senate Bill S3488

Signed By Governor
2011-2012 Legislative Session

Authorizes town of Webster, Monroe County, to discontinue the use of certain lands as parklands

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.194
Jul 08, 2011 delivered to governor
Jun 16, 2011 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.331
substituted for a6019
May 03, 2011 referred to local governments
delivered to assembly
passed senate
home rule request
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.338
Feb 23, 2011 referred to cultural affairs, tourism, parks and recreation

Votes

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Apr 12, 2011 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S3488
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Apr 12, 2011

excused (1)

S3488 - Bill Details

See Assembly Version of this Bill:
A6019
Law Section:
Parks
Versions Introduced in 2009-2010 Legislative Session:
S8108A, A11338A

S3488 - Bill Texts

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Authorizes town of Webster, Monroe County, to discontinue the use of certain lands as parklands.

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BILL NUMBER:S3488

TITLE OF BILL:
An act
to authorize the town of Webster, in the county of Monroe, to
discontinue the
use of certain lands as parklands

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize the town of
Webster to discontinue certain land as parklands; to sell and convey
the land for commercial purposes; and in exchange for the conveyance,
dedicate other land within the town - donated to the town and being
of an equal or greater fair market value than the land conveyed - as
additional parkland.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the town of
Webster to discontinue as parklands and alienate, sell and convey the
lands described in section three of this act for the purpose of
enabling an adjacent shopping plaza to expand and construct
additional parking and, in exchange for the conveyance, dedicate as
parklands the lands described in section four of this act.

Section 2 sets forth the condition that the lands described in section
four of this act must be of equal or greater fair market value than
the lands being alienated, and that the lands described in section
four must be donated to the town of Webster and must be dedicated as
additional parklands.

Section 3 defines the land to be alienated, sold and conveyed, as set
forth in section one of this act.

Section 4 defines the land to be donated to and dedicated by the town
of Webster as parkland.

Section 5 states that in the event that the replacement parklands to
be dedicated by the town of Webster are not of equal or greater fair
market value and usefulness as parklands than the parklands to be
discontinued, the town of Webster shall dedicate the difference of
fair market value and/or usefulness 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.

Section 6 states that the discontinuance and conveyance of parklands
authorized 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 secretary 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 recreational usefulness to the
lands being alienated or converted.

Section 7 sets the effective date.

JUSTIFICATION:
This legislation is the result of a home rule request
by the town of Webster, which would like to exchange 1.325 acres of
isolated parkland adjacent to a shopping plaza to gain 2.65 acres of
land adjacent to existing parkland, allowing it to expand a more
usable park.

The 1.325 acres of Webster Park Land was given to the town years ago
by the state as surplus land after the Route 104 project was
complete, and is adjacent to an existing shopping plaza. At the
current time, the town has an easement on private property behind the
plaza, which is used as an entrance to the town hall. The plaza owner
has requested that the easement be rescinded so that he can enlarge
the plaza with more tenants - which will require more parking spaces
thus resulting in more economic development for the town - and that
he be allowed to purchase the 1.325 acres for the required parking
spaces.

In return for the 1.325 acres of park land, the plaza owner will build
the town a new access road for the town hall, and will purchase 2.65
acres of land next to an existing town park, which will enhance the
park surrounding the town's new baseball stadium and will provide
more usable park space for use by town residents.

The town views this as a means to enhance its tax base, create more
employment opportunities and expand its usable park space.

PRIOR LEGISLATIVE HISTORY:
S.8108 of 2009/2010

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No fiscal impact
to the state. As part of the exchange, the town of Webster will
receive land of an equal or greater value than that which they are
selling, and as a result, will benefit economically from the exchange.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3488

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to authorize the town of Webster, in the  county  of  Monroe,  to
  discontinue the use of certain lands as parklands

  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,
in the county of Monroe, acting by and through its town board, is hereby
authorized to discontinue as parklands and alienate, sell and convey the
lands described in section three of this act.
  S 2. The authorization granted in section one of this act  shall  take
effect  upon  the  condition that the lands described in section four of
this act to be acquired and dedicated as parkland by the town of Webster
are of equal or greater fair market value than the fair market value  of
the lands being alienated by this act.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands are located on Hard road in the town of Webster, Monroe
county; comprise a total of 1.325 acres more or less; are identified  as
part  of  Monroe  county  tax  map  #79.11-01-0;  and  are  particularly
described as follows:
  All that tract or parcel of land situate in part of Town Lot 47,  Town
of  Webster, County of Monroe, State of New York, and being more partic-
ularly bounded and described as follows:
  Commencing at the intersection of the northerly bounds of  Ridge  Road
East  - New York State Route 404 (66' R.O.W.) and the easterly bounds of
Hard Road (66' R.O.W.); thence
  A. N00°46'55"E, along said easterly bounds of Hard Road, a distance of
698.15 feet to a point; thence
  B. N04°56'00"E, along said easterly bounds of Hard Road, a distance of
436.03 feet to the point and place of beginning, said point and place of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01254-01-1

S. 3488                             2

beginning being on the common line between lands now or  formerly  owned
by  GBR  Webster  Limited  Liability Company (T.A. #79. 15-01-03) to the
south and lands now or formerly owned  by  the  Town  of  Webster  (T.A.
#79.11-01-10) to the north; thence
  1.  N04°56'00"E along said easterly bounds of Hard Road, a distance of
190.53 feet to a point; thence
  2. S84°57'39"E, a distance of 238.70 feet to a point; thence
  3. Along a curve to the right having a delta  angle  of  90°00'00",  a
radius  of  70.00  feet,  and an arc distance of 109.96 feet, said curve
also having a chord of S39°57'39"E 98.99 feet to a point; thence
  4. S05°02'21"W, a distance of 120.53 feet to a point; thence
  5. N84°57'39"W, a distance of 308.34 feet to the point  and  place  of
beginning. Containing 1.325 acres of land, more or less.
  S 4. The replacement lands to be acquired and dedicated by the town of
Webster  as parkland for public park purposes are located in the town of
Webster, Monroe county; comprise a total of 2.650 acres  more  or  less;
are  identified  as  part  of  Monroe  tax  map #66.30-01-6.002; and are
particularly described as follows:
  All that tract or parcel of land situate in the Town of Webster, Coun-
ty of Monroe, State of New York, all as shown on a map entitled "Boulter
Industrial Park Lot 3, Subdivision Map", prepared by  Costich  Engineer-
ing,  P.C., having Drawing No. 1755 VS100, dated 1/21/2010, last revised
3/3/2010, map to be filed in the Monroe County Clerk's Office and  being
more particularly bounded and described as follows:
  Commencing  at the northwesterly corner of Boulter Industrial Parkway,
as shown on "Boulter Industrial Park Lot 4, Subdivision Map" prepared by
Costich Engineering, P.C. and  filed  with  the  Monroe  County  Clerk's
Office in Liber 303 of Maps, Page 20; thence
  A. N01°36'31"W, a distance of 6.00 feet to a point; thence
  B. S88°23'29"W, a distance of 25.00 feet to a point; thence
  C.  Along  a  non-tangent  curve  to  the left having a delta angle of
42°57'41", a radius of 236.00 feet, and an arc length  of  176.96  feet,
said  curve  also  having a chord of S66°54'48"W 172.84 feet to a point;
thence
  D. Southwesterly along a curve to the left having  a  delta  angle  of
09°13'23",  a  radius  of  235.97 feet, and an arc length of 37.98 feet,
said curve also having a chord of S40°48'46"W 37.94  feet  to  a  point;
thence
  E. Southwesterly along a non-tangent curve to the right having a delta
angle of 53°08'37", a radius of 270.00 feet, and an arc length of 250.43
feet,  said  curve  also  having a chord of S62°46'41"W 241.55 feet to a
point; thence
  F. S89°20'59"W, a distance of 222.02 feet to the point  and  place  of
beginning; thence
  1. S89°20'59"W, a distance of 200.00 feet to a point; thence
  2. N00°39'02"W, a distance of 577.25 feet to a point; thence
  3. N89°20'59"E, a distance of 200.00 feet to a point; thence
  4.  S00°39'02"E,  a  distance of 577.25 feet to the point and place of
beginning. Containing 2.650 acres of land, more or less.
  S 5. In the event that the replacement parklands to  be  acquired  and
dedicated  by  the town of Webster pursuant to this act are not of equal
or greater fair market value than the parklands to be discontinued,  the
town  of  Webster  shall dedicate the difference of fair market value of
the lands to be alienated and the lands to be dedicated for the acquisi-
tion of additional parklands and/or  capital  improvements  to  existing
park and recreational facilities.

S. 3488                             3

  S  6. The discontinuance and conveyance of parklands authorized 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 secretary of the inte-
rior  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
recreational usefulness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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