senate Bill S4285

Signed by Governor Amended

Authorizes the city of Rochester, county of Monroe to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

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Sponsor

O'BRIEN

Bill Status


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

actions

  • 19 / Mar / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 25 / Mar / 2013
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 25 / Mar / 2013
    • PRINT NUMBER 4285A
  • 30 / Apr / 2013
    • 1ST REPORT CAL.493
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 30 / May / 2013
    • HOME RULE REQUEST
  • 30 / May / 2013
    • PASSED SENATE
  • 30 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2013
    • REFERRED TO WAYS AND MEANS
  • 05 / Jun / 2013
    • SUBSTITUTED FOR A6219A
  • 05 / Jun / 2013
    • ORDERED TO THIRD READING CAL.476
  • 05 / Jun / 2013
    • HOME RULE REQUEST
  • 05 / Jun / 2013
    • PASSED ASSEMBLY
  • 05 / Jun / 2013
    • RETURNED TO SENATE
  • 02 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 12 / Jul / 2013
    • SIGNED CHAP.149

Summary

Authorizes the city of Rochester, county of Monroe to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

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Bill Details

Versions:
S4285
S4285A
Legislative Cycle:
2013-2014
Law Section:
Rochester, City of

Sponsor Memo

BILL NUMBER:S4285

TITLE OF BILL: An act authorizing the city of Rochester, county of
Monroe to alienate and convey certain parcels of land used as parkland
and to acquire other parcels of land to replace such parkland

PURPOSE:

Authorizes the city of Rochester to alienate, convey, and replace
certain parkland.

SUMMARY OF PROVISIONS:

Section 1. Authorizes the city of Rochester to discontinue as
parklands, alienate, and convey the lands described in Section 3.

Section 2. Limits above authorization so that the city may only
acquire and dedicate the lands described in Section 4.

Section 3. Outlines the specific areas to be discontinued as
parklands.

Section 4. Outlines the specific areas to replace the areas in Section

Section 5. Provides for the City of Rochester to dedicate the monetary
difference in the fair market value of the lands for the purposes of
acquiring additional parklands or for improving existing park and
recreational facilities in the event that the lands to be acquired are
not of greater or equal fair market value to the lands being
alienated.

Section 6. Keeps the land that is subject to this act in compliance
with federal laws.

Section 7. Sets the effective date.

EXISTING LAW:

None

JUSTIFICATION:

This bill allows the city of Rochester to swap privately owned land
with the current park land adjacent to one another in order to
maintain the size of Tryon Park. This action has been requested by the
City of Rochester, has a neutral effect on bark land and privately
owned land, and requires state approval.

LEGISLATIVE HISTORY:

This is a new bill

FISCAL IMPLICATIONS

Minimal

EFFECTIVE DATE:


Immediately

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

                                  4285

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

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

AN ACT authorizing the city of Rochester, county of Monroe  to  alienate
  and  convey  certain  parcels  of land used as parkland and to acquire
  other parcels of land to replace such parkland

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The city of Rochester, county of Monroe, is hereby author-
ized  to  discontinue  as  parklands,  alienate  and  convey  the  lands
described in section three of this act.
  S 2. The authorization contained in section one of this act shall only
be  effective  on  the  condition that the city of Rochester acquire and
dedicate as parklands the lands described in section four of  this  act,
such land to be used for park purposes.
  S  3.  The  lands  to  be  discontinued as parklands and alienated and
conveyed are described as follows:
  All that tract or parcel of land situate in  the  City  of  Rochester,
County  of  Monroe,  and  State of New York, being part of Lot 33 of the
Winton Road Tract as filed in the Monroe County Clerk's  Office  October
20,  1910 in Liber 23 of Maps, Page 19 and more particularly bounded and
described as follows:
  Commencing at a point in the southerly line of Tyron  Park  (50'  Wide
R.O.W.)  a  distance  of  1621.17  feet easterly of the easterly line of
North Winton Road (66.0' Wide R.O.W.), said point being also the  north-
west  corner  of  lands  conveyed  to  Brian  Conheady  and Elizabeth A.
Conheady by a deed recorded in  the  Monroe  County  Clerk's  Office  on
September  13,  2010 in Liber 10920 of Deeds, Page 571; thence easterly,
along said southerly line of Tryon Park, 40.00 feet to a point being the
northeast corner of said land conveyed to Conheady and being  the  point
and  place  of beginning of the parcel to be described; thence easterly,
continuing along the same course on a line forming an interior angle  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09752-01-3

S. 4285                             2

90°00'00"  with the easterly line of said lands conveyed to Conheady and
through lands conveyed to the City of Rochester by a  deed  recorded  in
the Monroe County Clerk's Office August 16, 1922 in Liber 1190 of Deeds,
Page 12, a distance of 10.50 feet to a point; thence southerly, continu-
ing through said lands conveyed to the City of Rochester on a line form-
ing  an interior angle of 90°00'00" with the previous course, a distance
of 166.50 feet to a point;  thence  westerly,  continuing  through  said
lands conveyed to the City of Rochester and on a line forming an interi-
or angle of 90°00'00" with the previous course, a distance of 10.50 feet
to  a  point in said easterly line of lands conveyed to Conheady; thence
northerly, along said easterly line of lands conveyed to Conheady and on
a line forming an interior angle of 90°00'00" with the previous  course,
a  distance  of  166.50  feet  to the point and place of beginning. Said
lands to be conveyed being 0.040 acres of land more or less.
  Being part of the same premises conveyed to the City of Rochester by a
deed recorded in the Monroe County Clerk's Office  August  16,  1922  in
Liber 1190 of Deeds, Page 12.
  S 4. The replacement lands to be acquired and dedicated by the town of
Amherst,  county of Erie to use as parkland for public park purposes are
described as follows:
  All that tract or parcel of land situate in  the  City  of  Rochester,
County  of Monroe, and State of New York, being part of Lot 32 and 33 of
the Winton Road Tract as filed in the Monroe County Clerk's Office Octo-
ber 20, 1910 in Liber 23 Maps,  Page  19  and  being  more  particularly
bounded and described as follows:
  Commencing  at  a  point in the southerly line of Tyron Park (50' Wide
R.O.W.) a distance of 1621.17 feet easterly  of  the  easterly  line  of
North  Winton Road (66.0' Wide R.O.W.), said point being also the north-
west corner of  lands  conveyed  to  Brian  Conheady  and  Elizabeth  A.
Conheady  by  a  deed  recorded  in  the Monroe County Clerk's Office on
September 13, 2010 in Liber 10920 of Deeds, Page 571;  thence  easterly,
along said southerly line of Tryon Park, 40.00 feet to a point being the
northeast  corner  of said lands conveyed to Conheady; thence southerly,
along the easterly line of said lands conveyed to Conheady and on a line
forming an angle of 90°00'00" in the southwest quadrant, a  distance  of
166.50  feet  to  the  point  and place of beginning of the parcel to be
described; thence continuing southerly on the same course and on a  line
forming  an  interior  angle of 90°00'00", a distance of 33.50 feet to a
point, said point being the southeast corner of said lands  conveyed  to
Conheady;  thence  westerly,  along  the  southerly  line  of said lands
conveyed to Conheady  and  on  a  line  forming  an  interior  angle  of
90°00'00" with the previous course, a distance of 60.00 feet to a point,
said  point  being  the  southwest  corner  of  said  lands  conveyed to
Conheady; thence northerly,  along  the  westerly  line  of  said  lands
conveyed  to  Conheady  and  on  a  line  forming  an  interior angle of
90°00'00" with the previous course, a distance of 33.50 feet to a point;
thence easterly, through said lands of Conheady and on a line forming an
interior angle of 90°00'00" with the  previous  course,  a  distance  of
60.00  feet  to  the  point  and  place  of  beginning. Said lands to be
conveyed being 0.046 acres of land more or less.
  Being part of the same premises conveyed to Brian Conheady and  Eliza-
beth  A. Conheady by a deed recorded in the Monroe County Clerk's Office
on September 13, 2010 in Liber 10920 of Deeds, Page 571.
  S 5. In the event that the lands  to  be  acquired,  as  described  in
section  four of this act, are not equal or greater in fair market value
that the lands being alienated, as described in section  three  of  this

S. 4285                             3

act,  the  city  of  Rochester shall dedicate the difference in the fair
market value for the acquisition  of  additional  parklands  and/or  for
capital improvements to existing park and recreational facilities.
  S  6. If the land that is the subject of this act has received funding
pursuant to the federal land and water conservation fund, the discontin-
uance of parklands authorized by the provisions of this  act  shall  not
occur  until the municipality has complied with the federal requirements
pertaining to the conversion  of  parklands,  including  satisfying  the
secretary  of  the  interior  that  the  discontinuance will include 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 discontinued.
  S 7. This act shall take effect immediately.

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