Bill Text: NY A09754 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the town of Eden, county of Erie, to discontinue as parklands and alienate certain lands for the purpose of providing needed resources to the existing parks within such town.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-03 - referred to local governments [A09754 Detail]

Download: New_York-2023-A09754-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9754

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Local Governments

        AN  ACT  in  relation  to  authorizing  the town of Eden to alienate and
          discontinue the use of certain parklands

          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, the town of Eden,
     2  located in the county of Erie, 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  as  parklands  and  alienate the lands more
     5  particularly described in section three of this act,  and  to  sell  and
     6  convey  such  lands  at  fair market value, for the purpose of providing
     7  needed resources to enhance the existing parks within the town.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective only upon the condition that the town of Eden, county of Erie,
    10  dedicate an amount equal to or greater than the fair market value of the
    11  parklands  being  discontinued  toward  the acquisition of new parklands
    12  and/or capital improvements to existing park  and  recreational  facili-
    13  ties.
    14    §  3. The parklands authorized by section one of this act to be alien-
    15  ated are described as follows:

    16                                  PARCEL 1:

    17    All That Tract or Parcel of Land, Town of Eden, County of Erie,  State
    18  of  New  York,  being  part  of  Lot  No. 29, Township 8, Range 8 of the
    19  Holland Land Company's Survey, bounded and described as follows:
    20    Beginning at a point in the east line of map cover number 2553 at  the
    21  northeast corner of East Pleasant Avenue, a 70 foot wide right of way;
    22    thence  S 89°-59'-29" E, a distance of 23.01 feet to a point of curva-
    23  ture;
    24    thence northeasterly along a curve to the  left  having  a  radius  of
    25  265.00  feet  and  an  arc  length  of 196.21 feet to a point of reverse
    26  curvature;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14978-02-4
        A. 9754                             2

     1    thence northeasterly along a curve to the right  having  a  radius  of
     2  335.00 feet and an arc length of 246.70 feet;
     3    thence N 89°-46'-49" E, a distance of 221.93 feet;
     4    thence  S  01°-28'-52"  W,  a distance of 70.03 feet to a point in the
     5  south line of East Pleasant Avenue, a 70 foot wide right of way;
     6    thence S 89°-46'-49" W, a distance of 219.85 feet to a point of curva-
     7  ture;
     8    thence southwesterly along a curve to the  left  having  a  radius  of
     9  265.00  feet  and  an  arc  length  of 195.15 feet to a point of reverse
    10  curvature;
    11    thence southwesterly along a curve to the right  having  a  radius  of
    12  335.00 feet and an arc length of 248.03 feet;
    13    thence  N  89°-59'-29"  W,  a distance of 24.77 feet to a point in the
    14  east line of map cover 2553;
    15    thence N 01°-26'-47" E, a distance of  70.02  feet  to  the  point  of
    16  beginning, containing 1.11 acres more or less.

    17                                  PARCEL 2:

    18    All  that tract or Parcel of Land, Town of Eden, County of Erie, State
    19  of New York, being part of Lot No.  29,  Township  8,  Range  8  of  the
    20  Holland Land Company's Survey, bounded and described as follows:
    21    Beginning at a point in the southeast corner of map cover number 2591;
    22    thence N 01°-26'-47" E, a distance of 77.07 feet;
    23    thence S 89°-59'-29" E, a distance of 148.74 feet;
    24    thence N 67°-30'-55" E. a distance of 438.02 feet;
    25    thence N 89°-46'-49" E, a distance of 225.00 feet;
    26    thence S 01°-28'-52" W, a distance of 218.15 feet;
    27    thence S 89°-4I'-30" E, a distance of 199.95 feet;
    28    thence S 01°-28'-52" W. a distance of 31.50 feet;
    29    thence  N  89°-41'-30"  W.  a  distance of 973.92 feet to the point of
    30  beginning, containing 3.19 acres more or less

    31    § 4. In the event that the town of Eden received any  funding  support
    32  or  assistance from the federal government for the purchase, maintenance
    33  or improvement of the parklands set forth in section three of this  act,
    34  the  discontinuance  and  alienation  of such parkland authorized by the
    35  provisions of this act shall not  occur  until  the  town  of  Eden  has
    36  complied  with  any federal requirements pertaining to the alienation or
    37  conversion of parklands, including satisfying the secretary of the inte-
    38  rior that the alienation or  conversion  complies  with  all  conditions
    39  which  the  secretary  of  the  interior  deems  necessary to ensure the
    40  substitution of other lands shall be equivalent in fair market value and
    41  usefulness to the lands being alienated or converted.
    42    § 5. This act shall take effect immediately.