Bill Text: NY S05735 | 2015-2016 | General Assembly | Introduced

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 (Republican 1-0)

Status: (Passed) 2015-09-25 - SIGNED CHAP.349 [S05735 Detail]

Download: New_York-2015-S05735-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5735
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 1, 2015
                                      ___________
       Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       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 value of the lands described in
    7  section two of this act; provided, however, that the lands described  in
    8  section  three  of  this  act  shall  be  used as part of the village of
    9  Clayton's riverwalk 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.
                                                                  LBD11402-01-5
       S. 5735                             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 that the Village of Clayton received any funding
   43  support or assistance from the  federal  government  for  the  purchase,
   44  maintenance  or improvement of the parklands set forth in section two of
   45  this act, the discontinuance and conveyance of  parkland  authorized  by
   46  the  provisions of this act shall not occur until the Village of Clayton
   47  has complied with any federal requirements pertaining to the  alienation
   48  or  conversion  of  parklands, including satisfying the secretary of the
   49  interior that the alienation or conversion complies with all  conditions
   50  which  the  secretary  of  the  interior  deems  necessary to assure the
   51  substitution of other lands shall be equivalent in fair market value and
   52  recreational usefulness to the lands being alienated or converted.
   53    S 5. This act shall take effect immediately.