Bill S7531-2011

Authorizes the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

Authorizes the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

Details

Actions

  • Aug 1, 2012: SIGNED CHAP.356
  • Jul 20, 2012: DELIVERED TO GOVERNOR
  • Jun 21, 2012: returned to senate
  • Jun 21, 2012: passed assembly
  • Jun 21, 2012: home rule request
  • Jun 21, 2012: ordered to third reading rules cal.550
  • Jun 21, 2012: substituted for a10526
  • Jun 18, 2012: referred to ways and means
  • Jun 18, 2012: DELIVERED TO ASSEMBLY
  • Jun 18, 2012: PASSED SENATE
  • Jun 18, 2012: HOME RULE REQUEST
  • Jun 18, 2012: ORDERED TO THIRD READING CAL.1289
  • Jun 18, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 31, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

Memo

BILL NUMBER:S7531

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

PURPOSE OR GENERAL IDEA OF BILL: To authorize the Town of Amherst, located in Erie County, to discontinue the use of certain lands as parkland.

SUMMARY OF SPECIFIC PROVISIONS: Section 1- authorizes the Town of Amherst to discontinue as parklands certain land as described in Section 3 of this act in exchange for the land described in Section 4 of this act.

Section 2- makes authorization to discontinue effective only upon dedication of lands described in section 4 as parklands.

Section 3- describes the lands to be discontinued as parklands.

Section 4- describes the lands to be dedicated as parklands.

Section 5- provides that in the event replacement lands are not equal to lands being replaced, the Town of Amherst will dedicate the difference in fair market value in order to acquire additional parklands and/or for improvements to the existing park and recreational facilities.

Section 6- provides that discontinuance shall not occur until the Town of Amherst has complied with any Federal requirements.

Section 7- provides that the act shall take effect immediately.

JUSTIFICATION: On June 22, 2006, the Town of Amherst took title to the former Calvary Evangelical Lutheran Church; a 1.17-acre parcel of land at 4110 Bailey Avenue, that was occupied by an 11,000 square foot church building and associated parking lot, with no outdoor recreation facilities located on site. On April 16, 2007 the Town Board designated the acreage as a public park and playground. This acreage is currently being used as the "Eggertsville Community Center" and, as the parcel of land is completely developed and provides room for no outdoor recreation facilities, the Town would like to remove the "parkland" designation and offers up a substitute parcel of land. While the .62 acre parcel of land, at 4743 Harlem Road in the Town of Amherst, is smaller than the land being alienated, it is adjacent to Fetto Park, which would increase the size of the park to 2.89 acres, and has greater outdoor recreational value. Upon adding this acreage to the existing, the current development plans for the entire site will be reassessed to determine future use of the additional acreage.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7531 IN SENATE May 31, 2012 ___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the town of Amherst, county of Erie 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 Amherst, county of Erie, is hereby authorized to discontinue as parklands, alienate and convey the lands described in section three of this act. 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 and conveyed are described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Amherst, County of Erie and State of New York, being part of Lot Number 20, Town- ship 12, Range 7 of the Holland Land Company's Survey and being Subdivi- sion Lots Numbers 46 to 60 inclusive in Block "J" as shown on map filed in Erie County Clerk's Office under Cover Number 419 and more partic- ularly described as follows: BEGINNING at the northwest corner of the intersection of the westerly line of Bailey Avenue, C.R. 152 a 66 ft. wide right-of-way with the northerly line of Oxford Street formerly Marilla Street a 50 ft. wide right-of-way. THENCE northerly along the westerly line of Bailey Avenue a 66 ft. wide right-of-way a distance of 450.0 feet to a point; THENCE westerly and at a right angle to the westerly line of Bailey Avenue also being parallel to the northerly line of Oxford Street a distance of 112.0 feet to a point; THENCE southerly and at a right angle to the last described course also being parallel to the westerly line of Bailey Avenue a distance of 450.0 feet to a point;
THENCE easterly and at a right angle to the last described course also being along the northerly line of Oxford Street a 50 ft. wide right-of- way a distance of 112.0 ft. to the point or place of beginning. EXCEPTING THEREFROM lands appropriated by the State of New York for highway purposes by Notice of Appropriation dated March 23, 1999 and recorded March 23, 1999 in Liber 10948 of Deeds at page 8294, being Parcel 9, Map 9, Project C.T. 152, Bailey Avenue. Having an area of 1.17 acres more or less S 4. The replacement lands to be acquired and dedicated by the town of Amherst, county of Erie to use as parkland for public park purposes 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. 13, Township 12, Range 7 of the Holland Lane Company's Survey, bounded and described as follows: BEGINNING at a point in the south line of lands conveyed to Vincent N. Bridenbaker and Jean E. Brindenbaker, his wife, by deed recorded in Erie County Clerk's Office in Liber 4018 of Deeds at page 487 at a point therein 205.72 feet east of the west line of Lot No. 13, said point of beginning being also the northeast corner of lands conveyed to Anderson Williams and Roberta M. Williams, his wife, by deed recorded in Erie County Clerk's Office in Liber 7510 of Deeds at Page 397; THENCE easterly along the south line of lands so conveyed to Vincent N. Brindenbaker and wife by deed aforesaid 445.56 feet to the east line of lands conveyed to George Binner and Emma Binner, his wife, by deed recorded in Erie County Clerk's Office in Liber 986 of Deeds at Page 562; THENCE southerly along the east line of lands so conveyed to George Binner and wife 69.74 feet to the north line of lands conveyed to Vincent Fetto by deed recorded in Erie County Clerk's Office in Liber 6111 of deeds at Page 543; THENCE westerly along the north line of lands so conveyed to Vincent Fetto 445.46 feet to the southeast corner of lands conveyed to Anderson Williams and wife by deed aforesaid; and THENCE northerly along the east line of lands so conveyed to Anderson Williams and wife by deed aforesaid 65.43 feet to the point of begin- ning; and is further described on Erie County Tax Maps as Section, Block and Lot No. 68.130-4-24. Having an area of 28,254.89 square feet or .66 acres more or less S 5. In the event that the lands to be acquired, as described in section four of this act, are not equal or greater in fair market value than the lands being alienated, as described in section three of this act, the town of Amherst 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 6. If the land that is the subject of this legislation has received funding pursuant to the federal land and water conservation fund, the discontinuance of parklands authorized by the provisions of this legis- lation shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, includ- ing 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 7. This act shall take effect immediately.

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