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S04560 Summary:

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S04560 Floor Votes:

S04560 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4560--B
            Cal. No. 846
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     April 10, 2013
                                       ___________
 
        Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance -- recommitted  to
          the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and

          recommitted  to said committee -- reported favorably from said commit-
          tee, ordered to first report, amended on first report,  ordered  to  a
          second  report and ordered reprinted, retaining its place in the order
          of second report
 
        AN ACT  authorizing  the  commissioner  of  transportation  to  transfer
          certain lands in the county of Allegany to the town of Andover
 
          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 trans-
     3  portation is hereby authorized to transfer and convey  to  the  town  of
     4  Andover,  in  consideration  of one dollar and upon such other consider-
     5  ation as the commissioner may deem proper, unused land formerly used  as

     6  a  department of transportation sub-residency facility, and any improve-
     7  ments thereon, located in the town of Andover, the county of Allegany.
     8    § 2. The land situated in the county of Allegany to be transferred and
     9  conveyed pursuant to section one of this act, is  further  described  as
    10  follows:
    11    ALL  THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town
    12  of Andover, in the County of Allegany and State of New York, being part-
    13  ly within and partly without the Village of Andover, being a part of Lot
    14  No. 81 in Township 2, Range 7, of Phelps and Gorhams Purchase  and  more
    15  particularly bounded and described as follows:
    16    BEGINNING  at  a  point  on  the  easterly  line of the Andover-Alfred
    17  Station-Almond State Highway No. 5502 where the same is  intersected  by
    18  the  division line between premises of the said party of the first part,

    19  on the south, and premises formerly owned by Roswin Hardy but now  owned
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10127-09-4
        S. 4560--B                          2
 
     1  by  Kenneth  Waters  (reputed  owner),  on the north, and running thence
     2  along said division line South 89 36'20" East 140.21 feet to  the  divi-
     3  sion  line between said premises of said party of the first part, on the
     4  west,  and premises of Wilmer C. Atwell and Margaret R. Atwell, his wife
     5  (reputed owners), on the east; thence along said last mentioned division
     6  line South 18 02'10" East 278.16 feet to the division line between  said
     7  premises  of  said party of the first part, on the west, and premises of

     8  Herman Lehman (reputed owner), on  the  east;  thence  along  said  last
     9  mentioned  division  line and the division line between said premises of
    10  said party of the first part, on the west, and  premises  of  Donald  L.
    11  Nichols  and  Reva  J.  Nichols, his wife (reputed owners), on the east,
    12  South 18 19'40" West 192.72 feet to an  angle  in  said  last  mentioned
    13  division  line;  thence along the division line between said premises of
    14  said party of the first part, on the west, and said premises  of  Donald
    15  L.  Nichols and Reva J. Nichols, his wife (reputed owners), and premises
    16  of Harold E. Dodge and Barbara J. Dodge, his wife (reputed  owners),  on
    17  the  east,  South  66   18'  20"  West  213.18 feet to the division line
    18  between said premises of said party of the first part, on the west,  and
    19  premises  of  John Dodge and Esther E. Dodge, his wife (reputed owners),

    20  on the east; thence  along  said  last  mentioned  division  line  South
    21  52 59'20" West 110.07 feet to the division line between said premises of
    22  said  party  of  the  first  part on the West, and the premises of Ralph
    23  Skinner and Wilma Skinner, his  wife  (reputed  owners),  on  the  east;
    24  thence  along  said  last mentioned division line South 43  27' 50" West
    25  195.87 feet to its intersection with the easterly line  of  the  Andover
    26  Village  State Highway No. 5419; thence along said easterly line of said
    27  highway and the easterly line of the Andover-Alfred Station-Almond State
    28  Highway No. 5502 the following three courses and distances, to wit:  (1)
    29  North  33   57'  10"  East  203.89 feet; (2) thence North 16 40'20" East
    30  455.67 feet, and (3) thence North 03  09' 40" East 136.24  feet  to  the
    31  point  and  place of beginning, containing 2.855± acres, of which 1.170±

    32  acres lie within the Village of Andover and 1.145± acres lie outside the
    33  Village of Andover; all bearings being referred to True North.
    34    TOGETHER WITH  all the right, title and interest, if any, of the  said
    35  party  of the first part in and to all that portion of the highway lying
    36  opposite and abutting said premises on the  west,  to  the  center  line
    37  thereof, as said highway existed on March 2, 1899.
    38    §  3.    The  description in section two of this act of the land to be
    39  conveyed is not intended to be a legal description but  is  intended  to
    40  identify  the parcel to be conveyed. As a condition of the purchase, the
    41  town of Andover shall submit to the commissioner of transportation,  for
    42  his  or her approval, an accurate survey and description of the lands to
    43  be conveyed, which shall be used in the conveyance thereof.

    44    § 4. The commissioner of transportation shall not transfer  or  convey
    45  the land described in section two of this act unless application is made
    46  by  the town of Andover within one year after the effective date of this
    47  act.
    48    § 5. The land described in section two of this act shall  be  used  by
    49  the town of Andover to advance the public purpose of providing such town
    50  with  additional  lands  for  the storage of materials, and the storage,
    51  repair and maintenance of equipment needed to maintain the town  highway
    52  system  and  upon  termination  of such use title to the lands so trans-
    53  ferred along with any improvements made  thereto  shall  revert  to  the
    54  state of New York.
    55    § 6. This act shall take effect immediately.