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

    S. 4267--A                                            A. 6724--A
    Cal. No. 674

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 25, 2011
                               ___________

IN  SENATE -- Introduced by Sen. O'MARA -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Cultural
  Affairs, Tourism, Parks and Recreation -- reported favorably from said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

IN  ASSEMBLY  -- Introduced by M. of A. FRIEND -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to authorize the county of Schuyler to convey  to  Seneca  Harbor
  Place,  LLC,  an  easement through land located in the county's Seneca
  Harbor Park

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

  Section  1.  The  county of Schuyler, acting by and through its county
legislature, is hereby authorized to convey by  appropriate  instruments
to Dorothy and Henry F. Lembeck IV, an easement located in Seneca Harbor
Park  and  described  in  section  three of this act, for the purpose of
enabling access to lakefront development.
  S 2. The authorization provided in section one of this  act  shall  be
effective  only  upon  the condition that the county of Schuyler acquire
and dedicate as parkland the lands described in  section  four  of  this
act.  In  the event that the land to be dedicated is less in fair market
value to the easement being  granted,  the  county  shall  dedicate  the
difference  to  either  the  acquisition of new parklands and/or capital
improvements to existing park and recreational facilities.
  S 3. The easement to be conveyed by the county of Schuyler pursuant to
section one of this act is described as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09718-04-1
              

S. 4267--A                          2                         A. 6724--A

  ALL THAT TRACT OR PARCEL OF LAND situate in  the  Village  of  Watkins
Glen, County of Schuyler and State of New York, bounded and described as
follows:
  Beginning  at  a  point  at  the  southeasterly corner of lands now or
formerly owned by County of Schuyler (L. 266, P. 210), said  point  also
described as being the northeasterly corner of Porter Street;
  Thence  N87°02'02"W,  along the dividing line between Porter Street on
the south and the aforesaid lands of County of Schuyler on the north,  a
distance of 65.99 feet to a point;
  Thence;  N31°49'51"E,  through lands of County of Schuyler, a distance
of 140.32 feet to a point on the easterly boundary of lands of County of
Schuyler;
  Thence S03°46'57"W, along said easterly boundary of lands of County of
Schuyler, a distance of 122.90 feet to the point of beginning;  contain-
ing 0.093 acre or 4.054 square feet, more or less.
  S  4.  The land to be dedicated as parkland pursuant to section two of
this act is described as follows:
  ALL that tract or parcel of land situate in Town  of  Dix,  County  of
Schuyler  and  State  of  New  York  being more particularly bounded and
described as follows: Beginning at a Point located along  the  Southerly
shore  of Seneca Lake, said point being a North-easterly corner of lands
now or formerly of the County of Schuyler  (Liber  377  of  Deeds,  page
298),  and  a  North-westerly  corner  of  lands  now or formerly of the
Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
  1.) South 02 degrees 36 minutes 13 seconds West along a division  line
between  said  lands  of the County of Schuyler to the West and lands of
the Village of Watkins Glen to the East for a distance of 11.25 feet  to
a point; Thence
  2.)  South 73 degrees 38 minutes 23 seconds West through said lands of
the County of Schuyler for a distance of 13.83 feet to a point; Thence
  3.) North 02 degrees 36 minutes 13  seconds  East  continuing  through
said  lands  of the County of Schuyler for a distance of 12.46 feet to a
point located along the Southerly shore of Seneca Lake; Thence
  4.) North 78 degrees 29 minutes 52 seconds  East  for  a  distance  of
13.48 feet to the Point or Place of Beginning.
  Containing 0.004± acres (or 155 ± square feet), all as shown on a "Map
of  Lands  Being  Conveyed  Between  the Village of Watkins Glen and the
County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill,  Profes-
sional Land Surveyor, dated July 22, 2010.
  ALL  that  tract  or  parcel of land situate in Town of Dix, County of
Schuyler and State of New  York  being  more  particularly  bounded  and
described  as  follows: Beginning at a Point located along the Southerly
shore of Seneca Lake, said point being a North-easterly corner of  lands
now  or  formerly  of  the  County of Schuyler (Liber 377 of Deeds, page
298), and a North-westerly corner  of  lands  now  or  formerly  of  the
Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
  1.)  North  78  degrees  36  minutes 20 seconds East for a distance of
22.18 feet to a point, said point being a North-easterly corner of Lands
now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
543), and a North-westerly corner  of  lands  now  or  formerly  of  the
Village of Watkins Glen (Liber 323 of Deeds, page 569); Thence
  2.)  South  21  degrees  36 minutes 20 seconds East along the division
line between said lands of the Village of Watkins Glen for a distance of
8.76 feet to a point; Thence
  3.) South 73 degrees 38 minutes 23 seconds West through said lands  of
the  Village  of  Watkins  Glen  (Liber  306  of  Deeds, page 543) for a

S. 4267--A                          3                         A. 6724--A

distance of 26.55 feet to a point located an Easterly line of lands  now
or  formerly  of  the County of Schuyler (Liber 377 of Deeds, page 298);
Thence
  4.)  North  02  degrees 36 minutes 20 seconds East along said Easterly
line of lands of the County of Schuyler for a distance of 11.25 feet  to
the Point or Place of Beginning.
  Containing  0.005± acres (or 237± square feet), all as shown on a "Map
of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
sional Land Surveyor, dated July 22, 2010.
  ALL that tract or parcel of land situate in Town  of  Dix,  County  of
Schuyler  and  State  of  New  York  being more particularly bounded and
described as follows: Beginning at a Point located along  the  Southerly
shore  of Seneca Lake, said point being a North-easterly corner of lands
now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
543), and a North-westerly corner of other lands now or formerly of  the
Village of Watkins Glen (Liber 323 of Deeds, page 567); Thence
  1.)  North  78  degrees  34  minutes 12 seconds East for a distance of
88.07 feet to a point, said point; Thence
  2.) North 64 degrees 00 minutes 30 seconds East for a distance of 8.23
feet to a point; Thence
  3.) South 86 degrees 21 minutes 39 seconds  East  for  a  distance  of
56.87 feet to a point; Thence
  4.)  South  66  degrees  15  minutes 31 seconds East for a distance of
57.53 feet to a point; Thence
  5.) South 05 degrees 33 minutes 07 seconds  East  for  a  distance  of
20.00  feet  passing  through  a point marked by a 5/8' steel rod with a
survey cap, (hereafter referred to as a survey marker), said point being
a North-westerly corner of lands now or formerly of Lembeck  (Liber  288
of  Deeds,  page  143),  continuing on the same course for an additional
20.22 feet for a combined distance of 40.22 feet to a point marked by  a
survey marker; Thence
  Through said lands of the Village of Watkins Glen (Liber 323 of Deeds,
page 569) the following seven (7) courses:
  6.)  North  49  degrees  55  minutes 31 seconds West for a distance of
28.14 feet to a point marked by a survey marker; Thence
  7.) North 59 degrees 32 minutes 27 seconds  West  for  a  distance  of
24.47 feet to a point marked by a survey marker; Thence
  8.)  North  13  degrees  51  minutes 22 seconds West for a distance of
12.65 feet to a point marked by a survey marker; Thence
  9.) North 59 degrees 28 minutes 14 seconds  West  for  a  distance  of
13.30 feet to a point; Thence
  10.)  North  19  degrees  41 minutes 48 seconds West for a distance of
10.96 feet to a point; Thence
  11.) South 82 degrees 02 minutes 26 seconds West  for  a  distance  of
129.49 feet to a point; Thence
  13.)  South  73  degrees  38 minutes 23 seconds West for a distance of
15.39 feet to a point in the aforementioned division line between  lands
of the Village of Watkins Glen and other lands of the Village of Watkins
Glen; Thence
  14.)  North  21 degrees 36 minutes 20 seconds West along said division
line for a distance of 8.76 feet to the Point or Place of Beginning.
  Containing 0.066± acres (or 2869± square feet), all as shown on a "Map
of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
sional Land Surveyor, dated July 22, 2010.

S. 4267--A                          4                         A. 6724--A

  S 5. The conveyance of the easement authorized by  the  provisions  of
this  act shall not occur until the county of Schuyler 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 secre-
tary of the interior deems necessary to assure that the substitution  of
other  lands 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.

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

    S. 4267--B                                            A. 6724--B
    Cal. No. 674

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 25, 2011
                               ___________

IN  SENATE -- Introduced by Sen. O'MARA -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Cultural
  Affairs, Tourism, Parks and Recreation -- reported favorably from said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

IN  ASSEMBLY  -- Introduced by M. of A. FRIEND -- read once and referred
  to the Committee on Local Governments --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to authorize the county of Schuyler to convey an easement through
  land located in the county's Seneca Harbor Park

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

  Section 1. The county of Schuyler, acting by and  through  its  county
legislature,  is  hereby authorized to convey by appropriate instruments
to Doris and Henry F. Lembeck IV, an easement located in  Seneca  Harbor
Park  and  described  in  section  three of this act, for the purpose of
enabling access to lakefront development.
  S 2. The authorization provided in section one of this  act  shall  be
effective  only  upon  the condition that the county of Schuyler acquire
and dedicate as parkland the lands described in  section  four  of  this
act.  In  the event that the land to be dedicated is less in fair market
value to the easement being  granted,  the  county  shall  dedicate  the
difference  to  either  the  acquisition of new parklands and/or capital
improvements to existing park and recreational facilities.
  S 3. The easement to be conveyed by the county of Schuyler pursuant to
section one of this act is described as follows:

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

                                                           LBD09718-06-1

S. 4267--B                          2                         A. 6724--B

  ALL THAT TRACT OR PARCEL OF LAND situate in  the  Village  of  Watkins
Glen, County of Schuyler and State of New York, bounded and described as
follows:
  Beginning  at  a  point  at  the  southeasterly corner of lands now or
formerly owned by County of Schuyler (L. 266, P. 210), said  point  also
described as being the northeasterly corner of Porter Street;
  Thence  N87°02'02"W,  along the dividing line between Porter Street on
the south and the aforesaid lands of County of Schuyler on the north,  a
distance of 65.99 feet to a point;
  Thence;  N31°49'51"E,  through lands of County of Schuyler, a distance
of 140.32 feet to a point on the easterly boundary of lands of County of
Schuyler;
  Thence S03°46'57"W, along said easterly boundary of lands of County of
Schuyler, a distance of 122.90 feet to the point of beginning;  contain-
ing 0.093 acre or 4.054 square feet, more or less.
  S  4.  The land to be dedicated as parkland pursuant to section two of
this act is described as follows:
  ALL that tract or parcel of land situate in Town  of  Dix,  County  of
Schuyler  and  State  of  New  York  being more particularly bounded and
described as follows: Beginning at a Point located along  the  Southerly
shore  of Seneca Lake, said point being a North-easterly corner of lands
now or formerly of the County of Schuyler  (Liber  377  of  Deeds,  page
298),  and  a  North-westerly  corner  of  lands  now or formerly of the
Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
  1.) South 02 degrees 36 minutes 13 seconds West along a division  line
between  said  lands  of the County of Schuyler to the West and lands of
the Village of Watkins Glen to the East for a distance of 11.25 feet  to
a point; Thence
  2.)  South 73 degrees 38 minutes 23 seconds West through said lands of
the County of Schuyler for a distance of 13.83 feet to a point; Thence
  3.) North 02 degrees 36 minutes 13  seconds  East  continuing  through
said  lands  of the County of Schuyler for a distance of 12.46 feet to a
point located along the Southerly shore of Seneca Lake; Thence
  4.) North 78 degrees 29 minutes 52 seconds  East  for  a  distance  of
13.48 feet to the Point or Place of Beginning.
  Containing 0.004± acres (or 155 ± square feet), all as shown on a "Map
of  Lands  Being  Conveyed  Between  the Village of Watkins Glen and the
County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill,  Profes-
sional Land Surveyor, dated July 22, 2010.
  ALL  that  tract  or  parcel of land situate in Town of Dix, County of
Schuyler and State of New  York  being  more  particularly  bounded  and
described  as  follows: Beginning at a Point located along the Southerly
shore of Seneca Lake, said point being a North-easterly corner of  lands
now  or  formerly  of  the  County of Schuyler (Liber 377 of Deeds, page
298), and a North-westerly corner  of  lands  now  or  formerly  of  the
Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
  1.)  North  78  degrees  36  minutes 20 seconds East for a distance of
22.18 feet to a point, said point being a North-easterly corner of Lands
now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
543), and a North-westerly corner  of  lands  now  or  formerly  of  the
Village of Watkins Glen (Liber 323 of Deeds, page 569); Thence
  2.)  South  21  degrees  36 minutes 20 seconds East along the division
line between said lands of the Village of Watkins Glen for a distance of
8.76 feet to a point; Thence
  3.) South 73 degrees 38 minutes 23 seconds West through said lands  of
the  Village  of  Watkins  Glen  (Liber  306  of  Deeds, page 543) for a

S. 4267--B                          3                         A. 6724--B

distance of 26.55 feet to a point located an Easterly line of lands  now
or  formerly  of  the County of Schuyler (Liber 377 of Deeds, page 298);
Thence
  4.)  North  02  degrees 36 minutes 20 seconds East along said Easterly
line of lands of the County of Schuyler for a distance of 11.25 feet  to
the Point or Place of Beginning.
  Containing  0.005± acres (or 237± square feet), all as shown on a "Map
of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
sional Land Surveyor, dated July 22, 2010.
  ALL that tract or parcel of land situate in Town  of  Dix,  County  of
Schuyler  and  State  of  New  York  being more particularly bounded and
described as follows: Beginning at a Point located along  the  Southerly
shore  of Seneca Lake, said point being a North-easterly corner of lands
now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
543), and a North-westerly corner of other lands now or formerly of  the
Village of Watkins Glen (Liber 323 of Deeds, page 567); Thence
  1.)  North  78  degrees  34  minutes 12 seconds East for a distance of
88.07 feet to a point, said point; Thence
  2.) North 64 degrees 00 minutes 30 seconds East for a distance of 8.23
feet to a point; Thence
  3.) South 86 degrees 21 minutes 39 seconds  East  for  a  distance  of
56.87 feet to a point; Thence
  4.)  South  66  degrees  15  minutes 31 seconds East for a distance of
57.53 feet to a point; Thence
  5.) South 05 degrees 33 minutes 07 seconds  East  for  a  distance  of
20.00  feet  passing  through  a point marked by a 5/8' steel rod with a
survey cap, (hereafter referred to as a survey marker), said point being
a North-westerly corner of lands now or formerly of Lembeck  (Liber  288
of  Deeds,  page  143),  continuing on the same course for an additional
20.22 feet for a combined distance of 40.22 feet to a point marked by  a
survey marker; Thence
  Through said lands of the Village of Watkins Glen (Liber 323 of Deeds,
page 569) the following seven (7) courses:
  6.)  North  49  degrees  55  minutes 31 seconds West for a distance of
28.14 feet to a point marked by a survey marker; Thence
  7.) North 59 degrees 32 minutes 27 seconds  West  for  a  distance  of
24.47 feet to a point marked by a survey marker; Thence
  8.)  North  13  degrees  51  minutes 22 seconds West for a distance of
12.65 feet to a point marked by a survey marker; Thence
  9.) North 59 degrees 28 minutes 14 seconds  West  for  a  distance  of
13.30 feet to a point; Thence
  10.)  North  19  degrees  41 minutes 48 seconds West for a distance of
10.96 feet to a point; Thence
  11.) South 82 degrees 02 minutes 26 seconds West  for  a  distance  of
129.49 feet to a point; Thence
  13.)  South  73  degrees  38 minutes 23 seconds West for a distance of
15.39 feet to a point in the aforementioned division line between  lands
of the Village of Watkins Glen and other lands of the Village of Watkins
Glen; Thence
  14.)  North  21 degrees 36 minutes 20 seconds West along said division
line for a distance of 8.76 feet to the Point or Place of Beginning.
  Containing 0.066± acres (or 2869± square feet), all as shown on a "Map
of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
sional Land Surveyor, dated July 22, 2010.

S. 4267--B                          4                         A. 6724--B

  S 5. The conveyance of the easement authorized by  the  provisions  of
this  act shall not occur until the county of Schuyler 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 secre-
tary of the interior deems necessary to assure that the substitution  of
other  lands 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.