Bill Text: NY S07550 | 2011-2012 | General Assembly | Amended


Bill Title: Authorizes the village of Deferiet, county of Jefferson to discontinue the use of certain lands as parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-19 - referred to local governments [S07550 Detail]

Download: New_York-2011-S07550-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7550--A                                           A. 10521--A
                             S E N A T E - A S S E M B L Y
                                     June 1, 2012
                                      ___________
       IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment  --  committee  discharged,  bill  amended,  ordered reprinted as
         amended and recommitted to said committee
       IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
         A.  Blankenbush)  --  read once and referred to the Committee on Local
         Governments -- committee discharged, bill amended,  ordered  reprinted
         as amended and recommitted to said committee
       AN  ACT  to  authorize  the  village of Deferiet, county of Jefferson to
         discontinue the use of certain 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 but notwithstanding
    2  any provision of law to the contrary, the village of Deferiet, county of
    3  Jefferson is hereby authorized, acting by and through its local  govern-
    4  ing body and upon such terms and conditions as determined by such legis-
    5  lative  body,  to  discontinue the use of the municipally owned parkland
    6  more particularly described in section two of this act which is no long-
    7  er needed for park purposes.
    8    S 2. The lands authorized by this act to be discontinued as  parklands
    9  are as follows:
   10    ALL  THAT  TRACT or parcel of land situate in the Village of Deferiet,
   11  County of Jefferson,  State  of  New  York,  and  further  described  as
   12  follows:
   13    BEGINNING at capped pin set at the intersection of the assumed wester-
   14  ly  street  margin of Wilna Avenue and the assumed northwesterly highway
   15  limits of NYS Route 3A;
   16    THENCE S 61  56' 11" W, along the assumed northwesterly highway limits
   17  of NYS Route 3A a distance of 482.08 feet to a capped pin set;
   18    THENCE N 00  18' 10"W, a distance of 587.43 feet to a capped pin set;
   19    THENCE N 89  39' 20" E, a distance of 148.80 feet to a 1/2" iron  pipe
   20  found;
   21    THENCE S 89  25' 39" E, a distance of 225.00 feet to a capped pin set;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15892-03-2
       S. 7550--A                          2                        A. 10521--A
    1    THENCE  N 00  36' 15" E, a distance of 136.50 feet to a capped pin set
    2  in the assumed southerly street margin of Wilna Avenue;
    3    THENCE  S 89  25' 37" E, a distance of 133.82 feet to a capped pin set
    4  at the intersection of the assumed  southerly  street  margin  of  Wilna
    5  Avenue  and  the  cut-back  line connecting the assumed southerly street
    6  margin of Wilna Avenue with the assumed westerly street margin of  Wilna
    7  Avenue;
    8    THENCE  S  17   04'  55"  E,  along the aforementioned cut-back line a
    9  distance of 66.88 feet to a capped pin set at the intersection  of  said
   10  cut-back line and the assumed westerly street margin of Wilna Avenue;
   11    THENCE  S  13   05' 57" W, along the assumed westerly street margin of
   12  Wilna Avenue a distance of 442.00 feet to the point of beginning.
   13    CONTAINING 5.446 acres of land more or less.
   14    SUBJECT to a Niagara Mohawk Power Corporation Permanent Easement, said
   15  Easement being 60 feet in width along the entire easterly portion of the
   16  above described 5.446 acre parcel extending from the  assumed  northwes-
   17  terly  highway  limits  of  NYS  Route 3A and terminating at the assumed
   18  southern street margin of Wilna Avenue. The above Easement is  as  filed
   19  in the Jefferson County Clerk's Office in Liber 673 at Page 171 on March
   20  4, 1959.
   21    SUBJECT to any other rights or restrictions of record.
   22    IT  BEING  the intent to describe the parcel of land conveyed by NEWS-
   23  TECH N.Y., Inc., a New York Corporation, to  the  Village  of  Deferiet,
   24  said  conveyance  was  filed  in  the Jefferson County Clerk's Office in
   25  Instrument No. 2003-5253 on April 10, 2003.
   26    S 3. The authorization provided in section one of this  act  shall  be
   27  effective  only upon the condition that the village of Deferiet dedicate
   28  an amount equal to or greater than the fair market value of the property
   29  being alienated by this act for the acquisition of additional  parklands
   30  and/or for capital improvements to existing park and recreational facil-
   31  ities.  However, the foregoing shall not be applicable to any portion of
   32  the property being alienated by this act which the village  of  Deferiet
   33  partitions   and   dedicates   to   municipal  purposes,  including  the
   34  construction of a water tower and/or development of  new  water  infras-
   35  tructure.
   36    S 4. This act shall take effect immediately.
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