Bill Text: NY S07276 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the town of Cortlandville to alienate and convey parkland and acquire other parcels of land to replace such parkland.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-08-07 - SIGNED CHAP.235 [S07276 Detail]

Download: New_York-2013-S07276-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7276--B
           Cal. No. 1131
                                   I N  S E N A T E
                                      May 9, 2014
                                      ___________
       Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Local  Government  --
         reported  favorably from said committee and committed to the Committee
         on Rules -- ordered to a third reading, amended and ordered reprinted,
         retaining its place in the order of third reading -- again amended and
         ordered reprinted, retaining its place in the order of third reading
       AN ACT authorizing the town of  Cortlandville,  county  of  Cortland  to
         alienate  and  convey  certain parcels of land used as parkland and to
         acquire other parcels of land to replace such parkland
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  town of Cortlandville, county of Cortland, is hereby
    2  authorized to discontinue as parklands, alienate and convey to  Gutchess
    3  Lumber Company the lands described in section three of this act.
    4    S 2. The authorization contained in section one of this act shall take
    5  effect  only  upon the condition that the town of Cortlandville dedicate
    6  an amount equal to or greater than the fair market value of the property
    7  being alienated in section three of this act toward acquisition of addi-
    8  tional parkland and/or capital improvements to existing parkland.
    9    S 3. The lands to be  discontinued  as  parklands  and  alienated  and
   10  conveyed  pursuant  to section one of this act are bounded and described
   11  as follows:
   12    Parcel I
   13    ALL that tract or parcel of land situate on the westerly side  of  New
   14  York state route  281 in Lot  83, town of Cortlandville, county of Cort-
   15  land  and  state  of  New  York  being bounded and described as follows:
   16  Beginning at a point on the westerly right-of-way  line  of  said  Route
   17  #281  at the northeast corner of lands conveyed to the town of Cortland-
   18  ville (R.O.) as filed in the Cortland County Clerk's Office in Liber 342
   19  of Deeds at Page 765; thence running N 62  37' 19" W along said  parcel,
   20  a  distance  of  183.05  feet to a point; thence running N 27  22' 41" E
   21  along said parcel, a distance of 200.0 feet to a point; thence running S
   22  62  37' 19" E along said parcel, a distance of 196.39 feet to a point on
   23  the westerly right of way line of NYS Route No. 281;  thence  running  S
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14917-03-4
       S. 7276--B                          2
    1  31   11'  35" W along said right of way a distance of 200.44 feet to the
    2  place of beginning and containing 0.86 acres of land.
    3    Also  conveying all rights, title and interest to the land lying east-
    4  erly of the above described premises to the centerline of NYS Route  No.
    5  281.
    6    Parcel II
    7    ALL that tract or parcel of land situate in the town of Cortlandville,
    8  county  of  Cortland and state of New York, being part of Lot 83 in said
    9  town, being bounded and described as follows: Beginning at  a  point  on
   10  the west right of way line of NYS Route 281, set at the northeast corner
   11  of  the parcel of land conveyed by Arthur Yacavone to F. Donald McGee by
   12  deed recorded in the Cortland County Clerk's  Office  in  Liber  310  of
   13  Deeds  at  Page 859; running thence North 62  37' 19" West a distance of
   14  409.17 feet to a steel pipe; thence running South 27   22'  41"  West  a
   15  distance  of  242.76  feet  to a point in the north line of Lamont Acres
   16  Tract; running thence North 85  21' 36" West a distance of  173.93  feet
   17  to a steel pipe set in the east line of lands owned by Gutchess; running
   18  thence  North  3  15' 40" East a distance of 545.0 feet to a steel pipe;
   19  running thence South 85  21' 36" East a distance of  404.54  feet  along
   20  the  south line of lands owned by Arthur B. Yacavone to a point; running
   21  thence South 62  53' 46" East a distance of 250.0 feet to an iron  pipe;
   22  running  thence  South  27   22'  41" West a distance of 200.0 feet to a
   23  steel pipe; running thence South running 62  37' 19" East a distance  of
   24  183.05 feet to a concrete monument set in the west line of the right-of-
   25  way  NYS  route  281;  running  thence South 32  57' 54" West along said
   26  right-of-way a distance of 145.66 feet to the point or place  of  begin-
   27  ning, containing 6.17 acres of land, more or less.
   28    Also,  all  the lands lying between the above described parcel of land
   29  and the center line of NYS Route No. 281 on the  east,  subject  to  the
   30  right of the public to use the same for street and highway purposes.
   31    S 4. The replacement lands to be acquired and dedicated by the town of
   32  Cortlandville,  county  of  Cortland,  to use as new parkland for public
   33  park purposes are described as follows:
   34    ALL that tract or parcel of land situated in  the  town  of  Cortland-
   35  ville, county of Cortland and state of New York bounded and described as
   36  follows:
   37    Beginning  at  a  point,  said  point being at the intersection of NYS
   38  Route 13 and Gracie Road;
   39    Thence North 11 degrees 24 minutes 00 seconds West for a  distance  of
   40  411.00 feet along the centerline of Gracie Road to a point;
   41    Thence  North  10 degrees 37 minutes 00 seconds West for a distance of
   42  871.00 feet along the centerline of Gracie Road to a point;
   43    Thence North 09 degrees 28 minutes 00 seconds West for a  distance  of
   44  120.50 feet along the centerline of Gracie Road to a point;
   45    Thence  North  04 degrees 03 minutes 00 seconds West for a distance of
   46  65.00 feet along the centerline of Gracie Road to a point;
   47    Thence North 07 degrees 06 minutes 00 seconds East for a  distance  of
   48  77.23 feet along the centerline of Gracie Road to a point;
   49    Thence  North  18 degrees 33 minutes 00 seconds East for a distance of
   50  76.35 feet along the centerline of Gracie Road to a point;
   51    Thence North 21 degrees 24 minutes 00 seconds East for a  distance  of
   52  260. 84 feet along the centerline of Gracie Road to a point;
   53    Thence  South  76 degrees 22 minutes 00 seconds East for a distance of
   54  315.09 feet to a point;
   55    Thence North 17 degrees 33 minutes 25 seconds East for a  distance  of
   56  248.72 feet to a point;
       S. 7276--B                          3
    1    Thence  South  80 degrees 03 minutes 20 seconds East for a distance of
    2  45.34 feet to a point;
    3    Thence  North  09 degrees 56 minutes 40 seconds East for a distance of
    4  125.00 feet to a point;
    5    Thence North 80 degrees 03 minutes 20 seconds West for a  distance  of
    6  225.00 feet to a point;
    7    Thence  South  84 degrees 54 minutes 55 seconds West for a distance of
    8  161.12 feet to a point along the centerline of Gracie Road;
    9    Thence North 03 degrees 52 minutes 25 seconds East for a  distance  of
   10  226.60 feet along the centerline of Gracie Road to a point;
   11    Thence  South  82 degrees 58 minutes 45 seconds East for a distance of
   12  968.88 feet to a point;
   13    Thence North 07 degrees 29 minutes 00 seconds East for a  distance  of
   14  601.97 feet to a point;
   15    Thence  South  82 degrees 21 minutes 10 seconds East for a distance of
   16  558.60 feet to a point;
   17    Thence South 08 degrees 17 minutes 48 seconds West for a  distance  of
   18  629.33 feet to a point;
   19    Thence  South  82 degrees 21 minutes 10 seconds East for a distance of
   20  407.97 feet to a point;
   21    Thence South 65 degrees 14 minutes 21 seconds West for a  distance  of
   22  370.64 feet to a point;
   23    Thence  South  07 degrees 22 minutes 44 seconds West for a distance of
   24  1019.77 feet to a point;
   25    Thence South 83 degrees 01 minutes 36 seconds East for a  distance  of
   26  218.99 feet to a point;
   27    Thence  South  18 degrees 01 minutes 56 seconds East for a distance of
   28  221.48 feet to a point along the centerline of N.Y.S. Route 13;
   29    Thence South 60 degrees 30 minutes 00 seconds West for a  distance  of
   30  349.00 feet along the centerline of N.Y.S. Route 13 to a point;
   31    Thence  South  66 degrees 46 minutes 00 seconds West for a distance of
   32  272.00 feet along the centerline of N.Y.S. Route 13 to a point;
   33    Thence South 68 degrees 00 minutes 00 seconds West for a  distance  of
   34  1213.00 feet along the centerline of N.Y.S. Route 13 to a point;
   35    Thence  South  69 degrees 26 minutes 00 seconds West for a distance of
   36  707.00 feet to the point and place of beginning, containing 101.73 acres
   37  of land, more or less.
   38    Together with and subject to covenants, easements, and restrictions of
   39  record.
   40    S 5. The parklands identified in  section  three  of  this  act  shall
   41  continue  to  be used as parkland until the replacement lands identified
   42  in section four of this act have  developed  park  facilities  open  for
   43  public use.
   44    S  6.  In  the  event  that  the lands to be acquired, as described in
   45  section four of this act, are not equal to or  greater  in  fair  market
   46  value  than  the lands being alienated, as described in section three of
   47  this act, the town of Cortlandville shall dedicate the difference in the
   48  fair market value for the acquisition of additional parklands and/or for
   49  capital improvements to existing park and recreational facilities.
   50    S 7. If the land that is the subject of this act has received  funding
   51  pursuant to the federal land and water conservation fund, the discontin-
   52  uance  of  parklands  authorized by the provisions of this act shall not
   53  occur until the municipality has complied with the federal  requirements
   54  pertaining  to  the  conversion  of  parklands, including satisfying the
   55  secretary of the interior  that  the  discontinuance  will  include  all
   56  conditions which the secretary of the interior deems necessary to assure
       S. 7276--B                          4
    1  the substitution of other lands shall be equivalent in fair market value
    2  and recreational usefulness to the lands being discontinued.
    3    S 8. This act shall take effect immediately.
feedback