees 03 minutes 20 seconds West for a distance of 225.00 feet to a point; Thence South 84 degrees 54 minutes 55 seconds West for a distance of 161.12 feet to a point along the centerline of Gracie Road; Thence North 03 degrees 52 minutes 25 seconds East for a distance of 226.60 feet along the centerline of Gracie Road to a point; Thence South 82 degrees 58 minutes 45 seconds East for a distance of 968.88 feet to a point; Thence North 07 degrees 29 minutes 00 seconds East for a distance of 601.97 feet to a point; Thence South 82 degrees 21 minutes 10 seconds East for a distance of 558.60 feet to a point; Thence South 08 degrees 17 minutes 48 seconds West for a distance of 629.33 feet to a point; Thence South 82 degrees 21 minutes 10 seconds East for a distance of 407.97 feet to a point; Thence South 65 degrees 14 minutes 21 seconds West for a distance of 370.64 feet to a point; Thence South 07 degrees 22 minutes 44 seconds West for a distance of 1019.77 feet to a point; Thence South 83 degrees 01 minutes 36 seconds East for a distance of 218.99 feet to a point; Thence South 18 degrees 01 minutes 56 seconds East for a distance of 221.48 feet to a point along the centerline of N.Y.S. Route 13; Thence South 60 degrees 30 minutes 00 seconds West for a distance of 349.00 feet along the centerline of N.Y.S. Route 13 to a point; Thence South 66 degrees 46 minutes 00 seconds West for a distance of 272.00 feet along the centerline of N.Y.S. Route 13 to a point; Thence South 68 degrees 00 minutes 00 seconds West for a distance of 1213.00 feet along the centerline of N.Y.S. Route 13 to a point; Thence South 69 degrees 26 minutes 00 seconds West for a distance of 707.00 feet to the point and place of beginning, containing 101.73 acres of land, more or less. Together with and subject to covenants, easements, and restrictions of record. S 5. The parklands identified in section three of this act shall continue to be used as parkland until the replacement lands identified in section four of this act have developed park facilities open for public use. S 6. In the event that the lands to be acquired, as described in section four of this act, are not equal to or greater in fair market value than the lands being alienated, as described in section three of this act, the town of Cortlandville shall dedicate the difference in the fair market value for the acquisition of additional parklands and/or for capital improvements to existing park and recreational facilities. S 7. If the land that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontin- uance of parklands authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satisfying the secretary of the interior that the discontinuance will include 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 discontinued. S 8. This act shall take effect immediately.

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