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.