Bill Text: NY S08860 | 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) 2024-03-22 - REFERRED TO LOCAL GOVERNMENT [S08860 Detail]

Download: New_York-2023-S08860-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8860

                    IN SENATE

                                     March 22, 2024
                                       ___________

        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        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
        S. 8860                             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.