NY State Senate Bill 2021-S9176

Senate Bill S9176

2021-2022 Legislative Session

Authorizes the town of Webster, county of Monroe to alienate certain lands used as parkland by the Candlewood Park District and to dedicate certain other lands as parkland

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to cultural affairs, tourism, parks and recreation

2021-S9176 (ACTIVE) - Details

See Assembly Version of this Bill:: A10238
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks

2021-S9176 (ACTIVE) - Summary

Authorizes the town of Webster, county of Monroe, to alienate certain lands used as parkland by the Candlewood Park District and to dedicate certain other lands as parkland for use by the Bear Creek park district.

2021-S9176 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9176

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to authorizing the town of Webster, county of Monroe,
to alienate certain lands used as parkland by the Candlewood Park
District and to dedicate certain other lands as parklands for use by the
Bear Creek Park District

 
PURPOSE:

Authorizes the town of Webster, county of Monroe, to alienate certain
lands used as parkland by the Candlewood Park District and to dedicate
certain other lands as parkland.

 
SUMMARY OF PROVISIONS:

Section 1 states that the town of Webster, located in the county of
Monroe, is hereby authorized to discontinue as parklands and alienate
the lands as more particularly described in section three of this act
from the Candlewood Park District to create a new park district.\

Section 2 provides that the authorization of section one of this act
shall be effective only upon the condition that the town of Webster to
acquire and dedicate the lands described in section three of this act as
parklands.

Section 3 describes the parklands to be alienated as parklands.

Section 4 regards the fair market value of the parklands.

Section 5 regards funding support or assistance from the federal govern-
ment and compliance with any federal requirements pertaining to the
alienation.

Section 6 is the effective date.

 
JUSTIFICATION:

Currently, there are 123 parcels in "Candlewood Park District" in the
Town of Webster, 10 of which are separated geographically separated from
the others. This bill will allow the Town of Webster to separate these
10 parcels into a new park district.

Candlewood Park District was created in 2004 for the use and enjoyment
of the owners of the 123 included parcels. However, 10 of the 123
parcels are on a street called Bear Creek Circle, which is separated
from the other street in the Candlewood Park District. The overwhelming
majority of the owners of these 10 parcels petitioned the Town of
Webster to be separated from Candlewood Park District as they receive
little or no benefit from their inclusion therein. This bill will sepa-
rate these 10 parcels located on Bear Creek Circle from the Candlewood
Park District and place them into the newly created Bear Creek Park
District.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9176 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9176
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 AN ACT in relation to authorizing the town of Webster, county of Monroe,
   to alienate certain lands used as  parkland  by  the  Candlewood  Park
   District  and  to dedicate certain other lands as parklands for use by
   the Bear Creek Park District
 
   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 Webster,
 located  in  the  county  of Monroe, acting by and through its governing
 body and upon such terms and conditions as determined by such  body,  is
 hereby  authorized  to  discontinue as parklands, alienate the lands and
 divide from the Candlewood park district more particularly described  in
 section  three  of  this act, creating a new park district consisting of
 2.33 acres of land on Bear Creek Circle and designate  and  convey  such
 land to the Bear Creek park district.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the town of Webster  acquire  and
 dedicate the lands described in section three of this act as parklands.
   §  3. The parklands authorized by section one of this act to be alien-
 ated as parklands are described as follows:
   All those tracts or parcels of land situated in the Town  of  Webster,
 County of Monroe, State of New York, being individually and more partic-
 ularly bounded and described as follows:
   Commencing  at  a  point on the southeast property corner of 1086 Bear
 Creek Circle having tax ID # 095.02-2-1, said point also being the  west
 Right  of  Way line of Harris Road; thence S 89° 49' 44" W a distance of
 564.45± feet along the Webster Penfield border to the southwest property
 corner of 1092 Bear Creek Circle, said point being the point  and  place
 of beginning; thence
   1.  S  89°  49'  44"  W continuing along the Webster Penfield border a
 distance of 300.00± feet to a point; thence
   2. N 48° 25' 48" E a distance of 314.68± feet to a point; thence
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15662-02-2
 S. 9176                             2
 
   3. N 19° 6' 32" E a distance of 233.34± feet to a point; thence
   4. N 15° 4' 7" E a distance of 93.49± feet to a point; thence
   5. S 76° 24' 33" E a distance of 162.54± feet to a point; thence
   6.  N  73° 15' 27" E a distance of 388.38± feet to a point on the west
 Right of Way line of Harris Road; thence
   7. S 0° 9' 9" W a distance of 150.00± feet  to  a  point,  said  point
 being the northeast property corner of 1087 Bear Creek Circle; thence
   8.  N  89° 50' 51" W a distance of 404.43± feet to a point, said point
 being a northerly property corner of 1093 Bear Creek Circle; thence
   9. S 44° 43' 36" W a distance of 196.41± feet to a point,  said  point
 being a westerly property corner of 1095 Bear Creek Circle; thence
   10.  S  15° 36' 49" W a distance of 87.81± feet to a point, said point
 being the southwest property corner of 1095 Bear Creek Circle; thence
   11. S 0° 10' 16" E a distance of 219.32± feet along the west  property
 line of 1094 Bear Creek Circle to the point and place of beginning.
   §  4.  In  the  event  that  the  fair  market  value of the parklands
 described in section three of this act to be dedicated by  the  town  of
 Webster  pursuant  to this act are not equal to or greater than the fair
 market value of the parklands to be alienated as  described  in  section
 three  of this act, the town of Webster 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 additional parklands and/or capital
 improvements to existing park and recreational facilities.
   § 5. In the event that  the  town  of  Webster  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 this act shall not occur  until  the  town  of
 Webster  has  complied  with  any federal requirements pertaining to the
 alienation or conversion of parklands, including satisfying  the  secre-
 tary of the interior that the alienation or conversion 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 value
 and usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.

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