senate Bill S7276B

Signed by Governor

Authorizes the town of Cortlandville to alienate and convey parkland and acquire other parcels of land to replace such parkland

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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

  • 09 / May / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1131
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 7276A
  • 12 / Jun / 2014
    • AMENDED ON THIRD READING 7276B
  • 17 / Jun / 2014
    • HOME RULE REQUEST
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A10050A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.509
  • 19 / Jun / 2014
    • HOME RULE REQUEST
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 07 / Aug / 2014
    • SIGNED CHAP.235

Summary

Authorizes the town of Cortlandville to alienate and convey parkland and acquire other parcels of land to replace such parkland.

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Bill Details

See Assembly Version of this Bill:
A10050A
Versions:
S7276
S7276A
S7276B
Legislative Cycle:
2013-2014
Law Section:
Property Appropriation

Sponsor Memo

BILL NUMBER:S7276B

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

PURPOSE: To alienate and convey certain parcels of land in the town of
Cortlandville.

SUMMARY OF PROVISIONS: Section 1 gives home rule authorization to the
town of Cortlandville, county of Cortland, to discontinue, alienate
and convey certain parcels of park land. Section 2 states that the
validity of the conveyance authorization is contingent upon the
dedication of an amount equal to or greater than the fair market value
of the lands to be acquired for park purposes. Section 3 identifies
the parcels of land to be alienated and conveyed. Section 4 identifies
the lands to be acquired for park purposes. Section 5 specifies that
the lands to be alienated shall be in continuous use until the lands
to be acquired have been developed and are open to the public. Section
6 requires the satisfaction of applicable federal requirements
pertaining to the conversion of park lands before conveying such
lands. Section 7 provides the effective date.

JUSTIFICATION: The opportunity for the town of Cortlandville to
acquire approximately 90 acres of land for park purposes in exchange
for 6.1 acres of park land presents a valuable opportunity to provide
additional park facilities for public enjoyment at little or no cost
to the town. This bill will help facilitate this transaction by
providing home rule authorization to the town of Cortlandville for the
purpose of alienating, conveying, and acquiring park lands identified
in the bill.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediate.

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

                                 7276--B
    Cal. No. 1131

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably from said committee and committed to the Committee
  on Rules -- ordered to a third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT authorizing the town of  Cortlandville,  county  of  Cortland  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  town of Cortlandville, county of Cortland, is hereby
authorized to discontinue as parklands, alienate and convey to  Gutchess
Lumber Company 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 Cortlandville dedicate
an amount equal to or greater than the fair market value of the property
being alienated in section three of this act toward acquisition of addi-
tional parkland and/or capital improvements to existing parkland.
  S 3. The lands to be  discontinued  as  parklands  and  alienated  and
conveyed  pursuant  to section one of this act are bounded and described
as follows:
  Parcel I
  ALL that tract or parcel of land situate on the westerly side  of  New
York state route  281 in Lot  83, town of Cortlandville, county of Cort-
land  and  state  of  New  York  being bounded and described as follows:
Beginning at a point on the westerly right-of-way  line  of  said  Route
#281  at the northeast corner of lands conveyed to the town of Cortland-
ville (R.O.) as filed in the Cortland County Clerk's Office in Liber 342
of Deeds at Page 765; thence running N 62° 37' 19" W along said  parcel,
a  distance  of  183.05  feet to a point; thence running N 27° 22' 41" E
along said parcel, a distance of 200.0 feet to a point; thence running S
62° 37' 19" E along said parcel, a distance of 196.39 feet to a point on
the westerly right of way line of NYS Route No. 281;  thence  running  S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14917-03-4

S. 7276--B                          2

31°  11'  35" W along said right of way a distance of 200.44 feet to the
place of beginning and containing 0.86 acres of land.
  Also  conveying all rights, title and interest to the land lying east-
erly of the above described premises to the centerline of NYS Route  No.
281.
  Parcel II
  ALL that tract or parcel of land situate in the town of Cortlandville,
county  of  Cortland and state of New York, being part of Lot 83 in said
town, being bounded and described as follows: Beginning at  a  point  on
the west right of way line of NYS Route 281, set at the northeast corner
of  the parcel of land conveyed by Arthur Yacavone to F. Donald McGee by
deed recorded in the Cortland County Clerk's  Office  in  Liber  310  of
Deeds  at  Page 859; running thence North 62° 37' 19" West a distance of
409.17 feet to a steel pipe; thence running South 27°  22'  41"  West  a
distance  of  242.76  feet  to a point in the north line of Lamont Acres
Tract; running thence North 85° 21' 36" West a distance of  173.93  feet
to a steel pipe set in the east line of lands owned by Gutchess; running
thence  North  3° 15' 40" East a distance of 545.0 feet to a steel pipe;
running thence South 85° 21' 36" East a distance of  404.54  feet  along
the  south line of lands owned by Arthur B. Yacavone to a point; running
thence South 62° 53' 46" East a distance of 250.0 feet to an iron  pipe;
running  thence  South  27°  22'  41" West a distance of 200.0 feet to a
steel pipe; running thence South running 62° 37' 19" East a distance  of
183.05 feet to a concrete monument set in the west line of the right-of-
way  NYS  route  281;  running  thence South 32° 57' 54" West along said
right-of-way a distance of 145.66 feet to the point or place  of  begin-
ning, containing 6.17 acres of land, more or less.
  Also,  all  the lands lying between the above described parcel of land
and the center line of NYS Route No. 281 on the  east,  subject  to  the
right of the public to use the same for street and highway purposes.
  S 4. The replacement lands to be acquired and dedicated by the town of
Cortlandville,  county  of  Cortland,  to use as new parkland for public
park purposes are described as follows:
  ALL that tract or parcel of land situated in  the  town  of  Cortland-
ville, county of Cortland and state of New York bounded and described as
follows:
  Beginning  at  a  point,  said  point being at the intersection of NYS
Route 13 and Gracie Road;
  Thence North 11 degrees 24 minutes 00 seconds West for a  distance  of
411.00 feet along the centerline of Gracie Road to a point;
  Thence  North  10 degrees 37 minutes 00 seconds West for a distance of
871.00 feet along the centerline of Gracie Road to a point;
  Thence North 09 degrees 28 minutes 00 seconds West for a  distance  of
120.50 feet along the centerline of Gracie Road to a point;
  Thence  North  04 degrees 03 minutes 00 seconds West for a distance of
65.00 feet along the centerline of Gracie Road to a point;
  Thence North 07 degrees 06 minutes 00 seconds East for a  distance  of
77.23 feet along the centerline of Gracie Road to a point;
  Thence  North  18 degrees 33 minutes 00 seconds East for a distance of
76.35 feet along the centerline of Gracie Road to a point;
  Thence North 21 degrees 24 minutes 00 seconds East for a  distance  of
260. 84 feet along the centerline of Gracie Road to a point;
  Thence  South  76 degrees 22 minutes 00 seconds East for a distance of
315.09 feet to a point;
  Thence North 17 degrees 33 minutes 25 seconds East for a  distance  of
248.72 feet to a point;

S. 7276--B                          3

  Thence  South  80 degrees 03 minutes 20 seconds East for a distance of
45.34 feet to a point;
  Thence  North  09 degrees 56 minutes 40 seconds East for a distance of
125.00 feet to a point;
  Thence North 80 degrees 03 minutes 20 seconds West for a  distance  of
225.00 feet to a point;
  Thence  South  84 degrees 54 minutes 55 seconds West for a distance of
161.12 feet to a point along the centerline of Gracie Road;
  Thence North 03 degrees 52 minutes 25 seconds East for a  distance  of
226.60 feet along the centerline of Gracie Road to a point;
  Thence  South  82 degrees 58 minutes 45 seconds East for a distance of
968.88 feet to a point;
  Thence North 07 degrees 29 minutes 00 seconds East for a  distance  of
601.97 feet to a point;
  Thence  South  82 degrees 21 minutes 10 seconds East for a distance of
558.60 feet to a point;
  Thence South 08 degrees 17 minutes 48 seconds West for a  distance  of
629.33 feet to a point;
  Thence  South  82 degrees 21 minutes 10 seconds East for a distance of
407.97 feet to a point;
  Thence South 65 degrees 14 minutes 21 seconds West for a  distance  of
370.64 feet to a point;
  Thence  South  07 degrees 22 minutes 44 seconds West for a distance of
1019.77 feet to a point;
  Thence South 83 degrees 01 minutes 36 seconds East for a  distance  of
218.99 feet to a point;
  Thence  South  18 degrees 01 minutes 56 seconds East for a distance of
221.48 feet to a point along the centerline of N.Y.S. Route 13;
  Thence South 60 degrees 30 minutes 00 seconds West for a  distance  of
349.00 feet along the centerline of N.Y.S. Route 13 to a point;
  Thence  South  66 degrees 46 minutes 00 seconds West for a distance of
272.00 feet along the centerline of N.Y.S. Route 13 to a point;
  Thence South 68 degrees 00 minutes 00 seconds West for a  distance  of
1213.00 feet along the centerline of N.Y.S. Route 13 to a point;
  Thence  South  69 degrees 26 minutes 00 seconds West for a distance of
707.00 feet to the point and place of beginning, containing 101.73 acres
of land, more or less.
  Together with and subject to covenants, easements, and restrictions of
record.
  S 5. The parklands identified in  section  three  of  this  act  shall
continue  to  be used as parkland until the replacement lands identified
in section four of this act have  developed  park  facilities  open  for
public use.
  S  6.  In  the  event  that  the lands to be acquired, as described in
section four of this act, are not equal to or  greater  in  fair  market
value  than  the lands being alienated, as described in section three of
this act, the town of Cortlandville 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 7. 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

S. 7276--B                          4

the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
  S 8. This act shall take effect immediately.

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