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S06285 Summary:

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S06285 Committee Votes:

S06285 Floor Votes:

S06285 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6285--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 3, 2019
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to authorize the town of Amherst, county of Erie, to alienate and
          discontinue the use of certain 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 Amherst,
     2  in the county of Erie, acting by and through its governing body and upon
     3  such terms and conditions as determined by such body, is hereby  author-
     4  ized  to  discontinue  as  parklands and alienate the lands described in
     5  section three of this act for the purpose of establishing  a  privately-
     6  developed project to include new recreational facilities, a sports medi-
     7  cine complex, and senior housing.
     8    § 2. The authorization contained in section one of this act shall take
     9  effect  only  upon  the  condition that the town of Amherst dedicates an
    10  amount equal to or greater than the fair market value of  the  parklands
    11  being discontinued towards the acquisition of new parklands and/or capi-
    12  tal improvements to existing park and recreational facilities.
    13    §  3. The parklands authorized by section one of this act to be alien-
    14  ated are described as follows:
    15    ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  Town  of  Amherst,
    16  County  of Erie and State of New York, being Part of Lots 61, 67 and 73,
    17  Township 12, Range 7 of the Holland  Land  Company's  Survey  and  being
    18  further described as follows:
    19  Commencing at the southwest corner of said Lot 67, also being the south-
    20  east  corner of Lot 73; Thence northerly along the east line of said Lot
    21  73, a distance of 922.34 feet to the POINT OF BEGINNING; Thence continu-
    22  ing northerly along said east line of Lot 73, a distance of  33.61  feet
    23  to  a  point;  Thence  westerly  at an interior angle of 268° 03' 00", a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13132-02-9
        S. 6285--A                          2
 
     1  distance of 449.68 feet to a point; Thence northerly along a line paral-
     2  lel with the west line of lands conveyed by a deed  filed  in  the  Erie
     3  County  Clerk's Office in Liber 10957 of Deeds at Page 7085, 378.44 feet
     4  to  a  point; Thence westerly along a curve to the right having a radius
     5  of 350.00 feet, an arc distance of 191.97 feet to a point  of  tangency;
     6  Thence  westerly  along  a  line  at  right  angles to the centerline of
     7  Millersport Highway (at its former location), formerly  known  as  Skin-
     8  nersville Road and New Home Bridge, 50.41 feet to a point in the center-
     9  line;  Thence  northeasterly along said centerline, a distance of 414.08
    10  feet to the southwest corner of Parcel VIII as described in a deed filed
    11  in the Erie County Clerk's Office in Liber 6754 of Deeds  at  Page  511;
    12  Thence  southeasterly  along  the  southerly line of said Parcel VIII, a
    13  distance of 350.00 feet to the southeasterly corner of said Parcel VIII;
    14  Thence northeasterly parallel with Millersport Highway,  a  distance  of
    15  125.00  feet  to  the  northeasterly  corner of said Parcel VIII; Thence
    16  southeasterly at an interior angle of 95° 44' 05", a distance of  121.73
    17  feet  to  a  point  in the east line of said Lot 73, also being the west
    18  line of Lot 67; Thence northerly along said  east  line  of  Lot  73,  a
    19  distance of 266.85 feet to a point; Thence easterly at an interior angle
    20  of  92° 16' 04", a distance of 3307.86 feet to a point; said point being
    21  567 feet west of the east line of said Lot 67; Thence southerly along  a
    22  line  at  right  angles  to Maple Road (width varies, originally 85 feet
    23  wide) about 1738 feet to a point in the northerly  line  of  said  Maple
    24  Road, said point being 490.15 feet west of the east line of said Lot 67;
    25  Thence  westerly  along the north line of said Maple Road, a distance of
    26  351 feet to a point; Thence northerly along a line at  right  angles  to
    27  said  Maple  Road,  a  distance  of 688 feet to a point; Thence westerly
    28  along a line parallel with the south line of said Lot 67 and  along  the
    29  northerly line of Map cover 2268 and an extension there of a distance of
    30  2917.78  feet  to  the  point  of  beginning. The above description is a
    31  compilation of Liber 6754 Page 515, Parcel 8 and part of Parcels 5  thru
    32  7  and  part of Parcel 9 with Parcel 8 being supplemented by Liber 10922
    33  Page 6161 and the 2.95  acre  parcel  being  previously  alienated  from
    34  Parcel 8. Total of 93 acres of parkland.
    35    §  4.  In  the  event  that  the  town of Amherst received any funding
    36  support or assistance from the  federal  government  for  the  purchase,
    37  maintenance  or  improvement of the parklands set forth in section three
    38  of this act, the discontinuance and alienation of such parkland  author-
    39  ized  by  the  provisions  of this act shall not occur until the town of
    40  Amherst has complied with any federal  requirements  pertaining  to  the
    41  alienation  or  conversion of parklands, including satisfying the secre-
    42  tary of the interior that the alienation or conversion complies with all
    43  conditions which the secretary of the interior deems necessary to assure
    44  the substitution of other lands shall be equivalent in fair market value
    45  and usefulness to the lands being alienated or converted.
    46    § 5. This act shall take effect immediately.