Bill Text: NY A06724 | 2011-2012 | General Assembly | Amended


Bill Title: Authorizes Schuyler county to convey an easement through land located in Seneca Harbor Park to enable access to lakefront development.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-20 - substituted by s4267b [A06724 Detail]

Download: New_York-2011-A06724-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4267--B                                            A. 6724--B
           Cal. No. 674
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    March 25, 2011
                                      ___________
       IN  SENATE -- Introduced by Sen. O'MARA -- read twice and ordered print-
         ed, and when printed to be committed  to  the  Committee  on  Cultural
         Affairs, Tourism, Parks and Recreation -- reported favorably from said
         committee,  ordered  to  first  and  second report, ordered to a third
         reading, amended and ordered reprinted, retaining  its  place  in  the
         order of third reading -- again amended and ordered reprinted, retain-
         ing its place in the order of third reading
       IN  ASSEMBLY  -- Introduced by M. of A. FRIEND -- read once and referred
         to the Committee on Local Governments --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- again reported from said  committee  with  amendments,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to authorize the county of Schuyler to convey an easement through
         land located in the county's Seneca Harbor Park
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The county of Schuyler, acting by and  through  its  county
    2  legislature,  is  hereby authorized to convey by appropriate instruments
    3  to Doris and Henry F. Lembeck IV, an easement located in  Seneca  Harbor
    4  Park  and  described  in  section  three of this act, for the purpose of
    5  enabling access to lakefront development.
    6    S 2. The authorization provided in section one of this  act  shall  be
    7  effective  only  upon  the condition that the county of Schuyler acquire
    8  and dedicate as parkland the lands described in  section  four  of  this
    9  act.  In  the event that the land to be dedicated is less in fair market
   10  value to the easement being  granted,  the  county  shall  dedicate  the
   11  difference  to  either  the  acquisition of new parklands and/or capital
   12  improvements to existing park and recreational facilities.
   13    S 3. The easement to be conveyed by the county of Schuyler pursuant to
   14  section one of this act is described as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09718-06-1
       S. 4267--B                          2                         A. 6724--B
    1    ALL THAT TRACT OR PARCEL OF LAND situate in  the  Village  of  Watkins
    2  Glen, County of Schuyler and State of New York, bounded and described as
    3  follows:
    4    Beginning  at  a  point  at  the  southeasterly corner of lands now or
    5  formerly owned by County of Schuyler (L. 266, P. 210), said  point  also
    6  described as being the northeasterly corner of Porter Street;
    7    Thence  N87 02'02"W,  along the dividing line between Porter Street on
    8  the south and the aforesaid lands of County of Schuyler on the north,  a
    9  distance of 65.99 feet to a point;
   10    Thence;  N31 49'51"E,  through lands of County of Schuyler, a distance
   11  of 140.32 feet to a point on the easterly boundary of lands of County of
   12  Schuyler;
   13    Thence S03 46'57"W, along said easterly boundary of lands of County of
   14  Schuyler, a distance of 122.90 feet to the point of beginning;  contain-
   15  ing 0.093 acre or 4.054 square feet, more or less.
   16    S  4.  The land to be dedicated as parkland pursuant to section two of
   17  this act is described as follows:
   18    ALL that tract or parcel of land situate in Town  of  Dix,  County  of
   19  Schuyler  and  State  of  New  York  being more particularly bounded and
   20  described as follows: Beginning at a Point located along  the  Southerly
   21  shore  of Seneca Lake, said point being a North-easterly corner of lands
   22  now or formerly of the County of Schuyler  (Liber  377  of  Deeds,  page
   23  298),  and  a  North-westerly  corner  of  lands  now or formerly of the
   24  Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
   25    1.) South 02 degrees 36 minutes 13 seconds West along a division  line
   26  between  said  lands  of the County of Schuyler to the West and lands of
   27  the Village of Watkins Glen to the East for a distance of 11.25 feet  to
   28  a point; Thence
   29    2.)  South 73 degrees 38 minutes 23 seconds West through said lands of
   30  the County of Schuyler for a distance of 13.83 feet to a point; Thence
   31    3.) North 02 degrees 36 minutes 13  seconds  East  continuing  through
   32  said  lands  of the County of Schuyler for a distance of 12.46 feet to a
   33  point located along the Southerly shore of Seneca Lake; Thence
   34    4.) North 78 degrees 29 minutes 52 seconds  East  for  a  distance  of
   35  13.48 feet to the Point or Place of Beginning.
   36    Containing 0.004  acres (or 155   square feet), all as shown on a "Map
   37  of  Lands  Being  Conveyed  Between  the Village of Watkins Glen and the
   38  County of Schuyler" (10141.SM1), prepared by Thomas G. Merrill,  Profes-
   39  sional Land Surveyor, dated July 22, 2010.
   40    ALL  that  tract  or  parcel of land situate in Town of Dix, County of
   41  Schuyler and State of New  York  being  more  particularly  bounded  and
   42  described  as  follows: Beginning at a Point located along the Southerly
   43  shore of Seneca Lake, said point being a North-easterly corner of  lands
   44  now  or  formerly  of  the  County of Schuyler (Liber 377 of Deeds, page
   45  298), and a North-westerly corner  of  lands  now  or  formerly  of  the
   46  Village of Watkins Glen (Liber 306 of Deeds, page 543); Thence
   47    1.)  North  78  degrees  36  minutes 20 seconds East for a distance of
   48  22.18 feet to a point, said point being a North-easterly corner of Lands
   49  now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
   50  543), and a North-westerly corner  of  lands  now  or  formerly  of  the
   51  Village of Watkins Glen (Liber 323 of Deeds, page 569); Thence
   52    2.)  South  21  degrees  36 minutes 20 seconds East along the division
   53  line between said lands of the Village of Watkins Glen for a distance of
   54  8.76 feet to a point; Thence
   55    3.) South 73 degrees 38 minutes 23 seconds West through said lands  of
   56  the  Village  of  Watkins  Glen  (Liber  306  of  Deeds, page 543) for a
       S. 4267--B                          3                         A. 6724--B
    1  distance of 26.55 feet to a point located an Easterly line of lands  now
    2  or  formerly  of  the County of Schuyler (Liber 377 of Deeds, page 298);
    3  Thence
    4    4.)  North  02  degrees 36 minutes 20 seconds East along said Easterly
    5  line of lands of the County of Schuyler for a distance of 11.25 feet  to
    6  the Point or Place of Beginning.
    7    Containing  0.005  acres (or 237  square feet), all as shown on a "Map
    8  of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
    9  County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
   10  sional Land Surveyor, dated July 22, 2010.
   11    ALL that tract or parcel of land situate in Town  of  Dix,  County  of
   12  Schuyler  and  State  of  New  York  being more particularly bounded and
   13  described as follows: Beginning at a Point located along  the  Southerly
   14  shore  of Seneca Lake, said point being a North-easterly corner of lands
   15  now or formerly of the Village of Watkins Glen (Liber 306 of Deeds, page
   16  543), and a North-westerly corner of other lands now or formerly of  the
   17  Village of Watkins Glen (Liber 323 of Deeds, page 567); Thence
   18    1.)  North  78  degrees  34  minutes 12 seconds East for a distance of
   19  88.07 feet to a point, said point; Thence
   20    2.) North 64 degrees 00 minutes 30 seconds East for a distance of 8.23
   21  feet to a point; Thence
   22    3.) South 86 degrees 21 minutes 39 seconds  East  for  a  distance  of
   23  56.87 feet to a point; Thence
   24    4.)  South  66  degrees  15  minutes 31 seconds East for a distance of
   25  57.53 feet to a point; Thence
   26    5.) South 05 degrees 33 minutes 07 seconds  East  for  a  distance  of
   27  20.00  feet  passing  through  a point marked by a 5/8' steel rod with a
   28  survey cap, (hereafter referred to as a survey marker), said point being
   29  a North-westerly corner of lands now or formerly of Lembeck  (Liber  288
   30  of  Deeds,  page  143),  continuing on the same course for an additional
   31  20.22 feet for a combined distance of 40.22 feet to a point marked by  a
   32  survey marker; Thence
   33    Through said lands of the Village of Watkins Glen (Liber 323 of Deeds,
   34  page 569) the following seven (7) courses:
   35    6.)  North  49  degrees  55  minutes 31 seconds West for a distance of
   36  28.14 feet to a point marked by a survey marker; Thence
   37    7.) North 59 degrees 32 minutes 27 seconds  West  for  a  distance  of
   38  24.47 feet to a point marked by a survey marker; Thence
   39    8.)  North  13  degrees  51  minutes 22 seconds West for a distance of
   40  12.65 feet to a point marked by a survey marker; Thence
   41    9.) North 59 degrees 28 minutes 14 seconds  West  for  a  distance  of
   42  13.30 feet to a point; Thence
   43    10.)  North  19  degrees  41 minutes 48 seconds West for a distance of
   44  10.96 feet to a point; Thence
   45    11.) South 82 degrees 02 minutes 26 seconds West  for  a  distance  of
   46  129.49 feet to a point; Thence
   47    13.)  South  73  degrees  38 minutes 23 seconds West for a distance of
   48  15.39 feet to a point in the aforementioned division line between  lands
   49  of the Village of Watkins Glen and other lands of the Village of Watkins
   50  Glen; Thence
   51    14.)  North  21 degrees 36 minutes 20 seconds West along said division
   52  line for a distance of 8.76 feet to the Point or Place of Beginning.
   53    Containing 0.066  acres (or 2869  square feet), all as shown on a "Map
   54  of Lands Being Conveyed Between the Village  of  Watkins  Glen  and  the
   55  County  of Schuyler" (10141.SM1), prepared by Thomas G. Merrill, Profes-
   56  sional Land Surveyor, dated July 22, 2010.
       S. 4267--B                          4                         A. 6724--B
    1    S 5. The conveyance of the easement authorized by  the  provisions  of
    2  this  act shall not occur until the county of Schuyler has complied with
    3  any federal requirements pertaining to the alienation or  conversion  of
    4  parklands,  including  satisfying the secretary of the interior that the
    5  alienation  or  conversion complies with all conditions which the secre-
    6  tary of the interior deems necessary to assure that the substitution  of
    7  other  lands be equivalent in fair market value and recreational useful-
    8  ness to the lands being alienated or converted.
    9    S 6. This act shall take effect immediately.
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