S T A T E   O F   N E W   Y O R K
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                                   10238
 
                           I N  A S S E M B L Y
 
                               May 12, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lunsford) --
   read once and referred to the Committee on Local Governments
 
 AN ACT in relation to authorizing the town of Webster, county of Monroe,
   to  alienate  certain  lands  used  as parkland by the Candlewood Park
   District and to dedicate certain other lands as parklands for  use  by
   the Bear Creek Park District

   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 Webster,
 located in the county of Monroe, acting by  and  through  its  governing
 body  and  upon such terms and conditions as determined by such body, is
 hereby authorized to discontinue as parklands, alienate  the  lands  and
 divide  from the Candlewood park district more particularly described in
 section three of this act, creating a new park  district  consisting  of
 2.33  acres  of  land on Bear Creek Circle and designate and convey such
 land to the Bear Creek park district.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the town of Webster acquire and
 dedicate the lands described in section three of this act as parklands.
   § 3. The parklands authorized by section one of this act to be  alien-
 ated as parklands are described as follows:
   All  those  tracts or parcels of land situated in the Town of Webster,
 County of Monroe, State of New York, being individually and more partic-
 ularly bounded and described as follows:
   Commencing at a point on the southeast property corner  of  1086  Bear
 Creek  Circle having tax ID # 095.02-2-1, said point also being the west
 Right of Way line of Harris Road; thence S 89° 49' 44" W a  distance  of
 564.45± feet along the Webster Penfield border to the southwest property
 corner  of  1092 Bear Creek Circle, said point being the point and place
 of beginning; thence
   1. S 89° 49' 44" W continuing along  the  Webster  Penfield  border  a
 distance of 300.00± feet to a point; thence
   2. N 48° 25' 48" E a distance of 314.68± feet to a point; thence
   3. N 19° 6' 32" E a distance of 233.34± feet to a point; thence
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15662-02-2
 A. 10238                            2
 
   4. N 15° 4' 7" E a distance of 93.49± feet to a point; thence
   5. S 76° 24' 33" E a distance of 162.54± feet to a point; thence
   6.  N  73° 15' 27" E a distance of 388.38± feet to a point on the west
 Right of Way line of Harris Road; thence
   7. S 0° 9' 9" W a distance of 150.00± feet  to  a  point,  said  point
 being the northeast property corner of 1087 Bear Creek Circle; thence
   8.  N  89° 50' 51" W a distance of 404.43± feet to a point, said point
 being a northerly property corner of 1093 Bear Creek Circle; thence
   9. S 44° 43' 36" W a distance of 196.41± feet to a point,  said  point
 being a westerly property corner of 1095 Bear Creek Circle; thence
   10.  S  15° 36' 49" W a distance of 87.81± feet to a point, said point
 being the southwest property corner of 1095 Bear Creek Circle; thence
   11. S 0° 10' 16" E a distance of 219.32± feet along the west  property
 line of 1094 Bear Creek Circle to the point and place of beginning.
   §  4.  In  the  event  that  the  fair  market  value of the parklands
 described in section three of this act to be dedicated by  the  town  of
 Webster  pursuant  to this act are not equal to or greater than the fair
 market value of the parklands to be alienated as  described  in  section
 three  of this act, the town of Webster 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 additional parklands and/or capital
 improvements to existing park and recreational facilities.
   § 5. In the event that  the  town  of  Webster  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
 Webster  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.
   § 6. This act shall take effect immediately.