A08842 Summary:

BILL NO    A08842 

SAME AS    SAME AS S06635

SPONSOR    Morelle

COSPNSR    

MLTSPNSR   



Authorizes the commissioner of general services to transfer and convey certain
unappropriated state land at the Industrial Residential Center in the town of
Rush to Monroe county.
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A08842 Memo:

BILL NUMBER:A8842

TITLE OF BILL:  An act to authorize the commissioner of general
services to transfer and convey certain unappropriated state land to
Monroe county

PURPOSE:  The purpose of this bill is to transfer state property at
the Industry Residential Center in the town of Rush to the county of
Monroe for the use of the county's certified juvenile detention
center.

SUMMARY OF PROVISIONS:

Section one of the bill authorizes the commissioner of general
services to transfer and convey to the county of Monroe, the state
property at the Industry Residential Center in the town of Rush by no
less than fifty-one percent of the total expenditures of the state in
rehabilitating the premises for occupancy by the county of Monroe.

Section two of the bill provides the coordinates and physical details
of the parcel of land to be transferred.

Section three compels the county of Monroe to submit an accurate
survey and description of the land.

Section four gives one year for the county of Monroe to apply for the
transfer to the state.

Section five details the restrictions and reverter for the county of
Monroe to maintain in order to permit this transfer and conveyance.

Section six is the effective date.

JUSTIFICATION:  The county of Monroe is in need of a new facility to
house its juvenile detention center. The Office of Children and Family
Services, along with Office of General Services have been working with
the county to find a suitable facility for the county's needs that
would be cost-efficient and provide for a swift transition. This
state-owned facility is not currently being utilized, and would meet
both the county and state's standards after rehabilitating the premise
for a juvenile detention center. All parties have worked together to
support this transfer and this legislation seeks to put into statute
the transfer and conveyance of the land, providing for certain
restrictions where the state may reclaim the land should the county of
Monroe not meet specific regulations.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  This act shall take effect immediately.
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A08842 Text:

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

                                         8842

                                 I N  A S S E M B L Y

                                   February 19, 2014
                                      ___________

       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Governmental Operations

       AN ACT to authorize the commissioner of general services to transfer and
         convey certain unappropriated state land to Monroe county

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

    1    Section  1.  Subject to the provisions of this act but notwithstanding
    2  any other provision of law to the contrary, the commissioner of  general
    3  services  is  hereby  authorized to transfer and convey to the county of
    4  Monroe, the state property at the Industry  Residential  Center  in  the
    5  town  of  Rush and the county of Monroe described in section two of this
    6  act, declared to be abandoned state land by the office of  children  and
    7  family  services.  The  transfer and conveyance of the land described in
    8  section two of this act shall be made upon payment of such consideration
    9  as may be determined by the commissioner of general  services,  but  not
   10  less  than  fifty-one  percent of the total expenditures of the state in
   11  rehabilitating the premises for occupancy by the county of  Monroe,  and
   12  upon  such  other conditions as the commissioner of general services and
   13  the office of children and family services may deem proper. In the event
   14  the county of Monroe does not provide full payment of at least fifty-one
   15  percent of the aforementioned expenditures in exchange for  transfer  of
   16  the  property, the office of children and family services may deduct the
   17  amounts owing from monies that would otherwise be distributed from  such
   18  office  to  the  county of Monroe pursuant to the social services law or
   19  any other applicable law irrespective of whether the  county  of  Monroe
   20  takes ownership of such property.
   21    S 2. The lands authorized by section one of this act to be transferred
   22  and conveyed are as follows:
   23    All that piece or parcel of land situate in the Rush, county of Monroe
   24  and  the state of New York, being a portion of Lot Number 58 in Township
   25  Number 11, Range 7 of the Phelps and Gorham  Purchase,  and  being  more
   26  particularly bounded and described as follows:
   27    Beginning  at  a  reinforcing  rod  in the northerly bounds of Scotts-
   28  ville-Rush Road at the southeast corner of  lands  granted  to  Glen  T.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14018-01-4
       A. 8842                             2

    1  Weaver  and  Patricia  Weaver  by letters patent dated March 2, 1994 and
    2  recorded in the Department of State in Book 97 of Patents at page 25 and
    3  recorded in the Monroe county clerk's office on March 24, 1994 in  liber
    4  8456 of deeds at page 223, thence from said point of beginning along the
    5  aforesaid lands granted to Weaver the following six (6) courses;
    6    1.N 00  58' 08" W, a distance of 544.84 feet to a point;
    7    2.N 05  13' 59" E, a distance of 272.81 feet to a point;
    8    3.N 23  37' 35" E, a distance of 350.68 feet to a point;
    9    4.N 33  14' 39" E, a distance of 210.99 feet to a point;
   10    5.N 24  21' 06" E, a distance of 425.53 feet to a reinforcing rod; and
   11    6.N 89  93' 00" E, a distance of 1,051.72 feet
   12    To  a  point  at  the  northwesterly corner of lands granted to German
   13  Chernavin by deed as recorded in the Monroe  county  clerk's  office  on
   14  October  19,  2010 in liber 10932 of deeds at page 685, thence S 00  20'
   15  40" W along the westerly bounds of said lands of German Chernavin and to
   16  and along the westerly bounds of lands, now or formerly, of  Richard  P.
   17  Foster  &  Judith C. Foster and lands, now or formerly, of Gary Feldt, a
   18  distance of 1,704.50 feet to a point  in  the  aforementioned  northerly
   19  bounds  of  Scottsville-Rush  Road, thence westerly along said northerly
   20  bounds, a distance of 1,488.74 feet to the point and place of beginning,
   21  containing 53.651 acres of land, more or less, all as  shown  on  a  map
   22  entitled "Survey of a Portion of Lands of the People of the State of New
   23  York  to be Conveyed to the County of Monroe" by Arthur M. English, PLS,
   24  dated December 12, 2013 and having drawing number 200.04-1-4.
   25    Together with an easement for ingress, egress and regress over a strip
   26  of land 60 feet in width (perpendicular measurement) being  bounded  and
   27  described as follows;
   28    Beginning  at a point in the westerly bounds of East River Road at the
   29  northeast corner of a parcel of land  granted  to  Glen  T.  Weaver  and
   30  Patricia  Weaver  by  Letters Patent dated March 2, 1994 and recorded in
   31  the Department of State in Book 97 of Patents at  page  25;  said  point
   32  also  being  at  the southeast corner of a parcel of land granted to the
   33  Board of Cooperative Educational Service,  First  Supervisory  District,
   34  Monroe  County,  New  York  by Letters Parent dated January 17, 1995 and
   35  recorded in the Department of State in Book 98 of Patents  at  page  22,
   36  thence  from said Point of Beginning westerly along the northerly bounds
   37  of said lands granted to Weaver, S 89  03' 00" W, a distance of 2,100.00
   38  feet to a point; thence S 00  57' 00" E through said  lands  granted  to
   39  Weaver,  thence N 89  03' 00" E along said southerly bounds of Weaver, a
   40  distance of 2,112.68 feet to a point in  the  westerly  bounds  of  East
   41  River  Road,  thence  N  12  52' 51" W along the westerly bounds of East
   42  River Road, a distance of 61.32 feet to the point and  place  of  begin-
   43  ning.
   44    S  3. The description in section two of this act is not intended to be
   45  a legal description but is intended to identify the land to be conveyed.
   46  As a condition of the transfer, the county of Monroe may submit  to  the
   47  commissioner  of  general services, for his or her approval, an accurate
   48  survey and description of the land to be conveyed, which may be used  in
   49  the conveyance thereof.
   50    S  4.  The office of general services shall not transfer or convey the
   51  aforesaid land unless application is made by the county of Monroe there-
   52  fore within one year of the effective date of this act.
   53    S 5. The transfer and conveyance made pursuant to this  act  shall  be
   54  subject to the following use restrictions and reverter:
       A. 8842                             3

    1    (a) The land described in section two of this act shall be used exclu-
    2  sively  for  the  purposes  of operating and maintaining a Monroe county
    3  certified juvenile detention facility.
    4    (b)  The  county  of Monroe shall own and operate a certified juvenile
    5  detention facility on the land for so long as  any  payment  obligations
    6  are  due from the county to the state under section one of this act. The
    7  county of Monroe shall not engage a private entity  to  operate  all  or
    8  part  of the certified detention facility on the county's behalf without
    9  prior written consent from the state.
   10    (c) In the event the premises are not accepted and/or used in  accord-
   11  ance with such provisions, it shall revert to the state of New York.
   12    (d)  The  conveyance  of  the land described in this act shall contain
   13  covenants and restrictions consistent with the provisions set  forth  in
   14  subdivisions (a) through (c) of this section.
   15    S 6. This act shall take effect immediately.
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