S T A T E O F N E W Y O R K
________________________________________________________________________
3882
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
___________
Introduced by M. of A. WALTER -- read once and referred to the Committee
on Local Governments
AN ACT in relation to the alienation and substitution of certain park-
lands in the town of Amherst in the county of Erie
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, the town of
2 Amherst, in the county of Erie, acting by and through its town board, is
3 hereby authorized to discontinue as parklands and alienate, the lands
4 described in section three of this act.
5 S 2. The authorization contained in section one of this act shall take
6 effect only upon the condition that the town of Amherst shall dedicate
7 the lands of equal or greater fair market value described in section
8 four of this act as additional parklands of the town.
9 S 3. The lands authorized by section one of this act to be discontin-
10 ued as parklands are as follows:
11 ALL THAT TRACT OF PARCEL OF LAND situate in the Town of Amherst, Coun-
12 ty of Erie and State of New York being part of Lot No. 27, Township 13,
13 Range 7 of the Holland Land Company Survey, described as follows:
14 Beginning at the point of beginning of the New York State Canal Corpo-
15 ration Abandonment of the Town of Amherst by Deed recorded in Liber
16 11007 of Deeds at page 740 on May 29, 2002; thence north 62 50' 00"
17 east a distance of 27.66 feet to a point; thence north 64 39' 00" east
18 a distance of 65.05 feet to a point; thence north 67 29' 00" east a
19 distance of 64.65 feet to a point; thence north 70 57' 00" east a
20 distance of 64.72 feet to a point thence north 73 31' 00" east a
21 distance of 197.15 feet to a point; thence north 75 31' 00" east a
22 distance of 65.20 feet to a point; thence north 77 29' 00" east a
23 distance of 64.98 feet to a point; thence north 80 15' 00" east a
24 distance of 65.43 feet to a point; thence north 80 24' 00" east a
25 distance of 65.68 feet to a point; thence north 82 17' 00" east a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05562-01-3
A. 3882 2
1 distance of 65.63 feet to a point; thence north 82 49' 00" east a
2 distance of 65.80 feet to a point; thence north 83 30' 00" east a
3 distance of 65.47 feet to a point; thence north 85 02' 00" east a
4 distance of 65.50 feet to a point; thence north 85 24' 00" east a
5 distance of 329.65 feet to a point; thence north 89 02' 00" east a
6 distance of 265 feet to a point; thence south 00 00' 00" west a
7 distance of 177.55 feet to a point in the northerly line of Tonawanda
8 Creek Road; thence south 84 30' 37" west and along the northerly line
9 of Tonawanda Creek Road a distance of 275.35 feet to a point; thence
10 continuing southwesterly along the radius of the north line of Tonawanda
11 Creek Road a distance of 689.94 feet to a point; thence south 62 56'
12 39" west and continuing along the northerly line of Tonawanda Creek Road
13 a distance of 607.01 feet to a point; thence southerly 75 52' 37" west
14 a distance of 58.54 feet to the southwest corner of lands conveyed by
15 Liber 3030 of Deeds at page 441; thence north 07 06' 50" east and along
16 the westerly line of lands conveyed by Deed recorded in Liber 3030 of
17 Deeds at page 441 a distance of 153.14 feet to the northwest corner of
18 lands conveyed by the last mentioned deed; thence north 75 28' 00" east
19 and along the northerly line of lands conveyed by Deed recorded in Liber
20 3030 at page 441 a distance of 22.21 feet to a point; thence north 01
21 06' 56" east and along the easterly line of New York State Canal Corpo-
22 ration's Abandonment to the Town of Amherst by Deed recorded in Liber
23 11,007 at page 0740 a distance of 275.22 feet to the point or place of
24 beginning.
25 Excepting therefrom those lands conveyed by Deed recorded in the Erie
26 County Clerk's Office in Liber 3030 of Deeds at Page 441; Liber 9090 of
27 Deeds at page 545 and Liber 9164 of Deeds at page 580.
28 Excepting therefrom, the Reservations contained in a Deed to the gran-
29 tor herein recorded in Liber 11007 of Deeds at page 074 and further
30 subject to designation as parkland in a contract between the Town of
31 Amherst and the New York State Office of Parks, Recreation, and Historic
32 Preservation, dated June 27, 2001, and providing that the grantor will
33 provide continued maintenance of the existing eight foot wide macadam
34 Bike Path transversing the property hereby conveyed in accordance with
35 the Trail Guidelines contained in the Canal Recreation Way Plan as such
36 plan exists on the date of this conveyance.
37 S 4. Prior to the discontinuance and alienation of the parkland
38 described in section three of this act, the town of Amherst, acting
39 through its town board, shall dedicate replacement lands for use as
40 parkland for public park purposes, with such replacement lands, being of
41 equal or greater fair market value, as follows:
42 ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Amherst,
43 County of Erie, State of New York being part of Lot 102, Township 12,
44 Range 7 of the Holland Land Survey (so-called) bounded and described as
45 follows:
46 Beginning at a point in the west line of Lot 102 at its intersection
47 with the south line of lands conveyed to George Biser by Deed recorded
48 in the Erie County Clerk's Office in Liber 154 of Deeds at page 429;
49 THENCE: S-88 -17'-07"-E, along said south line and the south line of
50 lands shown on a subdivision map of Hunter's Woods East recorded in the
51 Erie County Clerk's Office under Cover No. 2395 a distance of 2,367.45
52 feet to the centerline of Smith Road;
53 THENCE: S-47 -10'-26"-E, along said centerline a distance of 549.63
54 feet to the south line of lands conveyed to Joseph Neuhaus by Deed
55 recorded in Liber 1270 of Deeds at page 370;
A. 3882 3
1 THENCE: N-88 -09'-11"-W, along said south line a distance of 2,780
2 feet to the west line of lot 102;
3 THENCE: N-00 -24'-46"-E, along said west line a distance of 355.08
4 feet to the point of beginning containing 19.95 acres more or less
5 exclusive of the area lying within the bounds of Smith Road.
6 S 5. In the event that the parklands to be dedicated by the town of
7 Amherst pursuant to this act are not equal to or greater than the fair
8 market value of the parkland to be discontinued, the town of Amherst
9 shall dedicate the difference of the fair market value of the lands to
10 be alienated and the lands to be dedicated for the acquisition of addi-
11 tional parklands and/or for capital improvements to existing park and
12 recreational facilities.
13 S 6. In the event that the town of Amherst received any funding
14 support or assistance from the federal government for the purchase,
15 maintenance or improvement of the parklands set forth in section three
16 of this act, the discontinuance and alienation of such parkland author-
17 ized by the provisions of section three of this act shall not occur
18 until the town of Amherst has complied with any federal requirements
19 pertaining to the alienation or conversion of such parklands, including
20 satisfying the secretary of the interior that the alienation or conver-
21 sion complies with all conditions which the secretary of the interior
22 deems necessary to assure the substitution of other lands shall be
23 equivalent in fair market and usefulness to the lands being alienated or
24 converted.
25 S 7. This act shall take effect immediately