Authorizes the town of Eden, county of Erie, to discontinue as parklands and alienate certain lands for the purpose of providing needed resources to the existing parks within such town.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9754
SPONSOR: DiPietro TITLE OF BILL:
An act in relation to authorizing the town of Eden to alienate and
discontinue the use of certain parklands
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the Town of Eden, Erie County, to alienate certain unused
parklands and to sell such parcels in order to provide needed resources
to enhance the Town's existing park system and recreational facilities
SUMMARY OF PROVISIONS:
Section one authorizes the town of Eden to discontinue as parklands and
alienate the lands described in section three to sell and convey such
lands as fair market value, for the purpose of providing needed
resources to enhance the existing parks within the town.
Section 2. Requires that such authorization provided in section one to
be effective only upon the condition that the town dedicate an amount
equal to or greater than the fair market value of the parklands to be
discontinued toward new parklands and/or capital improvements to exist-
ing park and recreational facilities.
Section 3. Describes the parkland to be alienated.
Section 4. Establishes federal requirements.
Section 5. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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JUSTIFICATION:
The Town of Eden, situated within Erie County, has requested authori-
zation to alienate unused parkland, deeded to it by developers of a
neighboring subdivision, that boarder's residential properties. The
parkland in question has remained unused for over 16 years and the Town
has no proposed use for the land, as it already maintains existing parks
within two miles of said location. Moreover, revenue from the sale of
these parcels will afford the Town with the funds necessary to enhance
its existing parks and recreational facilities.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
9754
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Local Governments
AN ACT in relation to authorizing the town of Eden to alienate and
discontinue the use of certain parklands
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, the town of Eden,
2 located in the county of Erie, acting by and through its governing body
3 and upon such terms and conditions as determined by such body, is hereby
4 authorized to discontinue as parklands and alienate the lands more
5 particularly described in section three of this act, and to sell and
6 convey such lands at fair market value, for the purpose of providing
7 needed resources to enhance the existing parks within the town.
8 § 2. The authorization provided in section one of this act shall be
9 effective only upon the condition that the town of Eden, county of Erie,
10 dedicate an amount equal to or greater than the fair market value of the
11 parklands being discontinued toward the acquisition of new parklands
12 and/or capital improvements to existing park and recreational facili-
13 ties.
14 § 3. The parklands authorized by section one of this act to be alien-
15 ated are described as follows:
16 PARCEL 1:
17 All That Tract or Parcel of Land, Town of Eden, County of Erie, State
18 of New York, being part of Lot No. 29, Township 8, Range 8 of the
19 Holland Land Company's Survey, bounded and described as follows:
20 Beginning at a point in the east line of map cover number 2553 at the
21 northeast corner of East Pleasant Avenue, a 70 foot wide right of way;
22 thence S 89°-59'-29" E, a distance of 23.01 feet to a point of curva-
23 ture;
24 thence northeasterly along a curve to the left having a radius of
25 265.00 feet and an arc length of 196.21 feet to a point of reverse
26 curvature;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14978-02-4
A. 9754 2
1 thence northeasterly along a curve to the right having a radius of
2 335.00 feet and an arc length of 246.70 feet;
3 thence N 89°-46'-49" E, a distance of 221.93 feet;
4 thence S 01°-28'-52" W, a distance of 70.03 feet to a point in the
5 south line of East Pleasant Avenue, a 70 foot wide right of way;
6 thence S 89°-46'-49" W, a distance of 219.85 feet to a point of curva-
7 ture;
8 thence southwesterly along a curve to the left having a radius of
9 265.00 feet and an arc length of 195.15 feet to a point of reverse
10 curvature;
11 thence southwesterly along a curve to the right having a radius of
12 335.00 feet and an arc length of 248.03 feet;
13 thence N 89°-59'-29" W, a distance of 24.77 feet to a point in the
14 east line of map cover 2553;
15 thence N 01°-26'-47" E, a distance of 70.02 feet to the point of
16 beginning, containing 1.11 acres more or less.
17 PARCEL 2:
18 All that tract or Parcel of Land, Town of Eden, County of Erie, State
19 of New York, being part of Lot No. 29, Township 8, Range 8 of the
20 Holland Land Company's Survey, bounded and described as follows:
21 Beginning at a point in the southeast corner of map cover number 2591;
22 thence N 01°-26'-47" E, a distance of 77.07 feet;
23 thence S 89°-59'-29" E, a distance of 148.74 feet;
24 thence N 67°-30'-55" E. a distance of 438.02 feet;
25 thence N 89°-46'-49" E, a distance of 225.00 feet;
26 thence S 01°-28'-52" W, a distance of 218.15 feet;
27 thence S 89°-4I'-30" E, a distance of 199.95 feet;
28 thence S 01°-28'-52" W. a distance of 31.50 feet;
29 thence N 89°-41'-30" W. a distance of 973.92 feet to the point of
30 beginning, containing 3.19 acres more or less
31 § 4. In the event that the town of Eden received any funding support
32 or assistance from the federal government for the purchase, maintenance
33 or improvement of the parklands set forth in section three of this act,
34 the discontinuance and alienation of such parkland authorized by the
35 provisions of this act shall not occur until the town of Eden has
36 complied with any federal requirements pertaining to the alienation or
37 conversion of parklands, including satisfying the secretary of the inte-
38 rior that the alienation or conversion complies with all conditions
39 which the secretary of the interior deems necessary to ensure the
40 substitution of other lands shall be equivalent in fair market value and
41 usefulness to the lands being alienated or converted.
42 § 5. This act shall take effect immediately.
