Bill Text: NY A06213 | 2021-2022 | General Assembly | Amended


Bill Title: Authorizes the town of Webster, county of Monroe, to alienate certain lands used as parkland and to dedicate certain other lands as parklands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-06-08 - substituted by s5127a [A06213 Detail]

Download: New_York-2021-A06213-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6213--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

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

        AN ACT in relation to authorizing the town of Webster, county of Monroe,
          to alienate certain lands used as parkland  and  to  dedicate  certain
          other lands as 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 Webster,
     2  located in the county of Monroe, acting by  and  through  its  governing
     3  body  and  upon such terms and conditions as determined by such body, is
     4  hereby authorized to discontinue as parklands  and  alienate  the  lands
     5  more  particularly described in section three of this act, and convey to
     6  the county of Monroe, for the purpose of fulfilling  and  assisting  the
     7  completion of REDI Project MO.56 Lake Road Retirement Project.
     8    §  2.  The  authorization provided in section one of this act shall be
     9  effective only upon the condition that the county of  Monroe  convey  to
    10  the  town  of  Webster and that the town of Webster acquire and dedicate
    11  the lands described in section four of this act as  parklands,  provided
    12  that neither the county nor the town of Webster has ever used such lands
    13  for public open space or park purposes.
    14    §  3. The parklands authorized by section one of this act to be alien-
    15  ated as parklands are described as follows:
    16    All that certain tract or parcel of land containing 16,970 square feet
    17  or 0.389 acres ±, situated in the town of  Webster,  county  of  Monroe,
    18  state  of New York, and being more particularly bounded and described as
    19  follows:
    20    Commencing at a point on the northerly right-of-way of  lake  road,  a
    21  variable  width right-of-way, at its intersection with the westerly line
    22  of lands now  or  formerly  Kenneth  J.  &  Linda  M.  Lill  (tax  acct.
    23  063.060-001-003.1) and the easterly line of lands now or formerly of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09077-02-1

        A. 6213--A                          2

     1  town  of  Webster  (tax acct. 063.090-001-078.13); thence, south 62° 49'
     2  52" west, along said right-of-way line, a distance of 20.28 feet to  the
     3  point  of beginning; thence, south 52° 10' 06" west along said right-of-
     4  way,  a  distance  of  296.82 feet to a point; thence, south 56° 41' 34"
     5  west along said right-of-way, a distance of  315.18  feet  to  a  point;
     6  thence, departing the right-of-way of lake road through the lands now or
     7  formerly  of  the  town of Webster in a northeasterly direction, along a
     8  non-tangent curve to the left, having  a  radius  of  897.04  feet,  arc
     9  length  of  132.73  feet, delta 8° 28' 40", to a point of reverse curva-
    10  ture, said curve having a chord bearing of north 45°56'52"  east  and  a
    11  chord  distance  of  132.61  feet; thence, in a northeasterly direction,
    12  along a non-tangent curve to the right, having a radius of 780.00  feet,
    13  arc  length  of  281.07 feet, delta 20° 38' 48", to a point of tangency;
    14  said curve having a chord bearing of north 52°30'31" east  and  a  chord
    15  distance  of  279.55 feet; thence, north 62° 49' 52" east, a distance of
    16  203.14 feet to the point and place of beginning.
    17    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    18  described  in  section  three  of  this  act, the county of Monroe shall
    19  convey to the town of Webster and the town of Webster shall acquire  and
    20  dedicate as parklands such land described as follows:  All that tract or
    21  parcel  of land containing 21,141 square feet or 0.462 acres ±, situated
    22  in the town of Webster, county of Monroe, state of New York,  and  being
    23  more particularly bounded and described as follows:
    24    Commencing  at  a  point on the northerly right-of-way of lake road, a
    25  variable width right-of-way, at its intersection with the westerly  line
    26  of  lands  now  or  formerly  Kenneth  J.  &  Linda  M.  Lill (tax acct.
    27  063.060-001-003.1) and the easterly line of lands now or formerly of the
    28  town of Webster (tax acct. 063.090-001-078.13); thence,  south  11°  48'
    29  17" east through the right-of-way of lake road, a distance of 72.12 feet
    30  to  a  point  on  the  southerly right-of-way of lake road at its inter-
    31  section with the easterly line of lands now or formerly of the  town  of
    32  webster  (tax  acct.    063.090-001-037) and point of beginning; thence,
    33  along the southerly right-of-way of lake road the following courses in a
    34  southwesterly direction, along a non-tangent curve to the right,  having
    35  a radius of 2257.59 feet, arc length of 97.36 feet, delta 2° 28' 15", to
    36  a  point  of  tangency,  said  curve  having  a  chord  bearing of south
    37  51°18'15" west and a chord distance of 97.35 feet; thence, south 52° 32'
    38  22" west, a distance of 63.72 feet to a point; thence, south 55° 13' 14"
    39  west, a distance of 444.76 feet to a point; thence, north  42°  11'  01"
    40  east  departing  the  southerly right-of-way through the right-of-way of
    41  lake road, a distance of 150.40 feet to a point of curvature; thence, in
    42  a northeasterly direction, along a tangent curve to the right, having  a
    43  radius of 720.00 feet, arch length of 259.45 feet, delta 20° 38' 48", to
    44  a  point  of  tangency;  thence,  north  62° 49' 52" east, a distance of
    45  107.56 feet to a point; thence, north 68° 27' 49" east,  a  distance  of
    46  97.22 feet to the point of beginning.
    47    §  5.  In  the  event  that  the  fair  market  value of the parklands
    48  described in section four of this act to be dedicated  by  the  town  of
    49  Webster  pursuant  to this act are not equal to or greater than the fair
    50  market value of the parklands to be alienated as  described  in  section
    51  three  of this act, the town of Webster shall dedicate the difference of
    52  the fair market value of the lands to be alienated and the lands  to  be
    53  dedicated  for  the  acquisition  of additional parklands and/or capital
    54  improvements to existing park and recreational facilities.
    55    § 6. In the event that  the  town  of  Webster  received  any  funding
    56  support  or  assistance  from  the  federal government for the purchase,

        A. 6213--A                          3

     1  maintenance or improvement of the parklands set forth in  section  three
     2  of  this act, the discontinuance and alienation of such parkland author-
     3  ized by the provisions of this act shall not occur  until  the  town  of
     4  Webster  has  complied  with  any federal requirements pertaining to the
     5  alienation or conversion of parklands, including satisfying  the  secre-
     6  tary of the interior that the alienation or conversion complies with all
     7  conditions which the secretary of the interior deems necessary to assure
     8  the substitution of other lands shall be equivalent in fair market value
     9  and usefulness to the lands being alienated or converted.
    10    § 7. This act shall take effect immediately.
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