A08842 Summary:

BILL NO    A08842A

SAME AS    SAME AS S06635-A

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:A8842A

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--A

                                 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 -- reported and referred to the Commit-
         tee on Codes -- committee discharged, bill amended, ordered  reprinted
         as amended and recommitted to said committee

       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:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14018-02-4
       A. 8842--A                          2

    1    Beginning at a reinforcing rod in  the  northerly  bounds  of  Scotts-
    2  ville-Rush  Road  at  the  southeast  corner of lands granted to Glen T.
    3  Weaver and Patricia Weaver by letters patent dated  March  2,  1994  and
    4  recorded in the Department of State in Book 97 of Patents at page 25 and
    5  recorded  in the Monroe county clerk's office on March 24, 1994 in liber
    6  8456 of deeds at page 223, thence from said point of beginning along the
    7  aforesaid lands granted to Weaver the following six (6) courses;
    8    1.N 00  58' 08" W, a distance of 544.84 feet to a point;
    9    2.N 05  13' 59" E, a distance of 272.81 feet to a point;
   10    3.N 23  37' 35" E, a distance of 350.68 feet to a point;
   11    4.N 33  14' 39" E, a distance of 210.99 feet to a point;
   12    5.N 24  21' 06" E, a distance of 425.53 feet to a reinforcing rod; and
   13    6.N 89  93' 00" E, a distance of 1,051.72 feet
   14    To a point at the northwesterly corner  of  lands  granted  to  German
   15  Chernavin  by  deed  as  recorded in the Monroe county clerk's office on
   16  October 19, 2010 in liber 10932 of deeds at page 685, thence S  00   20'
   17  40" W along the westerly bounds of said lands of German Chernavin and to
   18  and  along  the westerly bounds of lands, now or formerly, of Richard P.
   19  Foster & Judith C. Foster and lands, now or formerly, of Gary  Feldt,  a
   20  distance  of  1,704.50  feet  to a point in the aforementioned northerly
   21  bounds of Scottsville-Rush Road, thence westerly  along  said  northerly
   22  bounds, a distance of 1,488.74 feet to the point and place of beginning,
   23  containing  53.651  acres  of  land, more or less, all as shown on a map
   24  entitled "Survey of a Portion of Lands of the People of the State of New
   25  York to be Conveyed to the County of Monroe" by Arthur M. English,  PLS,
   26  dated December 12, 2013 and having drawing number 200.04-1-4.
   27    Together with an easement for ingress, egress and regress over a strip
   28  of  land  60 feet in width (perpendicular measurement) being bounded and
   29  described as follows;
   30    Beginning at a point in the westerly bounds of East River Road at  the
   31  northeast  corner  of  a  parcel  of  land granted to Glen T. Weaver and
   32  Patricia Weaver by Letters Patent dated March 2, 1994  and  recorded  in
   33  the  Department  of  State  in Book 97 of Patents at page 25; said point
   34  also being at the southeast corner of a parcel of land  granted  to  the
   35  Board  of  Cooperative  Educational Service, First Supervisory District,
   36  Monroe County, New York by Letters Parent dated  January  17,  1995  and
   37  recorded  in  the  Department of State in Book 98 of Patents at page 22,
   38  thence from said Point of Beginning westerly along the northerly  bounds
   39  of said lands granted to Weaver, S 89  03' 00" W, a distance of 2,100.00
   40  feet  to  a  point; thence S 00  57' 00" E through said lands granted to
   41  Weaver, thence N 89  03' 00" E along said southerly bounds of Weaver,  a
   42  distance  of  2,112.68  feet  to  a point in the westerly bounds of East
   43  River Road, thence N 12  52' 51" W along the  westerly  bounds  of  East
   44  River  Road,  a  distance of 61.32 feet to the point and place of begin-
   45  ning.
   46    S 3. The description in section two of this act is not intended to  be
   47  a legal description but is intended to identify the land to be conveyed.
   48  As  a  condition of the transfer, the county of Monroe may submit to the
   49  commissioner of general services, for his or her approval,  an  accurate
   50  survey  and description of the land to be conveyed, which may be used in
   51  the conveyance thereof.
   52    S 4. The office of general services shall not transfer or  convey  the
   53  aforesaid land unless application is made by the county of Monroe there-
   54  fore within one year of the effective date of this act.
   55    S  5.  The  transfer and conveyance made pursuant to this act shall be
   56  subject to the following use restrictions and reverter:
       A. 8842--A                          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 contract with a private entity to operate all
    8  or part of the certified detention facility on the county's behalf with-
    9  out prior written consent from the state office of children  and  family
   10  services. Any such private entity must be a not-for-profit organization.
   11  Such  certified  juvenile detention facility shall be subject to section
   12  218-a of the county law, section 503 of the executive law and all  other
   13  laws  governing  such  facilities for, and the detention of, youths and,
   14  notwithstanding the provisions of any other law, shall  be  a  detention
   15  facility  within  the meaning of subdivision three of section 502 of the
   16  executive law.
   17    (c) In the event the premises are not accepted and/or used in  accord-
   18  ance with such provisions, it shall revert to the state of New York.
   19    (d)  The  conveyance  of  the land described in this act shall contain
   20  covenants and restrictions consistent with the provisions set  forth  in
   21  subdivisions (a) through (c) of this section.
   22    S 6. This act shall take effect immediately.
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