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S05425 Summary:

S05425 Actions:

S05425 Committee Votes:

S05425 Floor Votes:

S05425 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5425--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      May 14, 2015
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to authorize the conveyance of title of certain parklands in  the
          village of Penn Yan
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
     2  determines  that the village of Penn Yan, in the county of Yates, alien-
     3  ated and conveyed municipal parklands  on  September  25,  1972  to  the
     4  company  known  as Penn Yan Boats, Inc., as authorized by chapter 353 of
     5  the laws of 1972 in exchange for five additional substitute  parcels  of
     6  land. Furthermore:
     7    (a) On February 26, 2014 the village of Penn Yan, county of Yates, and
     8  Keuka  Outlet  Development  LLC  entered into a development agreement to
     9  redevelop and rehabilitate the former Penn Yan  Marine  site  originally
    10  conveyed  to Penn Yan Boats, Inc. pursuant to chapter 353 of the laws of
    11  1972, with the county and Keuka  entering  into  a  Brownfield  Clean-Up
    12  Agreement  with the New York State Department of Environmental Conserva-
    13  tion.
    14    (b) Subsequent to the parties entering into the development  agreement
    15  it  was discovered that the legal description used in chapter 353 of the
    16  laws of 1972 and property deed used to  convey  the  land  to  Penn  Yan
    17  Boats,  Inc., both failed to properly define the metes and bounds of the
    18  lands to be conveyed and which were thereafter used and occupied by Penn
    19  Yan Boats, Inc.
    20    (c) Prior to the discovery of the erroneous property description,  the
    21  village  of  Penn  Yan  was unaware that there remained an appearance it
    22  retained title or interest in the small parcel of property not  properly
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11093-05-5
        S. 5425--A                          2
 
     1  included  in  the  legal description of the land from chapter 353 of the
     2  laws of 1972.
     3    (d)  At  no  time  after  the  1972 conveyance of the property did the
     4  village occupy or use the parcel of land described in  section  four  of
     5  this act.
     6    §  2. Notwithstanding the defect described in section one of this act,
     7  the prior alienation  and  conveyance  of  the  parklands  described  in
     8  section  four  of this act to Penn Yan Boats, Inc., is hereby validated,
     9  legalized, ratified and confirmed, notwithstanding the absence of  prior
    10  legislative approval.
    11    § 3. Furthermore, the village of Penn Yan, Yates County, acting by and
    12  through  its village board, is authorized to discontinue and alienate as
    13  parklands the lands described in section four of this act,  and  convey,
    14  by  quitclaim  deed, any interest it may have in such parklands to Keuka
    15  Outlet Development, LLC.
    16    § 4. The parklands to be discontinued, alienated, and conveyed  pursu-
    17  ant  to  sections two and three of this act are bounded and described as
    18  follows:
    19    ALL THAT TRACT OR PARCEL OF LAND situate in the Village of  Penn  Yan,
    20  Town  of Milo, County of Yates, State of New York, bounded and described
    21  as follows: Beginning on the Westerly line if Hicks Street, which is the
    22  Southwest corner of said Hicks Street and which is North 49 00'06"  West
    23  eight  hundred  sixty-four  and sixty hundredths (864.60') feet from the
    24  Westerly line of Lake Street, and thence running  North  49 00'06"  West
    25  seventy-eight  and  fifty  four  hundredths feet (78.54') along the said
    26  Westerly line of Hicks Street produced to a point; thence running  North
    27  15 14'54"  East thirty-three and sixty-six hundredths feet (33.66') to a
    28  point on the Westerly boundary line of  Penn  Yan  Boats,  Inc.;  thence
    29  running  South  58 45'06  East  one  hundred  ninety-six and sixty-eight
    30  hundredths feet (196.68') along the lands of said Penn Yan  Boats,  Inc.
    31  to  a  point  which is the Southwest corner of their lands, thence South
    32  39 59'54" West two hundred ninety-five and sixty-eight  hundredths  feet
    33  (295.68')  along  the Westerly boundary line of lands of Penn Yan Boats,
    34  Inc. and across the terminus line of Hicks Street to the place of begin-
    35  ning containing 1.77 acres of land, more or less.
    36    ALSO, ALL THAT OTHER TRACT OR PARCEL OF LAND situate in the Village of
    37  Penn Yan, Town of Milo, County of Yates, State of New York, bounded  and
    38  described as follows: Beginning at a point on the Westerly line of Hicks
    39  Street  which  is  nine hundred forty-three and fourteen hundredths feet
    40  (943.14') along the Westerly line of  Hicks  Street  extended  from  the
    41  Westerly  line  of  Lake  Street and thence running North 49 00'06" West
    42  seventy feet (70.00') (83.65' Meas.) more or  less  along  the  Westerly
    43  line  of  Hicks  Street  extended to a point on the Easterly line of the
    44  lands of the Seneca Grape Juice  Corporation;  thence  continuing  North
    45  49 00'06"  West  one  hundred  nine and eighty hundredths (109.80') to a
    46  point on the westerly bank of the  former  Crooked  Lake  Canal;  thence
    47  North 03 30'45" West one hundred ten and thirty-one hundredths (110.31')
    48  along  the  westerly line of Seneca Grape Juice Corporation and which is
    49  also the westerly bank of the former Crooked Lake  Canal;  thence  North
    50  02 34'12"  East  seventy-five  and thirty-nine hundredths (75.39') along
    51  the westerly line of Seneca Grape Juice Corporation and  which  is  also
    52  the  westerly  bank  of  the  former  Crooked  Lake  Canal; thence North
    53  18 10'31" East eighteen  and  fourteen  hundredths  (18.14')  along  the
    54  westerly  line  of  Seneca Grape Juice Corporation and which is also the
    55  westerly bank of the former Crooked Lake Canal; thence  South  72 14'52"
    56  East passing through chaining station 2.5 in the center line of original
        S. 5425--A                          3
 
     1  location  of  the  siding  known  in the records of the New York Central
     2  Railroad Company as Track No. 14 seventy-eight and thirty-one hundredths
     3  (78.31') to a point on the easterly line of Seneca  Grape  Juice  Corpo-
     4  ration and which is also the co-called Blue Line of the original Crooked
     5  Lake  Canal said point is also the Southeast corner of lands of Penn Yan
     6  Boats,  Inc.;  thence  North  18 11'34"  East  seventy-six  and   twenty
     7  hundredths  (76.20') along the easterly line of Penn Yan Boats, Inc. and
     8  the so-called Blue Line of the Crooked Lake Canal,  and  thence  running
     9  North 31 09'01" East eighteen feet (18.00') more or less along the East-
    10  erly  line  of lands of Penn Yan Boats, Inc. and the so-called Blue Line
    11  of the Crooked Lake Canal to a point, which is another Southwest  corner
    12  of  Penn  Yan Boats, Inc.; thence running South 58 45'06" East along the
    13  Westerly boundary line of Penn Yan Boats, Inc. one  hundred  sixty  feet
    14  (160.00')  more  or less to a point; thence running South 42 44'54" West
    15  thirty-three and sixty-six hundredths feet (33.66') along  the  line  of
    16  lands  as  described  in  the  above  parcel,  and  thence running South
    17  15 14'54" West two hundred ninety-seven feet (297.00') along the Wester-
    18  ly line of lands described above to the place of  beginning,  containing
    19  1.329 acres of land more or less.
    20    § 5. This act shall take effect immediately.