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A10161 Summary:

BILL NOA10161
 
SAME ASSAME AS S09260
 
SPONSORMolitor
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the county of Chautauqua to alienate and discontinue the use of certain reforested lands.
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A10161 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10161
 
                   IN ASSEMBLY
 
                                    February 12, 2026
                                       ___________
 
        Introduced  by M. of A. MOLITOR -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT authorizing the county of Chautauqua to alienate and  discontinue
          the use of certain reforested lands
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding section  219  of  the  county  law  to  the
     2  contrary,  the  county of Chautauqua acting by and through its governing
     3  body and upon such terms and conditions as determined by such  body,  is
     4  hereby  authorized  to discontinue the use of lands described in section
     5  two of this act acquired for reforestation purposes for the purposes  of
     6  acquiring and dedicating other reforested lands or parklands adjacent to
     7  currently  existing parkland. The lands described in section two of this
     8  act are currently vacant property not used by the public for recreation-
     9  al or reforestation purposes. The authorization provided in this section
    10  shall be effective only upon the acquisition by the county of Chautauqua
    11  of lands described in section three of  this  act,  which  is  currently
    12  vacant  property  not  used by the public for recreational, parkland, or
    13  reforestation purposes.
    14    § 2. 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, situate in the Town of Ellery, Coun-
    18  ty  of  Chautauqua and State of New York being part of Lot 7, Town 3 and
    19  Range 13 of the Holland Land Company's Survey and being further  bounded
    20  and described as follows:
    21    On  the  North  by Lot number 8, fourteen (14) chains and eighty three
    22  (83) links, East by Town 3, Range  12  of  the  Holland  Land  Company's
    23  Survey,  twenty  six  (26)  chains  and ninety (90) links, South by land
    24  deeded to John S. Marsh, fourteen (14)  chains  and  eighty  three  (83)
    25  links,  West  by  lands deeded to Nicholas Thumb, twenty six (26) chains
    26  and ninety (90) links containing 40.734 acres more or less and being the
    27  same piece of land described in a deed from John Duer, Morris Robinson &
    28  William H. Seward by their attorney,  George  W.  Patterson,  to  Pearly
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14678-01-6

        A. 10161                            2
 
     1  Young dated the 11th day of February 1846 and recorded in the Chautauqua
     2  County  Clerk's Office on February 12, 1846 in Liber 31 of Deeds at page
     3  148.
     4    PARCEL 2:
     5    ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ripley, Coun-
     6  ty  of Chautauqua and State of New York being part of Lot 74, Town 3 and
     7  Range 15 of the Holland Land Company's Survey and being further  bounded
     8  and described as follows:
     9    BEGINNING  at a point on the centerline of Irish Road, said centerline
    10  being also the southerly line of  said  Lot  74,  at  the  southeasterly
    11  corner  of  lands  of the County of Chautauqua as firstly described in a
    12  deed dated April 30, 1951 and recorded in the Chautauqua County  Clerk's
    13  Office  on  May  9, 1952 in Liber 717 of Deeds at page 96, said point of
    14  beginning being also the  southwesterly  corner  of  lands  of  Kimberly
    15  Greentree  as  described in a deed dated September 22, 2020 and recorded
    16  in the Chautauqua County Clerk's Office on November 24, 2020 as  Instru-
    17  ment No. DE2020006554;
    18    THENCE  N  88°-14'-32"  W along the centerline of Irish Road and along
    19  the southerly line of Lot 74 and along the southerly line of said  lands
    20  of the County of Chautauqua, a distance of 40.01 feet to a point;
    21    THENCE  N  00°-20'-00" E through the said lands of the County of Chau-
    22  tauqua, 30.00 feet to a set rebar with cap; thence continuing along  the
    23  same  course  N  00°-20'-00"  E  and still through the said lands of the
    24  County of Chautauqua, 420.00 feet to a set rebar with cap;
    25    THENCE S 89°-40'-00" E and still through the said lands of the  County
    26  of  Chautauqua,  40.00 feet to a set rebar with cap on the westerly line
    27  of lands of Irish Road Sportsman's as described in a deed dated  Septem-
    28  ber  22,  1982  and  recorded in the Chautauqua County Clerk's Office on
    29  September 23, 1982 in Liber 1945 of Deeds at page 298;
    30    THENCE S 00°-20'-00" W along the line separating the said lands of the
    31  County of Chautauqua to the west  and  the  said  lands  of  Irish  Road
    32  Sportsman's  to  the  east,  76.24 feet to an existing iron stake at the
    33  northwesterly  corner  of  aforementioned  lands  of  Greentree;  thence
    34  continuing  along  the  same  course  S 00°-20'-00" W and along the line
    35  separating the said lands of the County of Chautauqua to  the  west  and
    36  the said lands of Greentree to the east, 349.86 feet to an existing iron
    37  stake;
    38    THENCE  continuing along the same course S 00°-20'-00" W and along the
    39  line separating the said lands of the County of Chautauqua to  the  west
    40  and  the said lands of Greentree to the east, 24.89 feet to the point of
    41  beginning containing 18,004.85 square feet or 0.413 acre of land  to  be
    42  the same more or less.
    43    Subject to the right of the public in and to Irish Road, any easements
    44  or  rights  of way of record that may validly affect the above described
    45  premises, and any oil and gas leases of record that may  validly  affect
    46  the above described premises.
    47    PARCEL 3:
    48    ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ripley, Coun-
    49  ty  of Chautauqua and State of New York being part of Lot 73, Town 3 and
    50  Range 15 of the Holland Land Company's Survey and being further  bounded
    51  and described as follows:
    52    BEGINNING  at an existing iron stake in a stone pile at the northeast-
    53  erly corner of said Lot 73 and the southeasterly corner of Lot 74,  said
    54  point  of commencing being also the northeasterly corner of lands of the
    55  County of Chautauqua as thirdly described in a deed dated April 30, 1951

        A. 10161                            3
 
     1  and recorded in the Chautauqua County Clerk's Office on May 9,  1952  in
     2  Liber 717 of Deeds at page 96;
     3    THENCE  N  88°-41'-26" W along the line separating Lot 73 to the south
     4  and Lot 74 to the north and along the northerly line of  said  lands  of
     5  the  County  of  Chautauqua, 693.80 feet to a point at the southeasterly
     6  corner of lands of Kimberly Greentree and Robert Aldridge  as  described
     7  in  a deed dated September 6, 2024 and recorded in the Chautauqua County
     8  Clerk's Office on September 30, 2024  as  Instrument  No.  DE2024006027,
     9  said point being located 24.75 feet southerly of an existing iron stake;
    10    THENCE  N  88°-40'-00" W and still along the line separating Lot 73 to
    11  the south and Lot 74 to the north and along the line separating the said
    12  lands of the County of Chautauqua to the south and  the  said  lands  of
    13  Greentree and Aldridge to the north, 275.04 feet to a set rebar with cap
    14  at the point of beginning of the parcel hereinafter described;
    15    THENCE  S  04°-38'-45" W through the said lands of the County of Chau-
    16  tauqua, 51.95 feet to a set rebar with cap; Thence continuing along  the
    17  same course S 04°-38'45" W and still through the said lands of the Coun-
    18  ty of Chautauqua, 30.00 feet to a point on the centerline of Irish Road;
    19  Thence  the  following  bearings  and  distances along the centerline of
    20  Irish Road,
    21    THENCE N 65°-37'34" W, 14.38 feet to a point; Thence N 69°-26'-26"  W,
    22  41.77 feet to a point;
    23    THENCE N73°-28'-14" W, 74.71 feet to a point;
    24    THENCE N 77°-01'-34" W, 96.65 feet to a point;
    25    THENCE N 82°-26'-07" W, 122.25 feet to a point;
    26    THENCE N 86°-03'35" W, 76.11 feet to a point;
    27    THENCE  N 85°-46'-53" W, 131.42 feet to a point on the line separating
    28  Lot 73 to the south and Lot 74 to the north, said point  being  also  on
    29  the  line  separating  the said lands of the County of Chautauqua to the
    30  south and the said lands of Greentree and Aldridge to the north;
    31    THENCE S 88°-40'-00" E along the line separating Lot 73 to  the  south
    32  and Lot 74 to the north, and along the line separating the said lands of
    33  the  County  of  Chautauqua to the south and the said lands of Greentree
    34  and Aldridge to the  north,  552.99  feet  to  the  point  of  beginning
    35  containing  14,001.46  square feet or 0.321 acres of land to be the same
    36  more or less.
    37    Subject to the right of the public in and to Irish Road, any easements
    38  or rights of way of record that may validly affect  the  above-described
    39  premises,  and  any oil and gas leases of record that may validly affect
    40  the above-described premises. The total acreage of  said  parcels  being
    41  41.468 acres more or less.
    42    §  3.  The  authorization provided in section one of this act shall be
    43  effective only upon the condition that the county of Chautauqua dedicate
    44  an amount equal to or greater than the fair market value  of  the  park-
    45  lands  being discontinued toward the acquisition of new parklands and/or
    46  other reforested lands. The additional real property to be acquired  and
    47  dedicated  for reforestation purposes, being more particularly bound and
    48  described as follows:
    49    ALL THAT TRACT OR PARCEL OF LAND situate in  the  Town  of  Arkwright,
    50  County  of  Chautauqua, State of New York, being part of Lot 52, Town 5,
    51  Range 11 of the Holland Land  Company's  Survey  (H.L.C.S.),  and  being
    52  further bounded and described as follows:
    53    BEGINNING at an existing iron pipe at the northeasterly corner of said
    54  H.L.C.S.  Lot  52, said iron pipe further being the northwesterly corner
    55  of lands conveyed by the Daniel R. Schrantz Revocable Trust  to  Michael
    56  Supples  and  Sherry Supples by deed dated June 28, 2017 and recorded at

        A. 10161                            4
 
     1  the Chautauqua County Clerk's Office  on  July  7,  2017  as  Instrument
     2  Number DE2017004192;
     3    THENCE S 00°06'29" W, along the easterly line of said H.L.C.S.  Lot 52
     4  and  the  westerly line of said lands conveyed to Supples, 1,065.24 feet
     5  to a set rebar and cap at the easterly-most corner in the northerly line
     6  of lands conveyed to DAF Land Holdings, LLC by deed  dated  January  17,
     7  2023  and  recorded  on April 6, 2023 as Instrument Number DE2023002664,
     8  said set rebar and cap further being  the  point  of  beginning  of  the
     9  parcel hereinafter described;
    10    THENCE  S 00°34'11" W, continuing along said easterly line of H.L.C.S.
    11  Lot 52 and along the easterly line of said lands conveyed to  DAF  Hold-
    12  ings,  LLC,  1,211.42 feet to the northeasterly corner of lands conveyed
    13  by Kenneth M. Tarbox to the County of Chautauqua by deed dated September
    14  22, 1980 and recorded on December 31, 1980 in Liber  1886  of  Deeds  at
    15  Page 48;
    16    THENCE  N 88°28'35" W, along the northerly line of said lands conveyed
    17  to the County of Chautauqua, 1,720.17 feet to a set rebar and cap;
    18    THENCE N 21°52'46" E, through said lands conveyed to  DAF  Land  Hold-
    19  ings, LLC, 710.67 feet to a set rebar and cap;
    20    THENCE  N  01°52'15"  W, continuing through said lands conveyed to DAF
    21  Land Holdings, LLC, 231.39 feet to a set rebar and cap;
    22    THENCE N 50°50'49" E, continuing through said lands  conveyed  to  DAF
    23  Land  Holdings,  LLC,  444.47 feet to a set rebar and cap at a corner in
    24  the northerly line thereof;
    25    THENCE S 89°42'27" E, along said northerly line of lands  conveyed  to
    26  DAF  Land  Holdings, LLC, 1,129.67 feet to the point and place of begin-
    27  ning, containing 41.080 acres of land to be the same more or less.
    28    Subject to any leases, easements or rights of  way  that  may  validly
    29  affect the above-described premises.
    30    §  4.  If the property described in section two of this act shall ever
    31  be used for a purpose other than the purpose described in section one of
    32  this act, such land shall be restored to its original  state  and  main-
    33  tained  as reforested lands in accordance with section 219 of the county
    34  law.
    35    § 5. This act shall take effect immediately.
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