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S06635 Summary:

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S06635 Floor Votes:

S06635 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6635--A
            Cal. No. 230
 
                    IN SENATE
 
                                    February 19, 2014
                                       ___________
 
        Introduced  by  Sen.  ROBACH -- 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 commissioner of general services to transfer and
          convey certain unappropriated state land to Monroe county
 
          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  but  notwithstanding
     2  any  other provision of law to the contrary, the commissioner of general
     3  services is hereby authorized to transfer and convey to  the  county  of
     4  Monroe,  the  state  property  at the Industry Residential Center in the
     5  town of Rush and the county of Monroe described in section two  of  this
     6  act,  declared  to be abandoned state land by the office of children and
     7  family services. The transfer and conveyance of the  land  described  in

     8  section two of this act shall be made upon payment of such consideration
     9  as  may  be  determined by the commissioner of general services, but not
    10  less than fifty-one percent of the total expenditures of  the  state  in
    11  rehabilitating  the  premises for occupancy by the county of Monroe, and
    12  upon such other conditions as the commissioner of general  services  and
    13  the office of children and family services may deem proper. In the event
    14  the county of Monroe does not provide full payment of at least fifty-one
    15  percent  of  the aforementioned expenditures in exchange for transfer of
    16  the property, the office of children and family services may deduct  the
    17  amounts  owing from monies that would otherwise be distributed from such
    18  office to the county of Monroe pursuant to the social  services  law  or
    19  any  other  applicable  law irrespective of whether the county of Monroe

    20  takes ownership of such property.
    21    § 2. The lands authorized by section one of this act to be transferred
    22  and conveyed are as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14018-03-4
        S. 6635--A                          2
 
     1    All that piece or parcel of land situate in the Rush, county of Monroe
     2  and the state of New York, being a portion of Lot Number 58 in  Township
     3  Number  11,  Range  7  of the Phelps and Gorham Purchase, and being more
     4  particularly bounded and described as follows:
     5    Beginning  at  a  reinforcing  rod  in the northerly bounds of Scotts-
     6  ville-Rush Road at the southeast corner of  lands  granted  to  Glen  T.

     7  Weaver  and  Patricia  Weaver  by letters patent dated March 2, 1994 and
     8  recorded in the Department of State in Book 97 of Patents at page 25 and
     9  recorded in the Monroe county clerk's office on March 24, 1994 in  liber
    10  8456 of deeds at page 223, thence from said point of beginning along the
    11  aforesaid lands granted to Weaver the following six (6) courses;
    12    1.N 00  58' 08" W, a distance of 544.84 feet to a point;
    13    2.N 05  13' 59" E, a distance of 272.81 feet to a point;
    14    3.N 23  37' 35" E, a distance of 350.68 feet to a point;
    15    4.N 33  14' 39" E, a distance of 210.99 feet to a point;
    16    5.N 24  21' 06" E, a distance of 425.53 feet to a reinforcing rod; and
    17    6.N 89  93' 00" E, a distance of 1,051.72 feet
    18    To  a  point  at  the  northwesterly corner of lands granted to German
    19  Chernavin by deed as recorded in the Monroe  county  clerk's  office  on

    20  October  19,  2010 in liber 10932 of deeds at page 685, thence S 00  20'
    21  40" W along the westerly bounds of said lands of German Chernavin and to
    22  and along the westerly bounds of lands, now or formerly, of  Richard  P.
    23  Foster  &  Judith C. Foster and lands, now or formerly, of Gary Feldt, a
    24  distance of 1,704.50 feet to a point  in  the  aforementioned  northerly
    25  bounds  of  Scottsville-Rush  Road, thence westerly along said northerly
    26  bounds, a distance of 1,488.74 feet to the point and place of beginning,
    27  containing 53.651 acres of land, more or less, all as  shown  on  a  map
    28  entitled "Survey of a Portion of Lands of the People of the State of New
    29  York  to be Conveyed to the County of Monroe" by Arthur M. English, PLS,
    30  dated December 12, 2013 and having drawing number 200.04-1-4.
    31    Together with an easement for ingress, egress and regress over a strip

    32  of land 60 feet in width (perpendicular measurement) being  bounded  and
    33  described as follows;
    34    Beginning  at a point in the westerly bounds of East River Road at the
    35  northeast corner of a parcel of land  granted  to  Glen  T.  Weaver  and
    36  Patricia  Weaver  by  Letters Patent dated March 2, 1994 and recorded in
    37  the Department of State in Book 97 of Patents at  page  25;  said  point
    38  also  being  at  the southeast corner of a parcel of land granted to the
    39  Board of Cooperative Educational Service,  First  Supervisory  District,
    40  Monroe  County,  New  York  by Letters Parent dated January 17, 1995 and
    41  recorded in the Department of State in Book 98 of Patents  at  page  22,
    42  thence  from said Point of Beginning westerly along the northerly bounds
    43  of said lands granted to Weaver, S 89  03' 00" W, a distance of 2,100.00

    44  feet to a point; thence S 00  57' 00" E through said  lands  granted  to
    45  Weaver,  thence N 89  03' 00" E along said southerly bounds of Weaver, a
    46  distance of 2,112.68 feet to a point in  the  westerly  bounds  of  East
    47  River  Road,  thence  N  12  52' 51" W along the westerly bounds of East
    48  River Road, a distance of 61.32 feet to the point and  place  of  begin-
    49  ning.
    50    §  3. The description in section two of this act is not intended to be
    51  a legal description but is intended to identify the land to be conveyed.
    52  As a condition of the transfer, the county of Monroe may submit  to  the
    53  commissioner  of  general services, for his or her approval, an accurate
    54  survey and description of the land to be conveyed, which may be used  in
    55  the conveyance thereof.
        S. 6635--A                          3
 

     1    §  4.  The office of general services shall not transfer or convey the
     2  aforesaid land unless application is made by the county of Monroe there-
     3  fore within one year of the effective date of this act.
     4    §  5.  The  transfer and conveyance made pursuant to this act shall be
     5  subject to the following use restrictions and reverter:
     6    (a) The land described in section two of this act shall be used exclu-
     7  sively for the purposes of operating and  maintaining  a  Monroe  county
     8  certified juvenile detention facility.
     9    (b)  The  county  of Monroe shall own and operate a certified juvenile
    10  detention facility on the land for so long as  any  payment  obligations
    11  are  due from the county to the state under section one of this act. The
    12  county of Monroe shall not contract with a private entity to operate all
    13  or part of the certified detention facility on the county's behalf with-

    14  out prior written consent from the state office of children  and  family
    15  services. Any such private entity must be a not-for-profit organization.
    16  Such  certified  juvenile detention facility shall be subject to section
    17  218-a of the county law, section 503 of the executive law and all  other
    18  laws  governing  such  facilities for, and the detention of, youths and,
    19  notwithstanding the provisions of any other law, shall  be  a  detention
    20  facility  within  the meaning of subdivision three of section 502 of the
    21  executive law.
    22    (c) In the event the premises are not accepted and/or used in  accord-
    23  ance with such provisions, it shall revert to the state of New York.
    24    (d)  The  conveyance  of  the land described in this act shall contain
    25  covenants and restrictions consistent with the provisions set  forth  in
    26  subdivisions (a) through (c) of this section.

    27    § 6. This act shall take effect immediately.