Senate Bill S7903A

Signed By Governor

2009-2010 Legislative Session

Authorizes the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland

download bill text pdf

Archive: Last Bill Status Via A11179 - Signed by Governor

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.450
Aug 18, 2010	delivered to governor
Jun 25, 2010	returned to assembly passed senate home rule request 3rd reading cal.926 substituted for s7903a
Jun 25, 2010	substituted by a11179a
Jun 14, 2010	advanced to third reading amended (t) 7903a
Jun 10, 2010	2nd report cal.
Jun 09, 2010	1st report cal.926
May 20, 2010	referred to local government

Votes

- Jun 25, 2010 - Floor Vote
  A11179
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 25, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 9, 2010 - Local Government Committee Vote
  S7903A
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Local Government Committee Vote: Jun 9, 2010
      
      aye (5)
      
      Bonacic
      
      Johnson
      
      Little
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Oppenheimer
      
      Thompson
      
      excused (1)
      
      Morahan

Bill Amendments

2009-S7903 - Details

See Assembly Version of this Bill:: A11179
Law Section:: Parks

2009-S7903 - Summary

Authorizes the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland.

2009-S7903 - Sponsor Memo

                                 BILL NUMBER:  S7903

 TITLE OF BILL :
An act to authorize the town of Canandaigua, county of Ontario to
discontinue the use of certain town lands as parkland and to sell and
convey such lands


 PURPOSE :
Allows the Town of Canandaigua to discontinue and either sell at fair
market value or exchange municipally owned parklands which are no
longer needed for park purposes.

 SUMMARY OF PROVISIONS :
Section 1 authorizes the Town of Canandaigua, located in the County of
Ontario, to discontinue the use of municipally owned parklands
described in Section 2; to sell and convey them at fair market value;
or in exchange dedicate new parkland as described in Section 3 or make
improvements to existing park and recreational facilities as necessary
to equal fair market value.

Section 2 describes the parcels of land which are authorized by this
act to be discontinued.

Section 3 describes the replacement land to be dedicated as new park
land.

Section 4 requires the Town of Canandaigua to dedicate additional town
owned land and/or cause funds to be made available for capital
improvements to existing park and recreational facilities equal to the
fair market value and/or usefulness of the lands to be alienated in
the event that the lands dedicated are not of equal to twice the size
or greater than the fair market value of the parklands that are to be
discontinued by this act.

Section 5 requires the Town of Canandaigua to be in full compliance
with any federal or state requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the
Interior that such conversion complies with conditions that would
allow for the substitution of other lands that hold an equivalent fair
market value.

Section 6 is the effective date.

 JUSTIFICATION :
The Town of Canandaigua in 2002 obtained 34.871 acres which was
dedicated for parkland.  However approximately 13 acres has been and
continues to be used for non park purposes, including a right of way
for a road that provides access to the park and recently constructed
pump house for the Town of Canandaigua's public water system. The Town
has been awarded a 2006 Environmental Protection Fund grant in order
to improve the park, but the grant cannot be received until the
outstanding non-park purposes problem is resolved. In order to address
issue the Town has identified 13 acres of town owned land, which is
currently being farmed directly adjacent to the current parklands. The
town proposes to dedicate this land for park purposes and formally
discontinue those portions of the current parklands which constitute a
non-conforming use of park lands. However, such an action would
require authorization at the State level due to the property's
location on a parcel of parkland.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.
 EFFECTIVE DATE :
Immediately.

2009-S7903 - Bill Text download pdf

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

                                  7903

                            I N  S E N A T E

                              May 20, 2010
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize the  town  of  Canandaigua,  county  of  Ontario  to
  discontinue  the use of certain town lands as parkland and to sell and
  convey such lands

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

  Section  1.  The town of Canandaigua, Ontario county is hereby author-
ized to discontinue as parklands and alienate, sell and convey the lands
described in section two of this  act  for  fair  market  value  and  in
exchange  therefor,  dedicate  as  parklands  new  land  as described in
section three of this act or make  improvements  to  existing  park  and
recreational facilities, as necessary, to equal such fair market value.
  S 2. The lands to be discontinued as parklands and alienated, sold and
conveyed are described as follows:
  All  that  tract or parcel of land located in the Town of Canandaigua,
County of Ontario, and being more particularly described as follows:
  BEGINNING at a point in the north line  of  Buffalo  street  extension
said  point being located 254.85 feet westerly from the west line of the
city of Canandaigua;
  Thence South 62 48'44"West in the north line of Buffalo street  exten-
sion a distance of 116.70 feet to a point;
  Thence in the west line of Outhouse road the following calls:
  North 27 24'00"West a distance of 300.00 feet to a point
  Along a curve to the left with an arc radius of 500.00 feet a distance
of 335.00 feet to a point
  Along  a  curve  to  the  right  with  an  arc radius of 750.00 feet a
distance of 502.50 feet to a point
  North 27 24'00"West a distance of 610.98 feet to a point
  Along a curve to the right with  an  arc  radius  of  2331.52  feet  a
distance of 985.56 feet to an iron pin
  North  03 11'30"West a distance of 234.57 feet to a point in the south
line of County road 30
  Thence in the south line of County road 30 the following calls:

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

                                                           LBD17413-01-0

S. 7903                             2

  South 78 37'43"East a distance of 51.66 feet to a point
  North 79 24'24"East a distance of 100.84 feet to a point
  North 86 48'29"East a distance of 228.45 feet to a point
  Thence  South  27  24'01"East in the west line of lands of the city of
Canandaigua as filed in the Ontario county clerk's office in  liber  881
of deeds at page 909 a distance of 561.90 feet to a point;
  Thence through lands of Outhouse Park the following calls:
  South 85 22'21"West a distance of 505.88 feet to a point
  South 10 57'43"East a distance of 141.98 feet to a point
  South 20 31'32"East a distance of 295.83 feet to a point
  South 30 15'01"East a distance of 889.50 feet to a point
  South 51 43'30"East a distance of 260.34 feet to a point
  South 60 38'33"East a distance of 236.49 feet to a point
  South  27  31'25"East a distance of 583.50 feet to the POINT AND PLACE
OF BEGINNING
  S 3. The replacement lands to be dedicated by the town of  Canandaigua
to  use  as parkland for public park purposes are located in the town of
Canandaigua, county of Ontario are particularly described as follows:
  All that tract or parcel of land located in the town  of  Canandaigua,
County of Ontario, and being more particularly described as follows:
  BEGINNING  at  an iron pin in the west line of Outhouse road, said pin
being located 981.62 feet southerly from the south line of  County  road
30
  Thence  in  the  west  line of Outhouse road along a curve to the left
with an arc radius of 2331.52 a distance of 51.74 feet to a point
  Thence through lands of the town of Canandaigua the following calls:
  Along a curve to the right  with  an  arc  radius  of  460.00  feet  a
distance of 319.40 feet to a point
  South 33 40' 13" West a distance of 206.43 feet to a point
  Along  a  curve  to  the  right  with  an arc radius of 1460.00 feet a
distance of 455.26 feet to a point
  South 51 32' 10" West a distance of 463.54 feet to a point
  North 27 13' 57" West a distance of 621.55 feet to a point
  Thence North 62 10' 28" East in the north line of lands of the town of
Canandaigua a distance of 1270.70 feet to the POINT AND PLACE OF  BEGIN-
NING
  S  4. In the event that the replacement city parklands to be dedicated
in section three of this act are not equal to  twice  the  size  of  the
lands to be alienated in section two of this act, or are not equal to or
greater  than  the  fair  market  value  of the lands to be alienated in
section two of this act, the town of Canandaigua  shall  dedicate  addi-
tional  town-owned  lands  for  parkland  and/or  cause funds to be made
available for capital improvements to its existing park and recreational
facilities, as necessary, to equal such fair market value.
  S 5. The discontinuance and conveyance of parkland authorized  by  the
provisions of this act shall not occur until the town of Canandaigua has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the Inte-
rior that the conversion complies with all conditions which  the  Secre-
tary of the Interior deems necessary to assure the substitution of other
lands  shall be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 6. This act shall take effect immediately.

2009-S7903A (ACTIVE) - Details

See Assembly Version of this Bill:: A11179
Law Section:: Parks

2009-S7903A (ACTIVE) - Summary

Authorizes the town of Canandaigua, county of Ontario to discontinue the use of certain town lands as parkland.

2009-S7903A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7903A

TITLE OF BILL:
An act to authorize the town of Canandaigua, county of Ontario to
discontinue the use of certain town lands as parkland

PURPOSE:
Allows the Town of Canandaigua to discontinue and either sell at fair
market value or exchange municipally owned parklands which are no
longer needed for park purposes.

SUMMARY OF PROVISIONS:
Section 1 authorizes the Town of Canandaigua, located in the County of
Ontario, to discontinue the use of municipally owned parklands
described in Section 2; to sell and convey them at fair market value;
or in exchange dedicate new parkland as described in Section 3 or make
improvements to existing park and recreational facilities as necessary
to equal fair market value.

Section 2 describes the parcels of land which are authorized by this
act to be discontinued.

Section 3 describes the replacement land to be dedicated as new park
land.

Section 4 requires the Town of Canandaigua to dedicate additional town

owned land and/or cause funds to be made available for capital
improvements to existing park and recreational facilities equal to the
fair market value and/or usefulness of the lands to be alienated in
the event that the lands dedicated are not of equal to twice the size
or greater than the fair market value of the parklands that are to be
discontinued by this act.

Section 5 requires the Town of Canandaigua to be in full compliance
with any federal or state requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the
Interior that such conversion complies with conditions that would
allow for the substitution of other lands that hold an equivalent fair
market value.

Section 6 is the effective date.

JUSTIFICATION:
The Town of Canandaigua in 2002 obtained 34.871 acres which was
dedicated for parkland.  However approximately 13 acres has been and
continues to be used for non park purposes, including a right of way
for a road that provides access to the park and recently constructed
pump house for the Town of Canandaigua's public water system. The Town
has been awarded a 2006 Environmental Protection Fund grant in order
to improve the park, but the grant cannot be received until the
outstanding non-park purposes problem is resolved. In order to address
issue the Town has identified 13 acres of town owned land, which is
currently being farmed directly adjacent to the current parklands. The
town proposes to dedicate this land for park purposes and formally
discontinue those portions of the current parklands which constitute a
non-conforming use of park lands. However, such an action would


require authorization at the State level due to the property's
location on a parcel of parkland.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

2009-S7903A (ACTIVE) - Bill Text download pdf

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

                                 7903--A
    Cal. No. 926

                            I N  S E N A T E

                              May 20, 2010
                               ___________

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

AN ACT to authorize the  town  of  Canandaigua,  county  of  Ontario  to
  discontinue the use of certain town lands as parkland

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

  Section 1. The town of Canandaigua, Ontario county is  hereby  author-
ized  to  permanently  discontinue  as  parklands and convert the use of
lands described in section three of this act to  general  town  purposes
including,  but  not limited to, the erection and maintenance of a water
pump station, right of way and roadway.
  S 2. The authorization provided for in section one of this  act  shall
take  effect  only on the condition that the town of Canandaigua acquire
and dedicate as parklands new land of equal or greater fair market value
as described in section four of this act.
  S 3. The lands to be discontinued as parklands and converted to gener-
al town purposes are described as follows:
  All that tract or parcel of land located in the Town  of  Canandaigua,
County of Ontario, and being more particularly described as follows:
  BEGINNING  at  a  point  in the north line of Buffalo street extension
said point being located 254.85 feet westerly from the west line of  the
city of Canandaigua;
  Thence  South 62 48'44"West in the north line of Buffalo street exten-
sion a distance of 116.70 feet to a point;
  Thence in the west line of Outhouse road the following calls:
  North 27 24'00"West a distance of 300.00 feet to a point
  Along a curve to the left with an arc radius of 500.00 feet a distance
of 335.00 feet to a point
  Along a curve to the right  with  an  arc  radius  of  750.00  feet  a
distance of 502.50 feet to a point
  North 27 24'00"West a distance of 610.98 feet to a point
  Along  a  curve  to  the  right  with  an arc radius of 2331.52 feet a

distance of 985.56 feet to an iron pin

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17413-03-0

S. 7903--A                          2

  North 03 11'30"West a distance of 234.57 feet to a point in the  south
line of County road 30
  Thence in the south line of County road 30 the following calls:
  South 78 37'43"East a distance of 51.66 feet to a point
  North 79 24'24"East a distance of 100.84 feet to a point
  North 86 48'29"East a distance of 228.45 feet to a point
  Thence  South  27  24'01"East in the west line of lands of the city of
Canandaigua as filed in the Ontario county clerk's office in  liber  881
of deeds at page 909 a distance of 561.90 feet to a point;
  Thence through lands of Outhouse Park the following calls:
  South 85 22'21"West a distance of 505.88 feet to a point
  South 10 57'43"East a distance of 141.98 feet to a point
  South 20 31'32"East a distance of 295.83 feet to a point
  South 30 15'01"East a distance of 889.50 feet to a point
  South 51 43'30"East a distance of 260.34 feet to a point
  South 60 38'33"East a distance of 236.49 feet to a point
  South  27  31'25"East a distance of 583.50 feet to the POINT AND PLACE
OF BEGINNING, CONTAINING 12.957 acres more or less.
  S 4. The replacement lands to be acquired and dedicated by the town of
Canandaigua to use as parkland for public park purposes are  located  in
the town of Canandaigua, county of Ontario are particularly described as
follows:
  All  that  tract or parcel of land located in the town of Canandaigua,
County of Ontario, and being more particularly described as follows:
  BEGINNING at an iron pin in the west line of Outhouse road,  said  pin
being  located  981.62 feet southerly from the south line of County road
30
  Thence in the west line of Outhouse road along a  curve  to  the  left
with an arc radius of 2331.52 a distance of 51.74 feet to a point
  Thence through lands of the town of Canandaigua the following calls:
  Along  a  curve  to  the  right  with  an  arc radius of 460.00 feet a
distance of 319.40 feet to a point
  South 33 40' 13" West a distance of 206.43 feet to a point
  Along a curve to the right with  an  arc  radius  of  1460.00  feet  a
distance of 455.26 feet to a point
  South 51 32' 10" West a distance of 463.54 feet to a point
  North 27 13' 57" West a distance of 621.55 feet to a point
  Thence North 62 10' 28" East in the north line of lands of the town of
Canandaigua  a distance of 1270.70 feet to the POINT AND PLACE OF BEGIN-
NING, CONTAINING 12.975 acres, more or less.
  S 5. In the event that  the  replacement  lands  to  be  dedicated  in
section  four  of this act are not of equal or greater fair market value
to the lands to be alienated in section three of this act, the  town  of
Canandaigua  shall  acquire  and  dedicate additional lands for parkland
and/or make capital improvements to its existing park  and  recreational
facilities,  as  necessary,  to equal the difference of such fair market
value.
  S 6. The discontinuance and conveyance of parkland authorized  by  the
provisions of this act shall not occur until the town of Canandaigua has
complied  with  any federal requirements pertaining to the alienation or
conversion of parklands, including satisfying the Secretary of the Inte-
rior that the conversion complies with all conditions which  the  Secre-
tary of the Interior deems necessary to assure the substitution of other
lands  shall be equivalent in fair market value and recreational useful-
ness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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Senate Bill S7903A

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A11179 - Signed by Governor

Actions

Votes

Jun 25, 2010 - Floor Vote

Floor Vote: Jun 25, 2010

Jun 9, 2010 - Local Government Committee Vote

Local Government Committee Vote: Jun 9, 2010

Bill Amendments

2009-S7903 - Details

2009-S7903 - Summary

2009-S7903 - Sponsor Memo

2009-S7903 - Bill Text download pdf

2009-S7903A (ACTIVE) - Details

2009-S7903A (ACTIVE) - Summary

2009-S7903A (ACTIVE) - Sponsor Memo

2009-S7903A (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2009-S7903A

Senate Bill S7903A

Signed By Governor

Share this bill

Sponsored By

Dale M. Volker

Archive: Last Bill Status Via A11179 - Signed by Governor

Actions

Votes

Bill Amendments

2009-S7903 - Details

2009-S7903 - Summary

2009-S7903 - Sponsor Memo

2009-S7903 - Bill Text download pdf

2009-S7903A (ACTIVE) - Details

2009-S7903A (ACTIVE) - Summary

2009-S7903A (ACTIVE) - Sponsor Memo

2009-S7903A (ACTIVE) - Bill Text download pdf

Comments