senate Bill S5747

2013-2014 Legislative Session

Authorizes the conveyance of certain real property of the state to Karen R. Lynch of Wolcott, NY in exchange for real property of an equal or higher value, to be utilized for wildlife management purposes

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to environmental conservation
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.740
Jan 08, 2014 referred to local government
Jun 11, 2013 referred to local government

Votes

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S5747 - Bill Details

See Assembly Version of this Bill:
A7874
Current Committee:
Law Section:
Real Property

S5747 - Bill Texts

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Authorizes the conveyance of certain real property of the state of New York to Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New York in exchange for real property of an equal or higher value, to be utilized for wildlife management purposes.

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BILL NUMBER:S5747

TITLE OF BILL: An act to authorize the conveyance of certain real
property of the state of New York to Karen R. Lynch of 8283 West Port
Bay Road, Wolcott, New York in exchange for real property of an equal
or higher value, to be utilized for wildlife management purposes

PURPOSE OR GENERAL IDEA OF BILL:

To allow for the conveyance of real property owned by the state of New
York to be exchanged for real property of an equal or higher value, to
be utilized for wildlife management purposes.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Authorizes the Commissioner of DEC to enter into a contract
for the conveyance of a parcel of state wildlife lands

Section 2. Describes the lands to be conveyed to Karen R. Lynch by the
state Section 3. Describes the lands to be conveyed to the state by
Karen R. Lynch

Section 4. Authorizes the Commissioner of DEC to prescribe additional
terms for the exchange, and states that the contract will not become
binding unless approved by the Director of Budget and Comptroller

Section 5. Effective date

JUSTIFICATION:

In 1975, an error was made in a deed description of a property on 8283
W. Port Bay Road, Wolcott, NY, and all subsequent transfers have
relied on that erroneous deed description.

During a land survey completed by the NYS DEC Real Property Office, it
was discovered that part of a property and residence thought to be
owned by Karen R. Lynch, were located on lands actually owned by the
State of New York.

As the DEC does not have the authority to sell this land to Mrs.
Lynch, an exchange of land is necessary.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

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

                                  5747

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

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

AN ACT to authorize the conveyance of certain real property of the state
  of New York to Karen R. Lynch of 8283 West Port Bay Road, Wolcott, New
  York in exchange for real property of an equal or higher value, to  be
  utilized for wildlife management purposes

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

  Section 1. Notwithstanding any other provision of law, the commission-
er of environmental conservation is hereby authorized to  enter  into  a
contract for and on behalf of and in the name of the people of the state
of New York ("the state"), for the conveyance of a parcel of state wild-
life  management  lands  in  the town of Huron, county of Wayne, as more
fully described in section two of  this  act,  to  Karen  R.  Lynch,  in
exchange for lands described in section three of this act.
  The  conveyance  and  exchange  of  lands  authorized pursuant to this
section shall be completed only if  the  commissioner  of  environmental
conservation determines that:
  a.  the  parcel  described in section three of this act is of equal or
greater value than the parcel described in section two of this act; and
  b. the parcel described in section three of this act is adaptable  for
wildlife management and other purposes as prescribed in title 3 of arti-
cle  11  of the environmental conservation law and consistent with para-
graph v of subdivision 2 of section 3-0301 of the environmental  conser-
vation  law,  is  contiguous to existing wildlife management area lands,
and that the operation of the wildlife management area as a  whole  will
not be adversely affected by such conveyance and exchange.
  S 2. The lands authorized to be conveyed to Karen R. Lynch pursuant to
section one of this act are bounded and described as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11386-02-3

S. 5747                             2

  ALL THAT TRACT OR PARCEL OF LAND situated in Lot 264 of the Williamson
Tract,  Town  of  Huron,  County of Wayne, State of New York, being more
particularly bounded and described as follows:
  COMMENCING  in the center of West Port Bay Road at the point of inter-
section of said centerline with the south line of lands now or  formerly
of William C. Michatek (Liber 785 of Deeds, Page 536) and the north line
of  lands  of  Karen  R. Faulkner (Liber 972 of Deeds, Page 954); thence
N75°57'12"W and along the south line of lands of said Michatek and along
the north line of lands of said Faulkner 75.53 feet to a point marked by
a rebar with aluminum cap set in an easterly line of lands of the People
of the State of New York (Liber 584 of Deeds, Page  142)  and  the  true
point of BEGINNING of the parcel to be described; thence S14°02'48"W and
along  an easterly line of lands of said People of the State of New York
and the westerly line of lands of said Faulkner which said line  is  the
extension  southerly  of the west line of lands formerly owned by Albert
R. Hickox (Liber 334 of Deeds, Page 169) now or formerly owned  by  said
Michatek  120.00  feet  to  a point at the south west corner of lands of
said Faulkner; thence N75°57'12"W through the lands of  said  People  of
the State of New York and on the extension of the southerly line of said
Faulkner  19.58 feet to a point marked by a rebar with aluminum cap set;
thence N02°19'48"E and parallel with the centerline  of  West  Port  Bay
Road  and  through  the  lands  of  said People of the State of New York
122.55 feet to a point marked by a rebar with aluminum cap  set;  thence
S75°57'12"E  and  through  the  lands  of the People of the State of New
York, said line also being the extension westerly of the northerly  line
of  lands  of  said Faulkner 44.47 feet to the point and place of BEGIN-
NING.
  CONTAINING 0.0882 acres of land more or less.
  BEING a portion of the premises conveyed by Hazel  R.  Buisch  to  The
People of the State of New York by appropriation dated December 20, 1966
and  recorded  in the Wayne County Clerk's Office on January 27, 1967 in
Liber 584 of Deeds, Page 142.
  S 3. In  exchange  for  the  conveyance  of  such  estate  and  rights
described in section two of this act, Karen R. Lynch shall convey to the
state,  by  warranty  deed  with  covenant  against  grantor's acts, the
following described parcel of land:
  ALL THAT TRACT OR PARCEL OF LAND being part of Lot 303 in the William-
son Tract, situate in the Town of Huron, County of Wayne  and  State  of
New York, being more particularly bounded and described as follows:
  COMMENCING in the center of West Port Bay Road in the said Town at the
point  of intersection of said centerline with the north line of Lot No.
303; thence S85°37'23"W and along the north  line  of  Lot  303,  for  a
distance of 175.00 feet to the northeasterly corner of premises conveyed
by  deed  to  the  People  of the State of New York by Henry Hugh Bolger
dated April 22, 1964 and recorded in the Wayne County Clerk's Office  in
Liber  531  of  Deeds,  Page  104 and the true point of BEGINNING of the
parcel to be described; thence S04°07'02"W and along the  easterly  line
of  said  People of the State of New York and the westerly line of lands
of Cheryl M. Darling (Liber 679 of Deeds, Page 775) for  a  distance  of
674.65  feet  to  a  point at the southeast corner of said People of the
State of New York and the south line of premises  formerly  conveyed  to
Henry  H. Bolger and wife by Vina Mae Turner by deed dated June 13, 1952
and recorded in the Wayne County Clerk's Office in Liber 398  of  Deeds,
Page 471, said point being 275 feet from the centerline of West Port Bay
Road;  thence  N85°53'18"E  and along the southerly line of said Darling
for a distance of 13.05 feet to a point marked by a rebar with  aluminum

S. 5747                             3

cap  set; thence N03°01'03"E and through the lands of said Darling for a
distance of 672.91 feet to the point and place of BEGINNING.
  CONTAINING 0.10 acres of land more or less.
  BEING  the  same  premises  conveyed  to  Karen  R. Lynch by Cheryl M.
Darling by deed dated May 14, 2013 and  recorded  in  the  Wayne  County
Clerk's Office on May 24, 2013 in deed instrument number R9151206.
  S  4.  The  commissioner  of  environmental conservation may prescribe
additional terms for such exchange of lands.  Such  contract  shall  not
become  binding  upon  the  state  until approved by the director of the
budget and the comptroller. Title to the land  to  be  conveyed  to  the
state  pursuant  to the provisions of such contract shall be approved by
the attorney general and the deed to the state shall be approved by such
attorney general as to form and manner of  execution  and  recordability
before  such  deed  shall  be accepted on behalf of the state.  Notwith-
standing the provisions of the public lands law, the conveyance  of  the
state  owned  lands pursuant to such contract, shall be without reserva-
tion or exception except as provided for in such contract. Upon  certif-
ication by the commissioner of environmental conservation to the commis-
sioner  of  general services of a copy of the contract and certification
that Karen R. Lynch has complied with all terms and  conditions  of  the
contract  upon  her  part  to  be  kept  and  performed, together with a
description of each of the parcels to be exchanged, the commissioner  of
general  services shall convey the land described in section two of this
act in accordance with the provision of the contract.  Any  interest  in
land  acquired  by  the  state  pursuant to this act shall be devoted to
wildlife management and such other kindred purposes as may be determined
by the commissioner of environmental conservation in accordance with the
environmental conservation law.
  S 5. This act shall take effect immediately.

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