S T A T E O F N E W Y O R K
________________________________________________________________________
7934--B
I N S E N A T E
May 25, 2010
___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT authorizing the county of Erie to transfer and convey Beeman
Creek Park to the town of Clarence, county of Erie
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. (a) The county of Erie acting through its legislative body,
2 is hereby authorized to discontinue the use of Beeman Creek Park,
3 described in section two of this act, and to enter into a contract to
4 convey its interest in the real property to the town of Clarence, county
5 of Erie upon terms agreed upon by the county of Erie and the town of
6 Clarence, for use by the town of Clarence for continued park and recre-
7 ational purposes provided, however, that the town of Clarence shall
8 continue to provide access to such parklands and/or recreational facili-
9 ties to all residents of the county of Erie.
10 (b) Any revenues received by such county from such town from the
11 transfer of the property described in section two of this act shall be
12 used for capital improvements of existing park and recreational facili-
13 ties and/or for the acquisition of additional park and recreational
14 facilities.
15 S 2. The real property authorized to be conveyed by the county of Erie
16 pursuant to section one of this act shall be bounded and described as
17 follows:
18 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
19 County of Erie and State of New York, being part of Lot Number fifty-six
20 (56), Township thirteen (13), Range six (6) of the Holland Land Compa-
21 ny's Survey, bounded as follows:
22 West by a line parallel with the west bounds of said lot and distant
23 thirty-seven and sixty one hundredths (37.61) chains east therefrom,
24 fifty-eight (58) chains; north by Lot Number fifty-seven (57), twenty-
25 three and thirty hundredths (23.30) chains; east by Lot Number fifty-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17479-05-0
S. 7934--B 2
1 four (54), fifty-nine (59) chains and south by the twelfth (12th) Town-
2 ship, twenty-three and seventy-seven hundredths (23.77) chains.
3 Excepting therefrom a certain piece of land in the Lot No. 56, Town-
4 ship 13 and Range 6 of said Holland Land Company's Survey, which excep-
5 tion is bounded and described as follows:
6 BEGINNING at the southeast corner of Lot No. 56, which is also the
7 southeast corner of the above described premises; thence north along the
8 east line of Lot No. 56 and the east line of the above described prem-
9 ises, a distance of 600 feet; thence west and parallel to the south line
10 of the above described premises, which is also the south line of Lot No.
11 56, a distance of 210 feet; thence south and parallel to the east line
12 of Lot No. 56 and the east line of the above premises, a distance of
13 252.50 feet to a point; thence generally southerly in a straight line a
14 distance of 350.51 feet and to a point in the south line of the above
15 described premises which is 166 feet west of the point of beginning as
16 measured along said south line of the above described premises; thence
17 east and along the south line of the above described premises and the
18 south line of Lot No. 56, a distance of 166 feet to the point and place
19 of beginning.
20 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
21 County of Erie and State of New York, being the southwest part of Lot
22 No. fifty-four (54), Township thirteen (13), Range six (6) of the
23 Holland Land Company's Survey, bounded and described as follows:
24 BEGINNING at a point which is the southwest corner of said Lot No. 54,
25 said point being in the center line of Lapp Road; running thence north
26 along the west line of said Lot No. 54 a distance of 1107.76 feet to a
27 point; running thence easterly a distance of 33 chains to a point which
28 is the northeast corner of premises formerly owned by Samuel Kroll
29 conveyed to him by deed recorded in Erie County Clerk's Office in Liber
30 239 of Deeds at page 489; running thence south along a line parallel
31 with the west line of said Lot No. 54, a distance of 808.0 feet to a
32 point in said line which is 300 feet north of the center line of Lapp
33 Road, as measured along said parallel line as extended; running thence
34 west along a line parallel with the said center line of Lapp Road, a
35 distance of 1,493.41 feet to a point; running thence south, parallel
36 with the west line of said Lot No. 54, a distance of 300 feet to the
37 center line of Lapp Road; running thence west along the said center line
38 of Lapp Road which is also the south line of said Lot No. 54, a distance
39 of 689.95 feet to the place or point of beginning.
40 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
41 County of Erie and State of New York, being the middle part of Lot
42 Number fifty-four (54), Township thirteen (13), Range six (6) of the
43 Holland Land Company's Survey bounded and described as follows:
44 COMMENCING at a point on the west line of said lot, fifteen and
45 fifty-four hundredths (15.54) chains, south of the northwest corner of
46 said lot and running thence east on a line parallel with the north line
47 of said lot, forty-four and sixteen hundredths (44.16) chains to the
48 center of the highway; thence southerly along the center of said highway
49 to a point, twenty and two hundredths (20.02) chains south of the north
50 line of said lot; thence west on a line parallel with the north line of
51 said lot, thirteen and thirty-one hundredths (13.31) chains; thence
52 south on a line parallel to the west line of said lot, twenty and forty
53 hundredths (20.40) chains to a point, sixteen and sixty-seven hundredths
54 (16.67) chains north of the south line of said lot; thence west on a
55 line parallel to the south line of said lot, thirty-three (33) chains to
56 the west line of said lot; thence north along the west line of said lot,
S. 7934--B 3
1 twenty-six and ninety-hundredths (26.90) chains to the place of begin-
2 ning.
3 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
4 County of Erie and State of New York, being the middle part of Lot
5 Number fifty-four (54), Township thirteen (13), Range six (6) of the
6 Holland Land Company's Survey, bounded and described as follows:
7 BEGINNING at a point on the west line of said lot, eight and ninety-
8 three hundredths (8.93) chains south of the northwest corner of said
9 lot; thence easterly forty-three and fifty-six hundredths (43.56) chains
10 to the center of the highway to a point, nine and twenty-nine hundredths
11 (9.29) chains south from the north line of said lot; thence southerly
12 along the center of said highway to a point fifteen and fifty-four
13 hundredths (15.54) chains south from the north line of said lot; thence
14 west on a line parallel with the north line of said Lot forty-four and
15 sixteen hundredths (44.16) chains to the west line of said lot; thence
16 north on the said west line, six and sixty-one hundredths (6.61) chains
17 to the place of beginning.
18 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
19 County of Erie and State of New York, being the northwest part of Lot
20 Number fifty-four (54), Township thirteen (13), Range six (6) of the
21 Holland Land Company's Survey, bounded and described as follows:
22 COMMENCING at the northwest corner of said lot; thence easterly
23 forty-three and thirty hundredths (43.30) chains to the center of the
24 highway at a point, one and twenty hundredths (1.20) chains south of the
25 north line of said lot; thence southerly along the center of the highway
26 to a point nine and twenty-nine hundredths (9.29) chains directly south
27 from the north line of said lot; thence westerly forty and fifty-six
28 hundredths (40.56) chains to the west line of said lot to a point eight
29 and ninety-three hundredths (8.93) chains south of the northwest corner
30 of said lot; thence north on the west line of said lot, eight and nine-
31 ty-three hundredths (8.93) chains to the place of beginning.
32 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence,
33 County of Erie and State of New York, being part of Lot Number fifty-
34 four (54), Township thirteen (13), Range six (6) of the Holland Land
35 Company's Survey, bounded as follows:
36 BEGINNING at a point in the south line of said Lot Number fifty-four
37 (54), distant thirty-three (33) chains east of the southwest corner of
38 said Lot Number fifty-four (54); thence northerly parallel with the west
39 line of Lot Number fifty-four (54), sixteen (16) chains sixty-seven (67)
40 links; thence easterly parallel with the south line of Lot Number
41 fifty-four (54), six (6) chains; thence southerly parallel with the west
42 line of Lot Number fifty-four (54), sixteen (16) chains sixty-seven (67)
43 links to the south line of Lot Number fifty-four (54); thence westerly
44 along the south line of Lot Number fifty-four (54), six (6) chains to
45 the point or place of beginning.
46 EXCEPTING and Reserving therefrom all that tract or parcel of land,
47 situate in the Town of Clarence, County of Erie and State of New York,
48 being part of Lot No. 54, Township 13, Range 6 of the Holland Land
49 Company's Survey bounded and described as follows:
50 BEGINNING at a point in the south line of said Lot No. 54, distant 33
51 chains east of the southwest corner of said Lot No. 54; thence northerly
52 and parallel with the west line of Lot No. 54 a distance of 400 feet to
53 a point; thence easterly and parallel to the center line of Lapp Road,
54 which center line is also the south line of said Lot No. 54, a distance
55 327.75 feet to a point; thence southerly and parallel to said first
56 mentioned course a distance 400 feet to the said center line of Lapp
S. 7934--B 4
1 Road; thence westerly along the said center line of Lapp Road 327.75
2 feet to the place of beginning.
3 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence,
4 County of Erie and State of New York, being part of Lot Number fifty-
5 four (54), Township thirteen (13), Range six (6) of the Holland Land
6 Company's Survey, bounded as follows;
7 COMMENCING at a point thirty-three (33) chains east of the west line
8 of Lot Number fifty-four (54) and sixteen (16) chains sixty-seven (67)
9 links north of the south line of Lot Number fifty-four (54), said point
10 of beginning being the northwest corner of lands conveyed to Joseph
11 Karicar by deed recorded in Erie County Clerk's Office in Liber 182 of
12 Deeds at page 375, June 26, 1857; thence northerly four (4) chains on a
13 line parallel to the west line of Lot Number fifty-four (54); thence
14 easterly parallel to the south line of Lot Number 54, (11) chains 53 1/2
15 inks to a stake; thence southerly on a line parallel to the west line of
16 Lot Number 54, (13) chains (74) links to a stake; thence westerly on a
17 line parallel to the south line of Lot Number 54, five (5) chains
18 fifty-three and one half (53 1/2) links to a stake; thence northerly on
19 a line parallel to the west line of Lot Number fifty-four (54), nine (9)
20 chains seventy-four (74) links; thence westerly parallel to the south
21 line of lot Number fifty-four (54), six (6) chains to the point or place
22 of beginning.
23 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence,
24 County of Erie and State of New York, being part of Lot Number fifty-
25 four (54), Township thirteen (13), Range six (6) of the Holland Land
26 Company's Survey, bounded and described as follows:
27 BEGINNING at a point in the center of the Salt Road seven and twenty-
28 eight hundredths (7.28) chains northerly from the south bounds of said
29 Lot Number fifty-four (54), measured along the center of said Salt Road;
30 thence northerly along the center of the said Salt Road, fourteen and
31 thirty-eight hundredths (14.38) chains; thence west five and ninety-four
32 and one-half hundredths (5.94 1/2) chains; thence south thirteen and
33 seventy-four hundredths (13.74) chains; thence east nine and forty-eight
34 and one-half hundredths (9.48 1/2) chains to the place of beginning.
35 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence,
36 County of Erie and State of New York, being part of Lot Number fifty-
37 four (54), Township thirteen (13), Range six (6) of the Holland Land
38 Company's Survey, bounded and described as follows:
39 BEGINNING at a point thirty-nine (39) chains east of the west line of
40 said lot; thence east on the south line of said lot, seventeen and
41 forty-seven hundredths (17.47) chains; thence north on the center of the
42 Salt Road, seven and twenty-eight hundredths (7.28) chains; thence west
43 on a line parallel to the south line, fifteen and three hundredths
44 (15.03) chains; thence south six and ninety-three hundredths (6.93)
45 chains to the place of beginning.
46 EXCEPTING THEREFROM that part conveyed to George Fix, Jr. and Martha
47 R. Fix his wife by deed recorded in the Erie County Clerk's Office in
48 Liber 6987 of Deeds at page 486.
49 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
50 County of Erie and State of New York, being part of Lot Number fifty-
51 four (54), Township thirteen (13), Range six (6) of the Holland Land
52 Company's Survey, bounded and described as follows;
53 BEGINNING on the south by a line parallel with the north line of said
54 Lot Number fifty-four (54) and twenty-eight and seventy-eight hundredths
55 (28.78) chains south therefrom fourteen and fourteen hundredths (14.14)
56 chains; on the west by a line parallel to the west line of said lot and
S. 7934--B 5
1 distant thirty-three (33) chains east therefrom, five (5) chains; on the
2 north by a line parallel to the north line of said lot and distant twen-
3 ty-three and seventy-eight hundredths (23.78) chains south therefrom
4 thirteen and eighty-six hundredths (13.86) chains and on the east by the
5 center of the highway.
6 EXCEPTING THEREFROM, ALL THAT TRACT OR PARCEL OF LAND conveyed by two
7 certain deeds recorded in the Erie County Clerk's Office respectively in
8 Liber 6013 of Deeds at page 454 and Liber 6335 of Deeds at page 551.
9 AND EXCEPTING THEREFROM, ALL THAT TRACT OR PARCEL OF LAND situate in
10 the Town of Clarence, County of Erie and State of New York, being part
11 of Lot Number fifty-four (54), Township thirteen (13), Range six (6) of
12 the Holland Land Company's Survey, bounded and described as follows:
13 COMMENCING at a point which is the southeast corner of the lands
14 conveyed to Robert M. Huebert and Mary A. Huebert, his wife, by deed
15 recorded in the Erie County Clerk's Office in Liber 3891 of Deeds at
16 page 20, on the 13th day of May, 1946; running thence westerly along the
17 south line of the lands so conveyed as aforesaid a distance of two
18 hundred fifty-seven and eighty-four hundredths (257.84) feet to a point;
19 running thence northerly, parallel with the center line of Salt Road a
20 distance of one hundred thirty-eight and five tenths (138.5) feet to the
21 southwest corner of lands conveyed by Robert M. Huebert and Mary A.,
22 his wife, to Joseph G. Schwartzkopf, and Marylou, his wife, by deed
23 recorded in the Erie County Clerk's Office, in Liber 6335 of Deeds at
24 page 551, on the 11th day of September, 1958; thence easterly parallel
25 with the first described course herein a distance of two hundred fifty-
26 seven and eighty-four hundredths (257.84) feet to said center line of
27 Salt Road; thence southerly along the said center line of Salt Road a
28 distance of one hundred fifty-eight and six tenths (158.6) feet to the
29 point of beginning.
30 ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Clarence,
31 County of Erie and State of New York, being part of Lot Number fifty-
32 four (54), Township thirteen (13), Range six (6) of the Holland Land
33 Company's Survey, bounded and described as follows:
34 COMMENCING at a point in the center line of Salt Road, distant one
35 thousand five hundred sixty-nine and forty-eight hundredths (1569.48)
36 feet southerly from the north line of said Lot Number fifty-four (54),
37 as measured along the center line of Salt Road, which point of beginning
38 is the northeast corner of land now or formerly owned by Godfried Ader-
39 man; running thence westerly on a line parallel with the north line of
40 said Lot Number fifty-four (54), a distance of nine hundred one and
41 forty hundredths (901.40) feet to a point; thence northerly on a line
42 parallel with the west line of said lot, two hundred forty-eight and
43 sixteen hundredths (248.16) feet to a point; thence easterly eight
44 hundred fifty-one (851) feet to a point in the center line of Salt Road,
45 distant two hundred sixty-one (261) feet northerly from the point of
46 beginning; thence southerly along the center line of Salt Road, two
47 hundred sixty-one (261) feet to the point or place of beginning.
48 EXCEPTING THEREFROM, ALL THAT TRACT OR PARCEL OF LAND, situate in the
49 Town of Clarence, County of Erie and State of New York, being part of
50 Lot number fifty-four (54), Township thirteen (13), Range six (6) of the
51 Holland Land Company's Survey, bounded and described as follows:
52 COMMENCING at the southeast corner of lands conveyed to Lawrence Duew-
53 iger and Dorothy T. Duewiger, his wife, by a certain deed recorded in
54 Erie County Clerk's Office in Liber 6985 of Deeds at page 57; running
55 thence westerly along the southerly line of lands so conveyed as afore-
56 said a distance of two hundred fifty-seven and eighty-four hundredths
S. 7934--B 6
1 (257.84) feet; running thence northwesterly parallel with the center
2 line of Salt Road a distance of two hundred sixty-one (261) feet to the
3 north line of the lands conveyed as aforesaid; running thence easterly
4 along the north line of said lands, a distance of two hundred fifty-sev-
5 en and eighty-four hundredths (257.84) feet to the center line of Salt
6 Road; running thence southerly along the said center line of Salt Road
7 two hundred sixty-one (261) feet to the point of beginning.
8 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Clarence,
9 County of Erie and State of New York, being part of Lot No. 54, Township
10 13, Range 6 of the Holland Land Company's Survey, bounded and described
11 as follows:
12 Commencing at a point in the center line of Salt Road, 1444 feet
13 northerly from the south line of said Lot No. 54, as measured along the
14 center line of Salt Road; thence westerly on a line parallel with the
15 south line of said lot, 1090 feet to a point; thence northerly on a line
16 parallel with the west line of said Lot No. 54, a distance of 445.50
17 feet to a point; thence easterly 970 feet to a point in the center line
18 of Salt Road, distant 456.72 feet northerly from the point of beginning;
19 thence southerly along the center line of Salt Road, 456.72 feet to the
20 point or place of beginning.
21 Excepting therefrom, all that tract or parcel of land situate in the
22 Town of Clarence, County of Erie and State of New York, being part of
23 Lot No. 54, township 13, Range 6 of the Holland Land Company's Survey,
24 bounded and described as follows: Commencing at the southeast corner of
25 lands conveyed to Norman Wiltberger, by deed recorded in the Erie County
26 Clerk's Office in Liber 6050 of Deeds at page 278, on September 4, 1956;
27 running thence westerly along the lands so conveyed as aforesaid a
28 distance of 257.45 feet to a point; running thence northerly parallel
29 with the center line of Salt Road, a distance of 457.85 feet to the
30 north line of the lands so conveyed to Norman Wiltberger as aforesaid;
31 running thence easterly along the said north line of Wiltberger's lands,
32 a distance of 257.84 feet to the center line of Salt Road; running
33 thence southerly along the center line of Salt Road, a distance of
34 456.72 feet to the point or place of beginning (391 acres).
35 Reference is also made to map entitled Beeman Creek Park filed in the
36 Erie County Clerk's Office as Map Number 299 in Highway File Box No. 17
37 on April 12, 1966.
38 S 3. The land to be transferred pursuant to this act, and all struc-
39 tures and facilities situated on such land, shall be maintained, owned
40 and operated by the town of Clarence.
41 S 4. The use of such parkland and facilities shall be available to the
42 general public. Where the availability of such facilities are limited,
43 the use of such facilities must be determined by an equitable method
44 which provides priority use to the general public based on a reservation
45 policy for free or nominal charge.
46 S 5. This act shall take effect immediately.