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S06368 Summary:

S06368 Actions:

S06368 Committee Votes:

S06368 Floor Votes:

S06368 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6368--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- 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 authorizing the town of Amherst, county of Erie to  alienate  and
          convey certain parcels of land 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 town of Amherst, in the county of Erie, acting  through
     2  its town board, is hereby authorized to discontinue and alienate certain
     3  parklands more particularly described in section three of this act.
     4    § 2. The authorization contained in section one of this act shall take
     5  effect  only  upon  the condition that the town of Amherst dedicates the
     6  lands described in section four of this act as parkland.
     7    § 3. The lands to be  discontinued  as  parklands  and  alienated  and
     8  conveyed  pursuant  to section one of this act are bounded and described
     9  as follows:
    10    ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  Town  of  Amherst,
    11  County of Erie and State of New York, being Part of Lot 73, Township 12,
    12  Range  7  of the Holland Land Company's Survey, bounded and described as
    13  follows:
    14    Commencing at the southwest corner of Lot 67, also being the southeast
    15  corner of said Lot 73; Thence northerly along the east line of said  Lot
    16  73, a distance of 955.95 to a point; Thence westerly along a line making
    17  an  angle  to  the  left  of 268° 03' with the last mentioned course and
    18  along the south line of lands conveyed by a deed recorded  in  the  Erie
    19  County Clerks Office in Liber 10957 of Deeds at Page 7085, a distance of
    20  383.60  feet  to  the  southwest  corner  of said Liber 10957 Page 7085;
    21  Thence continuing westerly along the last mentioned course,  a  distance
    22  of 66.08 to the Principal Point of Beginning; Thence continuing westerly
    23  along  the  last  mentioned  course,  a  distance  of 478.99 feet to the
    24  centerline of Millersport  Highway  (width  varies)  formerly  New  Home
    25  Bridge  and Skinnerville Road, also known as Amherst Manor Drive; Thence
    26  northeasterly along the centerline of said Millersport Highway and along
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11605-03-7
        S. 6368--A                          2
 
     1  a line making an interior angle of 63° 14' 13" with the  last  mentioned
     2  course,  a  distance  of 488.82 feet to a point, said point being 414.08
     3  feet south of the southwest corner of Parcel VIII of lands conveyed by a
     4  deed  recorded  in the Erie County Clerk's Office in Liber 6754 of Deeds
     5  at Page 511; Thence easterly along a line at right angles  to  the  last
     6  mentioned  course,  a  distance  of  50.41 feet to a point of curvature;
     7  Thence along a curve to the left having a radius of 350.00 feet, an  arc
     8  distance of 191.97 feet; Thence southerly along a line parallel with the
     9  west  line  of  said Liber 10957 Page 7085, a distance of 378.44 feet to
    10  the point or place of beginning, to the right of way of said Millersport
    11  Highway.
    12    Containing 2.950 acres, more or less.
    13    § 4. Prior to  the  discontinuance  and  alienation  of  the  parkland
    14  described  in section three of this act, the town of Amherst shall dedi-
    15  cate as parkland such land described as follows:
    16    ALL THAT PARCEL OR TRACT OF LAND, situate  in  the  Town  of  Amherst,
    17  County  of  Erie  and State of New York, being Part of Lot 101, Township
    18  12, Range 7 of the Holland Land Company's Survey and  more  particularly
    19  described as follows:
    20    Beginning  at a point on the Westerly line of Lot 101, distant 1077.58
    21  feet Southerly from the Northerly line of said Lot 101 as measured along
    22  the said Lot line; Thence South  89°-48'-53"  East,  parallel  with  the
    23  Northerly  line  of  Lot  101 and also along the Southerly line of Lands
    24  conveyed to William Shadewell by Zebulon Ketchum on January 15, 1847,  a
    25  distance  of  1,250.3  feet+/-  to  the centerline of Gott Creek; Thence
    26  Southeasterly along the centerline of said Gott  Creek  also  being  the
    27  Westerly  line of subdivision entitled "The Meadows of Amherst" recorded
    28  in the Erie County Clerk's Office under Map Cover 2549,  a  distance  of
    29  1,040.5 feet+/-; Thence North 89°-48'-53" West, parallel with the North-
    30  erly  line of Lot 101, a distance of 1769.1 feet+/- (measured) - 1769.40
    31  feet (deed) to the Westerly line of Lot 101, also being on the  Easterly
    32  line  of  subdivision entitled "Golden Gate Subdivision" (Phase IV, Part
    33  I) and recorded in the Erie County Clerk's Office under Map Cover  2752;
    34  Thence  North  00°-02'-49" West, along the said Westerly line of Lot 101
    35  and along the Easterly line of said Map Cover 2752, a distance of 720.53
    36  feet (Measured) - 720.46 feet (Deed) to the point of Beginning.
    37    Containing 26.62 Acres of Land more or less.
    38    § 5. In the event that the parklands to be acquired and  dedicated  by
    39  the  town  of  Amherst  pursuant to this act are not of equal or greater
    40  fair market value to the parklands to be discontinued and conveyed,  the
    41  town  of  Amherst shall dedicate the difference of the fair market value
    42  of the lands to be alienated and the  lands  to  be  dedicated  for  the
    43  acquisition  of the additional parklands and/or for capital improvements
    44  to existing park and recreational facilities.
    45    § 6. In the event that  the  town  of  Amherst  received  any  funding
    46  support  or  assistance  from  the  federal government for the purchase,
    47  maintenance or improvement of the parklands set forth in  section  three
    48  of this act, the discontinuance and conveyance of parkland authorized by
    49  the provisions of this act shall not occur until the town of Amherst has
    50  complied  with  any federal requirements pertaining to the alienation or
    51  conversion of parklands, including satisfying the secretary of the inte-
    52  rior that the alienation or  conversion  complies  with  all  conditions
    53  which  the  secretary  of  the  interior  deems  necessary to assure the
    54  substitution of other lands shall be equivalent in fair market value and
    55  recreational usefulness to the lands being alienated or converted.
    56    § 7. This act shall take effect immediately.