S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8340
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2019
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to authorize the town of Amherst, county of Erie, to alienate and
   discontinue the use of certain parklands
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subject to the provisions of this act, the town of Amherst,
 in the county of Erie, acting by and through its governing body and upon
 such  terms and conditions as determined by such body, is hereby author-
 ized to discontinue as parklands and alienate  the  lands  described  in
 section  three  of this act for the purpose of establishing a privately-
 developed project to include new recreational facilities, a sports medi-
 cine complex, and senior housing.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that the town  of  Amherst  dedicates  an
 amount  equal  to or greater than the fair market value of the parklands
 being discontinued towards the acquisition of new parklands and/or capi-
 tal improvements to existing park and recreational facilities.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated are 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 Lots 61, 67 and  73,
 Township  12,  Range  7  of  the Holland Land Company's Survey and being
 further described as follows:
 Commencing at the southwest corner of said Lot 67, also being the south-
 east corner of Lot 73; Thence northerly along the east line of said  Lot
 73, a distance of 922.34 feet to the POINT OF BEGINNING; Thence continu-
 ing  northerly  along said east line of Lot 73, a distance of 33.61 feet
 to a point; Thence westerly at an interior angle  of  268°  03'  00",  a
 distance of 449.68 feet to a point; Thence northerly along a line paral-
 lel  with  the  west  line of lands conveyed by a deed filed in the Erie

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

                                                            LBD13386-01-9

 A. 8340                             2
 
 County Clerk's Office in Liber 10957 of Deeds at Page 7085, 378.44  feet
 to  a  point; Thence westerly along a curve to the right having a radius
 of 350.00 feet, an arc distance of 191.97 feet to a point  of  tangency;
 Thence  westerly  along  a  line  at  right  angles to the centerline of
 Millersport Highway (at its former location), formerly  known  as  Skin-
 nersville Road and New Home Bridge, 50.41 feet to a point in the center-
 line;  Thence  northeasterly along said centerline, a distance of 414.08
 feet to the southwest corner of Parcel VIII as described in a deed filed
 in the Erie County Clerk's Office in Liber 6754 of Deeds  at  Page  511;
 Thence  southeasterly  along  the  southerly line of said Parcel VIII, a
 distance of 350.00 feet to the southeasterly corner of said Parcel VIII;
 Thence northeasterly parallel with Millersport Highway,  a  distance  of
 125.00  feet  to  the  northeasterly  corner of said Parcel VIII; Thence
 southeasterly at an interior angle of 95° 44' 05", a distance of  121.73
 feet  to  a  point  in the east line of said Lot 73, also being the west
 line of Lot 67; Thence northerly along said  east  line  of  Lot  73,  a
 distance of 266.85 feet to a point; Thence easterly at an interior angle
 of  92° 16' 04", a distance of 3307.86 feet to a point; said point being
 567 feet west of the east line of said Lot 67; Thence southerly along  a
 line  at  right  angles  to Maple Road (width varies, originally 85 feet
 wide) about 1738 feet to a point in the northerly  line  of  said  Maple
 Road, said point being 490.15 feet west of the east line of said Lot 67;
 Thence  westerly  along the north line of said Maple Road, a distance of
 351 feet to a point; Thence northerly along a line at  right  angles  to
 said  Maple  Road,  a  distance  of 688 feet to a point; Thence westerly
 along a line parallel with the south line of said Lot 67 and  along  the
 northerly line of Map cover 2268 and an extension there of a distance of
 2917.78  feet  to  the  point  of  beginning. The above description is a
 compilation of Liber 6754 Page 515, Parcel 8 and part of Parcels 5  thru
 7  and  part of Parcel 9 with Parcel 8 being supplemented by Liber 10922
 Page 6161 and the 2.95  acre  parcel  being  previously  alienated  from
 Parcel 8. Total of 93 acres of parkland.
   §  4.  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 alienation of such parkland  author-
 ized  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 secre-
 tary of the interior 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 usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.