senate Bill S7531

Signed By Governor
2011-2012 Legislative Session

Authorizes the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland

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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
Aug 01, 2012 signed chap.356
Jul 20, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.550
substituted for a10526
Jun 18, 2012 referred to ways and means
delivered to assembly
passed senate
home rule request
ordered to third reading cal.1289
committee discharged and committed to rules
May 31, 2012 referred to local government

Votes

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S7531 - Bill Details

See Assembly Version of this Bill:
A10526
Law Section:
Real Property

S7531 - Bill Texts

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Authorizes the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland.

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BILL NUMBER:S7531

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

PURPOSE OR GENERAL IDEA OF BILL:
To authorize the Town of Amherst, located in Erie County, to discontinue
the use of certain lands as parkland.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1- authorizes the Town of Amherst to discontinue as parklands
certain land as described in Section 3 of this act in exchange for the
land described in Section 4 of this act.

Section 2- makes authorization to discontinue effective only upon dedi-
cation of lands described in section 4 as parklands.

Section 3- describes the lands to be discontinued as parklands.

Section 4- describes the lands to be dedicated as parklands.

Section 5- provides that in the event replacement lands are not equal to
lands being replaced, the Town of Amherst will dedicate the difference
in fair market value in order to acquire additional parklands and/or for
improvements to the existing park and recreational facilities.

Section 6- provides that discontinuance shall not occur until the Town
of Amherst has complied with any Federal requirements.

Section 7- provides that the act shall take effect immediately.

JUSTIFICATION:
On June 22, 2006, the Town of Amherst took title to the former Calvary
Evangelical Lutheran Church; a 1.17-acre parcel of land at 4110 Bailey
Avenue, that was occupied by an 11,000 square foot church building and
associated parking lot, with no outdoor recreation facilities located on
site. On April 16, 2007 the Town Board designated the acreage as a
public park and playground. This acreage is currently being used as the
"Eggertsville Community Center" and, as the parcel of land is completely
developed and provides room for no outdoor recreation facilities, the
Town would like to remove the "parkland" designation and offers up a
substitute parcel of land. While the .62 acre parcel of land, at 4743
Harlem Road in the Town of Amherst, is smaller than the land being
alienated, it is adjacent to Fetto Park, which would increase the size
of the park to 2.89 acres, and has greater outdoor recreational value.
Upon adding this acreage to the existing, the current development plans
for the entire site will be reassessed to determine future use of the
additional acreage.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

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
________________________________________________________________________

                                  7531

                            I N  S E N A T E

                              May 31, 2012
                               ___________

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

AN ACT authorizing the town of Amherst, county of Erie 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 Amherst, county of Erie, is hereby authorized
to discontinue as parklands, alienate and convey the lands described  in
section three of this act.
  S 2. The authorization contained in section one of this act shall only
be effective on the condition that the town of Amherst acquire and dedi-
cate  as parklands the lands described in section four of this act, such
land to be used for park purposes.
  S 3. The lands to be  discontinued  as  parklands  and  alienated  and
conveyed are described as follows:
  ALL  THAT  TRACT  OR  PARCEL  OF LAND, situate in the Town of Amherst,
County of Erie and State of New York, being part of Lot Number 20, Town-
ship 12, Range 7 of the Holland Land Company's Survey and being Subdivi-
sion Lots Numbers 46 to 60 inclusive in Block "J" as shown on map  filed
in  Erie  County  Clerk's Office under Cover Number 419 and more partic-
ularly described as follows:
  BEGINNING at the northwest corner of the intersection of the  westerly
line  of  Bailey  Avenue,  C.R.  152 a 66 ft. wide right-of-way with the
northerly line of Oxford Street formerly Marilla Street a  50  ft.  wide
right-of-way.
  THENCE  northerly  along  the  westerly line of Bailey Avenue a 66 ft.
wide right-of-way a distance of 450.0 feet to a point;
  THENCE westerly and at a right angle to the westerly  line  of  Bailey
Avenue  also  being  parallel  to  the northerly line of Oxford Street a
distance of 112.0 feet to a point;
  THENCE southerly and at a right angle to  the  last  described  course
also  being parallel to the westerly line of Bailey Avenue a distance of
450.0 feet to a point;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16090-01-2

S. 7531                             2

  THENCE easterly and at a right angle to the last described course also
being along the northerly line of Oxford Street a 50 ft. wide  right-of-
way a distance of 112.0 ft. to the point or place of beginning.
  EXCEPTING  THEREFROM  lands  appropriated by the State of New York for
highway purposes by Notice of Appropriation dated  March  23,  1999  and
recorded  March  23,  1999  in  Liber 10948 of Deeds at page 8294, being
Parcel 9, Map 9, Project C.T. 152, Bailey Avenue.
  Having an area of 1.17 acres more or less
  S 4. The replacement lands to be acquired and dedicated by the town of
Amherst, county of Erie to use as parkland for public park purposes  are
described as follows:
  ALL THAT TRACT OR PARCEL OF LAND situate in the town of Amherst, coun-
ty of Erie and state of New York, being part of Lot No. 13, Township 12,
Range  7  of the Holland Lane Company's Survey, bounded and described as
follows:
  BEGINNING at a point in the south line of lands conveyed to Vincent N.
Bridenbaker and Jean E. Brindenbaker, his wife, by deed recorded in Erie
County Clerk's Office in Liber 4018 of Deeds at  page  487  at  a  point
therein  205.72  feet east of the west line of Lot No. 13, said point of
beginning being also the northeast corner of lands conveyed to  Anderson
Williams  and  Roberta  M.  Williams, his wife, by deed recorded in Erie
County Clerk's Office in Liber 7510 of Deeds at Page 397;
  THENCE easterly along the south line of lands so conveyed  to  Vincent
N.  Brindenbaker and wife by deed aforesaid 445.56 feet to the east line
of  lands  conveyed  to George Binner and Emma Binner, his wife, by deed
recorded in Erie County Clerk's Office in Liber 986  of  Deeds  at  Page
562;
  THENCE  southerly  along  the east line of lands so conveyed to George
Binner and wife 69.74 feet to  the  north  line  of  lands  conveyed  to
Vincent  Fetto  by  deed recorded in Erie County Clerk's Office in Liber
6111 of deeds at Page 543;
  THENCE westerly along the north line of lands so conveyed  to  Vincent
Fetto  445.46 feet to the southeast corner of lands conveyed to Anderson
Williams and wife by deed aforesaid; and
  THENCE northerly along the east line of lands so conveyed to  Anderson
Williams  and  wife  by deed aforesaid 65.43 feet to the point of begin-
ning; and is further described on Erie County Tax Maps as Section, Block
and Lot No. 68.130-4-24.
  Having an area of 28,254.89 square feet or .66 acres more or less
  S 5. In the event that the lands  to  be  acquired,  as  described  in
section  four of this act, are not equal or greater in fair market value
than the lands being alienated, as described in section  three  of  this
act,  the  town  of  Amherst  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  6. If the land that is the subject of this legislation has received
funding pursuant to the federal land and water  conservation  fund,  the
discontinuance  of parklands authorized by the provisions of this legis-
lation shall not occur until the  municipality  has  complied  with  the
federal  requirements pertaining to the conversion of parklands, includ-
ing satisfying the secretary of the  interior  that  the  discontinuance
will  include  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
discontinued.
  S 7. This act shall take effect immediately.

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