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S08757 Summary:

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S08757 Committee Votes:

S08757 Floor Votes:

S08757 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8757
 
                    IN SENATE
 
                                     April 11, 2022
                                       ___________
 
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT in relation to authorizing the town of Webster, county of Monroe,
          to alienate certain lands used as parkland  and  to  dedicate  certain
          other  lands  as  parklands  for  use  by  the  Webster central school
          district

          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 Webster,
     2  located  in  the  county  of Monroe, acting by and through its governing
     3  body and upon such terms and conditions as determined by such  body,  is
     4  hereby  authorized  to  discontinue  as parklands and alienate the lands
     5  more particularly described in section three of this act, and convey  to
     6  the  Webster  central  school  district,  for  the purpose of using such
     7  parcel in conjunction with the sports field already  purchased  for  the
     8  benefits of the students of such school district.
     9    §  2.  The  authorization provided in section one of this act shall be
    10  effective only upon the condition that the town of Webster and that  the
    11  Webster central school district acquire and dedicate the lands described
    12  in  section  three  of  this act as parklands, provided that neither the
    13  town nor the Webster central school district has ever  used  such  lands
    14  for public open space or park purposes.
    15    §  3. The parklands authorized by section one of this act to be alien-
    16  ated as parklands are described as follows:
    17    Prior to the discontinuance and alienation of the parklands  described
    18  in  section  three  of this act, the town of Webster shall convey to the
    19  Webster central school district and the Webster central school  district
    20  shall  acquire and dedicate as parklands such land described as follows:
    21  All that tract or parcel of land containing 2.65 acres  ±,  situated  in
    22  the town of Webster, county of Monroe, state of New York, and being more
    23  particularly bounded and described as follows:
    24                                  Schedule A
    25            Description of property on Boulter Industrial Parkway
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14816-01-2
        S. 8757                             2
 
     1  All that tract or parcel of land, situate in the Town of Webster, County
     2  of  Monroe,  State  of New York, all as shown on a map entitled "Boulter
     3  Industrial Park Lot 3, Subdivision Map", prepared by  Costich  Engineer-
     4  ing,  P.C.,  having  Drawing No. 1755 VS100, dated 1/21/2010, being more
     5  particularly bounded and described as follows:
     6    Commencing  at the northwesterly corner of Boulter Industrial Parkway,
     7  as shown on "Boulter Industrial Park Lot 4, Subdivision Map" prepared by
     8  Costich Engineering, P.C. and  filed  with  the  Monroe  County  Clerk's
     9  Office in Liber 303 of Maps, Page 20; thence
    10    A. 01°36'31" West, a distance of 6.00 feet to a point; thence
    11    B. South 88°23'29" West, a distance of 25.00 feet to a point; thence
    12    C.  Along  a  non-tangent  curve  to  the left having a delta angle of
    13  42°57'41", a radius of 236.00 feet, and an arc length  of  176.96  feet,
    14  said curve also having a chord of South 66°54'48" West, 172.84 feet to a
    15  point; thence
    16    D.  Southwesterly  along  a  curve to the left having a delta angle of
    17  09°13'23", a radius of 235.97 feet, and an arc  length  of  37.98  feet,
    18  said  curve  also having a chord of South 40°48'46" West 37.94 feet to a
    19  point; thence
    20    E. Southwesterly along a non-tangent curve to the right having a delta
    21  angle of 53°08'37", a radius of 270.00 feet, and an arc length of 250.43
    22  feet, said curve also having a chord of South 62°46'41" West 241.55 feet
    23  to a point; thence
    24    F. South 89°20'59" West, a distance of 222.02 feet to  the  point  and
    25  place of beginning; thence
    26    1. South 89°20'59" West, a distance of 200.00 feet to a point; thence
    27    2. North 00°39'02" West, a distance of 577.25 feet to a point; thence
    28    3. North 89°20'59" East, a distance of 200.00 feet to a point; thence
    29    4.  South  00°39'02"  East, a distance of 577.25 feet to the point and
    30  place of beginning. Containing 2.650 acres of land, more or less.
    31    § 4. In the  event  that  the  fair  market  value  of  the  parklands
    32  described  in  section  three of this act to be dedicated by the town of
    33  Webster pursuant to this act are not equal to or greater than  the  fair
    34  market  value  of  the parklands to be alienated as described in section
    35  three of this act, the town of Webster shall dedicate the difference  of
    36  the  fair  market value of the lands to be alienated and the lands to be
    37  dedicated for the acquisition of  additional  parklands  and/or  capital
    38  improvements to existing park and recreational facilities.
    39    §  5.  In  the  event  that  the  town of Webster received any funding
    40  support or assistance from the  federal  government  for  the  purchase,
    41  maintenance  or  improvement of the parklands set forth in section three
    42  of this act, the discontinuance and alienation of such parkland  author-
    43  ized  by  the  provisions  of this act shall not occur until the town of
    44  Webster has complied with any federal  requirements  pertaining  to  the
    45  alienation  or  conversion of parklands, including satisfying the secre-
    46  tary of the interior that the alienation or conversion complies with all
    47  conditions which the secretary of the interior deems necessary to assure
    48  the substitution of other lands shall be equivalent in fair market value
    49  and usefulness to the lands being alienated or converted.
    50    § 6. This act shall take effect immediately.