Bill Text: NY A10371 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes the alienation of certain reforested lands in the town of Italy, county of Yates on the condition that certain other lands are dedicated as reforested land.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-11-11 - SIGNED CHAP.278 [A10371 Detail]

Download: New_York-2019-A10371-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10371--A

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
          Committee on Local Governments -- committee discharged, bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  authorizing  the  alienation of certain reforested lands in the
          county of Yates

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

     1    Section  1.  Notwithstanding  section  219  of  the  county law to the
     2  contrary, the county of Yates acting by and through its  governing  body
     3  and upon such terms and conditions as determined by such body, is hereby
     4  authorized  to  discontinue the use of lands described in section two of
     5  this act acquired for reforestation purposes for the purposes of  erect-
     6  ing,  operating  and  maintaining  a  public safety radio communications
     7  tower.  The authorization provided in this section  shall  be  effective
     8  only  upon  the  acquisition  by  the  county  of Yates of the parcel as
     9  described in section three of this act, which is currently vacant  prop-
    10  erty not used by the public for recreational or reforestation purposes.
    11    §  2.    The  lands  authorized to be alienated by the county of Yates
    12  pursuant to section one of this act are described as follows:
    13    ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
    14  Range III of the Phelps & Gorham Purchase, in the Town of Italy,  County
    15  of Yates, State of New York, bounded and described as follows:
    16    Beginning  at a point on the east line of the first or westerly subdi-
    17  vision of said Lot No. 28 and  the  west  line  of  lands  reputedly  of
    18  Cayward  (Liber  559 of Deeds, Page 243), said point being North 03° 15'
    19  East, 850 +/- feet from the intersection of said  east  subdivision  lot
    20  line and the south line of said Lot No. 28, at or near the centerline of
    21  Emerson  Road;  thence North 86° 45' West through lands of Yates County,
    22  120.0 feet to a point; thence North 03° 15' East on a line  parallel  to
    23  the  east line of said subdivision lot line through lands of Yates Coun-
    24  ty, 160.0 feet to a point; thence South 86° 45' East  through  lands  of
    25  Yates County, 120.0 feet to a point on the east line of said subdivision
    26  lot line and lands reputedly of Cayward; thence South 03° 15' West along
    27  the  east  line  of  said  subdivision  lot  line and lands reputedly of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16275-04-0
        A. 10371--A                         2

     1  Cayward, 160.0 feet to the point or place of  beginning,  comprising  an
     2  area of 0.441 acres more or less.
     3    Intending  to  describe  a  portion  of premises conveyed by Lester R.
     4  Platman, as Yates County Treasurer, to  the  County  of  Yates  by  deed
     5  recorded September 22, 1953 in Liber 170 of Deeds, Page 69.
     6    §  3.   The authorization provided in section one of this act shall be
     7  effective only upon the condition that on or before the  alienation  and
     8  conveyance  of lands described in section two of this act, the county of
     9  Yates  shall  acquire  and  dedicate  real  property  for  reforestation
    10  purposes,  of  equal  or  greater  fair  market value to the lands being
    11  alienated. In the event that the lands to be acquired by the  county  of
    12  Yates  for  reforestation purposes pursuant to this act are not equal to
    13  or greater than the fair market value of the lands to  be  alienated  by
    14  the  county  of  Yates, the county shall dedicate the difference between
    15  the fair market value of the lands to be alienated and the  fair  market
    16  value  of  the  lands  to  be acquired for the acquisition of additional
    17  lands for reforestation purposes. The additional  real  property  to  be
    18  acquired  and  dedicated  for reforestation purposes, being more partic-
    19  ularly bound and described as follows:
    20    ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
    21  Range III of the Phelps & Gorham Purchase, in the Town of Italy,  County
    22  of Yates, State of New York, bounded and described as follows:
    23    Beginning  at a point on the east line of the first or westerly subdi-
    24  vision of said Lot No. 28 and west line of lands  reputedly  of  Cayward
    25  (Liber 559 of Deeds, Page 243) at the intersection of said east subdivi-
    26  sion  lot  line  and  the  south line of said Lot No. 28, at or near the
    27  centerline of Emerson Road; thence North 03° 15' East  along  said  east
    28  subdivision  lot line and west line of lands now or formerly of Cayward,
    29  815 +/- feet to a point; thence South 86°  45'  East  through  lands  of
    30  Cayward,  25.0  feet  to  a  point;  thence South 03° 15' West on a line
    31  parallel to the east line of said subdivision lot line and west line  of
    32  lands  reputedly  of Cayward through lands of Cayward, 815 +/- feet to a
    33  point on the south line of said Lot No. 28 at or near the centerline  of
    34  Emerson Road; thence North 86° 45' West along the south line of said Lot
    35  No.  28,  25  +/- feet to the point or place of beginning, comprising an
    36  area of 0.468 acres more or less.  Intending to describe  a  portion  of
    37  premises  conveyed  by  Paul  Dale  Cayward  to  Paul Dale and Lourie J.
    38  Cayward by deed recorded May 21, 2007 in Liber 559 of  Deeds,  Page  243
    39  and  intended  to be conveyed to Yates County.  Subject to the rights of
    40  the public in and to lands referred to as Emerson Road, and  subject  to
    41  utilities and easements of record.
    42    §  4.  If  the  property described in section three of this act, shall
    43  ever be used for a purpose other than the purpose described  in  section
    44  one  of  this act, such land shall be restored to its original state and
    45  maintained as reforested lands in accordance with  section  219  of  the
    46  county law.
    47    § 5. This act shall take effect immediately.