This bill has been amended

Bill S7903-2009

Authorizes the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland and to sell and convey such lands

Authorizes the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland.

Details

Actions

  • Jun 10, 2010: 2ND REPORT CAL.
  • Jun 9, 2010: 1ST REPORT CAL.926
  • May 20, 2010: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 9, 2010
Ayes (5): Stewart-Cousins, Valesky, Johnson C, Little, Bonacic
Ayes W/R (2): Oppenheimer, Thompson
Excused (1): Morahan

Memo

 BILL NUMBER:  S7903

TITLE OF BILL : An act to authorize the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland and to sell and convey such lands

PURPOSE : Allows the Town of Canandaigua to discontinue and either sell at fair market value or exchange municipally owned parklands which are no longer needed for park purposes.

SUMMARY OF PROVISIONS : Section 1 authorizes the Town of Canandaigua, located in the County of Ontario, to discontinue the use of municipally owned parklands described in Section 2; to sell and convey them at fair market value; or in exchange dedicate new parkland as described in Section 3 or make improvements to existing park and recreational facilities as necessary to equal fair market value.

Section 2 describes the parcels of land which are authorized by this act to be discontinued.

Section 3 describes the replacement land to be dedicated as new park land.

Section 4 requires the Town of Canandaigua to dedicate additional town owned land and/or cause funds to be made available for capital improvements to existing park and recreational facilities equal to the fair market value and/or usefulness of the lands to be alienated in the event that the lands dedicated are not of equal to twice the size or greater than the fair market value of the parklands that are to be discontinued by this act.

Section 5 requires the Town of Canandaigua to be in full compliance with any federal or state requirements pertaining to the alienation or conversion of parklands, including satisfying the Secretary of the Interior that such conversion complies with conditions that would allow for the substitution of other lands that hold an equivalent fair market value.

Section 6 is the effective date.

JUSTIFICATION : The Town of Canandaigua in 2002 obtained 34.871 acres which was dedicated for parkland. However approximately 13 acres has been and continues to be used for non park purposes, including a right of way for a road that provides access to the park and recently constructed pump house for the Town of Canandaigua's public water system. The Town has been awarded a 2006 Environmental Protection Fund grant in order to improve the park, but the grant cannot be received until the outstanding non-park purposes problem is resolved. In order to address issue the Town has identified 13 acres of town owned land, which is currently being farmed directly adjacent to the current parklands. The town proposes to dedicate this land for park purposes and formally discontinue those portions of the current parklands which constitute a non-conforming use of park lands. However, such an action would require authorization at the State level due to the property's location on a parcel of parkland.

LEGISLATIVE HISTORY : None.

FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 7903 IN SENATE May 20, 2010 ___________
Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland and to sell and convey such lands THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The town of Canandaigua, Ontario county is hereby author- ized to discontinue as parklands and alienate, sell and convey the lands described in section two of this act for fair market value and in exchange therefor, dedicate as parklands new land as described in section three of this act or make improvements to existing park and recreational facilities, as necessary, to equal such fair market value. S 2. The lands to be discontinued as parklands and alienated, sold and conveyed are described as follows: All that tract or parcel of land located in the Town of Canandaigua, County of Ontario, and being more particularly described as follows: BEGINNING at a point in the north line of Buffalo street extension said point being located 254.85 feet westerly from the west line of the city of Canandaigua; Thence South 62 48'44"West in the north line of Buffalo street exten- sion a distance of 116.70 feet to a point; Thence in the west line of Outhouse road the following calls: North 27 24'00"West a distance of 300.00 feet to a point Along a curve to the left with an arc radius of 500.00 feet a distance of 335.00 feet to a point Along a curve to the right with an arc radius of 750.00 feet a distance of 502.50 feet to a point North 27 24'00"West a distance of 610.98 feet to a point Along a curve to the right with an arc radius of 2331.52 feet a distance of 985.56 feet to an iron pin North 03 11'30"West a distance of 234.57 feet to a point in the south line of County road 30 Thence in the south line of County road 30 the following calls:
South 78 37'43"East a distance of 51.66 feet to a point North 79 24'24"East a distance of 100.84 feet to a point North 86 48'29"East a distance of 228.45 feet to a point Thence South 27 24'01"East in the west line of lands of the city of Canandaigua as filed in the Ontario county clerk's office in liber 881 of deeds at page 909 a distance of 561.90 feet to a point; Thence through lands of Outhouse Park the following calls: South 85 22'21"West a distance of 505.88 feet to a point South 10 57'43"East a distance of 141.98 feet to a point South 20 31'32"East a distance of 295.83 feet to a point South 30 15'01"East a distance of 889.50 feet to a point South 51 43'30"East a distance of 260.34 feet to a point South 60 38'33"East a distance of 236.49 feet to a point South 27 31'25"East a distance of 583.50 feet to the POINT AND PLACE OF BEGINNING S 3. The replacement lands to be dedicated by the town of Canandaigua to use as parkland for public park purposes are located in the town of Canandaigua, county of Ontario are particularly described as follows: All that tract or parcel of land located in the town of Canandaigua, County of Ontario, and being more particularly described as follows: BEGINNING at an iron pin in the west line of Outhouse road, said pin being located 981.62 feet southerly from the south line of County road 30 Thence in the west line of Outhouse road along a curve to the left with an arc radius of 2331.52 a distance of 51.74 feet to a point Thence through lands of the town of Canandaigua the following calls: Along a curve to the right with an arc radius of 460.00 feet a distance of 319.40 feet to a point South 33 40' 13" West a distance of 206.43 feet to a point Along a curve to the right with an arc radius of 1460.00 feet a distance of 455.26 feet to a point South 51 32' 10" West a distance of 463.54 feet to a point North 27 13' 57" West a distance of 621.55 feet to a point Thence North 62 10' 28" East in the north line of lands of the town of Canandaigua a distance of 1270.70 feet to the POINT AND PLACE OF BEGIN- NING S 4. In the event that the replacement city parklands to be dedicated in section three of this act are not equal to twice the size of the lands to be alienated in section two of this act, or are not equal to or greater than the fair market value of the lands to be alienated in section two of this act, the town of Canandaigua shall dedicate addi- tional town-owned lands for parkland and/or cause funds to be made available for capital improvements to its existing park and recreational facilities, as necessary, to equal such fair market value. S 5. The discontinuance and conveyance of parkland authorized by the provisions of this act shall not occur until the town of Canandaigua has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the Secretary of the Inte- rior that the conversion complies with all conditions which the Secre- tary of the Interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and recreational useful- ness to the lands being alienated or converted. S 6. This act shall take effect immediately.

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