senate Bill S4285A

Signed by Governor

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

See Assembly Version of this Bill:
A6219A
Versions:
S4285
S4285A
Legislative Cycle:
2013-2014
Law Section:
Rochester, City of

Sponsor Memo

BILL NUMBER:S4285A

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
3.

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 park
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--A

                       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  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09752-03-3

S. 4285--A                          2

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
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 city of
Rochester, county of Monroe 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. 4285--A                          3

  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
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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