senate Bill S4560B

Signed by Governor

Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany

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Bill Status


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

  • 10 / Apr / 2013
    • REFERRED TO FINANCE
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1282
  • 12 / Jun / 2013
    • HOME RULE REQUEST
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 23 / Jan / 2014
    • PRINT NUMBER 4560A
  • 20 / May / 2014
    • 1ST REPORT CAL.846
  • 21 / May / 2014
    • AMENDED 4560B
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2014
    • HOME RULE REQUEST
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO TRANSPORTATION
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A7059B
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.388
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.294

Summary

Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany.

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Bill Details

See Assembly Version of this Bill:
A7059B
Versions:
S4560
S4560A
S4560B
Legislative Cycle:
2013-2014
Law Section:
Transportation, Commissioner of

Sponsor Memo

BILL NUMBER:S4560B

TITLE OF BILL: An act authorizing the commissioner of transportation
to transfer certain lands in the county of Allegany to the town of
Andover

PURPOSE:

Authorizes the commissioner of transportation to convey certain land
to the town of Andover, in the county of Allegany, for the purposes of
operating the Town Highway Department.

SUMMARY OF PROVISIONS:

Section one, notwithstanding any other provision of law, authorizes
the commissioner of transportation to transfer and convey, in whole or
in part, lands located in the town of Andover, county of Allegany, for
the sum of $1.

Section two sets forth the metes and bounds description of the parcel
of land authorized to be transferred and conveyed to the town of
Andover, which is approximately 2.855 acres of land.

Section three provides that application for the transfer or conveyance
must include a survey of the property described in section 2 of the
bill.

Section four provides that the Town of Andover must make an
application to the DOT within one year after the effective date in
order for the transfer to occur.

Section five provides that the land transferred to the Town of Andover
shall be used to advance the public purpose of providing lands for the
storage of materials, and the storage, repair and maintenance of
equipment needed to maintain the town highway system, and it provides
for the reversion of such lands back to the state if at any time the
land ceases to be used for the purposes intended in this act.

Section five provides an immediate effective date.

JUSTIFICATION:

The New York State Department of Transportation (DOT) has agreed to
allow the Town of Andover to use this land so long as it advances the
public purpose of providing the town with additional lands for the
storage of materials and the storage, repair and maintenance of
equipment needed to maintain the town highway system. Several years
ago, DOT informally abandoned the property, moving their operations to
Wellsville. DOT no longer has use for the land.

Since DOT's informal abandonment of the property, the Town of Andover
has occupied the property, obtained the appropriate Department of
Environmental Conservation permits for the maintenance facility on the
property, and has transferred the utilities to the town.


This legislation serves as a formality to a preexisting agreement
between the Department of Transportation and the Town of Andover,
Allegany County.

In summary, this legislation provides for the State of New York to
transfer its former Department of Transportation sub-residency
facility to a subdivision of the State (Town of Andover) for a sum of
$1, requires that a survey of said property be provided during
conveyance, requires the transfer of property to be subject to any
provisions included in the legislation, states the amount of acreage
to be transferred at 2.855 acres, and provides that all improvements
on such land be included as a component of the transfer.

LEGISLATIVE HISTORY:

2013: S.4560/A.7059 Passed the Senate

FISCAL IMPLICATIONS:

None to State.

EFFECTIVE DATE:

Immediately.

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

                                 4560--B
    Cal. No. 846

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first report, amended on first report,  ordered  to  a
  second  report and ordered reprinted, retaining its place in the order
  of second report

AN ACT  authorizing  the  commissioner  of  transportation  to  transfer
  certain lands in the county of Allegany to the town of Andover

  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 but  notwithstanding
any  other  provision of law to the contrary, the commissioner of trans-
portation is hereby authorized to transfer and convey  to  the  town  of
Andover,  in  consideration  of one dollar and upon such other consider-
ation as the commissioner may deem proper, unused land formerly used  as
a  department of transportation sub-residency facility, and any improve-
ments thereon, located in the town of Andover, the county of Allegany.
  S 2. The land situated in the county of Allegany to be transferred and
conveyed pursuant to section one of this act, is  further  described  as
follows:
  ALL  THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town
of Andover, in the County of Allegany and State of New York, being part-
ly within and partly without the Village of Andover, being a part of Lot
No. 81 in Township 2, Range 7, of Phelps and Gorhams Purchase  and  more
particularly bounded and described as follows:
  BEGINNING  at  a  point  on  the  easterly  line of the Andover-Alfred
Station-Almond State Highway No. 5502 where the same is  intersected  by
the  division line between premises of the said party of the first part,
on the south, and premises formerly owned by Roswin Hardy but now  owned

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10127-09-4

S. 4560--B                          2

by  Kenneth  Waters  (reputed  owner),  on the north, and running thence
along said division line South 89°36'20" East 140.21 feet to  the  divi-
sion  line between said premises of said party of the first part, on the
west,  and premises of Wilmer C. Atwell and Margaret R. Atwell, his wife
(reputed owners), on the east; thence along said last mentioned division
line South 18°02'10" East 278.16 feet to the division line between  said
premises  of  said party of the first part, on the west, and premises of
Herman Lehman (reputed owner), on  the  east;  thence  along  said  last
mentioned  division  line and the division line between said premises of
said party of the first part, on the west, and  premises  of  Donald  L.
Nichols  and  Reva  J.  Nichols, his wife (reputed owners), on the east,
South 18°19'40" West 192.72 feet to an  angle  in  said  last  mentioned
division  line;  thence along the division line between said premises of
said party of the first part, on the west, and said premises  of  Donald
L.  Nichols and Reva J. Nichols, his wife (reputed owners), and premises
of Harold E. Dodge and Barbara J. Dodge, his wife (reputed  owners),  on
the  east,  South  66°  18'  20"  West  213.18 feet to the division line
between said premises of said party of the first part, on the west,  and
premises  of  John Dodge and Esther E. Dodge, his wife (reputed owners),
on the east; thence  along  said  last  mentioned  division  line  South
52°59'20" West 110.07 feet to the division line between said premises of
said  party  of  the  first  part on the West, and the premises of Ralph
Skinner and Wilma Skinner, his  wife  (reputed  owners),  on  the  east;
thence  along  said  last mentioned division line South 43° 27' 50" West
195.87 feet to its intersection with the easterly line  of  the  Andover
Village  State Highway No. 5419; thence along said easterly line of said
highway and the easterly line of the Andover-Alfred Station-Almond State
Highway No. 5502 the following three courses and distances, to wit:  (1)
North  33°  57'  10"  East  203.89 feet; (2) thence North 16°40'20" East
455.67 feet, and (3) thence North 03° 09' 40" East 136.24  feet  to  the
point  and  place of beginning, containing 2.855± acres, of which 1.170±
acres lie within the Village of Andover and 1.145± acres lie outside the
Village of Andover; all bearings being referred to True North.
  TOGETHER WITH  all the right, title and interest, if any, of the  said
party  of the first part in and to all that portion of the highway lying
opposite and abutting said premises on the  west,  to  the  center  line
thereof, as said highway existed on March 2, 1899.
  S  3.    The  description in section two of this act of the land to be
conveyed is not intended to be a legal description but  is  intended  to
identify  the parcel to be conveyed. As a condition of the purchase, the
town of Andover shall submit to the commissioner of transportation,  for
his  or her approval, an accurate survey and description of the lands to
be conveyed, which shall be used in the conveyance thereof.
  S 4. The commissioner of transportation shall not transfer  or  convey
the land described in section two of this act unless application is made
by  the town of Andover within one year after the effective date of this
act.
  S 5. The land described in section two of this act shall  be  used  by
the town of Andover to advance the public purpose of providing such town
with  additional  lands  for  the storage of materials, and the storage,
repair and maintenance of equipment needed to maintain the town  highway
system  and  upon  termination  of such use title to the lands so trans-
ferred along with any improvements made  thereto  shall  revert  to  the
state of New York.
  S 6. This act shall take effect immediately.

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