Assembly Bill A11202

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

                                  11202

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. HAWLEY -- read once and referred to the Committee
  on Local Governments

AN ACT in relation to authorizing the conveyance of certain parklands in
  the town of Hamlin in the county of Monroe to Sandy Creek Marina

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

  Section 1. Notwithstanding the provisions of  any  other  law  to  the
contrary,  the  commissioner  of  environmental  conservation  is hereby
authorized to enter into a contract, on behalf of and in the name of the
state, for the conveyance of fee title to a parcel of state park land in
the town of Hamlin, in the county of Monroe, as more fully described  in
section three of this act, to Sandy Creek Marina.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that  the  state  dedicate  an  amount
equal  to  or  greater  than the fair market value of the property being
alienated by this act for the acquisition of additional parklands and/or
for capital improvements to existing park and recreational facilities.
  S 3. The lands authorized by this act to be discontinued as  parklands
are as follows:
  All that tract or parcel of land situate in the town of Hamlin, Monroe
County, New York state and being bounded and described as follows:
  All  that  tract  or  parcel  of  land situated in part of Town Lot 7,
Section 10, Township 5, Town of Hamlin, County of Monroe, State  of  New
York and being more particularly described as follows:
  Beginning  at a point in the east right-of-way of Lake Road East Fork,
said point being the intersection of lands acquired by the State of  New
York and lands of Nancy Butcher;
  Thence  northerly  on  a bearing of N 26°43'02" E a distance of 492.64
feet to a point;
  Thence westerly on a bearing of N 65°26'38" W  a  distance  of  100.00
feet to a point;
  Thence  southerly  on  a bearing of S 15°09'53" W a distance of 498.98
feet to a point, said point being the true point and place of beginning

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17488-01-0
              

A. 11202                            2

  Subject to all covenants, easements and  restrictions  of  record,  if
any,  affecting  said  premises as recorded in the Monroe County Clerk's
office
  Being  and  hereby  intended to describe a parcel of land having 0.565
acres of land more or less, the same premises as shown on a map prepared
by Maier Land Surveying.
  S 4. In the event that the  state  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  authorized  by  the
provisions  of section three of this act shall not occur until the state
has complied with any federal requirements pertaining to the  alienation
or  conversion  of such parklands, including satisfying the secretary of
the interior that the alienation or conversion complies with all  condi-
tions  which the secretary of the interior deems necessary to assure the
substitution or improvement of other lands shall be equivalent  in  fair
market and usefulness to the lands being alienated or converted.
  S  5.  The  commissioner of environmental conservation shall prescribe
additional terms for the conveyance of lands as he or she  deems  neces-
sary.  Such  contracts  shall  not  become  binding upon the state until
approved by the director of the budget and the comptroller. Title to the
land to be conveyed to the state pursuant  to  the  provisions  of  such
contract  shall  be approved by the attorney general and the deed to the
state shall be approved by the attorney general as to form and manner of
execution before such deed shall be accepted on  behalf  of  the  state.
Notwithstanding  the  provisions of the public lands law, the conveyance
of the state owned lands, pursuant to such contract,  shall  be  without
reservation  or  exception except as provided for in such contract. Upon
certification by the commissioner of environmental conservation  to  the
commissioner  of  general services of a copy of the contract and certif-
ication that Sandy Creek Marina has complied with all terms  and  condi-
tions  of  the contract upon its part to be kept and performed, together
with a description of each of the parcels to be exchanged,  the  commis-
sioner  of general services shall convey all the right, title and inter-
est of the state in such land in accordance with the provisions  of  the
contract.
  S 6. This act shall take effect immediately.