S T A T E   O F   N E W   Y O R K
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                                 7210--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2015
                               ___________

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

AN ACT authorizing the town of  Amherst,  county  of  Erie  to  alienate
  certain  parcels  of lands used as parklands and to replace such park-
  land with other parcels of land

  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,
acting by and through its town board, to discontinue  as  parklands  and
alienate  the  municipally owned parklands described in section three of
this act and to utilize such lands for other municipal purposes.
  S 2. The authorization contained in section one of this act shall only
be effective on the condition that the town of Amherst dedicate as park-
lands 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 are
described as follows:
  ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Amherst, Coun-
ty of Erie, State of New York being part of Lot 65, Township 12, Range 7
and part of Lot 51, Township 13, Range 7 of  the  Holland  Land  Company
Survey bounded and described as follows:
  BEGINNING  at  the point of intersection of the westerly line of lands
conveyed to Niagara Mohawk Power Corp. by deed recorded in Liber 7239 of
Deeds at page 641 with the northerly line of lands conveyed to  Rocking-
ham Estates, LLC by Deed recoded in Liber 11042 of Deeds at page 4636;
  THENCE:  S 02°00'41" E, along the westerly line of said Niagara Mohawk
Power Corp. lands, a distance of 331.94 feet to a point on the northwes-
terly boundary line of Lockport Expressway;
  THENCE:  southwesterly, along the northwesterly boundary line of Lock-
port Expressway, on a curve to the left  having  a  radius  of  4,069.72

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10183-04-5
              

A. 7210--A                          2

feet,  an  arc  distance  of  476.20 feet to the southerly line of lands
conveyed to Rockingham Estates, LLC by Deed recorded in Liber  11044  of
Deeds at page 118;
  THENCE:  N  89°03'00"  W,  along the southerly line of said Rockingham
Estates, LLC lands, a distance of 137.48 feet to a point;
  THENCE: N 00°57'00" E, through said Rockingham Estates, LLC lands  and
through  lands  conveyed  to Rockingham Estates, LLC by Deed recorded in
Liber 11042 of Deeds at page 4636, a distance of 175.00 feet to a point;
  THENCE: S 89°03'00" E, through last said Rockingham Estates  lands,  a
distance of 88.50 feet to a point;
  THENCE:  N  00°57'00" E, through last said Rockingham Estates lands, a
distance of 472.61 feet to a point on the northerly line thereof;
  THENCE: N 89°56'23" E, along the northerly line of last said  Rocking-
ham  Estates, LLC lands, a distance of 381.57 feet to the POINT OR PLACE
OF BEGINNING. Containing 4.903 acres more or less.
  S 4. The replacement lands to be dedicated by  the  town  of  Amherst,
county of Erie to use as parkland for public park purposes are described
as follows:
  ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun-
ty  of Erie, State of New York being park 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 Centerline of Smith Road at the inter-
section with the westerly line of lands conveyed to Richard J. Aquino by
Deed recorded in Liber 7015 at page 697;
  THENCE: S-19°-06'-29"-W, along said westerly  line  and  the  westerly
line  of lands conveyed to Edward J. Zabel Jr. by Deed recorded in Liber
8503 of Deeds at page 549 a distance of 501.23 feet to the north line of
lands conveyed to Daniel J. Trawinski by Deed recorded in Liber 7139  of
Deeds at page 177;
  THENCE:  N-89°-28'-45"-W,  along  said  north line and a north line of
lands shown on a subdivision map of Mosier Subdivision recorded  in  the
Erie  County Clerk's Office under cover 2138 a distance of 1,697.66 feet
to an easterly line of Map Cover 2138;
  THENCE: N-00°-32'-55"-E, along said easterly line a distance of 820.39
feet to the south line of lands  conveyed  to  Joseph  Neuhaus  by  Deed
recorded in Liber 1270 of Deeds at page 370;
  THENCE:  easterly  along  the  aforementioned lands conveyed to Joseph
Nuehaus a distance of 1292+/- feet to  the  northwest  corner  of  lands
conveyed  to  Kenneth  W. and Doris P. Fentner recorded in Liber 8645 of
Deeds at Page 549;
  THENCE S-08°-01'-15"-E, along the west line of said  Fentner  lands  a
distance of 394.72 feet to the southwest corner thereof;
  THENCE:  S-88°-03'-10"-E,  along  the south line of said Fentner lands
and the south line of lands conveyed to Charles  W.  Herberger  by  Deed
recorded in Liber 9893 of Deeds at page 264 a distance of 336.74 feet to
the southeast corner of said Herberger lands;
  THENCE: N-22°-58'-04"-E, along the east line of said Herberger lands a
distance of 160.74 feet to the centerline of Smith Road;
  THENCE: S-47°-10'-26" along the centerline of Smith Road a distance of
95.61  feet  to  the  point  of beginning containing 28.7± acres more or
less, exclusive of the area lying  within  the  bounds  of  Smith  Road.
Excepting  there  from  that  part  of  premises lying in the Smith road
right-of-way.  Containing 28.7 acres more or less.
  S 5. In the event that the lands to  be  dedicated,  as  described  in
section  four of this act, are not equal or greater in fair market value

A. 7210--A                          3

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.