S5608-2011 Actions

• Jul 20, 2011: SIGNED CHAP.214
• Jul 8, 2011: DELIVERED TO GOVERNOR
• Jun 20, 2011: returned to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: home rule request
• Jun 17, 2011: ordered to third reading rules cal.417
• Jun 17, 2011: substituted for a8215
• Jun 14, 2011: referred to local governments
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 14, 2011: HOME RULE REQUEST
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1263
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 6, 2011: REFERRED TO LOCAL GOVERNMENT

S5608-2011 Meetings

S5608-2011 Calendars

S5608-2011 Votes

S5608-2011 Memo

BILL NUMBER:S5608

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

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 use of
certain lands as described in section 3 as parklands in exchange for
the dedication of lands described in section 4 as parkland.

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

Section 3 - describes lands to be discontinued as parklands.

Section 4 - describes lands to be dedicated as parklands.

Section 5 - provides that in the event replacement lands are not equal
to lands to be replaced, the Town of Amherst will dedicate additional
town owned lands or make funds available to acquire additional
parklands.

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

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

JUSTIFICATION:
In studying title descriptions, the Town of Amherst has
discovered that a portion of its compost operation is located on
lands dedicated as parklands. The Town wishes to discontinue use of
that portion of the parklands as parklands, approximately twenty-four
acres, and replace it by dedicating other lands owned by the Town,
which are not dedicated as parklands or subject to other restriction,
totaling approximately forty-one acres.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5608-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5608
 2011-2012 Regular Sessions
 I N  SENATE
 June 6, 2011
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
 when printed to be committed to the Committee on Local Government
 

AN ACT to authorize the town of Amherst, county of Erie  to  discontinue
 the  use of certain city 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 Amherst, county of Erie, is hereby authorized
 to discontinue as parklands and alienate,  sell  and  convey  the  lands
 described  in  section three of this act and in exchange therefor, dedi
 cate as parklands the lands described in section four of this act,  such
 land to be used for park purposes.
 

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, sold and
 conveyed 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. 55, Township 13,
 Range 7 of the Holland Land Company's Survey, described as follows:

 BEGINNING at the point of intersection of the centerline of New  Road,
 being  the  west  line of Lot No. 55 (New Road being sixty-six (66) feet
 wide) and the original centerline of Millersport Highway (the southeast
 erly boundary line of Millersport Highway being forty (40.0) feet south
 easterly from said original centerline as measured at right angles ther
 efrom) running thence north 38�18'45"  east,  along  the  centerline  of
 Millersport  Highway,  a  distance of five hundred fifty-two and ninety
 four hundredths (552.94) feet  to  the  southwesterly  corner  of  lands
 conveyed to Flaps Rickenbacker Enterprises, Inc. by deed recorded in the
 Erie  County  Clerk's  Office  in  Liber 7174 of Deeds page 123; running
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11976-01-1
 
       S. 5608                             2
 thence south 51�41'15" east, along the southwesterly line of said  Rick
 enbacker  lands,  a distance of one hundred sixty-five (165) feet to the
 southeasterly corner thereof; running thence north 38�18'45" east, along
 the  southeasterly  line  of  said Rickenbacker lands, a distance of one
 hundred (100) feet to the northeasterly corner  thereof,  being  on  the
 southwesterly  line  of lands conveyed to Joseph Horner by deed recorded
 in said Clerk's Office in Liber 4715  of  deeds  at  page  474;  running
 thence south 51�41'15" east, along the southwesterly line of said Horner
 lands,  a  distance  of one hundred eighty-five (185) feet to the south
 easterly corner thereof; running thence north 38�18'45" east, along  the
 southeasterly  line  of  said  Horner lands, and along the southeasterly
 line of lands conveyed to  J.A.  Felicetta  be  deed  recorded  in  said
 Clerk's  Office  in Liber 6642 of deeds at page 506, a distance of three
 hundred (300) feet to a point being the true point and place  of  begin
 ning;  running thence north 38�18'45" east along the southeasterly line,
 land conveyed to J.A. Felicetta by deed recorded in Liber 6642 of  deeds
 at  page  506,  a  distance  of  two  hundred sixty-nine and twenty-nine
 hundredths (269.29) feet to the northeasterly corner of  said  Felicetta
 lands, being on the northerly line of Lot No. 55; running thence easter
 ly  along  the northerly line of Lot No. 55, being the northerly line of
 lands formerly of Community Development and Land Corporation as conveyed
 by deed recorded in said Clerk's Office in Liber 7764 of Deeds  at  page
 489,  a  distance  of  one  thousand seven hundred forty-nine and thirty
 hundredths (1749.30) feet  to  the  northeast  corner  thereof;  running
 thence south 01�33'44" west, along the former east line of said Communi
 ty Development and Land Corp. lands, a distance of three hundred six and
 seventy-four  hundredths  (306.74)  feet; running thence north 89�12'50"
 west, parallel with the north line of Lot No. 55, a  distance  of  eight
 hundred fifty-one and seventy hundredths (851.70) feet to a point on the
 west  line  of  lands  conveyed  to  Raymond  and Erna Bitterman by deed
 recorded in said Clerk's Office in Liber 2689 of Deeds page 111; running
 thence south 01�39'33" west, along  the  west  line  of  said  Bitterman
 lands,   a  distance  of  four  hundred  eighty  seven  and  seventy-six
 hundredths (487.76) feet to the northeast corner of  lands  conveyed  by
 Amherst  Airpark,  Inc. to the United States of America by deed recorded
 in said Clerk's Office in Liber 5895 of Deeds page 320;  running  thence
 north  89�12'50"  west,  along  the  north line of said United States of
 America lands, a distance of five hundred five (505) feet  to  a  corner
 thereon;  running  thence  south  41�14'00"  west,  continuing along the
 northerly line of said United States of America lands, a distance of one
 hundred fifty-four and fifty-five hundredths (154.55) feet to  a  corner
 thereon;  running thence north 89�12'50" west parallel to the north line
 of Lot No. 55 continuing along the north line of said Bitterman lands, a
 distance  of  three  hundred  thirty-eight  and  eighty-five  hundredths
 (338.58)  feet  to  a  point;  running  thence  north  01�28'10" east, a
 distance of four hundred twenty  and  seventy-five  hundredths  (420.75)
 feet  to  a  point;  running  thence north 51�41'15" west, a distance of
 fifty-seven and eighty eight hundredths (57.88) feet to a point; running
 thence north 38�18'45" west, a distance of one hundred fifty (150)  feet
 to  a  point;  running  thence  north  51�41'15" west, a distance of two
 hundred (200) feet to the point and place of beginning containing 24.51�
 acres of land.
 

S 4. The replacement lands to be dedicated by the town of  Amherst  to
 use  as  parkland  for  public  park purposes are located in the town of
 Amherst, Erie county comprise a total of 41.21 acres more  or  less  and
 particularly described as follows:

 
       S. 5608                             3
 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, Coun
 ty  of Erie, State of New York, being part of Lot 55, Township 13, Range
 7 of the  Holland  Land  Company's  Survey,  bounded  and  described  as
 follows:

 BEGINNING  at  a  point  in  the  centerline  of Smith Road (a 66 foot
 R.O.W.), distant 49.59 feet westerly  from  its  intersection  with  the
 centerline of Dann Road (a 49.5 foot R.O.W.);
 THENCE,  northerly  at an angle of 61�23'13" measured in the northwest
 quadrant a distance of 1860.00 feet to a point, said point being  324.13
 feet  south of the southeast corner of premises convey to the Foundation
 for Jewish Philanthropies by deed recorded in the  Erie  County  Clerk's
 Office  in Liber 9919 of Deeds at page 12, said point also being distant
 629.55 feet southerly from the north line of Lot 55, as  measured  along
 the  east  line  of  said premises conveyed to the Foundation for Jewish
 Philanthropies as extended;
 THENCE, westerly and parallel to  the  south  line  of  said  premises
 conveyed  to  the Foundation for Jewish Philanthropies and parallel with
 the north line of Lot 55, at an  angle  of  89�11'04"  measured  in  the
 southwest  quadrant from the last described course, a distance of 851.70
 feet to a point on the west line of premises  conveyed  to  Raymond  and
 Erna  Bitterman  by  deed  recorded in the Erie County Clerk's Office in
 Liber 2589 of Deeds at page 111;
 THENCE, southerly along the said west line  of  premises  conveyed  to
 Raymond and Erna Bitterman, at angle of 90�45'07" measured in the south
 east  quadrant from the last described course, a distance of 163.63 feet
 to the northeast corner of premises conveyed to Raymond and Erna Bitter
 man by deed recorded in the Erie County Clerk's Office in Liber 7422  of
 Deeds  at  page  527,  said  point also being a southeast corner of said
 premises conveyed to the Foundation for Jewish Philanthropies;
 THENCE, westerly along the south line of said premises conveyed to the
 Foundation for Jewish Philanthropies, and parallel with the  north  line
 of said Lot 55, at an angle of 90�45'07" measured in the northwest quad
 rant  from  the  last  described  course, a distance of 505.00 feet to a
 point;
 THENCE, southwesterly and continuing along the said south line of  the
 premises  conveyed  to  the  Foundation for Jewish Philanthropies, at an
 angle of 130�57'01" measured in the southeast  quadrant  from  the  last
 described course, a distance of 153.71 feet to a point;
 THENCE,  westerly  continuing  along  the  said south line of premises
 conveyed to the Foundation for Jewish Philanthropies, and parallel  with
 the north line of said Lot 55, at an angle of 229�02'59" measured in the
 southeast  quadrant from the last described course, a distance of 388.85
 feet to a point in an easterly line of said  premises  conveyed  to  the
 Foundation  of  Jewish  Philanthropies,  said point being distant 230.28
 feet northerly from the northeast corner of  premises  conveyed  to  the
 Alfred  J. Jurek Post 1672 of the American Legion Inc., by deed recorded
 in the Erie County Clerk's Office in Liber 6150 of Deeds at page 102;
 THENCE, southerly along a easterly line of said premises  conveyed  to
 the  Foundation  for Jewish Philanthropies and also continuing along the
 easterly line of said premises conveyed to the Alfred J. Jurek Post,  at
 an  angle  of 90�46'58" measured in the southeast quadrant from the last
 described course, a distance of 362.66 feet to a point, said point being
 the northwest corner of land conveyed to the Town  of  Amherst  by  deed
 recorded  in  the  Erie  County Clerk's Office in Liber 7993 of Deeds at
 page 225;
 
       S. 5608                             4
 THENCE, southeasterly along the north line of said  premises  conveyed
 to the Town of Amherst, at an angle of 108�24'42" measured in the north
 east quadrant from the last described course, a distance of 1046.95 feet
 to a point in the westerly line of said premises conveyed to Raymond and
 Erna Bitterman by deed recorded in Liber 2589 of Deeds at page 111, said
 point also being the northeaster corner of premises conveyed to the Town
 of Amherst by deed recorded in Liber 7993 of Deeds at page 225;
 THENCE,  northerly  along  the  said west line of premises conveyed to
 Raymond and Erna Bitterman, at an angle of  71�33'27"  measured  in  the
 northwest  quadrant from the last described course, a distance of 202.30
 feet to a point, said point  being  the  northwest  corner  of  premises
 conveyed  to  Richard E., Paul L. and Louise Roehmholdt by deed recorded
 in the Erie County Clerk's Office in Liber 4490 at page 224;
 THENCE, southeasterly along the north line of said  premises  conveyed
 to  Roehmholdt  and  parallel  with  the centerline of Smith Road, at an
 angle of 61�19'24" measured in the  southeast  quadrant  from  the  last
 described course, a distance of 300.00 feet to a point, said point being
 the northeast corner of said premises conveyed to Roehmholdt;
 THENCE,  southerly  and  parallel  with the west line of said premises
 conveyed to Roehmholdt, at an angle of 118�40'36" measured in the south
 west quadrant from the last described, a distance of 600.00  feet  to  a
 point in the centerline of said Smith Road;
 THENCE,  southeasterly along the centerline of Smith Road, at an angle
 of 118�40'36" measured in the northeast quadrant from the last described
 course, a distance of 667.95 feet to the point or place of beginning;
 Excepting therefrom that portion of premises lying within  the  bounds
 of Smith Road.
 Said premises containing 41.21 acres more or less.
 

S  5. In the event that the replacement town parklands to be dedicated
 in section four of this act are not equal to the size of the lands to be
 alienated in section three of this act, or are not equal to  or  greater
 than the fair market value of the lands to be alienated in section three
 of  this  act,  the town of Amherst shall dedicate additional town-owned
 lands for parkland and/or cause funds to be made available  for  capital
 improvements to its existing park and recreational facilities, as neces
 sary, to equal such fair market value.
 

S  6.  The discontinuance and conveyance of parkland authorized by the
 provisions of this act shall not occur until the  town  of  Amherst  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 7. This act shall take effect immediately.

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