S T A T E   O F   N E W   Y O R K
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    S. 3906--A                                            A. 5394--A

                       2015-2016 Regular Sessions

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

                            February 20, 2015
                               ___________

IN  SENATE  --  Introduced  by  Sen. PANEPINTO -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. RYAN -- 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 town of Hamburg, county of Erie  to  discontinue
  the  use of certain town lands as parkland and to sell and convey such
  lands to James Cleary

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

  Section  1.  The  town  of  Hamburg,  in the county of Erie, is hereby
authorized to discontinue use of  certain  parklands  more  particularly
described in section three of this act and sell and convey in fee simple
for  its fair market value and upon such terms and conditions, as deter-
mined by the town board, to James Cleary such lands which are no  longer
useful for park and recreation purposes.
  S  2.  The authorization provided for in section one of this act shall
only be effective on the condition that the town of Hamburg shall  dedi-
cate  the  fair  market value of such lands for the acquisition of addi-
tional parkland and/or capital improvements to existing park  facilities
in the town of Hamburg.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands, and to be sold and conveyed are described as follows:
  ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  Town  of  Hamburg,
County  of Erie and State of New York, being part of Lot 21, Township 9,
Range 8 of the Holland Land Company's Survey, bounded and  described  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08226-02-5
              

S. 3906--A                          2                         A. 5394--A

  BEGINNING  at  the west corner of lands conveyed to James F. Cleary by
deed recorded in the Erie County Clerk's Office  under  Liber  10270  of
Deeds at page 309, said corner being on the east line of Abel Road;
  THENCE S 38° 07' 58" E, a distance of 79.14 feet;
  THENCE  N  89° 23' 17" E, a distance of 373 feet, more or less, to the
centerline of Berricks Creek;
  THENCE south along the centerline of Berricks Creek, a distance of  71
feet, more or less;
  THENCE  S  89° 23' 17" W, a distance of 536 feet, more or less, to the
east line of Abel Road;
  THENCE N 37° 45' 02" E, along the east line of Abel Road,  a  distance
of 169.32 feet to the point or place of beginning, containing 0.88 acre,
more or less.
  S  4.  In  the  event  that  the  town of Hamburg 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 conveyance of parkland authorized by
the provisions of this act shall not occur until the town of Hamburg has
complied with any federal requirements pertaining to the  alienation  or
conversion of parklands, including satisfying the secretary of the inte-
rior  that  the  alienation  or  conversion 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 value and
recreational usefulness to the lands being alienated or converted.
  S 5. This act shall take effect immediately.