senate Bill S6585

Signed by Governor Amended

Authorizes the city of Jamestown, county of Chautauqua, to discontinue the use of certain lands as parklands

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 01 / Mar / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 16 / May / 2012
    • 1ST REPORT CAL.828
  • 21 / May / 2012
    • 2ND REPORT CAL.
  • 22 / May / 2012
    • ADVANCED TO THIRD READING
  • 23 / May / 2012
    • HOME RULE REQUEST
  • 23 / May / 2012
    • PASSED SENATE
  • 23 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2012
    • REFERRED TO CITIES
  • 08 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 08 / Jun / 2012
    • RETURNED TO SENATE
  • 11 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING 6585A
  • 19 / Jun / 2012
    • HOME RULE REQUEST
  • 19 / Jun / 2012
    • REPASSED SENATE
  • 19 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2012
    • SUBSTITUTED FOR A9493A
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.546
  • 21 / Jun / 2012
    • HOME RULE REQUEST
  • 21 / Jun / 2012
    • PASSED ASSEMBLY
  • 21 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2012
    • SIGNED CHAP.315

Summary

Authorizes the city of Jamestown, county of Chautauqua, to discontinue the use of certain lands as parklands and requires the dedication of other certain parcels of land for public park purposes.

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Bill Details

Versions:
S6585
S6585A
Legislative Cycle:
2011-2012
Law Section:
Jamestown, City of

Sponsor Memo

BILL NUMBER:S6585

TITLE OF BILL:
An act
to authorize the city of Jamestown, in the county of Chautauqua, to
discontinue the use of certain lands as parklands

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize the city of Jamestown to discontinue certain
land as parklands; and in exchange for the conveyance, dedicate other
land within the town which is of an equal or greater fair market
value than the converted land.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the city of Jamestown to discontinue as parklands
the lands described in section three of this act.

Section 2 sets forth the condition that the lands described in section
four of this act must be of equal or greater fair market value than
the lands being alienated.

Section 3 defines the land to be discontinued as parkland, as set
forth in section one of this act.

Section 4 defines the replacement land to be dedicated by the City of
Jamestown as parkland.

Section 5 states that in the event that the replacement parklands to
be dedicated by the city of Jamestown are not of equal or greater
fair market value and usefulness as parklands than the parklands to
be discontinued, the city of Jamestown shall dedicate the difference
of fair market value and/or usefulness of the lands to be alienated
and the lands to be dedicated for the acquisition of additional
parklands and/or capital improvements to existing park and
recreational facilities.

Section 6 states that the discontinuance of parklands authorized by
the provisions of this act shall not occur until the city of
Jamestown has complied with any federal requirements pertaining to
the conversion of parklands, including satisfying the secretary of
the interior that the conversion complies with all conditions which
the secretary of the interior deems necessary to assure the
substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being alienated or converted.

Section 7 sets the effective date.

JUSTIFICATION:

The city of Jamestown is requesting the conversion of a 20.95 acre
portion of parkland. This piece of property has been maintained as a

parks management and composting site for many years. The property
sits in the northernmost section of Chadakoin Park. Because land
set-aside for the maintenance of parks is not considered park use,
this piece of property must either have its contents relocated or it
must be converted. Other sites were considered as alternatives,
however, all proved to be impracticable and ultimately inefficient.
As a result, the city would like to convert this portion of parkland
and replace it with similar property located directly adjacent to the
southern boundary of Chadakoin Park.

This conversion would maintain the goals and spirit of the Statewide
Comprehensive Outdoor Recreation Plan by actually increasing the
access and recreational opportunities for the public by removing
acreage that is remote and disconnected from the rest of the park.
The area to be converted does not contain any recreation facilities
or opportunities. The more readily accessible replacement piece will
provide trails and access along the Chadakoin River, providing new
and diverse recreational opportunities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6585

                            I N  S E N A T E

                              March 1, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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:

  Section 1. Subject to the provisions of this act, the city  of  James-
town,  in the county of Chautauqua, acting by and through its city coun-
cil,  is  hereby  authorized  to  discontinue  as  parklands  the  lands
described in section three of this act.
  S  2.  The authorization granted in section one of this act shall take
effect upon the condition that the lands described in  section  four  of
this  act be dedicated as parkland by the city of Jamestown are of equal
or greater fair market value than the fair market  value  of  the  lands
being discontinued as parklands by this act.
  S  3.  The  lands  to  be  discontinued  as parklands are described as
follows:
  ALL THAT TRACT OR PARCEL OF LAND, situate in the  City  of  Jamestown,
County of Chautauqua and State of New York, being part of Lot 35, Town 2
and  Range 11 of the Holland Land Company's Survey and more particularly
bounded and described as follows: BEGINNING at an existing iron stake in
the southwesterly line of Fluvanna Avenue  (66  feet  wide),  said  iron
stake  being also the northwesterly corner of lands conveyed to The Clip
Joint, LLC by deed described in a deed recorded in the Chautauqua County
Clerk's office in Liber 2714 of Deeds at page 688; thence S 22° 04'  54"
W  121.75 feet; thence S 20° 51' 13" E 190.90 feet; thence S 68° 38' 05"
W 208.88 feet; thence S 01° 02' 17" E 790.00 feet; thence S 68° 53'  16"
W  784.54 feet; thence N 01° 48' 58" W 720.41 feet; thence northwesterly
on a non-tangent curve, concave to the southwest,  having  a  radius  of
2027.08  feet,  an  arc distance of 602.07 feet (closure chord N 19° 43'
18" W 599.87 feet); thence easterly on a non-tangent curve,  concave  to
the  North,  having a radius of 666.78 feet, an arc distance 827.46 feet
(closure chord N 86° 26' 46" E 775.38 feet); thence  N  34°  03'  05"  E
33.47 feet; thence S 67° 59' 19 E 110.25 feet; thence northeasterly on a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14808-01-2

S. 6585                             2

non-tangent  curve,  concave to the northwest, having a radius of 1005.4
feet, an arc distance of 56.61 feet (closure chord N 49° 11' 09" E 56.60
feet); thence N 01° 03' 01" W 6.84 feet; thence N 44° 42' 34"  E  117.18
feet;  thence  N  23° 03' 55" W 25.96 feet; thence N 35° 28' 23" E 11.80
feet; thence S 67° 52' 37" E 106.32 feet to the point or place of begin-
ning, containing 20.949± acres of land more or less.
  S 4. The replacement lands to be dedicated by the city of Jamestown as
parklands for public park purposes are described as follows:
                                PARCEL A
  ALL THAT TRACT OR PARCEL OF LAND, situate in the  City  of  Jamestown,
County of Chautauqua and State of New York, being part of Lot 34, Town 2
and  Range 11 of the Holland Land Company's Survey and more particularly
bounded and described as follows: BEGINNING at a point in the west  line
of lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben South-
ern  Tier Extension Railroad Authority by deed describe in Liber 2462 of
Deeds at page 247 and being the northeast corner of a portion  of  lands
conveyed  to  George  White  by deed described in Liber 1901 of Deeds at
page 515, said point also being N 01°48'58" W  140.00  feet  along  said
Railroad Authority and George White lands from the intersection with the
north  line  of Isabella Avenue; thence S 88°10'03" W 172.18 feet to the
easterly shoreline of the Chadakoin River; thence northerly  along  said
easterly  shoreline  of the Chadakoin River to the intersection with the
northeasterly line of the  parcel  herein  described  and  the  existing
southwesterly  line  of Chadakoin Park; thence S 53°02'14" E 320.80 feet
to the said  west  line  of  the  Railroad  Authority  lands;  thence  S
01°48'58"  E  876.83 feet along said west line of the Railroad Authority
lands to an existing rail monument; thence S 88°11'02" W 16.00  feet  to
an existing iron stake; thence S 01°48'58" E 197.81 feet along said west
line of the Railroad Authority lands to the point or place of beginning,
containing 17.33± acres of land more or less.
                                 PARCEL B
  ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of Jamestown,
County of Chautauqua and State of New York, being part of Lot 34, Town 2
and Range 11 of the Holland Land Company's Survey and more  particularly
bounded  and  described as follows: BEGINNING at the intersection of the
north line of Tenth Street and the west line of Monroe Street, being the
southeast corner of the parcel herein described; thence S 88° 10' 03"  W
347.00  feet  along  said north line of Tenth Street to the east line of
lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben  Southern
Tier  Extension  Railroad  Authority  by deed described in Liber 2462 of
Deeds at page 247 and being the west terminus of Tenth Street; thence  N
01° 48' 58" W 381.73 feet along said east line of the Railroad Authority
lands  to  the  south  line  of  Eleventh Street; thence N 89° 52' 55" E
347.14 feet along said south line of Eleventh Street to said  west  line
of  Monroe  Street;  thence  S 01° 48' 58" E 371.51 feet along said west
line of Monroe Street to the point or  place  of  beginning,  containing
3.01± acres of land more or less.
                                 PARCEL C
  ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of Jamestown,
County of Chautauqua and State of New York, being part of Lot 34, Town 2
and Range 11 of the Holland Land Company's Survey and more  particularly
bounded  and  described as follows: BEGINNING at the intersection of the
northwesterly line of West Eighth Street with the west  line  of  Outlet
Street;  thence S 48°48'10"W 213.96 feet; thence northeasterly on a non-
tangent curve, concave to the northwest, having a radius of 448.93 feet,
an arc distance of 114.20 feet (closure chord N 29°07'33"E 113.89 feet);

S. 6585                             3

thence N 41°50'17"W 116.98 feet to the shoreline of the Chadakoin River,
passing over an existing iron stake  at  98.10  feet;  thence  northerly
along said shoreline of the Chadakoin River to the intersection with the
south  line  of  Isabella  Avenue; thence N 88°10'03"E 210.04 feet along
said south line of Isabella Avenue to the intersection  with  said  west
line  of  Outlet Street; thence S 01°48'58"E 660.48 feet along said west
line of Outlet Street to the point or  place  of  beginning,  containing
2.51± acres of land more or less.
                                 PARCEL D
  ALL  THAT  TRACT  OR PARCEL OF LAND, situate in the City of Jamestown,
County of Chautauqua, and State of New York, being part of Lot 34,  Town
2 and Range 11 of the Holland Land Company's Survey and more particular-
ly  bounded  and  described as follows: BEGINNING at the intersection of
the south line of Eleventh Street (60' wide) with the east line of Clin-
ton Street; thence S 89° 52' 55" W 734.38 feet along said south line  of
Eleventh  street  to  the  east  bounds of lands conveyed to Chautauqua,
Cattaraugus,  Allegany  and  Stuben  Southern  Tier  Extension  Railroad
Authority by deed described in Liber 2462 of Deeds at page 247; thence N
01°  48'  58"  W  60.03 feet along said Railroad Authority lands and the
west terminus of said Eleventh Street to the north line of said Eleventh
Street; thence N 89° 52' 55" E 734.38 feet  along  said  north  line  of
Eleventh Street; thence S 01° 48' 58" E 60.03 feet to the point or place
of beginning, containing 1.012+ acres of land more or less.
  S  5.  In  the event that the replacement parklands to be dedicated by
the city of Jamestown pursuant to this act are not of equal  or  greater
fair market value than the parklands discontinued, the city of Jamestown
shall  dedicate  the difference of fair market value of the parklands to
be discontinued and the lands to be dedicated  for  the  acquisition  of
additional  parklands  and/or  capital improvements to existing park and
recreational facilities.
  S 6. The discontinuance of parklands authorized by the  provisions  of
this  act  shall not occur until the city of Jamestown has complied with
any federal requirements pertaining to conversion of parklands,  includ-
ing  satisfying  the  secretary  of  the  interior  that  the conversion
complies with all conditions which the secretary of the  interior  deems
necessary  to assure the substitution of other lands shall be equivalent
in fair market value and recreational  usefulness  to  the  lands  being
converted.
  S 7. This act shall take effect immediately.

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