senate Bill S2345A

Signed by Governor

Relates to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie

download pdf

Sponsor

Bill Status


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

actions

  • 16 / Jan / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 24 / Apr / 2013
    • 1ST REPORT CAL.432
  • 29 / Apr / 2013
    • 2ND REPORT CAL.
  • 30 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • AMENDED ON THIRD READING 2345A
  • 20 / May / 2013
    • HOME RULE REQUEST
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 30 / May / 2013
    • SUBSTITUTED FOR A3882A
  • 30 / May / 2013
    • ORDERED TO THIRD READING CAL.398
  • 30 / May / 2013
    • HOME RULE REQUEST
  • 30 / May / 2013
    • PASSED ASSEMBLY
  • 30 / May / 2013
    • RETURNED TO SENATE
  • 07 / Jun / 2013
    • DELIVERED TO GOVERNOR
  • 19 / Jun / 2013
    • SIGNED CHAP.64

Summary

Relates to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3882A
Versions:
S2345
S2345A
Legislative Cycle:
2013-2014
Law Section:
Parks

Sponsor Memo

BILL NUMBER:S2345A

TITLE OF BILL: An act in relation to the alienation and substitution
of certain parklands in the town of Amherst in the county of Erie

PURPOSE OR GENERAL IDEA OF BILL:

To authorize the Town of Amherst, located in Erie County, to
discontinue the use of certain lands as parkland.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1- authorizes the Town of Amherst to discontinue as parklands
certain land as described in Section 3 of this act in exchange for the
land described in Section 4 of this act.

Section 2- makes authorization to discontinue effective only upon
dedication of lands described in section 4 as parklands.

Section 3- describes the lands to be discontinued as parklands.

Section 4- describes the lands to be dedicated as parklands.

Section 5- provides that in the event replacement lands are not equal
to lands being replaced, the Town of Amherst will dedicate the
difference in fair market value in order to acquire additional
parklands and/or for improvements to the existing park and
recreational facilities.

Section 6- provides that discontinuance shall not occur until the Town
of Amherst has complied with any federal requirements.

Section 7- provides that the act shall take effect immediately.

JUSTIFICATION:

This bill has been introduced at the request of the Town of Amherst.
The parcel to be discontinued as parkland was intended to be conveyed
and used by the North Amherst Fire Company for firematic, recreation
and parking purposes, and in fact is being used for those public
purposes. The Town has now been advised that although this parcel was
never specifically designated as parkland, it was in fact deemed
parkland and must be discontinued as parkland and replacement lands
identified.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

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
________________________________________________________________________

                                 2345--A
    Cal. No. 432

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism,  Parks and Recreation -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT in relation to the alienation and substitution of  certain  park-
  lands in the town of Amherst in the county of Erie

  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 town of Amherst,
in the county of Erie, acting by and through its town board,  is  hereby
authorized to discontinue as parklands and alienate, the lands described
in section three of this act.
  S 2. The authorization contained in section one of this act shall take
effect  only  upon  the condition that the town of Amherst shall acquire
and dedicate the lands of equal or greater fair market  value  described
in section four of this act as additional parklands of the town.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands are as follows:
  ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun-
ty of Erie and State of New York being part of Lot No. 27, Township  13,
Range 7 of the Holland Land Company Survey, described as follows:
  Beginning at the point of beginning of the New York State Canal Corpo-
ration  Abandonment  of  the  Town  of Amherst by Deed recorded in Liber
11007 of Deeds at page 740 on May 29, 2002; thence  north  62°  50'  00"
east  a distance of 27.66 feet to a point; thence north 64° 39' 00" east
a distance of 65.05 feet to a point; thence north 67°  29'  00"  east  a
distance  of  64.65  feet  to  a  point; thence north 70° 57' 00" east a
distance of 64.72 feet to a point  thence  north  73°  31'  00"  east  a
distance  of  197.15  feet  to  a point; thence north 75° 31' 00" east a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05562-07-3

S. 2345--A                          2

distance of 65.20 feet to a point; thence  north  77°  29'  00"  east  a
distance  of  64.98  feet  to  a  point; thence north 80° 15' 00" east a
distance of 65.43 feet to a point; thence  north  80°  24'  00"  east  a
distance  of  65.68  feet  to  a  point; thence north 82° 17' 00" east a
distance of 65.63 feet to a point; thence  north  82°  49'  00"  east  a
distance  of  65.80  feet  to  a  point; thence north 83° 30' 00" east a
distance of 65.47 feet to a point; thence  north  85°  02'  00"  east  a
distance  of  65.50  feet  to  a  point; thence north 85° 24' 00" east a
distance of 329.65 feet to a point; thence north  89°  02'  00"  east  a
distance  of  265  feet  to  a  point;  thence  south 00° 00' 00" west a
distance of 177.55 feet to a point in the northerly  line  of  Tonawanda
Creek  Road;  thence south 84° 30' 37" west and along the northerly line
of Tonawanda Creek Road a distance of 275.35 feet  to  a  point;  thence
continuing southwesterly along the radius of the north line of Tonawanda
Creek  Road  a  distance of 689.94 feet to a point; thence south 62° 56'
39" west and continuing along the northerly line of Tonawanda Creek Road
a distance of 607.01 feet to a point; thence southerly 75° 52' 37"  west
a  distance  of  58.54 feet to the southwest corner of lands conveyed by
Liber 3030 of Deeds at page 441; thence north 07° 06' 50" east and along
the westerly line of lands conveyed by Deed recorded in  Liber  3030  of
Deeds  at  page 441 a distance of 153.14 feet to the northwest corner of
lands conveyed by the last mentioned deed; thence north 75° 28' 00" east
and along the northerly line of lands conveyed by Deed recorded in Liber
3030 at page 441 a distance of 22.21 feet to a point; thence  north  01°
06'  56" east and along the easterly line of New York State Canal Corpo-
ration's Abandonment to the Town of Amherst by Deed  recorded  in  Liber
11,007  at  page 0740 a distance of 275.22 feet to the point or place of
beginning.
  Containing 9.18 acres more or less.
  Excepting therefrom those lands conveyed by Deed recorded in the  Erie
County  Clerk's Office in Liber 3030 of Deeds at Page 441; Liber 9090 of
Deeds at page 545 and Liber 9164 of Deeds at page 580.
  Excepting therefrom, the Reservations contained in a Deed to the gran-
tor herein recorded in Liber 11007 of Deeds  at  page  074  and  further
subject  to  designation  as  parkland in a contract between the Town of
Amherst and the New York State Office of Parks, Recreation, and Historic
Preservation, dated June 27, 2001, and providing that the  grantor  will
provide  continued  maintenance  of the existing eight foot wide macadam
Bike Path transversing the property hereby conveyed in  accordance  with
the  Trail Guidelines contained in the Canal Recreation Way Plan as such
plan exists on the date of this conveyance.
  S 4. Prior to  the  discontinuance  and  alienation  of  the  parkland
described  in  section  three  of  this act, the town of Amherst, acting
through its town board, shall acquire and dedicate replacement lands for
use as parkland for public park purposes, with such  replacement  lands,
being of equal or greater fair market value, as follows:
  ALL  THAT  TRACT  OR  PARCEL  OF LAND situated in the Town of Amherst,
County of Erie, State of New York being part of Lot  102,  Township  12,
Range  7 of the Holland Land Survey (so-called) bounded and described as
follows:
  Beginning at a point in the west line of Lot 102 at  its  intersection
with  the  south line of lands conveyed to George Biser by Deed recorded
in the Erie County Clerk's Office in Liber 154 of Deeds at page 429;
  THENCE: S-88°-17'-07"-E, along said south line and the south  line  of
lands  shown on a subdivision map of Hunter's Woods East recorded in the

S. 2345--A                          3

Erie County Clerk's Office under Cover No. 2395 a distance  of  2,367.45
feet to the centerline of Smith Road;
  THENCE:  S-47°-10'-26"-E,  along  said centerline a distance of 549.63
feet to the south line of lands  conveyed  to  Joseph  Neuhaus  by  Deed
recorded in Liber 1270 of Deeds at page 370;
  THENCE:  N-88°-09'-11"-W,  along  said south line a distance of 2,780±
feet to the west line of lot 102;
  THENCE: N-00°-24'-46"-E, along said west line  a  distance  of  355.08
feet  to  the  point  of  beginning  containing 19.95 acres more or less
exclusive of the area lying within the bounds of Smith Road.
  Containing 20.95 acres more or less.
  S 5. In the event that the parklands to be dedicated by  the  town  of
Amherst  pursuant  to this act are not equal to or greater than the fair
market value of the parkland to be discontinued,  the  town  of  Amherst
shall  dedicate  the difference of the fair market value of the lands to
be alienated and the lands to be dedicated for the acquisition of  addi-
tional  parklands  and/or  for capital improvements to existing park and
recreational facilities.
  S 6. In the event that  the  town  of  Amherst  received  any  funding
support  or  assistance  from  the  federal government for the purchase,
maintenance or improvement of the parklands set forth in  section  three
of  this act, the discontinuance and alienation of such parkland author-
ized by the provisions of section three of  this  act  shall  not  occur
until  the  town  of  Amherst has complied with any federal requirements
pertaining to the alienation or conversion of such parklands,  including
satisfying  the secretary of the interior that the alienation or conver-
sion 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 and usefulness to the lands being alienated or
converted.
  S 7. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.