Bill Text: NY A07909 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the village of Clayton, county of Jefferson to transfer and convey certain parklands to Dean Hyde in exchange for certain lands owned by Dean Hyde which shall be used as parkland and as part of the village of Clayton's riverwalk project.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-18 - substituted by s5735b [A07909 Detail]

Download: New_York-2015-A07909-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7909--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 29, 2015
                                      ___________
       Introduced  by M. of A. RUSSELL -- 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  to  authorize  the  village  of Clayton, county of Jefferson to
         transfer and convey certain parklands to Dean  Hyde  in  exchange  for
         certain lands owned by Dean Hyde which will be used as parkland
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The village of  Clayton,  county  of  Jefferson  is  hereby
    2  authorized  to discontinue its use of the lands described in section two
    3  of this act which are no longer needed for park purposes and  to  convey
    4  its interest in the real property to Dean Hyde in exchange for the lands
    5  described  in section three of this act which are owned by Dean Hyde and
    6  are of equal or greater value than the lands described in section two of
    7  this act; provided, however, that the lands described in  section  three
    8  of  this act shall be used as part of the village of Clayton's riverwalk
    9  project and shall be dedicated parkland.
   10    S 2. The lands to be alienated are described as follows:
   11    All that parcel of land located in the Village of Clayton,  County  of
   12  Jefferson and State of New York, bounded and described as follows:
   13    Beginning  at a railroad spike set at the northeast corner of a parcel
   14  of land conveyed to Dean Hyde (Liber  1855,  Page  245),  said  railroad
   15  spike set also being in the division line between said lands conveyed to
   16  Hyde  on  the  southwest  and  lands  conveyed to the Village of Clayton
   17  (Instrument  2004-00003418)  on  the  north  and  east  (the   following
   18  described  parcel  being  a  part  of thereof); and runs thence from the
   19  point of beginning South 74 degrees 07 minutes West,  25.00  feet  along
   20  the north line of said lands conveyed to Hyde to a point; thence passing
   21  through  said  lands  conveyed  to  the Village of Clayton the following
   22  three courses and distances: 1) North 15 degrees 53 minutes West,  12.00
   23  feet  to  a  point; 2) North 74 degrees 07 minutes East, 25.00 feet to a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11402-02-5
       A. 7909--A                          2
    1  point; 3) South 15 degrees 53 minutes East, 12.00 feet to the  point  of
    2  beginning, containing 300 square feet of land.
    3    The  above  described  parcel  being a part of lands conveyed from the
    4  Village of Clayton to the Village of Clayton by deed dated March 9, 2004
    5  and recorded in the Jefferson County Clerk's Office on March 10, 2004 as
    6  Instrument 2004-00003418.
    7    Together  with  and   subject   to   rights,   covenants,   easements,
    8  restrictions and rights of way of record.
    9    S 3. The replacement parklands are described as follows:
   10    All  that  parcel of land located in the Village of Clayton, County of
   11  Jefferson and State of New York, bounded and described as follows:
   12    Beginning at an existing iron plug at the northwest corner of a parcel
   13  of land conveyed to Dean Hyde (Liber 1855, Page 245), said existing iron
   14  plug also being in the division line between said lands conveyed to Hyde
   15  on the south and lands conveyed to the Village  of  Clayton  (Instrument
   16  2004-00003418)  on  the  north, said existing iron plug further being in
   17  the west line of a grant of lands underwater formerly  conveyed  by  the
   18  People  of  the  State of New York to Raymond E. Secor, Bernice O. Secor
   19  and James J. Brabant (Liber 929, Page 944); and  runs  thence  from  the
   20  point  of  beginning  North 74 degrees 07 minutes East, 10.20 feet along
   21  the division line between said lands conveyed to Hyde on the  south  and
   22  said  lands  conveyed to the Village of Clayton on the north to a point;
   23  thence South 17 degrees 52 minutes East, 15.44 feet passing through said
   24  lands conveyed to Hyde to a drill hole at the northeast corner of  lands
   25  conveyed  to  Bruce  N. Beattie and Cynthia S. Beattie (Liber 1889, Page
   26  125); thence South 74 degrees 15 minutes  West,  10.63  feet  along  the
   27  north line of said lands conveyed to Beattie to a point in the aforemen-
   28  tioned  west  line  of  a grant of lands underwater formerly conveyed to
   29  Secor and Brabant and along the west line of  the  aforementioned  lands
   30  conveyed  to  Hyde,  said  point  also being North 74 degrees 15 minutes
   31  East, 0.68 feet from a chiseled "V" in concrete; thence North 16 degrees
   32  16 minutes West, 15.41 feet along the west line of said grant  of  lands
   33  underwater  formerly  conveyed  to  Secor and Brabant and along the west
   34  line of said lands conveyed to Hyde to the point of beginning,  contain-
   35  ing 161 square feet of land.
   36    The  above  described  parcel  being a part of lands conveyed from the
   37  Village of Clayton to Dean Hyde by deed dated May 8, 2002  and  recorded
   38  in  the Jefferson County Clerk's Office on May 14, 2002 in Liber 1855 of
   39  Deeds at Page 245.
   40    Together  with  and   subject   to   rights,   covenants,   easements,
   41  restrictions and rights of way of record.
   42    S  4.  In  the  event  it  is  determined  that the village of Clayton
   43  received any funding support or assistance from the  federal  government
   44  for  the purchase, maintenance or improvement of the parklands described
   45  in section two of this act, the discontinuance and  alienation  of  such
   46  parkland  authorized by the provisions of this act shall not occur until
   47  the village of  Clayton  has  complied  with  any  federal  requirements
   48  pertaining  to  the  alienation  or  conversion  of parklands, including
   49  satisfying the secretary of the interior that the alienation or  conver-
   50  sion  complies  with  all conditions which the secretary of the interior
   51  deems necessary to assure the  substitution  of  other  lands  shall  be
   52  equivalent in fair market value and usefulness to the lands being alien-
   53  ated or converted.
   54    S 5. This act shall take effect immediately.