STATE OF NEW YORK
________________________________________________________________________
7542
2007-2008 Regular Sessions
IN ASSEMBLY
April 18, 2007
___________
Introduced by M. of A. PARMENT, SCHROEDER, SWEENEY, GIGLIO, QUINN -- (at
request of the Department of Environmental Conservation) -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
properties in the state nature and historical preserve and to dedicate
the Zoar Valley Unique Area to the state nature and historical
preserve
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature finds that:
2 (1) The parcel of land referred to as the Zoar Valley Unique Area, as
3 described in section two of this act, meets all the requirements of
4 article 14 of the constitution and article 45 of the environmental
5 conservation law for dedication to the state nature and historical
6 preserve;
7 (2) The Zoar Valley Unique Area is suitably qualified for dedication
8 and has been recommended for dedication to the state nature and histor-
9 ical preserve by the trustee pursuant to article 45 of the environmental
10 conservation law because of the ecological and aesthetic significance of
11 its gorges and ledges, tributary gorges and riverside terraces;
12 (3) The Zoar Valley Unique Area should be dedicated to the state
13 nature and historical preserve.
14 § 2. The parcel of land referred to as the Zoar Valley Unique Area is
15 hereby dedicated to the state nature and historical preserve and is more
16 fully described as follows:
17 ALL THAT PIECE, PARCEL OR TRACT OF LAND situate in Lots 1, 2, 3, 4 &
18 5, Township 6, Range 8 and Lots 31, 32, 39 & 40, Township 5, Range 8 in
19 the Town of Otto; Lots 5, 6 & 7, Township 6, Range 8 and Lot 48, Town-
20 ship 5, Range 8 in the Town of Persia all being in the County of Catta-
21 raugus; and Lots 9, 10, 11, 12, 13, 14 & 15, Township 6, Range 8, being
22 in the Town of Collins, County of Erie, all the above being part of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09605-01-7
A. 7542 2
1 Holland Purchase in the State of New York and being more particularly
2 described as follows:
3 BEGINNING at a point in the center line of Valentine Flats Road on the
4 southwesterly bounds of lands conveyed to the State of New York from
5 Herbert F. Darling per Liber 637 of Deeds at page 581, dated April 25,
6 1963, on file in the Cattaraugus County Clerk's Office, said point being
7 S74 28'43"W, a distance of 65.78' from New York State Department of
8 Environmental Conservation GPS Control Monument #9036 having New York
9 State Plane, West Zone, NAD 1983, US Survey Feet Northing 890032.33'
10 Easting 1059751.38' Coordinates; thence along the westerly bounds of
11 said State of New York lands the following three courses and distances,
12 (1) N63 01'01"W, a distance of 582.40' to an iron pipe; (2) S47 09'59"W,
13 a distance of 450.24' to an iron pipe; (3) N44 27'31"W, a distance of
14 622.00' more or less to the center of Cattaraugus Creek being the divi-
15 sion line between the Town of Persia, County of Cattaraugus and Town of
16 Collins, County of Erie; thence along the center of Cattaraugus Creek
17 and the County Line the following four courses and distances, (1)
18 N35 38'55"E, a distance of 407.42'; (2) N34 53'00"E, a distance of
19 683.01'; (3) N28 28'49"E, a distance of 590.07'; (4) N28 42'10"E, a
20 distance of 367.66' to the west bonds of land conveyed to the State of
21 New York from Herbert F. Darling per Liber 6884 of Deeds at page 260,
22 dated April 25, 1963, on file in the Erie County Clerk's Office; thence
23 along the west and north bounds of said State of New York Lands lying in
24 the Town of Collins the following four courses and distances (1)
25 N1 10'00"E parallel to the west bounds of Lot 14, Township 6, Range 8, a
26 distance of 702.68' more or less to an iron pipe; (2) N89 43'15"E, a
27 distance of 591.96' to an iron pipe; (3) S61 35'09"E, a distance of
28 604.50' to an iron pipe; (4) S65 57'53"E, a distance of 743.56'; thence
29 through the lands of the People of the State New York S65 57'53"E, a
30 distance of 27.39'; thence continuing along the northerly bounds of
31 lands of the State of New York the following thirty-eight courses and
32 distances, (1) S0 03'25"E, a distance of 15.91' to an iron pipe; (2)
33 S86 22'45"E, a distance of 123.01' to an iron pipe; (3) N69 29'31"E, a
34 distance of 641.03' to an iron pipe; (4) N37 36'39"E, a distance of
35 230.76' to an iron pipe; (5) N61 46'09"E, a distance of 946.03' to an
36 iron pipe on the division line between Lots 13 and 14, Township 6, Range
37 8; (6) N0 30'22"W along the division line of Lots 13 and 14, a distance
38 of 94.20' to an iron pipe; (7) S88 49'09"E, a distance of 1004.06' to an
39 iron pipe; (8) S0 07'58"W, a distance of 219.41' to an iron pipe; (9)
40 thence S55 03'30"E, a distance of 316.43' to an iron pipe; (10)
41 N80 39'30"E, a distance of 134.26' to an iron pipe; (11) S0 15'55"W, a
42 distance of 791.24' to an iron pipe; (12) S24 48'49"W, a distance of
43 96.90'; (13) S7 36'46"W, a distance of 336.30' to an iron pipe; (14)
44 S35 31'33"W, a distance of 445.14' to an iron pipe; (15) S45 37'26"W, a
45 distance of 147.41' to an iron pipe; (16) S45 41'26"W, a distance of
46 269.30'; (17) S48 30'07"E, a distance of 328.00'; (18) S66 32'22"E, a
47 distance of 170.50' to an iron pipe; (19) S29 10'04"E, a distance of
48 273.33' to an iron pipe; (20) S48 32'55"E, a distance of 170.82'to an
49 iron pipe; (21) S43 26'05"E, a distance of 163.14' to an iron pipe; (22)
50 S38 28'23"E, a distance of 84.91' to an iron pipe; (23) S47 11'54"E, a
51 distance of 281.18' to an iron pipe; (24) S50 15'29"E, a distance of
52 108.14' to an iron pipe; (25) S42 26'35"E, a distance of 132.05' to an
53 iron pipe; (26) N83 57'12"E, a distance of 188.17' to an iron pipe; (27)
54 N55 53'30"E, a distance of 153.70'; (28) N38 11'12"E, a distance of
55 171.50' to an iron pipe; (29) N37 55'54"E, a distance of 203.54' to an
56 iron pipe; (30) N57 48'03"E, a distance of 147.63' to an iron pipe; (31)
A. 7542 3
1 N68 48'03"E, a distance of 173.02' to an iron pipe; (32) N64 15'11"E, a
2 distance of 287.88' to an iron pipe; (33) N0 57'14"E, a distance of
3 40.31' to an iron pipe; (34) S87 18'53"E, a distance of 250.15' to an
4 iron pipe; (35) S66 12'53"E, a distance of 407.46' to an iron pipe; (36)
5 S74 02'01"E, a distance of 120.18' to an iron pipe; (37) S52 11'00"E, a
6 distance of 788.58' to an iron pipe; (38) N0 32'51"E parallel to the
7 west bounds of Lot 12, a distance of 417.92' to a point on the west
8 bounds of lands conveyed to the People of the State of New York from
9 Richard B. and Ruby L. Ross per Liber 6962 of Deeds at page 652 of the
10 file in the Erie County Clerk's Office and being 300' plus from the rim
11 of the gorge; thence through the lands of the People of the State of New
12 York and intending on being 300' plus from the rim of the gorge the
13 following eighteen courses and distances, (1) N54 28'10"E, a distance of
14 471.64'; (2) N64 35'25"E, a distance of 455.78'; (3) N88 08'29"E, a
15 distance of 1945.49'; (4) S65 51'25"E, a distance of 554.42'; (5)
16 N51 48'15"E, a distance of 1065.72'; (6) N17 16'17"E, a distance of
17 505.71'; (7) N82 56'34"E, a distance of 411.62'; (8) S32 53'01"E, a
18 distance of 656.06'; (9) S80 18'00"E, a distance of 1126.47'; (10)
19 N6 09'46"W, a distance of 396.30'; (11) N79 21'49"E, a distance of
20 362.23'; (12) S41 36'24"E, a distance of 438.68'; (13) N64 22'58"E, a
21 distance of 703.69'; (14) S86 16'31"E, a distance of 483.24'; (15)
22 N83 53'16"E, a distance of 459.25'; (16) S88 09'01"E, a distance of
23 496.63'; (17) S77 22'37"E, a distance of 355.93'; (18) N55 30'47"E, a
24 distance of 314.02' to the east bounds of lands conveyed to the People
25 of the State of New York from Francis P. and Gertrude Colligan per
26 Liber 7053 of Deeds at page 427, dated October 5, 1964, on file in the
27 Erie County Clerk's Office; thence S1 13'25"W along said east bounds, a
28 distance of 329.05' to an iron pipe on the north bounds of land conveyed
29 to the People of the State of New York from Herbert F. Darling per Liber
30 6847 at page 37, dated December 14, 1962, on file in the Erie County
31 Clerk's Office'; thence continuing along the northerly bounds of lands
32 of the State of New York the following eleven courses and distances, (1)
33 N63 22'21"E, a distance of 317.55' to an iron pipe; (2) N50 49'22"E, a
34 distance of 207.61' to an iron pipe; (3) N48 37'08"E, a distance of
35 493.95" to an iron pipe; (4) N76 58'38"E, a distance of 231.35' to an
36 iron pipe; (5) S77 40'04"E, a distance of 163.46' to an iron pipe; (6)
37 S62 19'43"E, a distance of 209.37' to an iron pipe; (7) S52 16'58"E, a
38 distance of 535.69' to an iron pipe; (8) S42 28'50"E, a distance of
39 267.53' to an iron pipe; (9) N83 34'50"E, a distance of 829.17' to an
40 iron pipe; (10) N3 02'26"E, a distance of 811.78' to an iron pipe; (11)
41 N53 28'42"E, a distance of 809.92; thence through the lands of the
42 People of the State of New York N53 29'51"E, a distance of 28.22' to an
43 iron pipe; thence S8 52'37"E along the east bounds of the lands of the
44 State of New York, a distance of 686.00 more or less to the centerline
45 of Cattaraugus Creek being the division line between Erie County on the
46 north and Cattaraugus County on the south; thence along the centerline
47 of Cattaraugus Creek and said County Line the following five courses and
48 distances, (1) N25 17'47"E, a distance of 308.02; (2) N49 18'22"E, a
49 distance of 602.62'; (3) N43 16'55"E, a distance of 211.71'; (4)
50 N85 45'54"E, a distance of 232.98'; (5) S50 33'24"E, a distance of
51 120.17' to the east bounds of lands conveyed to People of the State of
52 New York from Herbert F. Darling per Liber 633 of Deeds at page 377,
53 dated December 14, 1962, on file in the Cattaraugus County Clerk's
54 Office; thence S3 58'22"E along said easterly bounds, a distance of
55 207.25' to an iron pipe; thence through the lands of the State of New
56 York S35 16'46"W, a distance of 39.68'; thence along the southerly
A. 7542 4
1 bounds of lands of the State of New York the following nine courses and
2 distances (1) S35 04'54"W, a distance of 1525.30' to an iron pipe; (2)
3 S31 05'55"W, a distance of 975.64' to an iron pipe; (3) S57 02'41"W, a
4 distance of 764.81' to an iron pipe; (4) N80 45'07"W, a distance of
5 758.78' to an iron pipe; (5) N54 56'47"W, a distance of 947.52' to an
6 iron pipe; (6) S77 47'02"W, a distance of 217.28' to an iron pipe; (7)
7 S51 14'45"W, a distance of 985.72' to an iron pipe; (8) N85 26'29"W, a
8 distance of 875.61' to an iron pipe; (9) S87 19'16"W, a distance of
9 1003.37' to an iron pipe on the division line between Lots 2 and 3,
10 Township 6, Range 8 being the east bounds of lands conveyed to the State
11 of New York from Herbert F. Darling per Liber 622 of Deeds at page 403,
12 dated December 27, 1961, on file in the Cattaraugus County Clerk's
13 Office; thence S0 02'09"W along said Lot line and the easterly bounds of
14 lands of the State of New York, a distance of 584.13' being 300' plus
15 from the rim of the gorge; thence through the lands of the People of the
16 State of New York and being 300' plus from the rim of the gorge the
17 following thirty-two courses and distances, (1) S35 10'34"W, a distance
18 of 409.83'; (2) S83 35'30"W, a distance of 318.63'; (3) N41 09'04"W, a
19 distance of 478.48'; (4) S72 55'15"W, a distance of 1153.70'; (5)
20 S87 01'00"W, a distance of 754.00'; (6) S36 24'33"W, a distance of
21 583.55'; (7) S66 58'11"W, a distance of 1354.38'; (8) N59 38'55"W, a
22 distance of 703.26'; (9) S25 00'29"W, a distance of 328.94'; (10)
23 N40 20'18"W, a distance of 445.05'; (11) N62 40'31"W, a distance of
24 685.33'; (12) S47 50'41"W, a distance of 1167.87'; (13) S89 47'36"W, a
25 distance of 765.61'; (14) N65 51'22'W, a distance of 801.60'; (15)
26 N48 33'07"W, a distance of 794.62'; (16) S70 58'01"W, a distance of
27 478.25'; (17) S37 12'10"W, a distance of 446.24'; (18) S89 50'08"W, a
28 distance of 469.74'; (19) S12 21'52"E, a distance of 577.84'; (20)
29 S14 22'39"W, a distance of 613.81'; (21) S37 37'49"W, a distance of
30 666.28'; (22) S15 22'59"W, a distance of 954.90'; (23) S26 23'37"W, a
31 distance of 337.44'; (24) S51 36'14"E, a distance of 644.62'; (25)
32 S7 47'25"E, a distance of 434.30'; (26) S35 56'59"E, a distance of
33 368.01'; (27) S54 43'34"E, a distance of 411.01'; (28) S73 43'12"E, a
34 distance of 760.84'; (29) S38 10'22"E, a distance of 569.24'; (30)
35 N39 45'11"E, a distance of 423.88'; (31) N70 04'18"E, a distance of
36 724.72'; (32) S53 53'57"E, a distance of 1111.52' to a point on the
37 easterly bounds of land conveyed to the People of the State of New York
38 from John S. and Ethel B. Purdy per Liber 660 of Deeds at page 353 on
39 file in the Cattaraugus County Clerk's Office; thence along said easter-
40 ly and southerly bounds the following two courses and distances, (1)
41 S0 02'18"W, a distance of 267.66' more or less; (2) thence S89 37'41"W,
42 a distance of 270.00' more or less to an iron pipe marking the southwes-
43 terly corner of lands formerly of Barney Stoffel and being the south-
44 easterly corner of lands conveyed to the People of the State of New York
45 from Herbert F. Darling per Liber 637 of Deeds at page 581, dated April
46 25, 1963, on file in the Cattaraugus County Clerk's Office; thence
47 N86 54'38"W along the southerly bounds of lands of the People of the
48 State of New York, a distance of 875.00' to a point in the center line
49 of the South Branch of Cattaraugus Creek and being the division line
50 between the Town of Otto on the east and the Town of Perisa on the west;
51 thence along the centerline of said Creek, the southerly bounds of lands
52 of the State of New York and the Division line between the Towns of Otto
53 and Persia the following seventeen courses and distances, (1)
54 N34 10'38"W, a distance of 123.11'; (2) thence S89 25'56"W, a distance
55 of 114.63'; (3) S16 00'56"W, a distance of 93.51'; (4) S11 08'15"W, a
56 distance of 536.04'; (5) S5 48'27"W, a distance of 309.96'; (6)
A. 7542 5
1 S1 13'23"E, a distance of 177.42'; (7) S30 29'03"W, a distance of
2 149.66'; (8) S76 15'59"W, a distance of 169.60'; (9) N63 21'59"W, a
3 distance of 114.15'; (10) N23 20'59"W, a distance of 134.53'; (11)
4 N11 58'31"W, a distance of 356.04'; (12) N38 51'47"W, a distance of
5 298.67'; (13) N55 45'45"W, a distance of 594.28'; (14) N59 04'25"W, a
6 distance of 517.65'; (15) N76 32'35"W, a distance of 837.63'; (16)
7 N82 12'44"W, a distance of 375.53'; (17) N62 43'21"W, a distance of
8 51.39' to the division line between Lots 47 & 48, Township 5, Range 8,
9 in the Town of Persia; thence along the southerly and westerly bounds of
10 lands of the State of New York the following courses and distances,
11 N88 21'00"W along the division line between Lots 47 & 48, a distance of
12 621.80' to an iron pipe; thence N10 36'53"W, a distance of 352.04' to an
13 iron pipe; thence N2 05'03"W, a distance of 564.86' to an iron pipe;
14 thence N18 25'01"E, a distance of 260.35' to an iron pipe; thence
15 N22 19'35"W, a distance of 833.06' to an iron pipe; thence N3 12'07"E, a
16 distance of 544.47' to an iron pipe; thence N12 25'37"E, a distance of
17 436.24' to an iron pipe; thence N0 09'01"W, a distance of 437.72' to an
18 iron pipe; thence N47 02'43"E, a distance of 971.06' to an iron pipe
19 existing along the division line between Townships 5 & 6, also being the
20 southerly boundary of lands conveyed to the State of New York from
21 Herbert F. Darling per Liber 622 of Deeds at page 403, dated December
22 27, 1961, on file in the Cattaraugus County Clerk's Office; thence along
23 said southerly and westerly bounds the following nine courses and
24 distances, (1) S89 41'43"W along the division line between Township 5 &
25 6, a distance of 1815.51' to an iron pipe; (2) N0 08'47"W, a distance of
26 3538.40' to a point in the centerline of Valentine Flats Road; thence
27 continuing along the centerline of said Road the following courses and
28 distances, (3) S53 04'13"W, a distance of 349.60'; (4) N89 00'47"W, a
29 distance of 329.40'; (5) N77 12'17"W, a distance of 431.80'; (6)
30 S77 46"43"W, a distance of 206.30'; (7) S74 20"43W, a distance of
31 309.30'; (8) S56 13"43"W, a distance of 336.60'; (9) S67 36"51"W, a
32 distance of 539.48' to the POINT OF BEGINNING, said described tract
33 containing 1492.156 acres, more or less.
34 Bearings are oriented to the New York State Plane Coordinate System,
35 West Zone, NAD 1983, Project Combined Scale Factor is 0.999890528 as per
36 a "Boundary Retracement Survey of Zoar Valley Multiple Use Area", made
37 by Niagara Boundary and Mapping Services, L.S.P.C., dated December 15,
38 1997, prepared for and on file in the New York State Department of Envi-
39 ronmental Conservation Departmental Offices in Albany as Map # 11435.
40 (To obtain State Plane Grid Distances multiply the distances contained
41 in this instrument by the combined scale factor.)
42 § 3. Paragraph l of subdivision 2 of section 45-0117 of the environ-
43 mental conservation law, as added by chapter 463 of the laws of 2005, is
44 amended and a new paragraph n is added to read as follows:
45 [l.] m. The Camillus forest unique area in the town of Camillus, coun-
46 ty of Onondaga more fully described in [the] chapter four hundred
47 sixty-three of the laws of two thousand five [which added this para-
48 graph].
49 n. The Zoar Valley Unique Area in the Towns of Otto and Persia, county
50 of Cattaraugus and the town of Collins, county of Erie more fully
51 described in the chapter of the laws of two thousand seven which added
52 this paragraph.
53 § 4. This act shall take effect immediately.