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S06585 Summary:

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S06585 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6585--A
            Cal. No. 828
 
                    IN SENATE
 
                                      March 1, 2012
                                       ___________
 
        Introduced  by  Sen.  YOUNG  -- 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, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,

          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT to authorize the city of Jamestown, in the county of Chautauqua,
          to discontinue the use of certain 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 city of James-
     2  town, in the county of Chautauqua, acting by and through its city  coun-
     3  cil,  is  hereby  authorized  to  discontinue  as  parklands  the  lands
     4  described in section four of this act.
     5    § 2. Notwithstanding the failure of the city of Jamestown to  seek  or
     6  receive state legislative authorization to alienate certain parklands as
     7  described  in  section  four of this act prior to the parklands use as a

     8  composting and recycling center, such alienation  is  hereby  validated,
     9  legalized, ratified and confirmed.
    10    §  3.  The authorization granted in section one of this act shall take
    11  effect upon the condition that the lands described in  section  five  of
    12  this  act be dedicated as parkland by the city of Jamestown are of equal
    13  or greater fair market value than the fair market  value  of  the  lands
    14  being discontinued as parklands by this act.
    15    §  4.  The  lands  to  be  discontinued  as parklands are described as
    16  follows:
    17    ALL THAT TRACT OR PARCEL OF LAND, situate in the  City  of  Jamestown,
    18  County of Chautauqua and State of New York, being part of Lot 35, Town 2
    19  and  Range 11 of the Holland Land Company's Survey and more particularly
    20  bounded and described as follows: BEGINNING at an existing iron stake in

    21  the southwesterly line of Fluvanna Avenue  (66  feet  wide),  said  iron
    22  stake  being also the northwesterly corner of lands conveyed to The Clip
    23  Joint, LLC by deed described in a deed recorded in the Chautauqua County
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14808-05-2
        S. 6585--A                          2
 
     1  Clerk's office in Liber 2714 of Deeds at page 688; thence S 22  04'  54"
     2  W  121.75 feet; thence S 20  51' 13" E 190.90 feet; thence S 68  38' 05"
     3  W 208.88 feet; thence S 01  02' 17" E 790.00 feet; thence S 68  53'  16"
     4  W  784.54 feet; thence N 01  48' 58" W 720.41 feet; thence northwesterly
     5  on a non-tangent curve, concave to the southwest,  having  a  radius  of

     6  2027.08  feet,  an  arc distance of 602.07 feet (closure chord N 19  43'
     7  18" W 599.87 feet); thence easterly on a non-tangent curve,  concave  to
     8  the  North,  having a radius of 666.78 feet, an arc distance 827.46 feet
     9  (closure chord N 86  26' 46" E 775.38 feet); thence  N  34   03'  05"  E
    10  33.47 feet; thence S 67  59' 19 E 110.25 feet; thence northeasterly on a
    11  non-tangent  curve,  concave to the northwest, having a radius of 1005.4
    12  feet, an arc distance of 56.61 feet (closure chord N 49  11' 09" E 56.60
    13  feet); thence N 01  03' 01" W 6.84 feet; thence N 44  42' 34"  E  117.18
    14  feet;  thence  N  23  03' 55" W 25.96 feet; thence N 35  28' 23" E 11.80
    15  feet; thence S 67  52' 37" E 106.32 feet to the point or place of begin-
    16  ning, containing 20.949± acres of land more or less.
    17    § 5. The replacement lands to be dedicated by the city of Jamestown as

    18  parklands for public park purposes are described as follows:
    19                                  PARCEL A
    20    ALL THAT TRACT OR PARCEL OF LAND, situate in the  City  of  Jamestown,
    21  County of Chautauqua and State of New York, being part of Lot 34, Town 2
    22  and  Range 11 of the Holland Land Company's Survey and more particularly
    23  bounded and described as follows: BEGINNING at a point in the west  line
    24  of lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben South-
    25  ern  Tier Extension Railroad Authority by deed describe in Liber 2462 of
    26  Deeds at page 247 and being the northeast corner of a portion  of  lands
    27  conveyed  to  George  White  by deed described in Liber 1901 of Deeds at
    28  page 515, said point also being N 01 48'58" W  140.00  feet  along  said
    29  Railroad Authority and George White lands from the intersection with the

    30  north  line  of Isabella Avenue; thence S 88 10'03" W 172.18 feet to the
    31  easterly shoreline of the Chadakoin River; thence northerly  along  said
    32  easterly  shoreline  of the Chadakoin River to the intersection with the
    33  northeasterly line of the  parcel  herein  described  and  the  existing
    34  southwesterly  line  of Chadakoin Park; thence S 53 02'14" E 320.80 feet
    35  to the said  west  line  of  the  Railroad  Authority  lands;  thence  S
    36  01 48'58"  E  876.83 feet along said west line of the Railroad Authority
    37  lands to an existing rail monument; thence S 88 11'02" W 16.00  feet  to
    38  an existing iron stake; thence S 01 48'58" E 197.81 feet along said west
    39  line of the Railroad Authority lands to the point or place of beginning,
    40  containing 17.33± acres of land more or less.
    41                                   PARCEL B
    42    ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of Jamestown,

    43  County of Chautauqua and State of New York, being part of Lot 34, Town 2
    44  and Range 11 of the Holland Land Company's Survey and more  particularly
    45  bounded  and  described as follows: BEGINNING at the intersection of the
    46  north line of Tenth Street and the west line of Monroe Street, being the
    47  southeast corner of the parcel herein described; thence S 88  10' 03"  W
    48  347.00  feet  along  said north line of Tenth Street to the east line of
    49  lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben  Southern
    50  Tier  Extension  Railroad  Authority  by deed described in Liber 2462 of
    51  Deeds at page 247 and being the west terminus of Tenth Street; thence  N
    52  01  48' 58" W 381.73 feet along said east line of the Railroad Authority
    53  lands  to  the  south  line  of  Eleventh Street; thence N 89  52' 55" E
    54  347.14 feet along said south line of Eleventh Street to said  west  line

    55  of  Monroe  Street;  thence  S 01  48' 58" E 371.51 feet along said west
        S. 6585--A                          3
 
     1  line of Monroe Street to the point or  place  of  beginning,  containing
     2  3.01± acres of land more or less.
     3                                   PARCEL C
     4    ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of Jamestown,
     5  County of Chautauqua and State of New York, being part of Lot 34, Town 2
     6  and Range 11 of the Holland Land Company's Survey and more  particularly
     7  bounded  and  described as follows: BEGINNING at the intersection of the
     8  northwesterly line of West Eighth Street with the west  line  of  Outlet
     9  Street;  thence S 48 48'10"W 213.96 feet; thence northeasterly on a non-
    10  tangent curve, concave to the northwest, having a radius of 448.93 feet,
    11  an arc distance of 114.20 feet (closure chord N 29 07'33"E 113.89 feet);

    12  thence N 41 50'17"W 116.98 feet to the shoreline of the Chadakoin River,
    13  passing over an existing iron stake  at  98.10  feet;  thence  northerly
    14  along said shoreline of the Chadakoin River to the intersection with the
    15  south  line  of  Isabella  Avenue; thence N 88 10'03"E 210.04 feet along
    16  said south line of Isabella Avenue to the intersection  with  said  west
    17  line  of  Outlet Street; thence S 01 48'58"E 660.48 feet along said west
    18  line of Outlet Street to the point or  place  of  beginning,  containing
    19  2.51± acres of land more or less.
    20                                   PARCEL D
    21    ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of Jamestown,
    22  County of Chautauqua, and State of New York, being part of Lot 34,  Town
    23  2 and Range 11 of the Holland Land Company's Survey and more particular-
    24  ly  bounded  and  described as follows: BEGINNING at the intersection of

    25  the south line of Eleventh Street (60' wide) with the east line of Clin-
    26  ton Street; thence S 89  52' 55" W 734.38 feet along said south line  of
    27  Eleventh  street  to  the  east  bounds of lands conveyed to Chautauqua,
    28  Cattaraugus,  Allegany  and  Stuben  Southern  Tier  Extension  Railroad
    29  Authority by deed described in Liber 2462 of Deeds at page 247; thence N
    30  01   48'  58"  W  60.03 feet along said Railroad Authority lands and the
    31  west terminus of said Eleventh Street to the north line of said Eleventh
    32  Street; thence N 89  52' 55" E 734.38 feet  along  said  north  line  of
    33  Eleventh Street; thence S 01  48' 58" E 60.03 feet to the point or place
    34  of beginning, containing 1.012+ acres of land more or less.
    35    §  6.  In  the event that the replacement parklands to be dedicated by
    36  the city of Jamestown pursuant to this act are not of equal  or  greater

    37  fair market value than the parklands discontinued, the city of Jamestown
    38  shall  dedicate  the difference of fair market value of the parklands to
    39  be discontinued and the lands to be dedicated  for  the  acquisition  of
    40  additional  parklands  and/or  capital improvements to existing park and
    41  recreational facilities.
    42    § 7. The discontinuance of parklands authorized by the  provisions  of
    43  this  act  shall not occur until the city of Jamestown has complied with
    44  any federal requirements pertaining to conversion of parklands,  includ-
    45  ing  satisfying  the  secretary  of  the  interior  that  the conversion
    46  complies with all conditions which the secretary of the  interior  deems
    47  necessary  to assure the substitution of other lands shall be equivalent
    48  in fair market value and recreational  usefulness  to  the  lands  being
    49  converted.

    50    § 8. This act shall take effect immediately.