senate Bill S2345A

Signed By Governor
2013-2014 Legislative Session

Relates to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie

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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
Jun 19, 2013 signed chap.64
Jun 07, 2013 delivered to governor
May 30, 2013 returned to senate
passed assembly
home rule request
ordered to third reading cal.398
substituted for a3882a
May 20, 2013 referred to local governments
delivered to assembly
passed senate
home rule request
May 06, 2013 amended on third reading 2345a
Apr 30, 2013 advanced to third reading
Apr 29, 2013 2nd report cal.
Apr 24, 2013 1st report cal.432
Jan 16, 2013 referred to cultural affairs, tourism, parks and recreation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S2345 - Bill Details

See Assembly Version of this Bill:
A3882A
Law Section:
Parks

S2345 - Bill Texts

view summary

Relates to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie.

view sponsor memo
BILL NUMBER:S2345

TITLE OF BILL: An act in relation to the alienation and substitution
of certain parklands in the town of Amherst in the county of Erie

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
dedication 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: This bill has been introduced at the request of the
Town of Amherst. The parcel to be discontinued as parkland was
intended to be conveyed and used by the North Amherst Fire Company for
firematic, recreation and parking purposes, and in fact is being used
for those public purposes. The Town has now been advised that although
this parcel was never specifically designated as parkland, it was in
fact deemed parkland and must be discontinued as parkland and
replacement lands identified.

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
________________________________________________________________________

                                  2345

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

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

AN  ACT  in relation to the alienation and substitution of certain park-
  lands in the town of Amherst in the county of Erie

  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
Amherst, in the county of Erie, acting by and through its town board, is
hereby authorized to discontinue as parklands and  alienate,  the  lands
described in section three of this act.
  S 2. The authorization contained in section one of this act shall take
effect  only  upon the condition that the town of Amherst shall dedicate
the lands of equal or greater fair market  value  described  in  section
four of this act as additional parklands of the town.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands are as follows:
  ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun-
ty of Erie and State of New York being part of Lot No. 27, Township  13,
Range 7 of the Holland Land Company Survey, described as follows:
  Beginning at the point of beginning of the New York State Canal Corpo-
ration  Abandonment  of  the  Town  of Amherst by Deed recorded in Liber
11007 of Deeds at page 740 on May 29, 2002; thence  north  62°  50'  00"
east  a distance of 27.66 feet to a point; thence north 64° 39' 00" east
a distance of 65.05 feet to a point; thence north 67°  29'  00"  east  a
distance  of  64.65  feet  to  a  point; thence north 70° 57' 00" east a
distance of 64.72 feet to a point  thence  north  73°  31'  00"  east  a
distance  of  197.15  feet  to  a point; thence north 75° 31' 00" east a
distance of 65.20 feet to a point; thence  north  77°  29'  00"  east  a
distance  of  64.98  feet  to  a  point; thence north 80° 15' 00" east a
distance of 65.43 feet to a point; thence  north  80°  24'  00"  east  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05562-01-3

S. 2345                             2

distance  of  65.68  feet  to  a  point; thence north 82° 17' 00" east a
distance of 65.63 feet to a point; thence  north  82°  49'  00"  east  a
distance  of  65.80  feet  to  a  point; thence north 83° 30' 00" east a
distance  of  65.47  feet  to  a  point; thence north 85° 02' 00" east a
distance of 65.50 feet to a point; thence  north  85°  24'  00"  east  a
distance  of  329.65  feet  to  a point; thence north 89° 02' 00" east a
distance of 265 feet to a  point;  thence  south  00°  00'  00"  west  a
distance  of  177.55  feet to a point in the northerly line of Tonawanda
Creek Road; thence south 84° 30' 37" west and along the  northerly  line
of  Tonawanda  Creek  Road  a distance of 275.35 feet to a point; thence
continuing southwesterly along the radius of the north line of Tonawanda
Creek Road a distance of 689.94 feet to a point; thence  south  62°  56'
39" west and continuing along the northerly line of Tonawanda Creek Road
a  distance of 607.01 feet to a point; thence southerly 75° 52' 37" west
a distance of 58.54 feet to the southwest corner of  lands  conveyed  by
Liber 3030 of Deeds at page 441; thence north 07° 06' 50" east and along
the  westerly  line  of lands conveyed by Deed recorded in Liber 3030 of
Deeds at page 441 a distance of 153.14 feet to the northwest  corner  of
lands conveyed by the last mentioned deed; thence north 75° 28' 00" east
and along the northerly line of lands conveyed by Deed recorded in Liber
3030  at  page 441 a distance of 22.21 feet to a point; thence north 01°
06' 56" east and along the easterly line of New York State Canal  Corpo-
ration's  Abandonment  to  the Town of Amherst by Deed recorded in Liber
11,007 at page 0740 a distance of 275.22 feet to the point or  place  of
beginning.
  Excepting  therefrom those lands conveyed by Deed recorded in the Erie
County Clerk's Office in Liber 3030 of Deeds at Page 441; Liber 9090  of
Deeds at page 545 and Liber 9164 of Deeds at page 580.
  Excepting therefrom, the Reservations contained in a Deed to the gran-
tor  herein  recorded  in  Liber  11007 of Deeds at page 074 and further
subject to designation as parkland in a contract  between  the  Town  of
Amherst and the New York State Office of Parks, Recreation, and Historic
Preservation,  dated  June 27, 2001, and providing that the grantor will
provide continued maintenance of the existing eight  foot  wide  macadam
Bike  Path  transversing the property hereby conveyed in accordance with
the Trail Guidelines contained in the Canal Recreation Way Plan as  such
plan exists on the date of this conveyance.
  S  4.  Prior  to  the  discontinuance  and  alienation of the parkland
described in section three of this act,  the  town  of  Amherst,  acting
through  its  town  board,  shall  dedicate replacement lands for use as
parkland for public park purposes, with such replacement lands, being of
equal or greater fair market value, as follows:
  ALL THAT TRACT OR PARCEL OF LAND situated  in  the  Town  of  Amherst,
County  of  Erie,  State of New York being part of Lot 102, Township 12,
Range 7 of the Holland Land Survey (so-called) bounded and described  as
follows:
  Beginning  at  a point in the west line of Lot 102 at its intersection
with the south line of lands conveyed to George Biser by  Deed  recorded
in the Erie County Clerk's Office in Liber 154 of Deeds at page 429;
  THENCE:  S-88°-17'-07"-E,  along said south line and the south line of
lands shown on a subdivision map of Hunter's Woods East recorded in  the
Erie  County  Clerk's Office under Cover No. 2395 a distance of 2,367.45
feet to the centerline of Smith Road;
  THENCE: S-47°-10'-26"-E, along said centerline a  distance  of  549.63
feet  to  the  south  line  of  lands conveyed to Joseph Neuhaus by Deed
recorded in Liber 1270 of Deeds at page 370;

S. 2345                             3

  THENCE: N-88°-09'-11"-W, along said south line a  distance  of  2,780±
feet to the west line of lot 102;
  THENCE:  N-00°-24'-46"-E,  along  said  west line a distance of 355.08
feet to the point of beginning  containing  19.95  acres  more  or  less
exclusive of the area lying within the bounds of Smith Road.
  S  5.  In  the event that the parklands to be dedicated by the town of
Amherst pursuant to this act are not equal to or greater than  the  fair
market  value  of  the  parkland to be discontinued, the town of Amherst
shall dedicate the difference of the fair market value of the  lands  to
be  alienated and the lands to be dedicated for the acquisition of addi-
tional parklands and/or for capital improvements to  existing  park  and
recreational facilities.
  S  6.  In  the  event  that  the  town of Amherst 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  author-
ized  by  the  provisions  of  section three of this act shall not occur
until the town of Amherst 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  conver-
sion  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 and usefulness to the lands being alienated or
converted.
  S 7. This act shall take effect immediately

S2345A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3882A
Law Section:
Parks

S2345A (ACTIVE) - Bill Texts

view summary

Relates to the alienation and substitution of certain parklands in the town of Amherst in the county of Erie.

view sponsor memo
BILL NUMBER:S2345A

TITLE OF BILL: An act in relation to the alienation and substitution
of certain parklands in the town of Amherst in the county of Erie

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
dedication 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:

This bill has been introduced at the request of the Town of Amherst.
The parcel to be discontinued as parkland was intended to be conveyed
and used by the North Amherst Fire Company for firematic, recreation
and parking purposes, and in fact is being used for those public
purposes. The Town has now been advised that although this parcel was
never specifically designated as parkland, it was in fact deemed
parkland and must be discontinued as parkland and replacement lands
identified.

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
________________________________________________________________________

                                 2345--A
    Cal. No. 432

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism,  Parks and Recreation -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT in relation to the alienation and substitution of  certain  park-
  lands in the town of Amherst in the county of Erie

  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 Amherst,
in the county of Erie, acting by and through its town board,  is  hereby
authorized to discontinue as parklands and alienate, the lands described
in section three of this act.
  S 2. The authorization contained in section one of this act shall take
effect  only  upon  the condition that the town of Amherst shall acquire
and dedicate the lands of equal or greater fair market  value  described
in section four of this act as additional parklands of the town.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands are as follows:
  ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun-
ty of Erie and State of New York being part of Lot No. 27, Township  13,
Range 7 of the Holland Land Company Survey, described as follows:
  Beginning at the point of beginning of the New York State Canal Corpo-
ration  Abandonment  of  the  Town  of Amherst by Deed recorded in Liber
11007 of Deeds at page 740 on May 29, 2002; thence  north  62°  50'  00"
east  a distance of 27.66 feet to a point; thence north 64° 39' 00" east
a distance of 65.05 feet to a point; thence north 67°  29'  00"  east  a
distance  of  64.65  feet  to  a  point; thence north 70° 57' 00" east a
distance of 64.72 feet to a point  thence  north  73°  31'  00"  east  a
distance  of  197.15  feet  to  a point; thence north 75° 31' 00" east a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05562-07-3

S. 2345--A                          2

distance of 65.20 feet to a point; thence  north  77°  29'  00"  east  a
distance  of  64.98  feet  to  a  point; thence north 80° 15' 00" east a
distance of 65.43 feet to a point; thence  north  80°  24'  00"  east  a
distance  of  65.68  feet  to  a  point; thence north 82° 17' 00" east a
distance of 65.63 feet to a point; thence  north  82°  49'  00"  east  a
distance  of  65.80  feet  to  a  point; thence north 83° 30' 00" east a
distance of 65.47 feet to a point; thence  north  85°  02'  00"  east  a
distance  of  65.50  feet  to  a  point; thence north 85° 24' 00" east a
distance of 329.65 feet to a point; thence north  89°  02'  00"  east  a
distance  of  265  feet  to  a  point;  thence  south 00° 00' 00" west a
distance of 177.55 feet to a point in the northerly  line  of  Tonawanda
Creek  Road;  thence south 84° 30' 37" west and along the northerly line
of Tonawanda Creek Road a distance of 275.35 feet  to  a  point;  thence
continuing southwesterly along the radius of the north line of Tonawanda
Creek  Road  a  distance of 689.94 feet to a point; thence south 62° 56'
39" west and continuing along the northerly line of Tonawanda Creek Road
a distance of 607.01 feet to a point; thence southerly 75° 52' 37"  west
a  distance  of  58.54 feet to the southwest corner of lands conveyed by
Liber 3030 of Deeds at page 441; thence north 07° 06' 50" east and along
the westerly line of lands conveyed by Deed recorded in  Liber  3030  of
Deeds  at  page 441 a distance of 153.14 feet to the northwest corner of
lands conveyed by the last mentioned deed; thence north 75° 28' 00" east
and along the northerly line of lands conveyed by Deed recorded in Liber
3030 at page 441 a distance of 22.21 feet to a point; thence  north  01°
06'  56" east and along the easterly line of New York State Canal Corpo-
ration's Abandonment to the Town of Amherst by Deed  recorded  in  Liber
11,007  at  page 0740 a distance of 275.22 feet to the point or place of
beginning.
  Containing 9.18 acres more or less.
  Excepting therefrom those lands conveyed by Deed recorded in the  Erie
County  Clerk's Office in Liber 3030 of Deeds at Page 441; Liber 9090 of
Deeds at page 545 and Liber 9164 of Deeds at page 580.
  Excepting therefrom, the Reservations contained in a Deed to the gran-
tor herein recorded in Liber 11007 of Deeds  at  page  074  and  further
subject  to  designation  as  parkland in a contract between the Town of
Amherst and the New York State Office of Parks, Recreation, and Historic
Preservation, dated June 27, 2001, and providing that the  grantor  will
provide  continued  maintenance  of the existing eight foot wide macadam
Bike Path transversing the property hereby conveyed in  accordance  with
the  Trail Guidelines contained in the Canal Recreation Way Plan as such
plan exists on the date of this conveyance.
  S 4. Prior to  the  discontinuance  and  alienation  of  the  parkland
described  in  section  three  of  this act, the town of Amherst, acting
through its town board, shall acquire and dedicate replacement lands for
use as parkland for public park purposes, with such  replacement  lands,
being of equal or greater fair market value, as follows:
  ALL  THAT  TRACT  OR  PARCEL  OF LAND situated in the Town of Amherst,
County of Erie, State of New York being part of Lot  102,  Township  12,
Range  7 of the Holland Land Survey (so-called) bounded and described as
follows:
  Beginning at a point in the west line of Lot 102 at  its  intersection
with  the  south line of lands conveyed to George Biser by Deed recorded
in the Erie County Clerk's Office in Liber 154 of Deeds at page 429;
  THENCE: S-88°-17'-07"-E, along said south line and the south  line  of
lands  shown on a subdivision map of Hunter's Woods East recorded in the

S. 2345--A                          3

Erie County Clerk's Office under Cover No. 2395 a distance  of  2,367.45
feet to the centerline of Smith Road;
  THENCE:  S-47°-10'-26"-E,  along  said centerline a distance of 549.63
feet to the south line of lands  conveyed  to  Joseph  Neuhaus  by  Deed
recorded in Liber 1270 of Deeds at page 370;
  THENCE:  N-88°-09'-11"-W,  along  said south line a distance of 2,780±
feet to the west line of lot 102;
  THENCE: N-00°-24'-46"-E, along said west line  a  distance  of  355.08
feet  to  the  point  of  beginning  containing 19.95 acres more or less
exclusive of the area lying within the bounds of Smith Road.
  Containing 20.95 acres more or less.
  S 5. In the event that the parklands to be dedicated by  the  town  of
Amherst  pursuant  to this act are not equal to or greater than the fair
market value of the parkland to be discontinued,  the  town  of  Amherst
shall  dedicate  the difference of the fair market value of the lands to
be alienated and the lands to be dedicated for the acquisition of  addi-
tional  parklands  and/or  for capital improvements to existing park and
recreational facilities.
  S 6. In the event that  the  town  of  Amherst  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 author-
ized by the provisions of section three of  this  act  shall  not  occur
until  the  town  of  Amherst 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 conver-
sion 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 and usefulness to the lands being alienated or
converted.
  S 7. This act shall take effect immediately.

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