S T A T E   O F   N E W   Y O R K
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                                  7888--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 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  and
   convey certain parcels of land used as parkland

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The town of Amherst, in the county of Erie, acting  through
 its town board, is hereby authorized to discontinue and alienate certain
 parklands more particularly described in section three of this act.
   § 2. The authorization contained in section one of this act shall take
 effect  only  upon  the condition that the town of Amherst dedicates the
 lands described in section four of this act as parkland.
   § 3. The lands to be  discontinued  as  parklands  and  alienated  and
 conveyed  pursuant  to section one of this act are bounded and described
 as follows:
   ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  Town  of  Amherst,
 County of Erie and State of New York, being Part of Lot 73, Township 12,
 Range  7  of the Holland Land Company's Survey, bounded and described as
 follows:
   Commencing at the southwest corner of Lot 67, also being the southeast
 corner of said Lot 73; Thence northerly along the east line of said  Lot
 73, a distance of 955.95 to a point; Thence westerly along a line making
 an  angle  to  the  left  of 268° 03' with the last mentioned course and
 along the south line of lands conveyed by a deed recorded  in  the  Erie
 County Clerks Office in Liber 10957 of Deeds at Page 7085, a distance of
 383.60  feet  to  the  southwest  corner  of said Liber 10957 Page 7085;
 Thence continuing westerly along the last mentioned course,  a  distance
 of 66.08 to the Principal Point of Beginning; Thence continuing westerly
 along  the  last  mentioned  course,  a  distance  of 478.99 feet to the
 centerline of Millersport  Highway  (width  varies)  formerly  New  Home

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

                                                            LBD11605-04-7

 A. 7888--A                          2
 
 Bridge  and Skinnerville Road, also known as Amherst Manor Drive; Thence
 northeasterly along the centerline of said Millersport Highway and along
 a line making an interior angle of 63° 14' 13" with the  last  mentioned
 course,  a  distance  of 488.82 feet to a point, said point being 414.08
 feet south of the southwest corner of Parcel VIII of lands conveyed by a
 deed recorded in the Erie County Clerk's Office in Liber 6754  of  Deeds
 at  Page  511;  Thence easterly along a line at right angles to the last
 mentioned course, a distance of 50.41 feet  to  a  point  of  curvature;
 Thence  along a curve to the left having a radius of 350.00 feet, an arc
 distance of 191.97 feet; Thence southerly along a line parallel with the
 west line of said Liber 10957 Page 7085, a distance of  378.44  feet  to
 the point or place of beginning, to the right of way of said Millersport
 Highway.
   Containing 2.950 acres, more or less.
   §  4.  Prior  to  the  discontinuance  and  alienation of the parkland
 described in section three of this act, the town of Amherst shall  dedi-
 cate as parkland such land described as follows:
   ALL  THAT  PARCEL  OR  TRACT  OF LAND, situate in the Town of Amherst,
 County of Erie and State of New York, being Part of  Lot  101,  Township
 12,  Range  7 of the Holland Land Company's Survey and more particularly
 described as follows:
   Beginning at a point on the Westerly line of Lot 101, distant  1077.58
 feet Southerly from the Northerly line of said Lot 101 as measured along
 the  said  Lot  line;  Thence  South 89°-48'-53" East, parallel with the
 Northerly line of Lot 101 and also along the  Southerly  line  of  Lands
 conveyed  to William Shadewell by Zebulon Ketchum on January 15, 1847, a
 distance of 1,250.3 feet+/- to the  centerline  of  Gott  Creek;  Thence
 Southeasterly  along  the  centerline  of said Gott Creek also being the
 Westerly line of subdivision entitled "The Meadows of Amherst"  recorded
 in  the  Erie  County Clerk's Office under Map Cover 2549, a distance of
 1,040.5 feet+/-; Thence North 89°-48'-53" West, parallel with the North-
 erly line of Lot 101, a distance of 1769.1 feet+/- (measured) -  1769.40
 feet  (deed) to the Westerly line of Lot 101, also being on the Easterly
 line of subdivision entitled "Golden Gate Subdivision" (Phase  IV,  Part
 I)  and recorded in the Erie County Clerk's Office under Map Cover 2752;
 Thence North 00°-02'-49" West, along the said Westerly line of  Lot  101
 and along the Easterly line of said Map Cover 2752, a distance of 720.53
 feet (Measured) - 720.46 feet (Deed) to the point of Beginning.
   Containing 26.62 Acres of Land more or less.
   §  5.  In the event that the parklands to be acquired and dedicated by
 the town of Amherst pursuant to this act are not  of  equal  or  greater
 fair  market value to the parklands to be discontinued and conveyed, 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 the additional parklands and/or for capital  improvements
 to existing park and recreational facilities.
   §  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 conveyance of parkland authorized by
 the provisions of this act shall not occur until the town of Amherst 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

 A. 7888--A                          3
 
 substitution of other lands shall be equivalent in fair market value and
 recreational usefulness to the lands being alienated or converted.
   § 7. This act shall take effect immediately.