Bill Text: NY A01515 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the county of Cattaraugus to discontinue as parklands and lease certain reforested lands in the town of Perrysburg.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to local governments [A01515 Detail]

Download: New_York-2023-A01515-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1515--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A. J. M. GIGLIO -- 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  in relation to authorizing the county of Cattaraugus to discon-
          tinue as parklands and lease certain reforested lands in the  town  of
          Perrysburg

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

     1    Section 1. (a) Subject to the provisions of this act,  the  county  of
     2  Cattaraugus acting through its legislative body, is hereby authorized to
     3  discontinue  the  use of and lease for a term not exceeding thirty years
     4  certain parcels of reforested land  in  the  town  of  Perrysburg,  more
     5  particularly  described  in  section two of this act, upon the terms and
     6  conditions contained in this act, for the purpose of aiding in discover-
     7  ing and removing oil and/or gas from such reforested land and adequately
     8  planting, fencing, and otherwise maintaining such land for  purposes  of
     9  watershed  protection,  development of oil and gas retrieval, production
    10  of timber and forest  products,  and  recreation  and  kindred  purposes
    11  pursuant to section 219 of the county law.
    12    (b)  Any revenues received by the county of Cattaraugus from the lease
    13  of such land shall be used for capital improvements of existing park  or
    14  recreational  facilities  and/or  the  acquisition of additional park or
    15  recreational facilities.
    16    § 2. The lands authorized to be leased by the  county  of  Cattaraugus
    17  pursuant  to  section  one  of  this  act,  designated  as  Tax  Map No.
    18  2.003-1-20, shall be described as follows:
    19    (a) That tract or parcel of land, situate in the Town  of  Perrysburg,
    20  County of Cattaraugus and State of New York, distinguished by being part
    21  of Lot 16, Town 6, Range 9 of the Holland Land Company's survey, bounded
    22  and  described as follows: Beginning at a point on the south line of Lot
    23  16, which point is 2,258.24 feet west of the southeasterly corner of Lot

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01673-02-3
        A. 1515--A                          2

     1  16; thence north parallel with the west line of Lot 16,  1,160.28  feet;
     2  thence  east  on  a line parallel with the south bounds of Lot 16. 739.2
     3  feet; thence southeasterly at an interior  angle  of  119o  21',  981.81
     4  feet;  thence  east  at an exterior angle of 119o 21', 790.6 feet to the
     5  center of the public highway  commonly  known  as  Easton  Road;  thence
     6  southeasterly  along  the  center  of  said highway or public road 66.18
     7  feet; thence west on a line parallel to the south  bounds  of  said  lot
     8  1,780  feet;  thence  south  232.98  feet to the south bounds of Lot 16,
     9  thence west on the south bounds of said lot, 286.44 feet to the point of
    10  beginning, containing 23.73 acres more or less.
    11    (b) Also all that other tract or parcel of land, situate in  the  Town
    12  of  Perrysburg,  County  of  Cattaraugus  and State of New York, distin-
    13  guished by being a part of lot number 16, in the 6th town and 9th  range
    14  of  the Holland Land Company's survey, and bounded as follows: Beginning
    15  on the north line of parcel D of lands conveyed  to  Vernon  Croker  and
    16  Harold  Croker  by  Warranty  Deed  recorded in the Cattaraugus   County
    17  Clerk's Office in Liber 555 of Deeds at Page 290 on March 2, 1956, at  a
    18  point  1680.6  feet  east  of the center line of North Road (said center
    19  line of North Road being the west line of said Lot 16) ; thence  easter-
    20  ly,  along the north line of the above mentioned Deed, 1169.94 feet to a
    21  stake at the northeast corner of lands conveyed by above mentioned Deed;
    22  thence southerly  along  the  east  line  of  lands  conveyed  by  above
    23  mentioned  Deed and parallel to the west line of lot 16, 1160.28 feet to
    24  the southeast corner of lands conveyed by above mentioned  Deed;  thence
    25  westerly  along  the  south  bounds  of land conveyed by above mentioned
    26  Deed, 1169.94 feet to a stake; thence north, parallel to the  west  line
    27  of  Lot  16, 1160.28 feet to the point or place of beginning, containing
    28  31 acres, more or less.
    29    (c) Also all that other tract or parcel of land, situate in  the  Town
    30  of  Perrysburg,  County  of  Cattaraugus  and State of New York, distin-
    31  guished by being part of Lot 16 in Town 6, Range 9 of the  Holland  Land
    32  Company's survey, bounded and described as follows: Beginning at a point
    33  in the south bounds of Lot 16 which point is 2,014.3 feet measured along
    34  the south bounds of Lot 16 and an extension thereof from the center line
    35  of  the  public  highway commonly known as Eaton Road; thence north on a
    36  line parallel to the west bounds of Lot 16 232.98 feet; thence east on a
    37  line parallel to the south bounds of said lot 935 feet; thence south  on
    38  a  line  parallel  to the west bounds of Lot 16 232.98 feet to the south
    39  bounds of Lot 16; thence west along the south bounds of Lot 16 935  feet
    40  to the point of beginning containing 5 acres, be the same more or less.
    41    (d)  Also  all that other tract or parcel of land, situate in the Town
    42  of Perrysburg, County of Cattaraugus and  State  of  New  York,  distin-
    43  guished  by  being part of Lot 15 in Town 6, Range 9 of the Holland Land
    44  Company's Survey bounded and described as follows: Beginning at a  point
    45  in  the north bounds of Lot 15 which point is 2014.3 feet measured along
    46  the south bounds of Lot 16 and an extension thereof from the center line
    47  of the public highway commonly known as Eaton Road; thence  south  on  a
    48  line  parallel with the west bounds of Lot 15 400 feet; thence west on a
    49  line parallel to the north bounds of lot 15 435.6 feet; thence north  on
    50  a  line  parallel  to  the  west  bounds of Lot 15 400 feet to the north
    51  bounds of Lot 15; thence east along the north bounds  of  Lot  15  435.6
    52  feet  to  the point of beginning containing 4 acres, be the same more or
    53  less.
    54    Said tract of lands containing a total of 63.73 acres, more or less.
    55    § 3. Should the lands described in section two of this act cease to be
    56  used for the purposes described in section one of this act, those  lands
        A. 1515--A                          3

     1  shall  revert to the county of Cattaraugus for the purposes described by
     2  section 219 of the county law.
     3    §  4.  The  land to be leased pursuant to this act, and all structures
     4  and facilities situated on such land, shall be maintained, and  operated
     5  by the lessee for the purposes described in section one of this act. The
     6  use  of such parkland and facilities shall continue to be made available
     7  to the general public, including all residents of the county  of  Catta-
     8  raugus. Where the availability of such facilities is limited, the use of
     9  such facilities must be determined by an equitable method which provides
    10  priority  use  to  the  general public based on a reservation policy for
    11  free or for a nominal charge.
    12    § 5. In the event that the county of Cattaraugus received any funding,
    13  support, or assistance from the federal  government  for  the  purchase,
    14  maintenance, or improvement of the parklands set forth in section two of
    15  this  act, the discontinuance and alienation of such parkland authorized
    16  by the provisions of this act shall not occur until the county of Catta-
    17  raugus has complied with any  federal  requirements  pertaining  to  the
    18  alienation  or  conversion of parklands, including satisfying the secre-
    19  tary of the interior that the alienation or conversion complies with all
    20  conditions which the secretary of the interior deems necessary to ensure
    21  the substitution of other lands shall be equivalent in fair market value
    22  and usefulness to the lands being alienated or converted.
    23    § 6. This act shall take effect immediately.