S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6213
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT in relation to authorizing the town of Webster, county of Monroe,
   to  alienate  certain  lands  used as parkland and to dedicate certain
   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 Webster,
 county  of  Monroe,  acting by and through its governing body, is hereby
 authorized to discontinue the use of parklands and alienate  such  lands
 more  particularly described in section three of this act, to the county
 of Monroe, for the purpose of fulfilling and assisting the completion of
 REDI Project MO.56 Lake Road Retirement Project,  and  upon  such  other
 terms  and conditions as determined by the governing body of the town of
 Webster.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the condition that the county of Monroe convey to
 the town of Webster and that the town of Webster  acquire  and  dedicate
 the  lands  described in section four of this act as parklands, provided
 that the town of Webster has never used such lands for public open space
 or park purposes.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parklands are described as follows:
   All that tract or parcel of land  containing  16,970  square  feet  or
 0.389  acres  more  or  less, situated in the town of Webster, county of
 Monroe, state of New York,  and  being  more  particularly  bounded  and
 described as follows:
   Commencing  at  a  point on the northerly right-of-way of lake road, a
 variable width right-of-way, at its intersection with the westerly  line
 of  lands  now  or  formerly  Kenneth  J.  &  Linda  M.  Lill (tax acct.
 063.060-001-003.1) and the easterly line of lands now or formerly of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09077-01-1

 A. 6213                             2
 
 town of Webster (tax acct. 063.090-001-078.13); thence,  south  62°  49'
 52"  west, along said right-of-way line, a distance of 20.28 feet to the
 point of beginning; thence, south 52° 10' 06" west along said  right-of-
 way,  a  distance  of  296.82 feet to a point; thence, south 56° 41' 34"
 west along said right-of-way, a distance of  315.18  feet  to  a  point;
 thence, departing the right-of-way of lake road through the lands now or
 formerly  of  the  town of webster in a northeasterly direction, along a
 non-tangent curve to the left, having  a  radius  of  897.04  feet,  arc
 length  of  132.73  feet, delta 8° 28' 40", to a point of reverse curva-
 ture, said curve having a chord bearing of north 45°56'52"  east  and  a
 chord  distance  of  132.61  feet; thence, in a northeasterly direction,
 along a non-tangent curve to the right, having a radius of 780.00  feet,
 arc  length  of  281.07 feet, delta 20° 38' 48", to a point of tangency;
 said curve having a chord bearing of north 52°30'31" east  and  a  chord
 distance  of  279.55 feet; thence, north 62° 49' 52" east, a distance of
 203.14 feet to the point and place of  beginning,  hereby  intending  to
 describing  a portion of lands now of formerly of the town of Webster to
 be dedicated for highway purposes.
   § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
 described in section three of this act, the county of Monroe shall dedi-
 cate  as  parklands  such  land described as follows:  All that tract or
 parcel of land containing 21,141 square feet  or  0.462  acres  more  or
 less,  situated  in  the town of Webster, county of Monroe, state of New
 York, and being more particularly bounded and described as follows:
   Commencing at a point on the northerly right-of-way of  lake  road,  a
 variable  width right-of-way, at its intersection with the westerly line
 of lands now  or  formerly  Kenneth  J.  &  Linda  M.  Lill  (tax  acct.
 063.060-001-003.1) and the easterly line of lands now or formerly of the
 town  of  Webster  (tax acct. 063.090-001-078.13); thence, south 11° 48'
 17" east through the right-of-way of lake road, a distance of 72.12 feet
 to a point on the southerly right-of-way of  lake  road  at  its  inter-
 section  with  the easterly line of lands now or formerly of the town of
 webster (tax acct.   063.090-001-037) and point  of  beginning;  thence,
 along the southerly right-of-way of lake road the following courses in a
 southwesterly  direction, along a non-tangent curve to the right, having
 a radius of 2257.59 feet, arc length of 97.36 feet, delta 2° 28' 15", to
 a point of  tangency,  said  curve  having  a  chord  bearing  of  south
 51°18'15" west and a chord distance of 97.35 feet; thence, south 52° 32'
 22" west, a distance of 63.72 feet to a point; thence, south 55° 13' 14"
 west,  a  distance  of 444.76 feet to a point; thence, north 42° 11' 01"
 east departing the southerly right-of-way through  the  right-of-way  of
 lake road, a distance of 150.40 feet to a point of curvature; thence, in
 a  northeasterly direction, along a tangent curve to the right, having a
 radius of 720.00 feet, arch length of 259.45 feet, delta 20° 38' 48", to
 a point of tangency; thence, north 62°  49'  52"  east,  a  distance  of
 107.56  feet  to  a point; thence, north 68° 27' 49" east, a distance of
 97.22 feet to the point of beginning, hereby intending to  describing  a
 portion of Lake Road, a variable width public right-of-way, to be alien-
 ated.
   §  5.  In  the  event  that  the  fair  market  value of the parklands
 described in section four 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

 A. 6213                             3

 dedicated  for  the  acquisition  of additional parklands and/or capital
 improvements to existing park and recreational facilities.
   §  6.  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.
   § 7. This act shall take effect immediately.