S07934 Summary:

BILL NOS07934B
 
SAME ASSAME AS A11221-B
 
SPONSORRANZENHOFER
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the county of Erie to transfer and convey Beeman Creek Park to the town of Clarence, county of Erie.
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S07934 Actions:

BILL NOS07934B
 
05/25/2010REFERRED TO LOCAL GOVERNMENT
05/26/2010AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/26/2010PRINT NUMBER 7934A
06/10/2010AMEND AND RECOMMIT TO LOCAL GOVERNMENT
06/10/2010PRINT NUMBER 7934B
06/25/2010COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/25/2010ORDERED TO THIRD READING CAL.1273
06/25/2010HOME RULE REQUEST
06/25/2010PASSED SENATE
06/25/2010DELIVERED TO ASSEMBLY
06/25/2010referred to ways and means
06/30/2010substituted for a11221b
06/30/2010ordered to third reading rules cal.494
06/30/2010home rule request
06/30/2010home rule request
06/30/2010passed assembly
06/30/2010returned to senate
08/18/2010DELIVERED TO GOVERNOR
08/30/2010SIGNED CHAP.476
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S07934 Floor Votes:

DATE:06/30/2010Assembly Vote  YEA/NAY: 133/0
AbbateYCarrozzaERGabryszakYKolbYMurrayYSaladinoY
AlessiYCastelliYGalefYKoonYNolanYSaywardY
AlfanoYCastroERGanttYLancmanYOaksYScarboroughY
AmedoreYChristensenERGianarisYLatimerYO'DonnellYSchimelY
ArroyoERClarkYGibsonYLavineYO'MaraYSchimmingerY
AubryYColtonYGiglioYLentolYOrtizYSchroederY
BacallesYConteYGlickYLiftonYParmentYScozzafavaY
BallYCookERGordonYLope PDYPaulinYSkartadosY
BarclayYCorwinYGottfriedYLope VJERPeoplesYSpanoY
BarraYCrespoYGuntherYLupardoYPerryYStirpeY
BarronYCrouchYHawleyYMageeYPhefferYSweeneyY
BenedettoYCusickYHayesYMagnarelliYPowellERTediscoY
BenjaminYCymbrowitzYHeastieYMaiselYPretlowYThieleY
BingYDelMonteYHevesiYMarkeyERQuinnYTitoneY
BoylandYDenDekkerYHikindERMayersohnYRabbittYTitusY
BoyleYDestitoYHooperYMcDonoughYRaiaYTobaccoY
BrennanYDinowitzYHoytYMcEnenyYRamosYTownsER
BrodskyERDupreyYHyer SpencerYMcKevittYReilichYTownsendY
Brook KrasnyYEnglebrightYJacobsYMengYReillyYWeinsteinY
BurlingYErrigoYJaffeeYMill JMYRive J ERWeisenbergY
ButlerYEspaillatYJeffriesERMill MGYRive N ERWeprinY
CahillYFarrellYJohnYMillmanYRive PMYWrightY
CalhounYFieldsYJordanYMolinaroYRobinsonYZebrowskiY
CamaraERFinchYKavanaghYMontesanoYRosenthalYMr SpkrY
CanestrariYFitzpatrickYKellnerERMorelleYRussellY

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S07934 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7934--B
 
                    IN SENATE
 
                                      May 25, 2010
                                       ___________
 
        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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 

        AN  ACT  authorizing  the  county  of Erie to transfer and convey Beeman
          Creek Park to the town of Clarence, county of Erie
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. (a) The county of Erie acting through its legislative body,
     2  is  hereby  authorized  to  discontinue  the  use  of Beeman Creek Park,
     3  described in section two of this act, and to enter into  a  contract  to
     4  convey its interest in the real property to the town of Clarence, county
     5  of  Erie  upon  terms  agreed upon by the county of Erie and the town of
     6  Clarence, for use by the town of Clarence for continued park and  recre-
     7  ational  purposes  provided,  however,  that  the town of Clarence shall
     8  continue to provide access to such parklands and/or recreational facili-
     9  ties to all residents of the county of Erie.

    10    (b) Any revenues received by such  county  from  such  town  from  the
    11  transfer  of  the property described in section two of this act shall be
    12  used for capital improvements of existing park and recreational  facili-
    13  ties  and/or  for  the  acquisition  of additional park and recreational
    14  facilities.
    15    § 2. The real property authorized to be conveyed by the county of Erie
    16  pursuant to section one of this act shall be bounded  and  described  as
    17  follows:
    18    ALL  THAT  TRACT  OR  PARCEL OF LAND, situate in the Town of Clarence,
    19  County of Erie and State of New York, being part of Lot Number fifty-six
    20  (56), Township thirteen (13), Range six (6) of the Holland  Land  Compa-
    21  ny's Survey, bounded as follows:
    22    West  by  a line parallel with the west bounds of said lot and distant
    23  thirty-seven and sixty one hundredths  (37.61)  chains  east  therefrom,

    24  fifty-eight  (58)  chains; north by Lot Number fifty-seven (57), twenty-
    25  three and thirty hundredths (23.30) chains; east by  Lot  Number  fifty-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17479-05-0

        S. 7934--B                          2
 
     1  four  (54), fifty-nine (59) chains and south by the twelfth (12th) Town-
     2  ship, twenty-three and seventy-seven hundredths (23.77) chains.
     3    Excepting  therefrom  a certain piece of land in the Lot No. 56, Town-
     4  ship 13 and Range 6 of said Holland Land Company's Survey, which  excep-
     5  tion is bounded and described as follows:
     6    BEGINNING  at  the  southeast  corner of Lot No. 56, which is also the

     7  southeast corner of the above described premises; thence north along the
     8  east line of Lot No. 56 and the east line of the above  described  prem-
     9  ises, a distance of 600 feet; thence west and parallel to the south line
    10  of the above described premises, which is also the south line of Lot No.
    11  56,  a  distance of 210 feet; thence south and parallel to the east line
    12  of Lot No. 56 and the east line of the above  premises,  a  distance  of
    13  252.50  feet to a point; thence generally southerly in a straight line a
    14  distance of 350.51 feet and to a point in the south line  of  the  above
    15  described  premises  which is 166 feet west of the point of beginning as
    16  measured along said south line of the above described  premises;  thence
    17  east  and  along  the south line of the above described premises and the
    18  south line of Lot No. 56, a distance of 166 feet to the point and  place
    19  of beginning.

    20    ALL  THAT  TRACT  OR  PARCEL OF LAND, situate in the Town of Clarence,
    21  County of Erie and State of New York, being the southwest  part  of  Lot
    22  No.    fifty-four  (54),  Township  thirteen  (13), Range six (6) of the
    23  Holland Land Company's Survey, bounded and described as follows:
    24    BEGINNING at a point which is the southwest corner of said Lot No. 54,
    25  said point being in the center line of Lapp Road; running  thence  north
    26  along  the  west line of said Lot No. 54 a distance of 1107.76 feet to a
    27  point; running thence easterly a distance of 33 chains to a point  which
    28  is  the  northeast  corner  of  premises  formerly owned by Samuel Kroll
    29  conveyed to him by deed recorded in Erie County Clerk's Office in  Liber
    30  239  of  Deeds  at  page 489; running thence south along a line parallel
    31  with the west line of said Lot No. 54, a distance of  808.0  feet  to  a

    32  point  in  said  line which is 300 feet north of the center line of Lapp
    33  Road, as measured along said parallel line as extended;  running  thence
    34  west  along  a  line  parallel with the said center line of Lapp Road, a
    35  distance of 1,493.41 feet to a point;  running  thence  south,  parallel
    36  with  the  west  line  of said Lot No. 54, a distance of 300 feet to the
    37  center line of Lapp Road; running thence west along the said center line
    38  of Lapp Road which is also the south line of said Lot No. 54, a distance
    39  of 689.95 feet to the place or point of beginning.
    40    ALL THAT TRACT OR PARCEL OF LAND, situate in  the  Town  of  Clarence,
    41  County  of  Erie  and  State  of  New York, being the middle part of Lot
    42  Number fifty-four (54), Township thirteen (13), Range  six  (6)  of  the
    43  Holland Land Company's Survey bounded and described as follows:

    44    COMMENCING  at  a  point  on  the  west  line of said lot, fifteen and
    45  fifty-four hundredths (15.54) chains, south of the northwest  corner  of
    46  said  lot and running thence east on a line parallel with the north line
    47  of said lot, forty-four and sixteen hundredths  (44.16)  chains  to  the
    48  center of the highway; thence southerly along the center of said highway
    49  to  a point, twenty and two hundredths (20.02) chains south of the north
    50  line of said lot; thence west on a line parallel with the north line  of
    51  said  lot,  thirteen  and  thirty-one  hundredths (13.31) chains; thence
    52  south on a line parallel to the west line of said lot, twenty and  forty
    53  hundredths (20.40) chains to a point, sixteen and sixty-seven hundredths
    54  (16.67)  chains  north  of  the south line of said lot; thence west on a
    55  line parallel to the south line of said lot, thirty-three (33) chains to

    56  the west line of said lot; thence north along the west line of said lot,

        S. 7934--B                          3
 
     1  twenty-six and ninety-hundredths (26.90) chains to the place  of  begin-
     2  ning.
     3    ALL  THAT  TRACT  OR  PARCEL OF LAND, situate in the Town of Clarence,
     4  County of Erie and State of New York,  being  the  middle  part  of  Lot
     5  Number  fifty-four  (54),  Township  thirteen (13), Range six (6) of the
     6  Holland Land Company's Survey, bounded and described as follows:
     7    BEGINNING at a point on the west line of said lot, eight  and  ninety-
     8  three  hundredths  (8.93)  chains  south of the northwest corner of said
     9  lot; thence easterly forty-three and fifty-six hundredths (43.56) chains
    10  to the center of the highway to a point, nine and twenty-nine hundredths
    11  (9.29) chains south from the north line of said  lot;  thence  southerly

    12  along  the  center  of  said  highway  to a point fifteen and fifty-four
    13  hundredths (15.54) chains south from the north line of said lot;  thence
    14  west  on  a line parallel with the north line of said Lot forty-four and
    15  sixteen hundredths (44.16) chains to the west line of said  lot;  thence
    16  north  on the said west line, six and sixty-one hundredths (6.61) chains
    17  to the place of beginning.
    18    ALL THAT TRACT OR PARCEL OF LAND, situate in  the  Town  of  Clarence,
    19  County  of  Erie  and State of New York, being the northwest part of Lot
    20  Number fifty-four (54), Township thirteen (13), Range  six  (6)  of  the
    21  Holland Land Company's Survey, bounded and described as follows:
    22    COMMENCING  at  the  northwest  corner  of  said  lot; thence easterly
    23  forty-three and thirty hundredths (43.30) chains to the  center  of  the
    24  highway at a point, one and twenty hundredths (1.20) chains south of the

    25  north line of said lot; thence southerly along the center of the highway
    26  to  a point nine and twenty-nine hundredths (9.29) chains directly south
    27  from the north line of said lot; thence  westerly  forty  and  fifty-six
    28  hundredths  (40.56) chains to the west line of said lot to a point eight
    29  and ninety-three hundredths (8.93) chains south of the northwest  corner
    30  of  said lot; thence north on the west line of said lot, eight and nine-
    31  ty-three hundredths (8.93) chains to the place of beginning.
    32    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  Town  of  Clarence,
    33  County  of  Erie  and State of New York, being part of Lot Number fifty-
    34  four (54), Township thirteen (13), Range six (6)  of  the  Holland  Land
    35  Company's Survey, bounded as follows:
    36    BEGINNING  at  a point in the south line of said Lot Number fifty-four

    37  (54), distant thirty-three (33) chains east of the southwest  corner  of
    38  said Lot Number fifty-four (54); thence northerly parallel with the west
    39  line of Lot Number fifty-four (54), sixteen (16) chains sixty-seven (67)
    40  links;  thence  easterly  parallel  with  the  south  line of Lot Number
    41  fifty-four (54), six (6) chains; thence southerly parallel with the west
    42  line of Lot Number fifty-four (54), sixteen (16) chains sixty-seven (67)
    43  links to the south line of Lot Number fifty-four (54);  thence  westerly
    44  along  the  south  line of Lot Number fifty-four (54), six (6) chains to
    45  the point or place of beginning.
    46    EXCEPTING and Reserving therefrom all that tract or  parcel  of  land,
    47  situate  in  the Town of Clarence, County of Erie and State of New York,
    48  being part of Lot No. 54, Township 13,  Range  6  of  the  Holland  Land
    49  Company's Survey bounded and described as follows:

    50    BEGINNING  at a point in the south line of said Lot No. 54, distant 33
    51  chains east of the southwest corner of said Lot No. 54; thence northerly
    52  and parallel with the west line of Lot No. 54 a distance of 400 feet  to
    53  a  point;  thence easterly and parallel to the center line of Lapp Road,
    54  which center line is also the south line of said Lot No.  54, a distance
    55  327.75 feet to a point; thence southerly  and  parallel  to  said  first
    56  mentioned  course  a  distance  400 feet to the said center line of Lapp

        S. 7934--B                          4
 
     1  Road; thence westerly along the said center line  of  Lapp  Road  327.75
     2  feet to the place of beginning.
     3    ALL  THAT  TRACT  OR  PARCEL  OF LAND situate in the Town of Clarence,
     4  County of Erie and State of New York, being part of  Lot  Number  fifty-

     5  four  (54),  Township  thirteen  (13), Range six (6) of the Holland Land
     6  Company's Survey, bounded as follows;
     7    COMMENCING at a point thirty-three (33) chains east of the  west  line
     8  of  Lot  Number fifty-four (54) and sixteen (16) chains sixty-seven (67)
     9  links north of the south line of Lot Number fifty-four (54), said  point
    10  of  beginning  being  the  northwest  corner of lands conveyed to Joseph
    11  Karicar by deed recorded in Erie County Clerk's Office in Liber  182  of
    12  Deeds  at page 375, June 26, 1857; thence northerly four (4) chains on a
    13  line parallel to the west line of Lot  Number  fifty-four  (54);  thence
    14  easterly parallel to the south line of Lot Number 54, (11) chains 53 1/2
    15  inks to a stake; thence southerly on a line parallel to the west line of
    16  Lot  Number  54, (13) chains (74) links to a stake; thence westerly on a

    17  line parallel to the south line  of  Lot  Number  54,  five  (5)  chains
    18  fifty-three  and one half (53 1/2) links to a stake; thence northerly on
    19  a line parallel to the west line of Lot Number fifty-four (54), nine (9)
    20  chains seventy-four (74) links; thence westerly parallel  to  the  south
    21  line of lot Number fifty-four (54), six (6) chains to the point or place
    22  of beginning.
    23    ALL  THAT  TRACT  OR  PARCEL  OF LAND situate in the Town of Clarence,
    24  County of Erie and State of New York, being part of  Lot  Number  fifty-
    25  four  (54),  Township  thirteen  (13), Range six (6) of the Holland Land
    26  Company's Survey, bounded and described as follows:
    27    BEGINNING at a point in the center of the Salt Road seven and  twenty-
    28  eight  hundredths  (7.28) chains northerly from the south bounds of said
    29  Lot Number fifty-four (54), measured along the center of said Salt Road;

    30  thence northerly along the center of the said Salt  Road,  fourteen  and
    31  thirty-eight hundredths (14.38) chains; thence west five and ninety-four
    32  and  one-half  hundredths  (5.94  1/2) chains; thence south thirteen and
    33  seventy-four hundredths (13.74) chains; thence east nine and forty-eight
    34  and one-half hundredths (9.48 1/2) chains to the place of beginning.
    35    ALL THAT TRACT OR PARCEL OF LAND situate  in  the  Town  of  Clarence,
    36  County  of  Erie  and State of New York, being part of Lot Number fifty-
    37  four (54), Township thirteen (13), Range six (6)  of  the  Holland  Land
    38  Company's Survey, bounded and described as follows:
    39    BEGINNING  at a point thirty-nine (39) chains east of the west line of
    40  said lot; thence east on the south  line  of  said  lot,  seventeen  and
    41  forty-seven hundredths (17.47) chains; thence north on the center of the

    42  Salt  Road, seven and twenty-eight hundredths (7.28) chains; thence west
    43  on a line parallel to the  south  line,  fifteen  and  three  hundredths
    44  (15.03)  chains;  thence  south  six  and ninety-three hundredths (6.93)
    45  chains to the place of beginning.
    46    EXCEPTING THEREFROM that part conveyed to George Fix, Jr.  and  Martha
    47  R.    Fix his wife by deed recorded in the Erie County Clerk's Office in
    48  Liber 6987 of Deeds at page 486.
    49    ALL THAT TRACT OR PARCEL OF LAND, situate in  the  Town  of  Clarence,
    50  County  of  Erie  and State of New York, being part of Lot Number fifty-
    51  four (54), Township thirteen (13), Range six (6)  of  the  Holland  Land
    52  Company's Survey, bounded and described as follows;
    53    BEGINNING  on the south by a line parallel with the north line of said
    54  Lot Number fifty-four (54) and twenty-eight and seventy-eight hundredths

    55  (28.78) chains south therefrom fourteen and fourteen hundredths  (14.14)
    56  chains;  on the west by a line parallel to the west line of said lot and

        S. 7934--B                          5
 
     1  distant thirty-three (33) chains east therefrom, five (5) chains; on the
     2  north by a line parallel to the north line of said lot and distant twen-
     3  ty-three and seventy-eight hundredths  (23.78)  chains  south  therefrom
     4  thirteen and eighty-six hundredths (13.86) chains and on the east by the
     5  center of the highway.
     6    EXCEPTING  THEREFROM, ALL THAT TRACT OR PARCEL OF LAND conveyed by two
     7  certain deeds recorded in the Erie County Clerk's Office respectively in
     8  Liber 6013 of Deeds at page 454 and Liber 6335 of Deeds at page 551.
     9    AND EXCEPTING THEREFROM, ALL THAT TRACT OR PARCEL OF LAND  situate  in

    10  the  Town  of Clarence, County of Erie and State of New York, being part
    11  of Lot Number fifty-four (54), Township thirteen (13), Range six (6)  of
    12  the Holland Land Company's Survey, bounded and described as follows:
    13    COMMENCING  at  a  point  which  is  the southeast corner of the lands
    14  conveyed to Robert M. Huebert and Mary A. Huebert,  his  wife,  by  deed
    15  recorded  in  the  Erie  County Clerk's Office in Liber 3891 of Deeds at
    16  page 20, on the 13th day of May, 1946; running thence westerly along the
    17  south line of the lands so conveyed  as  aforesaid  a  distance  of  two
    18  hundred fifty-seven and eighty-four hundredths (257.84) feet to a point;
    19  running  thence  northerly, parallel with the center line of Salt Road a
    20  distance of one hundred thirty-eight and five tenths (138.5) feet to the
    21  southwest corner of lands conveyed by Robert M.   Huebert and  Mary  A.,

    22  his  wife,  to  Joseph  G.  Schwartzkopf, and Marylou, his wife, by deed
    23  recorded in the Erie County Clerk's Office, in Liber 6335  of  Deeds  at
    24  page  551,  on the 11th day of September, 1958; thence easterly parallel
    25  with the first described course herein a distance of two hundred  fifty-
    26  seven  and  eighty-four  hundredths (257.84) feet to said center line of
    27  Salt Road; thence southerly along the said center line of  Salt  Road  a
    28  distance  of  one hundred fifty-eight and six tenths (158.6) feet to the
    29  point of beginning.
    30    ALL THAT TRACT OR PARCEL OF LAND, situate in  the  Town  of  Clarence,
    31  County  of  Erie  and State of New York, being part of Lot Number fifty-
    32  four (54), Township thirteen (13), Range six (6)  of  the  Holland  Land
    33  Company's Survey, bounded and described as follows:
    34    COMMENCING  at  a  point  in the center line of Salt Road, distant one

    35  thousand five hundred sixty-nine and  forty-eight  hundredths  (1569.48)
    36  feet  southerly  from the north line of said Lot Number fifty-four (54),
    37  as measured along the center line of Salt Road, which point of beginning
    38  is the northeast corner of land now or formerly owned by Godfried  Ader-
    39  man;  running  thence westerly on a line parallel with the north line of
    40  said Lot Number fifty-four (54), a distance  of  nine  hundred  one  and
    41  forty  hundredths  (901.40)  feet to a point; thence northerly on a line
    42  parallel with the west line of said lot,  two  hundred  forty-eight  and
    43  sixteen  hundredths  (248.16)  feet  to  a  point; thence easterly eight
    44  hundred fifty-one (851) feet to a point in the center line of Salt Road,
    45  distant two hundred sixty-one (261) feet northerly  from  the  point  of
    46  beginning;  thence  southerly  along  the  center line of Salt Road, two

    47  hundred sixty-one (261) feet to the point or place of beginning.
    48    EXCEPTING THEREFROM, ALL THAT TRACT OR PARCEL OF LAND, situate in  the
    49  Town  of  Clarence,  County of Erie and State of New York, being part of
    50  Lot number fifty-four (54), Township thirteen (13), Range six (6) of the
    51  Holland Land Company's Survey, bounded and described as follows:
    52    COMMENCING at the southeast corner of lands conveyed to Lawrence Duew-
    53  iger and Dorothy T. Duewiger, his wife, by a certain  deed  recorded  in
    54  Erie  County  Clerk's  Office in Liber 6985 of Deeds at page 57; running
    55  thence westerly along the southerly line of lands so conveyed as  afore-
    56  said  a  distance  of two hundred fifty-seven and eighty-four hundredths

        S. 7934--B                          6
 
     1  (257.84) feet; running thence northwesterly  parallel  with  the  center

     2  line  of Salt Road a distance of two hundred sixty-one (261) feet to the
     3  north line of the lands conveyed as aforesaid; running  thence  easterly
     4  along the north line of said lands, a distance of two hundred fifty-sev-
     5  en  and  eighty-four hundredths (257.84) feet to the center line of Salt
     6  Road; running thence southerly along the said center line of  Salt  Road
     7  two hundred sixty-one (261) feet to the point of beginning.
     8    ALL  THAT  TRACT  OR  PARCEL  OF LAND situate in the Town of Clarence,
     9  County of Erie and State of New York, being part of Lot No. 54, Township
    10  13, Range 6 of the Holland Land Company's Survey, bounded and  described
    11  as follows:
    12    Commencing  at  a  point  in  the  center line of Salt Road, 1444 feet
    13  northerly from the south line of said Lot No. 54, as measured along  the
    14  center  line  of  Salt Road; thence westerly on a line parallel with the

    15  south line of said lot, 1090 feet to a point; thence northerly on a line
    16  parallel with the west line of said Lot No. 54,  a  distance  of  445.50
    17  feet  to a point; thence easterly 970 feet to a point in the center line
    18  of Salt Road, distant 456.72 feet northerly from the point of beginning;
    19  thence southerly along the center line of Salt Road, 456.72 feet to  the
    20  point or place of beginning.
    21    Excepting  therefrom,  all that tract or parcel of land situate in the
    22  Town of Clarence, County of Erie and State of New York,  being  part  of
    23  Lot  No.  54, township 13, Range 6 of the Holland Land Company's Survey,
    24  bounded and described as follows:  Commencing at the southeast corner of
    25  lands conveyed to Norman Wiltberger, by deed recorded in the Erie County
    26  Clerk's Office in Liber 6050 of Deeds at page 278, on September 4, 1956;

    27  running thence westerly along the  lands  so  conveyed  as  aforesaid  a
    28  distance  of  257.45  feet to a point; running thence northerly parallel
    29  with the center line of Salt Road, a distance  of  457.85  feet  to  the
    30  north  line  of the lands so conveyed to Norman Wiltberger as aforesaid;
    31  running thence easterly along the said north line of Wiltberger's lands,
    32  a distance of 257.84 feet to the  center  line  of  Salt  Road;  running
    33  thence  southerly  along  the  center  line  of Salt Road, a distance of
    34  456.72 feet to the point or place of beginning (391 acres).
    35    Reference is also made to map entitled Beeman Creek Park filed in  the
    36  Erie  County Clerk's Office as Map Number 299 in Highway File Box No. 17
    37  on April 12, 1966.
    38    § 3. The land to be transferred pursuant to this act, and  all  struc-
    39  tures  and  facilities situated on such land, shall be maintained, owned

    40  and operated by the town of Clarence.
    41    § 4. The use of such parkland and facilities shall be available to the
    42  general public. Where the availability of such facilities  are  limited,
    43  the  use  of  such  facilities must be determined by an equitable method
    44  which provides priority use to the general public based on a reservation
    45  policy for free or nominal charge.
    46    § 5. This act shall take effect immediately.
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