STATE OF NEW YORK
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1515--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
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Introduced by M. of A. J. M. GIGLIO -- read once and referred to the
Committee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the county of Cattaraugus to discon-
tinue as parklands and lease certain reforested lands in the town of
Perrysburg
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) Subject to the provisions of this act, the county of
2 Cattaraugus acting through its legislative body, is hereby authorized to
3 discontinue the use of and lease for a term not exceeding thirty years
4 certain parcels of reforested land in the town of Perrysburg, more
5 particularly described in section two of this act, upon the terms and
6 conditions contained in this act, for the purpose of aiding in discover-
7 ing and removing oil and/or gas from such reforested land and adequately
8 planting, fencing, and otherwise maintaining such land for purposes of
9 watershed protection, development of oil and gas retrieval, production
10 of timber and forest products, and recreation and kindred purposes
11 pursuant to section 219 of the county law.
12 (b) Any revenues received by the county of Cattaraugus from the lease
13 of such land shall be used for capital improvements of existing park or
14 recreational facilities and/or the acquisition of additional park or
15 recreational facilities.
16 § 2. The lands authorized to be leased by the county of Cattaraugus
17 pursuant to section one of this act, designated as Tax Map No.
18 2.003-1-20, shall be described as follows:
19 (a) That tract or parcel of land, situate in the Town of Perrysburg,
20 County of Cattaraugus and State of New York, distinguished by being part
21 of Lot 16, Town 6, Range 9 of the Holland Land Company's survey, bounded
22 and described as follows: Beginning at a point on the south line of Lot
23 16, which point is 2,258.24 feet west of the southeasterly corner of Lot
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01673-02-3
A. 1515--A 2
1 16; thence north parallel with the west line of Lot 16, 1,160.28 feet;
2 thence east on a line parallel with the south bounds of Lot 16. 739.2
3 feet; thence southeasterly at an interior angle of 119o 21', 981.81
4 feet; thence east at an exterior angle of 119o 21', 790.6 feet to the
5 center of the public highway commonly known as Easton Road; thence
6 southeasterly along the center of said highway or public road 66.18
7 feet; thence west on a line parallel to the south bounds of said lot
8 1,780 feet; thence south 232.98 feet to the south bounds of Lot 16,
9 thence west on the south bounds of said lot, 286.44 feet to the point of
10 beginning, containing 23.73 acres more or less.
11 (b) Also all that other tract or parcel of land, situate in the Town
12 of Perrysburg, County of Cattaraugus and State of New York, distin-
13 guished by being a part of lot number 16, in the 6th town and 9th range
14 of the Holland Land Company's survey, and bounded as follows: Beginning
15 on the north line of parcel D of lands conveyed to Vernon Croker and
16 Harold Croker by Warranty Deed recorded in the Cattaraugus County
17 Clerk's Office in Liber 555 of Deeds at Page 290 on March 2, 1956, at a
18 point 1680.6 feet east of the center line of North Road (said center
19 line of North Road being the west line of said Lot 16) ; thence easter-
20 ly, along the north line of the above mentioned Deed, 1169.94 feet to a
21 stake at the northeast corner of lands conveyed by above mentioned Deed;
22 thence southerly along the east line of lands conveyed by above
23 mentioned Deed and parallel to the west line of lot 16, 1160.28 feet to
24 the southeast corner of lands conveyed by above mentioned Deed; thence
25 westerly along the south bounds of land conveyed by above mentioned
26 Deed, 1169.94 feet to a stake; thence north, parallel to the west line
27 of Lot 16, 1160.28 feet to the point or place of beginning, containing
28 31 acres, more or less.
29 (c) Also all that other tract or parcel of land, situate in the Town
30 of Perrysburg, County of Cattaraugus and State of New York, distin-
31 guished by being part of Lot 16 in Town 6, Range 9 of the Holland Land
32 Company's survey, bounded and described as follows: Beginning at a point
33 in the south bounds of Lot 16 which point is 2,014.3 feet measured along
34 the south bounds of Lot 16 and an extension thereof from the center line
35 of the public highway commonly known as Eaton Road; thence north on a
36 line parallel to the west bounds of Lot 16 232.98 feet; thence east on a
37 line parallel to the south bounds of said lot 935 feet; thence south on
38 a line parallel to the west bounds of Lot 16 232.98 feet to the south
39 bounds of Lot 16; thence west along the south bounds of Lot 16 935 feet
40 to the point of beginning containing 5 acres, be the same more or less.
41 (d) Also all that other tract or parcel of land, situate in the Town
42 of Perrysburg, County of Cattaraugus and State of New York, distin-
43 guished by being part of Lot 15 in Town 6, Range 9 of the Holland Land
44 Company's Survey bounded and described as follows: Beginning at a point
45 in the north bounds of Lot 15 which point is 2014.3 feet measured along
46 the south bounds of Lot 16 and an extension thereof from the center line
47 of the public highway commonly known as Eaton Road; thence south on a
48 line parallel with the west bounds of Lot 15 400 feet; thence west on a
49 line parallel to the north bounds of lot 15 435.6 feet; thence north on
50 a line parallel to the west bounds of Lot 15 400 feet to the north
51 bounds of Lot 15; thence east along the north bounds of Lot 15 435.6
52 feet to the point of beginning containing 4 acres, be the same more or
53 less.
54 Said tract of lands containing a total of 63.73 acres, more or less.
55 § 3. Should the lands described in section two of this act cease to be
56 used for the purposes described in section one of this act, those lands
A. 1515--A 3
1 shall revert to the county of Cattaraugus for the purposes described by
2 section 219 of the county law.
3 § 4. The land to be leased pursuant to this act, and all structures
4 and facilities situated on such land, shall be maintained, and operated
5 by the lessee for the purposes described in section one of this act. The
6 use of such parkland and facilities shall continue to be made available
7 to the general public, including all residents of the county of Catta-
8 raugus. Where the availability of such facilities is limited, the use of
9 such facilities must be determined by an equitable method which provides
10 priority use to the general public based on a reservation policy for
11 free or for a nominal charge.
12 § 5. In the event that the county of Cattaraugus received any funding,
13 support, or assistance from the federal government for the purchase,
14 maintenance, or improvement of the parklands set forth in section two of
15 this act, the discontinuance and alienation of such parkland authorized
16 by the provisions of this act shall not occur until the county of Catta-
17 raugus has complied with any federal requirements pertaining to the
18 alienation or conversion of parklands, including satisfying the secre-
19 tary of the interior that the alienation or conversion complies with all
20 conditions which the secretary of the interior deems necessary to ensure
21 the substitution of other lands shall be equivalent in fair market value
22 and usefulness to the lands being alienated or converted.
23 § 6. This act shall take effect immediately.
