Bill Text: NY A09493 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes the city of Jamestown, county of Chautauqua, to discontinue the use of certain lands as parklands and requires the dedication of other certain parcels of land for public park purposes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-21 - substituted by s6585a [A09493 Detail]
Download: New_York-2011-A09493-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9493--A I N A S S E M B L Y March 7, 2012 ___________ Introduced by M. of A. GOODELL -- read once and referred to the Commit- tee on Local Governments -- reference changed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to authorize the city of Jamestown, in the county of Chautauqua, 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, the city of James- 2 town, in the county of Chautauqua, acting by and through its city coun- 3 cil, is hereby authorized to discontinue as parklands the lands 4 described in section four of this act. 5 S 2. Notwithstanding the failure of the city of Jamestown to seek or 6 receive state legislative authorization to alienate certain parklands as 7 described in section four of this act prior to the parklands use as a 8 composting and recycling center, such alienation is hereby validated, 9 legalized, ratified and confirmed. 10 S 3. The authorization granted in section one of this act shall take 11 effect upon the condition that the lands described in section five of 12 this act be dedicated as parkland by the city of Jamestown are of equal 13 or greater fair market value than the fair market value of the lands 14 being discontinued as parklands by this act. 15 S 4. The lands to be discontinued as parklands are described as 16 follows: 17 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, 18 County of Chautauqua and State of New York, being part of Lot 35, Town 2 19 and Range 11 of the Holland Land Company's Survey and more particularly 20 bounded and described as follows: BEGINNING at an existing iron stake in 21 the southwesterly line of Fluvanna Avenue (66 feet wide), said iron 22 stake being also the northwesterly corner of lands conveyed to The Clip 23 Joint, LLC by deed described in a deed recorded in the Chautauqua County 24 Clerk's office in Liber 2714 of Deeds at page 688; thence S 22 04' 54" 25 W 121.75 feet; thence S 20 51' 13" E 190.90 feet; thence S 68 38' 05" 26 W 208.88 feet; thence S 01 02' 17" E 790.00 feet; thence S 68 53' 16" EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14808-04-2 A. 9493--A 2 1 W 784.54 feet; thence N 01 48' 58" W 720.41 feet; thence northwesterly 2 on a non-tangent curve, concave to the southwest, having a radius of 3 2027.08 feet, an arc distance of 602.07 feet (closure chord N 19 43' 4 18" W 599.87 feet); thence easterly on a non-tangent curve, concave to 5 the North, having a radius of 666.78 feet, an arc distance 827.46 feet 6 (closure chord N 86 26' 46" E 775.38 feet); thence N 34 03' 05" E 7 33.47 feet; thence S 67 59' 19 E 110.25 feet; thence northeasterly on a 8 non-tangent curve, concave to the northwest, having a radius of 1005.4 9 feet, an arc distance of 56.61 feet (closure chord N 49 11' 09" E 56.60 10 feet); thence N 01 03' 01" W 6.84 feet; thence N 44 42' 34" E 117.18 11 feet; thence N 23 03' 55" W 25.96 feet; thence N 35 28' 23" E 11.80 12 feet; thence S 67 52' 37" E 106.32 feet to the point or place of begin- 13 ning, containing 20.949 acres of land more or less. 14 S 5. The replacement lands to be dedicated by the city of Jamestown as 15 parklands for public park purposes are described as follows: 16 PARCEL A 17 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, 18 County of Chautauqua and State of New York, being part of Lot 34, Town 2 19 and Range 11 of the Holland Land Company's Survey and more particularly 20 bounded and described as follows: BEGINNING at a point in the west line 21 of lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben South- 22 ern Tier Extension Railroad Authority by deed describe in Liber 2462 of 23 Deeds at page 247 and being the northeast corner of a portion of lands 24 conveyed to George White by deed described in Liber 1901 of Deeds at 25 page 515, said point also being N 01 48'58" W 140.00 feet along said 26 Railroad Authority and George White lands from the intersection with the 27 north line of Isabella Avenue; thence S 88 10'03" W 172.18 feet to the 28 easterly shoreline of the Chadakoin River; thence northerly along said 29 easterly shoreline of the Chadakoin River to the intersection with the 30 northeasterly line of the parcel herein described and the existing 31 southwesterly line of Chadakoin Park; thence S 53 02'14" E 320.80 feet 32 to the said west line of the Railroad Authority lands; thence S 33 01 48'58" E 876.83 feet along said west line of the Railroad Authority 34 lands to an existing rail monument; thence S 88 11'02" W 16.00 feet to 35 an existing iron stake; thence S 01 48'58" E 197.81 feet along said west 36 line of the Railroad Authority lands to the point or place of beginning, 37 containing 17.33 acres of land more or less. 38 PARCEL B 39 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, 40 County of Chautauqua and State of New York, being part of Lot 34, Town 2 41 and Range 11 of the Holland Land Company's Survey and more particularly 42 bounded and described as follows: BEGINNING at the intersection of the 43 north line of Tenth Street and the west line of Monroe Street, being the 44 southeast corner of the parcel herein described; thence S 88 10' 03" W 45 347.00 feet along said north line of Tenth Street to the east line of 46 lands conveyed to Chautauqua, Cattaraugus, Allegany and Stuben Southern 47 Tier Extension Railroad Authority by deed described in Liber 2462 of 48 Deeds at page 247 and being the west terminus of Tenth Street; thence N 49 01 48' 58" W 381.73 feet along said east line of the Railroad Authority 50 lands to the south line of Eleventh Street; thence N 89 52' 55" E 51 347.14 feet along said south line of Eleventh Street to said west line 52 of Monroe Street; thence S 01 48' 58" E 371.51 feet along said west 53 line of Monroe Street to the point or place of beginning, containing 54 3.01 acres of land more or less. 55 PARCEL C A. 9493--A 3 1 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, 2 County of Chautauqua and State of New York, being part of Lot 34, Town 2 3 and Range 11 of the Holland Land Company's Survey and more particularly 4 bounded and described as follows: BEGINNING at the intersection of the 5 northwesterly line of West Eighth Street with the west line of Outlet 6 Street; thence S 48 48'10"W 213.96 feet; thence northeasterly on a non- 7 tangent curve, concave to the northwest, having a radius of 448.93 feet, 8 an arc distance of 114.20 feet (closure chord N 29 07'33"E 113.89 feet); 9 thence N 41 50'17"W 116.98 feet to the shoreline of the Chadakoin River, 10 passing over an existing iron stake at 98.10 feet; thence northerly 11 along said shoreline of the Chadakoin River to the intersection with the 12 south line of Isabella Avenue; thence N 88 10'03"E 210.04 feet along 13 said south line of Isabella Avenue to the intersection with said west 14 line of Outlet Street; thence S 01 48'58"E 660.48 feet along said west 15 line of Outlet Street to the point or place of beginning, containing 16 2.51 acres of land more or less. 17 PARCEL D 18 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Jamestown, 19 County of Chautauqua, and State of New York, being part of Lot 34, Town 20 2 and Range 11 of the Holland Land Company's Survey and more particular- 21 ly bounded and described as follows: BEGINNING at the intersection of 22 the south line of Eleventh Street (60' wide) with the east line of Clin- 23 ton Street; thence S 89 52' 55" W 734.38 feet along said south line of 24 Eleventh street to the east bounds of lands conveyed to Chautauqua, 25 Cattaraugus, Allegany and Stuben Southern Tier Extension Railroad 26 Authority by deed described in Liber 2462 of Deeds at page 247; thence N 27 01 48' 58" W 60.03 feet along said Railroad Authority lands and the 28 west terminus of said Eleventh Street to the north line of said Eleventh 29 Street; thence N 89 52' 55" E 734.38 feet along said north line of 30 Eleventh Street; thence S 01 48' 58" E 60.03 feet to the point or place 31 of beginning, containing 1.012+ acres of land more or less. 32 S 6. In the event that the replacement parklands to be dedicated by 33 the city of Jamestown pursuant to this act are not of equal or greater 34 fair market value than the parklands discontinued, the city of Jamestown 35 shall dedicate the difference of fair market value of the parklands to 36 be discontinued and the lands to be dedicated for the acquisition of 37 additional parklands and/or capital improvements to existing park and 38 recreational facilities. 39 S 7. The discontinuance of parklands authorized by the provisions of 40 this act shall not occur until the city of Jamestown has complied with 41 any federal requirements pertaining to conversion of parklands, includ- 42 ing satisfying the secretary of the interior that the conversion 43 complies with all conditions which the secretary of the interior deems 44 necessary to assure the substitution of other lands shall be equivalent 45 in fair market value and recreational usefulness to the lands being 46 converted. 47 S 8. This act shall take effect immediately.