Senate Bill S1112A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1112--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 in relation to authorizing the county of Cattaraugus  to  discon-
   tinue  as  parklands and lease certain reforested lands in the town of
   Perrysburg
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  (a)  Subject to the provisions of this act, the county of
 Cattaraugus acting through its legislative body, is hereby authorized to
 discontinue the use of and lease for a term not exceeding  thirty  years
 certain  parcels  of  reforested  land  in  the town of Perrysburg, more
 particularly described in section two of this act, upon  the  terms  and
 conditions contained in this act, for the purpose of aiding in discover-
 ing and removing oil and/or gas from such reforested land and adequately
 planting,  fencing,  and otherwise maintaining such land for purposes of
 watershed protection, development of oil and gas  retrieval,  production
 of  timber  and  forest  products,  and  recreation and kindred purposes
 pursuant to section 219 of the county law.
   (b) Any revenues received by the county of Cattaraugus from the  lease
 of  such land shall be used for capital improvements of existing park or
 recreational facilities and/or the acquisition  of  additional  park  or
 recreational facilities.
   §  2.  The  lands authorized to be leased by the county of Cattaraugus
 pursuant to  section  one  of  this  act,  designated  as  Tax  Map  No.
 2.003-1-20, shall be described as follows:
   (a)  That  tract or parcel of land, situate in the Town of Perrysburg,
 County of Cattaraugus and State of New York, distinguished by being part
 of Lot 16, Town 6, Range 9 of the Holland Land Company's survey, bounded
 and described as follows: Beginning at a point on the south line of  Lot

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01673-03-3
              

 S. 1112--A                          2
 
 16, which point is 2,258.24 feet west of the southeasterly corner of Lot
 16;  thence  north parallel with the west line of Lot 16, 1,160.28 feet;
 thence east on a line parallel with the south bounds of  Lot  16.  739.2
 feet;  thence  southeasterly  at  an  interior angle of 119o 21', 981.81
 feet; thence east at an exterior angle of 119o 21', 790.6  feet  to  the
 center  of  the  public  highway  commonly  known as Easton Road; thence
 southeasterly along the center of said  highway  or  public  road  66.18
 feet;  thence  west  on  a line parallel to the south bounds of said lot
 1,780 feet; thence south 232.98 feet to the  south  bounds  of  Lot  16,
 thence west on the south bounds of said lot, 286.44 feet to the point of
 beginning, containing 23.73 acres more or less.
   (b)  Also  all that other tract or parcel of land, situate in the Town
 of Perrysburg, County of Cattaraugus and  State  of  New  York,  distin-
 guished  by being a part of lot number 16, in the 6th town and 9th range
 of the Holland Land Company's survey, and bounded as follows:  Beginning
 on  the  north  line  of parcel D of lands conveyed to Vernon Croker and
 Harold Croker by Warranty Deed  recorded  in  the  Cattaraugus    County
 Clerk's  Office in Liber 555 of Deeds at Page 290 on March 2, 1956, at a
 point 1680.6 feet east of the center line of  North  Road  (said  center
 line  of North Road being the west line of said Lot 16) ; thence easter-
 ly, along the north line of the above mentioned Deed, 1169.94 feet to  a
 stake at the northeast corner of lands conveyed by above mentioned Deed;
 thence  southerly  along  the  east  line  of  lands  conveyed  by above
 mentioned Deed and parallel to the west line of lot 16, 1160.28 feet  to
 the  southeast  corner of lands conveyed by above mentioned Deed; thence
 westerly along the south bounds of  land  conveyed  by  above  mentioned
 Deed,  1169.94  feet to a stake; thence north, parallel to the west line
 of Lot 16, 1160.28 feet to the point or place of  beginning,  containing
 31 acres, more or less.
   (c)  Also  all that other tract or parcel of land, situate in the Town
 of Perrysburg, County of Cattaraugus and  State  of  New  York,  distin-
 guished  by  being part of Lot 16 in Town 6, Range 9 of the Holland Land
 Company's survey, bounded and described as follows: Beginning at a point
 in the south bounds of Lot 16 which point is 2,014.3 feet measured along
 the south bounds of Lot 16 and an extension thereof from the center line
 of the public highway commonly known as Eaton Road; thence  north  on  a
 line parallel to the west bounds of Lot 16 232.98 feet; thence east on a
 line  parallel to the south bounds of said lot 935 feet; thence south on
 a line parallel to the west bounds of Lot 16 232.98 feet  to  the  south
 bounds  of Lot 16; thence west along the south bounds of Lot 16 935 feet
 to the point of beginning containing 5 acres, be the same more or less.
   (d) Also all that other tract or parcel of land, situate in  the  Town
 of  Perrysburg,  County  of  Cattaraugus  and State of New York, distin-
 guished by being part of Lot 15 in Town 6, Range 9 of the  Holland  Land
 Company's  Survey bounded and described as follows: Beginning at a point
 in the north bounds of Lot 15 which point is 2014.3 feet measured  along
 the south bounds of Lot 16 and an extension thereof from the center line
 of  the  public  highway commonly known as Eaton Road; thence south on a
 line parallel with the west bounds of Lot 15 400 feet; thence west on  a
 line  parallel to the north bounds of lot 15 435.6 feet; thence north on
 a line parallel to the west bounds of Lot  15  400  feet  to  the  north
 bounds  of  Lot  15;  thence east along the north bounds of Lot 15 435.6
 feet to the point of beginning containing 4 acres, be the same  more  or
 less.
   Said tract of lands containing a total of 63.73 acres, more or less.
 S. 1112--A                          3
 
   § 3. Should the lands described in section two of this act cease to be
 used  for the purposes described in section one of this act, those lands
 shall revert to the county of Cattaraugus for the purposes described  by
 section 219 of the county law.
   §  4.  The  land to be leased pursuant to this act, and all structures
 and facilities situated on such land, shall be maintained, and  operated
 by the lessee for the purposes described in section one of this act. The
 use  of such parkland and facilities shall continue to be made available
 to the general public, including all residents of the county  of  Catta-
 raugus. Where the availability of such facilities is limited, the use of
 such facilities must be determined by an equitable method which provides
 priority  use  to  the  general public based on a reservation policy for
 free or for a nominal charge.
   § 5. In the event that the county of Cattaraugus received any funding,
 support, or assistance from the federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in section two of
 this  act, the discontinuance and alienation of such parkland authorized
 by the provisions of this act shall not occur until the county of Catta-
 raugus 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 ensure
 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.