Bill Text: NY A10161 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the town of Yorktown, county of Westchester, to alienate and discontinue the use of certain parklands.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-06-07 - substituted by s9212a [A10161 Detail]

Download: New_York-2023-A10161-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10161--A

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Slater,
          Levenberg) -- read once and referred to the Committee on Local Govern-
          ments -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  authorizing  the  town  of  Yorktown, county of Westchester, to
          alienate and discontinue the use of certain 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 town of York-
     2  town, county of Westchester, is hereby authorized, acting by and through
     3  its governing body, and upon such terms and conditions as determined  by
     4  such governing body, to discontinue the use as parkland and alienate the
     5  lands described in section three of this act for use as a cell tower.
     6    § 2. The authorization contained in section one of this act shall only
     7  be  effective  on  the  condition  that the town of Yorktown dedicate an
     8  amount equal to or greater than fair market value of the parklands being
     9  alienated pursuant to section one of this act towards the acquisition of
    10  new parklands and/or capital improvements to existing  park  and  recre-
    11  ational facilities.
    12    § 3. The parklands authorized by section one of this act to be discon-
    13  tinued as parkland is described as follows:
    14    ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWN OF YORKTOWN, COUN-
    15  TY  OF  WESTCHESTER  AND  STATE  OF NEW YORK AND BEING A PORTION OF LAND
    16  CONVEYED TO THE TOWN OF YORKTOWN, A MUNICIPAL CORPORATION BY  INSTRUMENT
    17  NUMBER  460060131  IN  THE WESTCHESTER COUNTY CLERK'S OFFICE BOUNDED AND
    18  DESCRIBED AS FOLLOWS:
    19    COMMENCING AT A POINT, SAID POINT BEING LOCATED ON  THE  NORTHEASTERLY
    20  BOUNDS  OF GRANITE SPRINGS ROAD, SAID POINT ALSO BEING THE SOUTHEASTERLY
    21  CORNER OF TAX PARCEL 27.11-1-34, BEING OWNED NOW OR FORMERLY BY  DOUGLAS
    22  AND  KAREN  ERICKSON,  THENCE  FROM SAID POINT OF COMMENCEMENT ALONG THE
    23  NORTHEASTERLY BOUNDS OF GRANITE SPRINGS ROAD N. 62° 39' 43"  W.,  73.24'
    24  TO THE POINT AND PLACE OF BEGINNING, THENCE FROM SAID POINT OF BEGINNING
    25  THROUGH THE SAID LANDS OF TOWN OF YORKTOWN, A MUNICIPAL CORPORATION, THE
    26  FOLLOWING THIRTEEN (13) COURSES AND DISTANCES:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15455-02-4
        A. 10161--A                         2

     1    (1)  ON A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00' AND A LENGTH OF
     2  CURVE OF 47.11' WITH CHORD BEARING OF N. 17° 23' 45.46" W., THENCE
     3    (2) N. 27° 20' 17" E.,  170.00', THENCE
     4    (3) S. 85° 45' 34" E.,  79.00', THENCE
     5    (4) N. 20° 28' 43" E.,  65.00', THENCE
     6    (5) N. 40° 16' 31" E.,  80.00', THENCE
     7    (6) N. 69° 36' 12" E.,  56.66', THENCE
     8    (7) N. 82° 14' 39" E.,  107.19', THENCE
     9    (8) N. 07° 40' 18" W.,  130.04', THENCE
    10    (9) S. 82° 19' 42" W.,  134.45', THENCE
    11    (10) S. 36° 27' 01" W.,  182.30', THENCE
    12    (11)    ON A CURVE TO THE LEFT HAVING A RADIUS OF 200.00' AND A LENGTH
    13  OF CURVE OF 136.86' WITH CHORD BEARING OF S. 46° 33' 46.98" W., THENCE
    14    (12) S. 27° 20' 17" W., 170.00', THENCE
    15    (13) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 47.12' AND A LENGTH OF
    16  CURVE OF 30.00’ WITH CHORD BEARING OF S. 72° 12' 10.93" W., TO  A  POINT
    17  ON  THE  NORTHEASTERLY BOUNDS OF GRANTIE SPRINGS ROAD, THENCE ALONG SAID
    18  NORTHEASTERLY BOUNDS
    19    (14) S. 62° 39' 43" E., 110.00' THE  POINT  AND  PLACE  OF  BEGINNING,
    20  CONTAINING 51,109 SQ. FEET or 1.173 acres, MORE OR LESS.
    21    §  4.  In  the  event  that  the town of Yorktown received any funding
    22  support or assistance from the  federal  government  for  the  purchase,
    23  maintenance,  or improvement of the parklands set forth in section three
    24  of this act, the discontinuance and alienation of such parklands author-
    25  ized by the provisions of this act shall not occur  until  the  town  of
    26  Yorktown  has  complied  with any federal requirements pertaining to the
    27  alienation or conversion of parklands, including satisfying  the  secre-
    28  tary of the interior that the alienation or conversion complies with all
    29  conditions which the secretary of the interior deems necessary to assure
    30  the substitution of other lands shall be equivalent in fair market value
    31  and usefulness to the lands being alienated or converted.
    32    § 5. This act shall take effect immediately.