S T A T E O F N E W Y O R K
________________________________________________________________________
8842--A
I N A S S E M B L Y
February 19, 2014
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Governmental Operations -- reported and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to authorize the commissioner of general services to transfer and
convey certain unappropriated state land to Monroe county
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 but notwithstanding
2 any other provision of law to the contrary, the commissioner of general
3 services is hereby authorized to transfer and convey to the county of
4 Monroe, the state property at the Industry Residential Center in the
5 town of Rush and the county of Monroe described in section two of this
6 act, declared to be abandoned state land by the office of children and
7 family services. The transfer and conveyance of the land described in
8 section two of this act shall be made upon payment of such consideration
9 as may be determined by the commissioner of general services, but not
10 less than fifty-one percent of the total expenditures of the state in
11 rehabilitating the premises for occupancy by the county of Monroe, and
12 upon such other conditions as the commissioner of general services and
13 the office of children and family services may deem proper. In the event
14 the county of Monroe does not provide full payment of at least fifty-one
15 percent of the aforementioned expenditures in exchange for transfer of
16 the property, the office of children and family services may deduct the
17 amounts owing from monies that would otherwise be distributed from such
18 office to the county of Monroe pursuant to the social services law or
19 any other applicable law irrespective of whether the county of Monroe
20 takes ownership of such property.
21 S 2. The lands authorized by section one of this act to be transferred
22 and conveyed are as follows:
23 All that piece or parcel of land situate in the Rush, county of Monroe
24 and the state of New York, being a portion of Lot Number 58 in Township
25 Number 11, Range 7 of the Phelps and Gorham Purchase, and being more
26 particularly bounded and described as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14018-02-4
A. 8842--A 2
1 Beginning at a reinforcing rod in the northerly bounds of Scotts-
2 ville-Rush Road at the southeast corner of lands granted to Glen T.
3 Weaver and Patricia Weaver by letters patent dated March 2, 1994 and
4 recorded in the Department of State in Book 97 of Patents at page 25 and
5 recorded in the Monroe county clerk's office on March 24, 1994 in liber
6 8456 of deeds at page 223, thence from said point of beginning along the
7 aforesaid lands granted to Weaver the following six (6) courses;
8 1.N 00 58' 08" W, a distance of 544.84 feet to a point;
9 2.N 05 13' 59" E, a distance of 272.81 feet to a point;
10 3.N 23 37' 35" E, a distance of 350.68 feet to a point;
11 4.N 33 14' 39" E, a distance of 210.99 feet to a point;
12 5.N 24 21' 06" E, a distance of 425.53 feet to a reinforcing rod; and
13 6.N 89 93' 00" E, a distance of 1,051.72 feet
14 To a point at the northwesterly corner of lands granted to German
15 Chernavin by deed as recorded in the Monroe county clerk's office on
16 October 19, 2010 in liber 10932 of deeds at page 685, thence S 00 20'
17 40" W along the westerly bounds of said lands of German Chernavin and to
18 and along the westerly bounds of lands, now or formerly, of Richard P.
19 Foster & Judith C. Foster and lands, now or formerly, of Gary Feldt, a
20 distance of 1,704.50 feet to a point in the aforementioned northerly
21 bounds of Scottsville-Rush Road, thence westerly along said northerly
22 bounds, a distance of 1,488.74 feet to the point and place of beginning,
23 containing 53.651 acres of land, more or less, all as shown on a map
24 entitled "Survey of a Portion of Lands of the People of the State of New
25 York to be Conveyed to the County of Monroe" by Arthur M. English, PLS,
26 dated December 12, 2013 and having drawing number 200.04-1-4.
27 Together with an easement for ingress, egress and regress over a strip
28 of land 60 feet in width (perpendicular measurement) being bounded and
29 described as follows;
30 Beginning at a point in the westerly bounds of East River Road at the
31 northeast corner of a parcel of land granted to Glen T. Weaver and
32 Patricia Weaver by Letters Patent dated March 2, 1994 and recorded in
33 the Department of State in Book 97 of Patents at page 25; said point
34 also being at the southeast corner of a parcel of land granted to the
35 Board of Cooperative Educational Service, First Supervisory District,
36 Monroe County, New York by Letters Parent dated January 17, 1995 and
37 recorded in the Department of State in Book 98 of Patents at page 22,
38 thence from said Point of Beginning westerly along the northerly bounds
39 of said lands granted to Weaver, S 89 03' 00" W, a distance of 2,100.00
40 feet to a point; thence S 00 57' 00" E through said lands granted to
41 Weaver, thence N 89 03' 00" E along said southerly bounds of Weaver, a
42 distance of 2,112.68 feet to a point in the westerly bounds of East
43 River Road, thence N 12 52' 51" W along the westerly bounds of East
44 River Road, a distance of 61.32 feet to the point and place of begin-
45 ning.
46 S 3. The description in section two of this act is not intended to be
47 a legal description but is intended to identify the land to be conveyed.
48 As a condition of the transfer, the county of Monroe may submit to the
49 commissioner of general services, for his or her approval, an accurate
50 survey and description of the land to be conveyed, which may be used in
51 the conveyance thereof.
52 S 4. The office of general services shall not transfer or convey the
53 aforesaid land unless application is made by the county of Monroe there-
54 fore within one year of the effective date of this act.
55 S 5. The transfer and conveyance made pursuant to this act shall be
56 subject to the following use restrictions and reverter:
A. 8842--A 3
1 (a) The land described in section two of this act shall be used exclu-
2 sively for the purposes of operating and maintaining a Monroe county
3 certified juvenile detention facility.
4 (b) The county of Monroe shall own and operate a certified juvenile
5 detention facility on the land for so long as any payment obligations
6 are due from the county to the state under section one of this act. The
7 county of Monroe shall not contract with a private entity to operate all
8 or part of the certified detention facility on the county's behalf with-
9 out prior written consent from the state office of children and family
10 services. Any such private entity must be a not-for-profit organization.
11 Such certified juvenile detention facility shall be subject to section
12 218-a of the county law, section 503 of the executive law and all other
13 laws governing such facilities for, and the detention of, youths and,
14 notwithstanding the provisions of any other law, shall be a detention
15 facility within the meaning of subdivision three of section 502 of the
16 executive law.
17 (c) In the event the premises are not accepted and/or used in accord-
18 ance with such provisions, it shall revert to the state of New York.
19 (d) The conveyance of the land described in this act shall contain
20 covenants and restrictions consistent with the provisions set forth in
21 subdivisions (a) through (c) of this section.
22 S 6. This act shall take effect immediately.