S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6285
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT in relation to authorizing the town of Amherst in the  county  of
   Erie  to discontinue the use of certain lands as parklands and to sell
   such lands and dedicate other lands as 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,
 county  of Erie is hereby authorized to discontinue use of certain park-
 lands within what is commonly known as the Audubon Recreational  Complex
 more  particularly  those  lands described in section three of this act,
 and to sell and convey in fee simple for its fair market value and  upon
 such  terms and conditions as to the town of Amherst it is deemed appro-
 priate.
   § 2. The authorization provided for in section one of this  act  shall
 be  subject  to  the  requirement that upon alienation of the lands more
 particularly described in section three of this act, the town of Amherst
 shall dedicate all proceeds from the sale of said lands for the acquisi-
 tion of land of equal or greater fair market value that shall  be  dedi-
 cated  as  parkland.  In the event any proceeds of the sale of the lands
 specified in section three  shall  remain,  or  if  appropriate  parcels
 cannot  be identified after a diligent search, the town of Amherst shall
 only use said proceeds for  the  capital  improvements  of  existing  or
 future park facilities in the town of Amherst.
   §  3.  The  lands  referred to in section one of this act are located,
 bounded and described as follows:
   ALL THAT TRACT OR PARCEL OF LAND, situate  in  the  Town  of  Amherst,
 County  of  Erie,  State  of New York, being Part of Lots 61, 67 and 73,
 Township 12, Range 7 of the Holland Land Company's Survey  more  partic-
 ularly bounded and described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13132-01-9
              

 S. 6285                             2
 
   COMMENCING  at  the  southwest  corner  of said Lot 67, also being the
 southeast 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
 continuing 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
 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 2242.86 feet to a point; said point being
 1332 feet west of the east line of said Lot 67; Thence northerly along a
 line parallel with the east line of said Lot 67,  1319.75  feet  to  the
 south  line of lands conveyed by a deed filed in the Erie county clerk's
 office in liber 1085 of deeds at page  73;  Thence  easterly  along  the
 south  line  of  said  Liber 1085 page 73, 1330.39 feet to the southeast
 corner of said Liber 1085 Page 73 and the east line of said Lot 67, said
 point being 666.85 feet south of the northeast corner of  said  Lot  67;
 Thence southerly along the east line of said Lot 67 and the west line of
 Lot  61,  1633.85  feet  to  a point 1691.58 feet north of the southeast
 corner of said Lot 61; Thence easterly along a line  parallel  with  the
 south  line  of said Lot 61, 2371.5 feet to a point in the centerline of
 North Forest Road (49.50 feet wide); Thence southerly along the  center-
 line  of  said North Forest Road, about 1010 feet to a point 680.46 feet
 north of the south line of said Lot 61; Thence westerly along the  north
 line of lands conveyed by a deed filed in the Erie county clerk's office
 in  Liber  1309  off deeds at page 28 and along a line parallel with the
 south line of said Lot 61 about 986 feet to a point in the centerline of
 Ellicott Creek; Thence southeasterly along the centerline of said  Elli-
 cott Creek about 550 feet to a point 374 feet north of the south line of
 said  Lot  61 and 1850 feet east of the west line of said Lot 61; Thence
 southerly along a line parallel with the  west  line  of  said  Lot  61,
 253.71  feet  to  a  point  in  the north line of said Maple Road (width
 varies, originally 85 feet wide); Thence westerly along the  north  line
 of  said  Maple Road, about 2691 feet to a point 841.15 feet west of the
 east line of said Lot 67; Thence northerly along a line at right  angles
 to  said  Maple  Road, 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.
   ALL  THAT  TRACT  OR  PARCEL  OF LAND, situate in the Town of Amherst,
 County of Erie, State of New York, being Part of Lots 67 and  66,  Town-

 S. 6285                             3

 ship  12, Range 7 of the Holland Land Company's Survey and being further
 described as follows:
   BEGINNING  at  the  point of intersection of the south right of way of
 Maple Road (width varies, originally 85 feet wide) with the east line of
 Lot 67; Thence westerly along the south right of way of said Maple Road,
 a distance of 465.00 feet to the northeast corner  of  Map  Cover  1784;
 Thence  southerly  along the east line of said Cover 1784, a distance of
 219.02 feet to the southeast corner of said cover 1784; Thence  westerly
 along  the south line of said Cover 1784, a distance of 150.00 feet to a
 point; Thence southerly along a line drawn parallel  with  the  easterly
 line  of  said  Lot  66,  a  distance of 1621.51 feet to a point; Thence
 southeasterly in a direct line, a distance of 218.64 feet more  or  less
 to  a point 465 feet westerly from the easterly line of said Lot 66 in a
 line drawn westerly at a northwesterly angle of 92° 20'  30"  with  said
 easterly  line  of said Lot 66, which is 1847.34 feet southerly from the
 northeasterly corner of said Lot 66; Thence  easterly  along  said  line
 drawn at a northwesterly angle of 92° 20' 30" with said easterly line of
 said  Lot  66, a distance of 465 feet to a point in the easterly line of
 said Lot 66; Thence northerly along the easterly line of said Lot 66 and
 67, a distance of 1996.67 feet to the point or place of beginning.
   The above descriptions are a  compilation  of  Liber  6754  page  515,
 Parcels  1  thru 12 with Parcel 8 being supplemented by Liber 10922 page
 6161 and the 2.95 acre parcel being previously alienated from Parcel 8.
   § 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.