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S02345 Summary:

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S02345 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2345--A
            Cal. No. 432
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2013
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the  Committee  on  Cultural  Affairs,
          Tourism,  Parks and Recreation -- reported favorably from said commit-
          tee, ordered to first and second report, ordered to a  third  reading,

          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT in relation to the alienation and substitution of  certain  park-
          lands in the town of Amherst in the county of Erie
 
          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 Amherst,
     2  in the county of Erie, acting by and through its town board,  is  hereby
     3  authorized to discontinue as parklands and alienate, the lands described
     4  in section three of this act.
     5    § 2. The authorization contained in section one of this act shall take
     6  effect  only  upon  the condition that the town of Amherst shall acquire
     7  and dedicate the lands of equal or greater fair market  value  described
     8  in section four of this act as additional parklands of the town.

     9    §  3. The lands authorized by section one of this act to be discontin-
    10  ued as parklands are as follows:
    11    ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun-
    12  ty of Erie and State of New York being part of Lot No. 27, Township  13,
    13  Range 7 of the Holland Land Company Survey, described as follows:
    14    Beginning at the point of beginning of the New York State Canal Corpo-
    15  ration  Abandonment  of  the  Town  of Amherst by Deed recorded in Liber
    16  11007 of Deeds at page 740 on May 29, 2002; thence  north  62   50'  00"
    17  east  a distance of 27.66 feet to a point; thence north 64  39' 00" east
    18  a distance of 65.05 feet to a point; thence north 67   29'  00"  east  a
    19  distance  of  64.65  feet  to  a  point; thence north 70  57' 00" east a
    20  distance of 64.72 feet to a point  thence  north  73   31'  00"  east  a

    21  distance  of  197.15  feet  to  a point; thence north 75  31' 00" east a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05562-07-3
        S. 2345--A                          2
 
     1  distance of 65.20 feet to a point; thence  north  77   29'  00"  east  a
     2  distance  of  64.98  feet  to  a  point; thence north 80  15' 00" east a
     3  distance of 65.43 feet to a point; thence  north  80   24'  00"  east  a
     4  distance  of  65.68  feet  to  a  point; thence north 82  17' 00" east a
     5  distance of 65.63 feet to a point; thence  north  82   49'  00"  east  a
     6  distance  of  65.80  feet  to  a  point; thence north 83  30' 00" east a
     7  distance of 65.47 feet to a point; thence  north  85   02'  00"  east  a

     8  distance  of  65.50  feet  to  a  point; thence north 85  24' 00" east a
     9  distance of 329.65 feet to a point; thence north  89   02'  00"  east  a
    10  distance  of  265  feet  to  a  point;  thence  south 00  00' 00" west a
    11  distance of 177.55 feet to a point in the northerly  line  of  Tonawanda
    12  Creek  Road;  thence south 84  30' 37" west and along the northerly line
    13  of Tonawanda Creek Road a distance of 275.35 feet  to  a  point;  thence
    14  continuing southwesterly along the radius of the north line of Tonawanda
    15  Creek  Road  a  distance of 689.94 feet to a point; thence south 62  56'
    16  39" west and continuing along the northerly line of Tonawanda Creek Road
    17  a distance of 607.01 feet to a point; thence southerly 75  52' 37"  west
    18  a  distance  of  58.54 feet to the southwest corner of lands conveyed by
    19  Liber 3030 of Deeds at page 441; thence north 07  06' 50" east and along

    20  the westerly line of lands conveyed by Deed recorded in  Liber  3030  of
    21  Deeds  at  page 441 a distance of 153.14 feet to the northwest corner of
    22  lands conveyed by the last mentioned deed; thence north 75  28' 00" east
    23  and along the northerly line of lands conveyed by Deed recorded in Liber
    24  3030 at page 441 a distance of 22.21 feet to a point; thence  north  01 
    25  06'  56" east and along the easterly line of New York State Canal Corpo-
    26  ration's Abandonment to the Town of Amherst by Deed  recorded  in  Liber
    27  11,007  at  page 0740 a distance of 275.22 feet to the point or place of
    28  beginning.
    29    Containing 9.18 acres more or less.
    30    Excepting therefrom those lands conveyed by Deed recorded in the  Erie
    31  County  Clerk's Office in Liber 3030 of Deeds at Page 441; Liber 9090 of
    32  Deeds at page 545 and Liber 9164 of Deeds at page 580.

    33    Excepting therefrom, the Reservations contained in a Deed to the gran-
    34  tor herein recorded in Liber 11007 of Deeds  at  page  074  and  further
    35  subject  to  designation  as  parkland in a contract between the Town of
    36  Amherst and the New York State Office of Parks, Recreation, and Historic
    37  Preservation, dated June 27, 2001, and providing that the  grantor  will
    38  provide  continued  maintenance  of the existing eight foot wide macadam
    39  Bike Path transversing the property hereby conveyed in  accordance  with
    40  the  Trail Guidelines contained in the Canal Recreation Way Plan as such
    41  plan exists on the date of this conveyance.
    42    § 4. Prior to  the  discontinuance  and  alienation  of  the  parkland
    43  described  in  section  three  of  this act, the town of Amherst, acting
    44  through its town board, shall acquire and dedicate replacement lands for

    45  use as parkland for public park purposes, with such  replacement  lands,
    46  being of equal or greater fair market value, as follows:
    47    ALL  THAT  TRACT  OR  PARCEL  OF LAND situated in the Town of Amherst,
    48  County of Erie, State of New York being part of Lot  102,  Township  12,
    49  Range  7 of the Holland Land Survey (so-called) bounded and described as
    50  follows:
    51    Beginning at a point in the west line of Lot 102 at  its  intersection
    52  with  the  south line of lands conveyed to George Biser by Deed recorded
    53  in the Erie County Clerk's Office in Liber 154 of Deeds at page 429;
    54    THENCE: S-88 -17'-07"-E, along said south line and the south  line  of
    55  lands  shown on a subdivision map of Hunter's Woods East recorded in the
        S. 2345--A                          3
 
     1  Erie County Clerk's Office under Cover No. 2395 a distance  of  2,367.45

     2  feet to the centerline of Smith Road;
     3    THENCE:  S-47 -10'-26"-E,  along  said centerline a distance of 549.63
     4  feet to the south line of lands  conveyed  to  Joseph  Neuhaus  by  Deed
     5  recorded in Liber 1270 of Deeds at page 370;
     6    THENCE:  N-88 -09'-11"-W,  along  said south line a distance of 2,780±
     7  feet to the west line of lot 102;
     8    THENCE: N-00 -24'-46"-E, along said west line  a  distance  of  355.08
     9  feet  to  the  point  of  beginning  containing 19.95 acres more or less
    10  exclusive of the area lying within the bounds of Smith Road.
    11    Containing 20.95 acres more or less.
    12    § 5. In the event that the parklands to be dedicated by  the  town  of
    13  Amherst  pursuant  to this act are not equal to or greater than the fair
    14  market value of the parkland to be discontinued,  the  town  of  Amherst
    15  shall  dedicate  the difference of the fair market value of the lands to

    16  be alienated and the lands to be dedicated for the acquisition of  addi-
    17  tional  parklands  and/or  for capital improvements to existing park and
    18  recreational facilities.
    19    § 6. In the event that  the  town  of  Amherst  received  any  funding
    20  support  or  assistance  from  the  federal government for the purchase,
    21  maintenance or improvement of the parklands set forth in  section  three
    22  of  this act, the discontinuance and alienation of such parkland author-
    23  ized by the provisions of section three of  this  act  shall  not  occur
    24  until  the  town  of  Amherst has complied with any federal requirements
    25  pertaining to the alienation or conversion of such parklands,  including
    26  satisfying  the secretary of the interior that the alienation or conver-
    27  sion complies with all conditions which the secretary  of  the  interior

    28  deems  necessary  to  assure  the  substitution  of other lands shall be
    29  equivalent in fair market and usefulness to the lands being alienated or
    30  converted.
    31    § 7. This act shall take effect immediately.