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S05735 Summary:

S05735 Actions:

S05735 Committee Votes:

S05735 Floor Votes:

S05735 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5735--B
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 1, 2015
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- 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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  authorize  the  village  of Clayton, county of Jefferson to
          transfer and convey certain parklands to Dean  Hyde  in  exchange  for
          certain lands owned by Dean Hyde which will be used as parkland
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The village of  Clayton,  county  of  Jefferson  is  hereby
     2  authorized  to  discontinue  its  use  of the lands described in section
     3  three of this act which are no longer needed for park  purposes  and  to
     4  convey  its  interest  in the real property to Dean Hyde in exchange for
     5  the lands described in section four of this act which are owned by  Dean
     6  Hyde,  provided,  however,  that  the lands described in section four of
     7  this act shall be used as part of the  village  of  Clayton's  riverwalk
     8  project and shall be dedicated parkland.
     9    § 2. In the event that the lands described in section four of this act
    10  which are to be dedicated as replacement parkland are not of equal to or
    11  greater  than  the fair market value of the parkland to be discontinued,
    12  the village of Clayton shall dedicate the difference  between  the  fair
    13  market  value  of the lands to be alienated and the parkland to be dedi-
    14  cated toward acquisition of additional parkland and/or capital  improve-
    15  ments to existing parkland.
    16    § 3. The lands to be alienated are described as follows:
    17    All  that  parcel of land located in the Village of Clayton, County of
    18  Jefferson and State of New York, bounded and described as follows:
    19    Beginning at a railroad spike set at the northeast corner of a  parcel
    20  of  land  conveyed  to  Dean  Hyde (Liber 1855, Page 245), said railroad
    21  spike set also being in the division line between said lands conveyed to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11402-05-5
        S. 5735--B                          2
 
     1  Hyde on the southwest and lands  conveyed  to  the  Village  of  Clayton
     2  (Instrument   2004-00003418)  on  the  north  and  east  (the  following
     3  described parcel being a part of thereof);  and  runs  thence  from  the
     4  point  of  beginning  South 74 degrees 07 minutes West, 25.00 feet along
     5  the north line of said lands conveyed to Hyde to a point; thence passing
     6  through said lands conveyed to the  Village  of  Clayton  the  following
     7  three  courses and distances: 1) North 15 degrees 53 minutes West, 12.00
     8  feet to a point; 2) North 74 degrees 07 minutes East, 25.00  feet  to  a
     9  point;  3)  South 15 degrees 53 minutes East, 12.00 feet to the point of
    10  beginning, containing 300 square feet of land.
    11    § 4. The replacement parklands are described as follows:
    12    All that parcel of land located in the Village of Clayton,  County  of
    13  Jefferson and State of New York, bounded and described as follows:
    14    Beginning at an existing iron plug at the northwest corner of a parcel
    15  of land conveyed to Dean Hyde (Liber 1855, Page 245), said existing iron
    16  plug also being in the division line between said lands conveyed to Hyde
    17  on  the  south  and lands conveyed to the Village of Clayton (Instrument
    18  2004-00003418) on the north, said existing iron plug  further  being  in
    19  the  west  line  of a grant of lands underwater formerly conveyed by the
    20  People of the State of New York to Raymond E. Secor,  Bernice  O.  Secor
    21  and  James  J.  Brabant  (Liber 929, Page 944); and runs thence from the
    22  point of beginning North 74 degrees 07 minutes East,  10.20  feet  along
    23  the  division  line between said lands conveyed to Hyde on the south and
    24  said lands conveyed to the Village of Clayton on the north to  a  point;
    25  thence South 17 degrees 52 minutes East, 15.44 feet passing through said
    26  lands  conveyed to Hyde to a drill hole at the northeast corner of lands
    27  conveyed to Bruce N. Beattie and Cynthia S. Beattie  (Liber  1889,  Page
    28  125);  thence  South  74  degrees  15 minutes West, 10.63 feet along the
    29  north line of said lands conveyed to Beattie to a point in the aforemen-
    30  tioned west line of a grant of lands  underwater  formerly  conveyed  to
    31  Secor  and  Brabant  and along the west line of the aforementioned lands
    32  conveyed to Hyde, said point also being  North  74  degrees  15  minutes
    33  East, 0.68 feet from a chiseled "V" in concrete; thence North 16 degrees
    34  16  minutes  West, 15.41 feet along the west line of said grant of lands
    35  underwater formerly conveyed to Secor and Brabant  and  along  the  west
    36  line  of said lands conveyed to Hyde to the point of beginning, contain-
    37  ing 161 square feet of land.
    38    § 5. In the event  it  is  determined  that  the  village  of  Clayton
    39  received  any  funding support or assistance from the federal government
    40  for the purchase, maintenance or improvement of the parklands  described
    41  in  section three of this act, the discontinuance and alienation of such
    42  parkland authorized by the provisions of this act shall not occur  until
    43  the  village  of  Clayton  has  complied  with  any federal requirements
    44  pertaining to the  alienation  or  conversion  of  parklands,  including
    45  satisfying  the secretary of the interior that the alienation or conver-
    46  sion complies with all conditions which the secretary  of  the  interior
    47  deems  necessary  to  assure  the  substitution  of other lands shall be
    48  equivalent in fair market value and usefulness to the lands being alien-
    49  ated or converted.
    50    § 6. This act shall take effect immediately.