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.
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