Bill Text: NY S08344 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes the alienation of certain reforested lands in the town of Italy, county of Yates on the condition that certain other lands are dedicated as reforested land.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-11-11 - SIGNED CHAP.278 [S08344 Detail]

Download: New_York-2019-S08344-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8344--A

                    IN SENATE

                                      May 15, 2020
                                       ___________

        Introduced  by  Sen.  O'MARA -- 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

        AN ACT authorizing the alienation of certain  reforested  lands  in  the
          county of Yates

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding section  219  of  the  county  law  to  the
     2  contrary,  the  county of Yates acting by and through its governing body
     3  and upon such terms and conditions as determined by such body, is hereby
     4  authorized to discontinue the use of lands described in section  two  of
     5  this  act acquired for reforestation purposes for the purposes of erect-
     6  ing, operating and maintaining  a  public  safety  radio  communications
     7  tower.    The  authorization provided in this section shall be effective
     8  only upon the acquisition by the  county  of  Yates  of  the  parcel  as
     9  described  in section three of this act, which is currently vacant prop-
    10  erty not used by the public for recreational or reforestation purposes.
    11    § 2.  The lands authorized to be alienated  by  the  county  of  Yates
    12  pursuant to section one of this act are described as follows:
    13    ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
    14  Range  III of the Phelps & Gorham Purchase, in the Town of Italy, County
    15  of Yates, State of New York, bounded and described as follows:
    16    Beginning at a point on the east line of the first or westerly  subdi-
    17  vision  of  said  Lot  No.  28  and  the west line of lands reputedly of
    18  Cayward (Liber 559 of Deeds, Page 243), said point being North  03°  15'
    19  East,  850  +/-  feet from the intersection of said east subdivision lot
    20  line and the south line of said Lot No. 28, at or near the centerline of
    21  Emerson Road; thence North 86° 45' West through lands of  Yates  County,
    22  120.0  feet  to a point; thence North 03° 15' East on a line parallel to
    23  the east line of said subdivision lot line through lands of Yates  Coun-
    24  ty,  160.0  feet  to a point; thence South 86° 45' East through lands of
    25  Yates County, 120.0 feet to a point on the east line of said subdivision
    26  lot line and lands reputedly of Cayward; thence South 03° 15' West along

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16275-05-0
        S. 8344--A                          2

     1  the east line of said  subdivision  lot  line  and  lands  reputedly  of
     2  Cayward,  160.0  feet  to the point or place of beginning, comprising an
     3  area of 0.441 acres more or less.
     4    Intending  to  describe  a  portion  of premises conveyed by Lester R.
     5  Platman, as Yates County Treasurer, to  the  County  of  Yates  by  deed
     6  recorded September 22, 1953 in Liber 170 of Deeds, Page 69.
     7    §  3.   The authorization provided in section one of this act shall be
     8  effective only upon the condition that on or before the  alienation  and
     9  conveyance  of lands described in section two of this act, the county of
    10  Yates  shall  acquire  and  dedicate  real  property  for  reforestation
    11  purposes,  of  equal  or  greater  fair  market value to the lands being
    12  alienated. In the event that the lands to be acquired by the  county  of
    13  Yates  for  reforestation purposes pursuant to this act are not equal to
    14  or greater than the fair market value of the lands to  be  alienated  by
    15  the  county  of  Yates, the county shall dedicate the difference between
    16  the fair market value of the lands to be alienated and the  fair  market
    17  value  of  the  lands  to  be acquired for the acquisition of additional
    18  lands for reforestation purposes. The additional  real  property  to  be
    19  acquired  and  dedicated  for reforestation purposes, being more partic-
    20  ularly bound and described as follows:
    21    ALL THAT TRACT OR PARCEL OF LAND situate in Lot No. 28, in Township 7,
    22  Range III of the Phelps & Gorham Purchase, in the Town of Italy,  County
    23  of Yates, State of New York, bounded and described as follows:
    24    Beginning  at a point on the east line of the first or westerly subdi-
    25  vision of said Lot No. 28 and west line of lands  reputedly  of  Cayward
    26  (Liber 559 of Deeds, Page 243) at the intersection of said east subdivi-
    27  sion  lot  line  and  the  south line of said Lot No. 28, at or near the
    28  centerline of Emerson Road; thence North 03° 15' East  along  said  east
    29  subdivision  lot line and west line of lands now or formerly of Cayward,
    30  815 +/- feet to a point; thence South 86°  45'  East  through  lands  of
    31  Cayward,  25.0  feet  to  a  point;  thence South 03° 15' West on a line
    32  parallel to the east line of said subdivision lot line and west line  of
    33  lands  reputedly  of Cayward through lands of Cayward, 815 +/- feet to a
    34  point on the south line of said Lot No. 28 at or near the centerline  of
    35  Emerson Road; thence North 86° 45' West along the south line of said Lot
    36  No.  28,  25  +/- feet to the point or place of beginning, comprising an
    37  area of 0.468 acres more or less.  Intending to describe  a  portion  of
    38  premises  conveyed  by  Paul  Dale  Cayward  to  Paul Dale and Lourie J.
    39  Cayward by deed recorded May 21, 2007 in Liber 559 of  Deeds,  Page  243
    40  and  intended  to be conveyed to Yates County.  Subject to the rights of
    41  the public in and to lands referred to as Emerson Road, and  subject  to
    42  utilities and easements of record.
    43    §  4.  If  the  property described in section three of this act, shall
    44  ever be used for a purpose other than the purpose described  in  section
    45  one  of  this act, such land shall be restored to its original state and
    46  maintained as reforested lands in accordance with  section  219  of  the
    47  county law.
    48    § 5. This act shall take effect immediately.