NY State Senate Bill 2017-S6368A

Senate Bill S6368A

Signed By Governor

2017-2018 Legislative Session

Authorizing the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	signed chap.495
Dec 06, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly home rule request ordered to third reading rules cal.552 substituted for a7888a
Jun 15, 2017	referred to ways and means delivered to assembly passed senate home rule request ordered to third reading cal.1808
Jun 06, 2017	reported and committed to rules
May 24, 2017	print number 6368a
May 24, 2017	amend and recommit to local government
May 11, 2017	referred to local government

Votes

- Jun 15, 2017 - Floor Vote
  S6368A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Jun 15, 2017 - Rules Committee Vote
  S6368A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Young
  Jun 6, 2017 - Local Government Committee Vote
  S6368A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 6, 2017
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie

Bill Amendments

Original

A (Active)

2017-S6368 - Details

See Assembly Version of this Bill:: A7888
Law Section:: Erie County

2017-S6368 - Summary

Authorizes the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland.

2017-S6368 - Sponsor Memo

                                 BILL NUMBER:  S6368

 TITLE OF BILL :

An act authorizing the town of Amherst, county of Erie to alienate and
convey certain parcels of land used as parkland

 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 and to replace such
parkland with other town lands not currently 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 :

The Town of Amherst is fortunate to have a first class ice rink
complex that is enjoyed by both residents and visitors. As part of its
program, the facility hosts hockey tournaments and other activities.
The parcel to be alienated is located between the facility and
Millersport highway, and currently houses a storm retention pond that
is not utilized. The town is exploring whether this area might be a
suitable location to locate a hotel, which would complement the ice
facility and help to fund its maintenance and operation. The
replacement lands lie between two existing town parkland parcels and
would create a larger park area with enhanced benefit in controlling
drainage in that area of the town and better use as a park.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6368 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6368
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Local Government
 
 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
 Bridge  and Skinnerville Road, also known as Amherst Manor Drive; Thence

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

                                                            LBD11605-02-7

 S. 6368                             2
 
 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  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
 substitution of other lands shall be equivalent in fair market value and
 recreational usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.

2017-S6368A (ACTIVE) - Details

See Assembly Version of this Bill:: A7888
Law Section:: Erie County

2017-S6368A (ACTIVE) - Summary

Authorizes the town of Amherst, county of Erie to alienate and convey certain parcels of land used as parkland.

2017-S6368A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6368A

 TITLE OF BILL :  An act authorizing the town of Amherst, county of
Erie to alienate and convey certain parcels of land used as parkland

 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 and to replace such
parkland with other town lands not currently 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 :

The Town of Amherst is fortunate to have a first class ice rink
complex that is enjoyed by both residents and visitors. As part of its
program, the facility hosts hockey tournaments and other activities.
The parcel to be alienated is located between the facility and
Millersport highway, and currently houses a storm retention pond that
is not utilized. The town is exploring whether this area might be a
suitable location to locate a hotel, which would complement the ice
facility and help to fund its maintenance and operation. The
replacement lands lie between two existing town parkland parcels and
would create a larger park area with enhanced benefit in controlling
drainage in that area of the town and better use as a park.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE:

This act shall take effect immediately.

2017-S6368A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6368--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- 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
 
 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
 Bridge  and Skinnerville Road, also known as Amherst Manor Drive; Thence
 northeasterly along the centerline of said Millersport Highway and along

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11605-03-7

 S. 6368--A                          2
 
 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
 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.

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