Bill Text: NY A09675 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for the transfer of Onanda Park from the department of environmental conservation to the town of Canandaigua; requires property to be used for park purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-10-07 - signed chap.209 [A09675 Detail]

Download: New_York-2019-A09675-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9675

                   IN ASSEMBLY

                                    February 4, 2020
                                       ___________

        Introduced  by  M. of A. KOLB -- read once and referred to the Committee
          on Local Governments

        AN ACT providing for the transfer of Onanda Park from the department  of
          environmental conservation to the town of Canandaigua

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subject to the provisions of this act  but  notwithstanding
     2  any  other  provisions  of  law to the contrary, the commissioner of the
     3  department of environmental conservation is hereby authorized to  trans-
     4  fer  and  convey  to  the  town  of Canandaigua, in consideration of one
     5  dollar and upon such other terms and consideration as  the  commissioner
     6  of  the  department  of environmental conservation may deem appropriate,
     7  the state lands, and any and all  buildings  and  improvements  thereon,
     8  known  as  Onanda  Park,  located  in the town of Canandaigua, county of
     9  Ontario, and which are described more particularly  in  section  two  of
    10  this act.
    11    § 2. The lands authorized by section one of this act to be transferred
    12  and conveyed are as follows:
    13    ALL  THAT  TRACT OR PARCEL OF LAND situate in the town of Canandaigua,
    14  county of Ontario and state of New York, being part of town lot number 4
    15  of the academy tract in township number 9 in the third  range  of  town-
    16  ships  in  said county and being more particularly bounded and described
    17  as follows:
    18    BEGINNING in the southeasterly right of way line  of  West  Lake  Road
    19  (County Road Number 16) at an angle or jog in said right of way line and
    20  at  its intersection with the northerly line of premises conveyed to the
    21  Young Women's Christian Association of Rochester, NY by deed recorded in
    22  the Ontario County Clerk's office in liber 312 of deeds, page 58; thence
    23  (1) south 81° 46' 46" East, along said northerly line of  the  aforesaid
    24  premises  and  along  said jog in the southeasterly right-of-way line of
    25  said road, a distance of 9.26 feet  to  a  point  in  the  southeasterly
    26  right-of-way  line  of  that portion of West Lake Road extending towards
    27  the north; thence (2) South 81° 06' 20" East, along said northerly  line
    28  of the aforementioned premises, a distance of 544.23 feet, more or less,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13951-02-0
        A. 9675                             2

     1  to  the  shoreline  or  waters of Canandaigua lake; thence (3) generally
     2  southerly or southwesterly along the shoreline or waters of  Canandaigua
     3  lake a distance of 670.98 feet, more or less, to the southerly or south-
     4  westerly  line  of  the  aforesaid premises conveyed by deed recorded in
     5  said clerk's office in liber 312 of deeds, page 58, at  a  point  in  an
     6  existing  break  wall;  thence  (4)  North  62° 46' 29" West, along said
     7  southwesterly line of the aforesaid premises, a distance of 585.66  feet
     8  to an intersection with the southeasterly right-of-way line of West Lake
     9  Road  and  generally  opposite  the  intersection  of said road with the
    10  right-of-way of Barnes Road  extending  to  the  northwest;  thence  (5)
    11  generally  northeasterly  along  said southeasterly right of way line of
    12  West Lake Road on a circular arc of a curve to the right with  a  radius
    13  of 5,704.83 feet an arc distance of 255.69 feet to a point in said right
    14  of way line; thence (6) northeasterly along said right-of-way line meas-
    15  ured on a bearing of North 35° 16' 48" East a distance of 157.13 feet to
    16  the  point  or  place  of  beginning, being 7.079 acres of land, more or
    17  less.
    18    § 3. The description in section two of this act  of  the  land  to  be
    19  conveyed  is  not  intended to be a legal description but is intended to
    20  identify the parcel to be conveyed. As a condition of the purchase,  the
    21  town  of  Canandaigua may submit to the commissioner of general services
    22  and New York state attorney general, for his or her approval,  an  accu-
    23  rate  survey  and  description of the lands to be conveyed, which may be
    24  used in the conveyance thereof.
    25    § 4. The department of environmental conservation shall  not  transfer
    26  or  convey the aforesaid land unless application in a form acceptable to
    27  such department is made thereto by the town of  Canandaigua  within  one
    28  year after the effective date of this act.
    29    §  5.  Any  lands  transferred  pursuant to this act shall be used and
    30  maintained by the town of  Canandaigua  for  park  purposes  similar  to
    31  current uses, and shall be open and accessible to the general public. In
    32  the  event  the  town  of Canandaigua ceases to use the property, or any
    33  portion thereof, transferred pursuant to this  act  for  park  purposes,
    34  title to the lands so transferred shall revert to the state of New York.
    35    § 6. This act shall take effect immediately.