A07874 Summary:

BILL NO    A07874 

SAME AS    SAME AS S05747

SPONSOR    Oaks

COSPNSR    

MLTSPNSR   



Authorizes the conveyance of certain real property of the state of New York to
Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New York in exchange for
real property of an equal or higher value, to be utilized for wildlife
management purposes.
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A07874 Actions:

BILL NO    A07874 

06/06/2013 referred to environmental conservation
01/08/2014 referred to environmental conservation
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A07874 Votes:

There are no votes for this bill in this legislative session.
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A07874 Memo:

BILL NUMBER:A7874

TITLE OF BILL:  An act to authorize the conveyance of certain real
property of the state of New York to Karen R. Lynch of 8283 West Port
Bay Road, Wolcott, New York in exchange for real property of an equal
or higher value, to be utilized for wildlife management purposes

PURPOSE OR GENERAL IDEA OF BILL:

To allow for the conveyance of real property owned by the state of New
York to be exchanged for real property of an equal or higher value, to
be utilized for wildlife management purposes

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Authorizes the Commissioner of DEC to enter into a contract
for the conveyance of a parcel of state wildlife lands

Section 2. Describes the lands to be conveyed to Karen R. Lynch by the
state Section

3. Describes the lands to be conveyed to the state by Karen R. Lynch

Section 4. Authorizes the Commissioner of DEC to prescribe additional
terms for the exchange, and states that the contract will not become
binding unless approved by the Director of Budget and Comptroller

Section 5. Effective date

JUSTIFICATION:

In 1975, an error was made in a deed description of a property on 8283
W. Port Bay Road, Wolcott, NY, and all subsequent transfers have
relied on that erroneous deed description.

During a land survey completed by the NYS DEC Real Property Office, it
was discovered that part of a property and residence thought to be
owned by Karen R. Lynch, were located on lands actually owned by the
State of New York.

As the DEC does not have the authority to sell this land to Mrs.
Lynch, an exchange of land is necessary.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:;

None

EFFECTIVE DATE:

Immediately
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A07874 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7874

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 6, 2013
                                      ___________

       Introduced  by  M. of A. OAKS -- read once and referred to the Committee
         on Environmental Conservation

       AN ACT to authorize the conveyance of certain real property of the state
         of New York to Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New
         York in exchange for real property of an equal or higher value, to  be
         utilized for wildlife management purposes

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

    1    Section 1. Notwithstanding any other provision of law, the commission-
    2  er of environmental conservation is hereby authorized to  enter  into  a
    3  contract for and on behalf of and in the name of the people of the state
    4  of New York ("the state"), for the conveyance of a parcel of state wild-
    5  life  management  lands  in  the town of Huron, county of Wayne, as more
    6  fully described in section two of  this  act,  to  Karen  R.  Lynch,  in
    7  exchange for lands described in section three of this act.
    8    The  conveyance  and  exchange  of  lands  authorized pursuant to this
    9  section shall be completed only if  the  commissioner  of  environmental
   10  conservation determines that:
   11    a.  the  parcel  described in section three of this act is of equal or
   12  greater value than the parcel described in section two of this act; and
   13    b. the parcel described in section three of this act is adaptable  for
   14  wildlife management and other purposes as prescribed in title 3 of arti-
   15  cle  11  of the environmental conservation law and consistent with para-
   16  graph v of subdivision 2 of section 3-0301 of the environmental  conser-
   17  vation  law,  is  contiguous to existing wildlife management area lands,
   18  and that the operation of the wildlife management area as a  whole  will
   19  not be adversely affected by such conveyance and exchange.
   20    S 2. The lands authorized to be conveyed to Karen R. Lynch pursuant to
   21  section one of this act are bounded and described as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11386-02-3
       A. 7874                             2

    1    ALL THAT TRACT OR PARCEL OF LAND situated in Lot 264 of the Williamson
    2  Tract,  Town  of  Huron,  County of Wayne, State of New York, being more
    3  particularly bounded and described as follows:
    4    COMMENCING  in the center of West Port Bay Road at the point of inter-
    5  section of said centerline with the south line of lands now or  formerly
    6  of William C. Michatek (Liber 785 of Deeds, Page 536) and the north line
    7  of  lands  of  Karen  R. Faulkner (Liber 972 of Deeds, Page 954); thence
    8  N75 57'12"W and along the south line of lands of said Michatek and along
    9  the north line of lands of said Faulkner 75.53 feet to a point marked by
   10  a rebar with aluminum cap set in an easterly line of lands of the People
   11  of the State of New York (Liber 584 of Deeds, Page  142)  and  the  true
   12  point of BEGINNING of the parcel to be described; thence S14 02'48"W and
   13  along  an easterly line of lands of said People of the State of New York
   14  and the westerly line of lands of said Faulkner which said line  is  the
   15  extension  southerly  of the west line of lands formerly owned by Albert
   16  R. Hickox (Liber 334 of Deeds, Page 169) now or formerly owned  by  said
   17  Michatek  120.00  feet  to  a point at the south west corner of lands of
   18  said Faulkner; thence N75 57'12"W through the lands of  said  People  of
   19  the State of New York and on the extension of the southerly line of said
   20  Faulkner  19.58 feet to a point marked by a rebar with aluminum cap set;
   21  thence N02 19'48"E and parallel with the centerline  of  West  Port  Bay
   22  Road  and  through  the  lands  of  said People of the State of New York
   23  122.55 feet to a point marked by a rebar with aluminum cap  set;  thence
   24  S75 57'12"E  and  through  the  lands  of the People of the State of New
   25  York, said line also being the extension westerly of the northerly  line
   26  of  lands  of  said Faulkner 44.47 feet to the point and place of BEGIN-
   27  NING.
   28    CONTAINING 0.0882 acres of land more or less.
   29    BEING a portion of the premises conveyed by Hazel  R.  Buisch  to  The
   30  People of the State of New York by appropriation dated December 20, 1966
   31  and  recorded  in the Wayne County Clerk's Office on January 27, 1967 in
   32  Liber 584 of Deeds, Page 142.
   33    S 3. In  exchange  for  the  conveyance  of  such  estate  and  rights
   34  described in section two of this act, Karen R. Lynch shall convey to the
   35  state,  by  warranty  deed  with  covenant  against  grantor's acts, the
   36  following described parcel of land:
   37    ALL THAT TRACT OR PARCEL OF LAND being part of Lot 303 in the William-
   38  son Tract, situate in the Town of Huron, County of Wayne  and  State  of
   39  New York, being more particularly bounded and described as follows:
   40    COMMENCING in the center of West Port Bay Road in the said Town at the
   41  point  of intersection of said centerline with the north line of Lot No.
   42  303; thence S85 37'23"W and along the north  line  of  Lot  303,  for  a
   43  distance of 175.00 feet to the northeasterly corner of premises conveyed
   44  by  deed  to  the  People  of the State of New York by Henry Hugh Bolger
   45  dated April 22, 1964 and recorded in the Wayne County Clerk's Office  in
   46  Liber  531  of  Deeds,  Page  104 and the true point of BEGINNING of the
   47  parcel to be described; thence S04 07'02"W and along the  easterly  line
   48  of  said  People of the State of New York and the westerly line of lands
   49  of Cheryl M. Darling (Liber 679 of Deeds, Page 775) for  a  distance  of
   50  674.65  feet  to  a  point at the southeast corner of said People of the
   51  State of New York and the south line of premises  formerly  conveyed  to
   52  Henry  H. Bolger and wife by Vina Mae Turner by deed dated June 13, 1952
   53  and recorded in the Wayne County Clerk's Office in Liber 398  of  Deeds,
   54  Page 471, said point being 275 feet from the centerline of West Port Bay
   55  Road;  thence  N85 53'18"E  and along the southerly line of said Darling
   56  for a distance of 13.05 feet to a point marked by a rebar with  aluminum
       A. 7874                             3

    1  cap  set; thence N03 01'03"E and through the lands of said Darling for a
    2  distance of 672.91 feet to the point and place of BEGINNING.
    3    CONTAINING 0.10 acres of land more or less.
    4    BEING  the  same  premises  conveyed  to  Karen  R. Lynch by Cheryl M.
    5  Darling by deed dated May 14, 2013 and  recorded  in  the  Wayne  County
    6  Clerk's Office on May 24, 2013 in deed instrument number R9151206.
    7    S  4.  The  commissioner  of  environmental conservation may prescribe
    8  additional terms for such exchange of lands.  Such  contract  shall  not
    9  become  binding  upon  the  state  until approved by the director of the
   10  budget and the comptroller. Title to the land  to  be  conveyed  to  the
   11  state  pursuant  to the provisions of such contract shall be approved by
   12  the attorney general and the deed to the state shall be approved by such
   13  attorney general as to form and manner of  execution  and  recordability
   14  before  such  deed  shall  be accepted on behalf of the state.  Notwith-
   15  standing the provisions of the public lands law, the conveyance  of  the
   16  state  owned  lands pursuant to such contract, shall be without reserva-
   17  tion or exception except as provided for in such contract. Upon  certif-
   18  ication by the commissioner of environmental conservation to the commis-
   19  sioner  of  general services of a copy of the contract and certification
   20  that Karen R. Lynch has complied with all terms and  conditions  of  the
   21  contract  upon  her  part  to  be  kept  and  performed, together with a
   22  description of each of the parcels to be exchanged, the commissioner  of
   23  general  services shall convey the land described in section two of this
   24  act in accordance with the provision of the contract.  Any  interest  in
   25  land  acquired  by  the  state  pursuant to this act shall be devoted to
   26  wildlife management and such other kindred purposes as may be determined
   27  by the commissioner of environmental conservation in accordance with the
   28  environmental conservation law.
   29    S 5. This act shall take effect immediately.
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