STATE OF NEW YORK
________________________________________________________________________
190
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT in relation to authorizing the conveyance of certain parklands in
the town of Hamlin in the county of Monroe to Sandy Creek Marina
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding the provisions of any other law to the
2 contrary, the commissioner of environmental conservation is hereby
3 authorized to enter into a contract, on behalf of and in the name of the
4 state, for the conveyance of fee title to a parcel of state park land in
5 the town of Hamlin, in the county of Monroe, as more fully described in
6 section three of this act, to Sandy Creek Marina.
7 § 2. The authorization provided in section one of this act shall be
8 effective only upon the condition that the state dedicate an amount
9 equal to or greater than the fair market value of the property being
10 alienated by this act for the acquisition of additional parklands and/or
11 for capital improvements to existing park and recreational facilities.
12 § 3. The lands authorized by this act to be discontinued as parklands
13 are as follows:
14 All that tract or parcel of land situate in the town of Hamlin, Monroe
15 County, New York state and being bounded and described as follows:
16 All that tract or parcel of land situated in part of Town Lot 7,
17 Section 10, Township 5, Town of Hamlin, County of Monroe, State of New
18 York and being more particularly described as follows:
19 Beginning at a point in the east right-of-way of Lake Road East Fork,
20 said point being the intersection of lands acquired by the State of New
21 York and lands of Nancy Butcher;
22 Thence northerly on a bearing of N 26 43'02" E a distance of 492.64
23 feet to a point;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00704-01-1
S. 190 2
1 Thence westerly on a bearing of N 65 26'38" W a distance of 100.00
2 feet to a point;
3 Thence southerly on a bearing of S 15 09'53" W a distance of 498.98
4 feet to a point, said point being the true point and place of beginning
5 Subject to all covenants, easements and restrictions of record, if
6 any, affecting said premises as recorded in the Monroe County Clerk's
7 office
8 Being and hereby intended to describe a parcel of land having 0.565
9 acres of land more or less, the same premises as shown on a map prepared
10 by Maier Land Surveying.
11 § 4. In the event that the state received any funding support or
12 assistance from the federal government for the purchase, maintenance or
13 improvement of the parklands set forth in section three of this act, the
14 discontinuance and alienation of such parkland authorized by the
15 provisions of section three of this act shall not occur until the state
16 has complied with any federal requirements pertaining to the alienation
17 or conversion of such parklands, including satisfying the secretary of
18 the interior that the alienation or conversion complies with all condi-
19 tions which the secretary of the interior deems necessary to assure the
20 substitution or improvement of other lands shall be equivalent in fair
21 market and usefulness to the lands being alienated or converted.
22 § 5. The commissioner of environmental conservation shall prescribe
23 additional terms for the conveyance of lands as he or she deems neces-
24 sary. Such contracts shall not become binding upon the state until
25 approved by the director of the budget and the comptroller. Title to the
26 land to be conveyed to the state pursuant to the provisions of such
27 contract shall be approved by the attorney general and the deed to the
28 state shall be approved by the attorney general as to form and manner of
29 execution before such deed shall be accepted on behalf of the state.
30 Notwithstanding the provisions of the public lands law, the conveyance
31 of the state owned lands, pursuant to such contract, shall be without
32 reservation or exception except as provided for in such contract. Upon
33 certification by the commissioner of environmental conservation to the
34 commissioner of general services of a copy of the contract and certif-
35 ication that Sandy Creek Marina has complied with all terms and condi-
36 tions of the contract upon its part to be kept and performed, together
37 with a description of each of the parcels to be exchanged, the commis-
38 sioner of general services shall convey all the right, title and inter-
39 est of the state in such land in accordance with the provisions of the
40 contract.
41 § 6. This act shall take effect immediately.
