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S05127 Summary:

S05127 Actions:

S05127 Committee Votes:

S05127 Floor Votes:

S05127 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5127--A
            Cal. No. 565
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2021
                                       ___________
 
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, 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 authorizing the town of Webster, county of Monroe,
          to  alienate  certain  lands  used as parkland and to dedicate certain
          other lands as 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 Webster,
     2  located  in  the  county  of Monroe, 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  as parklands and alienate the lands
     5  more particularly described in section three of this act, and convey  to
     6  the  county  of  Monroe, for the purpose of fulfilling and assisting the
     7  completion of REDI Project MO.56 Lake Road Retirement Project.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective  only  upon  the condition that the county of Monroe convey to
    10  the town of Webster and that the town of Webster  acquire  and  dedicate
    11  the  lands  described in section four of this act as parklands, provided
    12  that neither the county nor the town of Webster has ever used such lands
    13  for public open space or park purposes.
    14    § 3. The parklands authorized by section one of this act to be  alien-
    15  ated as parklands are described as follows:
    16    All that certain tract or parcel of land containing 16,970 square feet
    17  or  0.389  acres  ±,  situated in the town of Webster, county of Monroe,
    18  state of New York, and being more particularly bounded and described  as
    19  follows:
    20    Commencing  at  a  point on the northerly right-of-way of lake road, a
    21  variable width right-of-way, at its intersection with the westerly  line

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09077-03-1
        S. 5127--A                          2
 
     1  of  lands  now  or  formerly  Kenneth  J.  &  Linda  M.  Lill (tax acct.
     2  063.060-001-003.1) and the easterly line of lands now or formerly of the
     3  town of Webster (tax acct. 063.090-001-078.13); thence,  south  62°  49'
     4  52"  west, along said right-of-way line, a distance of 20.28 feet to the
     5  point of beginning; thence, south 52° 10' 06" west along said  right-of-
     6  way,  a  distance  of  296.82 feet to a point; thence, south 56° 41' 34"
     7  west along said right-of-way, a distance of  315.18  feet  to  a  point;
     8  thence, departing the right-of-way of lake road through the lands now or
     9  formerly  of  the  town of Webster in a northeasterly direction, along a
    10  non-tangent curve to the left, having  a  radius  of  897.04  feet,  arc
    11  length  of  132.73  feet, delta 8° 28' 40", to a point of reverse curva-
    12  ture, said curve having a chord bearing of north 45°56'52"  east  and  a
    13  chord  distance  of  132.61  feet; thence, in a northeasterly direction,
    14  along a non-tangent curve to the right, having a radius of 780.00  feet,
    15  arc  length  of  281.07 feet, delta 20° 38' 48", to a point of tangency;
    16  said curve having a chord bearing of north 52°30'31" east  and  a  chord
    17  distance  of  279.55 feet; thence, north 62° 49' 52" east, a distance of
    18  203.14 feet to the point and place of beginning.
    19    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    20  described  in  section  three  of  this  act, the county of Monroe shall
    21  convey to the town of Webster and the town of Webster shall acquire  and
    22  dedicate as parklands such land described as follows:  All that tract or
    23  parcel  of land containing 21,141 square feet or 0.462 acres ±, situated
    24  in the town of Webster, county of Monroe, state of New York,  and  being
    25  more particularly bounded and described as follows:
    26    Commencing  at  a  point on the northerly right-of-way of lake road, a
    27  variable width right-of-way, at its intersection with the westerly  line
    28  of  lands  now  or  formerly  Kenneth  J.  &  Linda  M.  Lill (tax acct.
    29  063.060-001-003.1) and the easterly line of lands now or formerly of the
    30  town of Webster (tax acct. 063.090-001-078.13); thence,  south  11°  48'
    31  17" east through the right-of-way of lake road, a distance of 72.12 feet
    32  to  a  point  on  the  southerly right-of-way of lake road at its inter-
    33  section with the easterly line of lands now or formerly of the  town  of
    34  webster  (tax  acct.    063.090-001-037) and point of beginning; thence,
    35  along the southerly right-of-way of lake road the following courses in a
    36  southwesterly direction, along a non-tangent curve to the right,  having
    37  a radius of 2257.59 feet, arc length of 97.36 feet, delta 2° 28' 15", to
    38  a  point  of  tangency,  said  curve  having  a  chord  bearing of south
    39  51°18'15" west and a chord distance of 97.35 feet; thence, south 52° 32'
    40  22" west, a distance of 63.72 feet to a point; thence, south 55° 13' 14"
    41  west, a distance of 444.76 feet to a point; thence, north  42°  11'  01"
    42  east  departing  the  southerly right-of-way through the right-of-way of
    43  lake road, a distance of 150.40 feet to a point of curvature; thence, in
    44  a northeasterly direction, along a tangent curve to the right, having  a
    45  radius of 720.00 feet, arch length of 259.45 feet, delta 20° 38' 48", to
    46  a  point  of  tangency;  thence,  north  62° 49' 52" east, a distance of
    47  107.56 feet to a point; thence, north 68° 27' 49" east,  a  distance  of
    48  97.22 feet to the point of beginning.
    49    §  5.  In  the  event  that  the  fair  market  value of the parklands
    50  described in section four of this act to be dedicated  by  the  town  of
    51  Webster  pursuant  to this act are not equal to or greater than the fair
    52  market value of the parklands to be alienated as  described  in  section
    53  three  of this act, the town of Webster shall dedicate the difference of
    54  the fair market value of the lands to be alienated and the lands  to  be
    55  dedicated  for  the  acquisition  of additional parklands and/or capital
    56  improvements to existing park and recreational facilities.
        S. 5127--A                          3
 
     1    § 6. In the event that  the  town  of  Webster  received  any  funding
     2  support  or  assistance  from  the  federal government for the purchase,
     3  maintenance or improvement of the parklands set forth in  section  three
     4  of  this act, the discontinuance and alienation of such parkland author-
     5  ized  by  the  provisions  of this act shall not occur until the town of
     6  Webster has complied with any federal  requirements  pertaining  to  the
     7  alienation  or  conversion of parklands, including satisfying the secre-
     8  tary of the interior that the alienation or conversion complies with all
     9  conditions which the secretary of the interior deems necessary to assure
    10  the substitution of other lands shall be equivalent in fair market value
    11  and usefulness to the lands being alienated or converted.
    12    § 7. This act shall take effect immediately.