Bill Text: NY A10388 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the town of Southeast, county of Putnam, to alienate certain lands used as parkland and to dedicate certain other lands as parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-10-07 - signed chap.219 [A10388 Detail]

Download: New_York-2019-A10388-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10388

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by M. of A. BYRNE -- read once and referred to the Committee
          on Local Governments

        AN ACT in relation to authorizing  the  town  of  Southeast,  county  of
          Putnam,  to  alienate  certain  lands used as parkland and to dedicate
          certain other 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 town of South-
     2  east, county of Putnam, acting by and through its town  board  and  upon
     3  such  terms  and  conditions  as determined by such town board is hereby
     4  authorized to discontinue as parklands and alienate the lands  described
     5  in  section  three  of  this act to Proswing Sports Realty, Inc. for the
     6  purpose of developing such lands for recreational use, provided that any
     7  conveyance of such parklands shall be specifically conditioned  by  deed
     8  restriction to prohibit such lands from being used for any purpose other
     9  than recreation as may be defined by the town of Southeast zoning code.
    10    §  2.  The  authorization provided in section one of this act shall be
    11  effective only upon the condition  that  Proswing  Sports  Realty,  Inc.
    12  convey  to the town of Southeast, and that the town of Southeast acquire
    13  and dedicate the lands described in section four of this  act  as  park-
    14  lands, provided that the town of Southeast has never used such lands for
    15  public open space or park purposes.
    16    §  3. The parklands authorized by section one of this act to be alien-
    17  ated are described as follows:

    18             Description of Alienation of Parcel (15.605 Acres)

    19    ALL that certain piece or parcel of land situate, lying and  being  in
    20  the  Town  of Southeast, County of Putnam and State of New York, being a
    21  portion of Parcel 1A conveyed to the Town of Southeast  as  recorded  in
    22  Liber  1791  of  deeds  at Page 437 in the Putnam County Clerk's Office,
    23  said parcel also designated as the "15.605 Acres to Alienate"  as  shown
    24  on  a  map  entitled  "Map  of Alienation Parcel prepared for Proswing",

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16224-02-0
        A. 10388                            2

     1  prepared by Insite Engineering, Surveying  and  Landscape  Architecture,
     2  P.C., being more particularly bounded and described as follows:
     3  COMMENCING  at the southwest corner of the "44.854 Acres Remaining Park-
     4  land" parcel as shown on the aforementioned map, said point  also  being
     5  the  northwest  corner  of  lands  now  or  formerly belonging to Putnam
     6  Seabury Partners and along the westerly line of Pugsley Road as shown on
     7  a map entitled, "Map Showing Parcels to be Exchanged for the Improvement
     8  of Pugsley Road, Zimmer Road, Barrett  Road  and  Fields  Corner  Road",
     9  dated July 8, 2004, prepared by Badey & Watson Surveyors;
    10  thence  along  said  westerly line of Pugsley Road, North 14°46'25" West
    11  1381.48 feet to the point or place of BEGINNING;
    12  thence continuing along the westerly line of Pugsley Road the  following
    13  bearings and distances:
    14  North 14°46'25" West 104.23 feet,
    15  North 09°49'22" West 83.67 feet,
    16  North 05°56'12" West 153.12 feet,
    17  North 07°07'02" West 198.06 feet and
    18  North 10°39'52" West 170.34 feet to the southerly line of Zimmer Road;
    19  thence along said line the following bearings and distances:
    20  North 68°34'08" East 102.92 feet,
    21  North 64°09'18" East 34.01 feet,
    22  North 66°07'08" East 64.00 feet,
    23  North 71°31'08" East 42.22 feet,
    24  North 68°14'28" East 136.14 feet,
    25  North 71°03'28" East 35.15 feet,
    26  North 65°40'18" East 29.00 feet,
    27  North 72°49'48" East 65.10 feet,
    28  North 65°31'08" East 40.01 feet and
    29  North  68°01'58"  East  365.88 feet to the westerly line of lands now or
    30  formerly belonging to the County of Putnam as described  in  Liber  1871
    31  Page 291;
    32  thence along said line South 12°26'14" East 442.31 feet to the northwes-
    33  terly  line  of the "44.854 Acres Remaining Parkland" parcel as shown on
    34  of above-mentioned map entitled "Map of Alienation Parcel  prepared  for
    35  Proswing";
    36  thence along the northwesterly and northerly lines of said parcel, South
    37  19°14'26"  West  523.33 feet and South 80°23'07" West 668.46 feet to THE
    38  POINT OR PLACE OF BEGINNING.

    39             Description of Alienation of Parcel (66.177 Acres)

    40    ALL that certain piece or parcel of land situate, lying and  being  in
    41  the  Town  of Southeast, County of Putnam and State of New York, being a
    42  portion of Parcels 2A and 3A  conveyed  to  the  Town  of  Southeast  as
    43  recorded in Liber 1791 of deeds at Page 437 in the Putnam County Clerk's
    44  Office, said parcel also designated as the "66.177 Acres to Alienate" as
    45  shown  on  a map entitled "Map of Alienation Parcels prepared for Prosw-
    46  ing", prepared by Insite Engineering, Surveying and Landscape  Architec-
    47  ture, P.C., being more particularly bounded and described as follows:
    48  BEGINNING  along  the easterly line of Fields Corner Road, as shown on a
    49  map entitled, "Map Showing Parcels to be Exchanged for  the  Improvement
    50  of  Pugsley  Road,  Zimmer  Road,  Barrett Road and Fields Corner Road",
    51  dated July 8, 2004, prepared by Badey & Watson Surveyors, at  the  divi-
    52  sion  line  between the lands now or formerly belonging to the County of
    53  Putnam to the North and the parcel described herein on the South;
        A. 10388                            3

     1  thence along said  division  line,  also  reputedly  the  division  line
     2  between the Town of Patterson and the Town of Southeast, North 82°46'38"
     3  East 1361.15 feet to the westerly line of a parcel designated as "26.834
     4  Acres  Remaining  Parkland"  as shown on the aforementioned map entitled
     5  "Map of Alienation Parcels prepared for Proswing";
     6  thence along the westerly and southerly line of said "26.834 Acres Park-
     7  land" parcel, South 03°00'04" East 1074.09 feet and South 66°02'42" East
     8  1114.50 feet to the westerly line of Interstate Route No. 503-32 and the
     9  northeast  corner  of  lands  now or formerly belonging to the County of
    10  Putnam as described in Liber 1871 Page 291;
    11  thence along the northerly line of lands of the County of Putnam,  South
    12  75°47'09"  West  600.00 feet and South 12°26'14" East 350.36 feet to the
    13  northerly line of Zimmer Road;
    14  thence along said line the following bearings and distances:
    15  South 69°15'28" West 120.68 feet,
    16  South 66°02'18" West 56.25 feet,
    17  North 68°10'32" West 2.97 feet,
    18  South 67°14'28" West 98.15 feet,
    19  South 69°02'08" West 255.42 feet,
    20  South 50°17'38" West 8.30 feet,
    21  South 75°15'38" West 29.41 feet,
    22  South 66°45'48" West 84.01 feet,
    23  South 71°47'18" West 42.24 feet,
    24  South 67°28'28" West 181.09 feet,
    25  South 68°31'38" West 66.08 feet,
    26  South 74°50'48" West 42.45 feet and
    27  North 78°16'12" West 137.86 feet to the easterly line of  Fields  Corner
    28  Road,  as  shown  on  a  the  aforementioned  map entitled, "Map Showing
    29  Parcels to be Exchanged for the  Improvement  of  Pugsley  Road,  Zimmer
    30  Road, Barrett Road and Fields Corner Road";
    31  thence along said line the following bearings and distances:
    32  North  30°25'52"  West  485.20  feet  to  a tangent curve, to the right,
    33  having a radius of 770.00 feet, a central angle of 2°49'53" and  an  arc
    34  length of 38.05 feet,
    35  N 16°05'52" West 0.85 feet,
    36  N  28°28'12" West 7.88 feet to a non-tangent curve, to the right, having
    37  a radius of 770.00 feet, a central angle of 16°21'12" and an arc  length
    38  of 219.77 feet to a point of tangency,
    39  N  10°35'52"  West 578.00 feet to a tangent curve, to the left, having a
    40  radius of 150.00 feet, a central angle of 20°41'28" and an arc length of
    41  54.17 feet,
    42  N 27°53'52" West 26.24 feet,
    43  N 42°51'02" West 16.20 feet,
    44  N 65°59'32" West 14.90 a non-tangent curve, to the left, having a radius
    45  of 150.00 feet, a central angle of 22°04'56" and an arc length of  57.81
    46  feet to a point of tangency,
    47  N 74°35'52" West 23.27 feet,
    48  N 70°49'52" West 26.67 feet,
    49  N 83°36'32" West 11.19 feet,
    50  N  74°35'52"  West 43.06 feet to a tangent curve, to the right, having a
    51  radius of 160.00 feet, a central angle of 55°30'00" and an arc length of
    52  154.99 feet,
    53  N 19°05'52" West 212.47 feet.
    54  N 70°17'58" East 15.12 feet,
    55  N 31°55'23" West 68.14 feet,
        A. 10388                            4

     1  N 19°05'52" West 20.92 feet to a tangent curve, to the right,  having  a
     2  radius of 270.00 feet, a central angle of 21°00'00" and an arc length of
     3  98.96 feet,
     4  N  01°54'08"  East 255.00 feet to a tangent curve, to the left, having a
     5  radius of 830.00 feet, a central angle of 3°51'54" and an arc length  of
     6  55.99 feet to the POINT OR PLACE OF BEGINNING.

     7                   Description of Alienation of Parcel 1B

     8    ALL  that  certain piece or parcel of land situate, lying and being in
     9  the Town of Southeast, County of Putnam and State  of  New  York,  being
    10  Parcel 1B conveyed to the Town of Southeast as recorded in Liber 1791 of
    11  deeds  at Page 437 in the Putnam County Clerk's Office, said parcel also
    12  designated as "Parcel 1B" as shown on a map entitled "Map of  Alienation
    13  Parcels  prepared for Proswing", prepared by Insite Engineering, Survey-
    14  ing and Landscape Architecture, P.C., being  more  particularly  bounded
    15  and described as follows:
    16  COMMENCING  at a point along the easterly line of Fields Corner Road, as
    17  shown on a map entitled, "Map Showing Parcels to be  Exchanged  for  the
    18  Improvement of Pugsley Road, Zimmer Road, Barrett Road and Fields Corner
    19  Road",  dated July 8, 2004, prepared by Badey & Watson Surveyors, at the
    20  division line between the lands now or formerly belonging to the  County
    21  of  Putnam on the North and the "66.177 Acres to Alienate" parcel on the
    22  South, as shown on the aforementioned map entitled, "Map  of  Alienation
    23  Parcel prepared for Proswing";
    24  thence  along said line of Fields Corner Road the following bearings and
    25  distances:
    26  on a curve, to the right, having a radius  of  830.00  feet,  a  central
    27  angle of 3°51'54" and an arc length of 55.99 feet,
    28  South  01°54'08"  West  255.00 to a tangent curve, to the left, having a
    29  radius of 270.00 feet, a central angle of 21°00'00" and an arc length of
    30  98.96 feet,
    31  South 19°05'52" East 20.92
    32  South 31°55'23" East 68.14
    33  South 70°17'58" West 15.12
    34  South 19°05'52" East 212.47 to a tangent curve, to the  left,  having  a
    35  radius of 160.00 feet, a central angle of 55°30'00" and an arc length of
    36  154.99 feet,
    37  South 74°35'52" East 43.06
    38  South 83°36'32" East 11.19
    39  South 70°49'52" East 26.67
    40  South  74°35'52" East 23.27 to a non-tangent curve, to the right, having
    41  a radius of 150.00 feet, a central angle of 22°04'56" and an arc  length
    42  of 57.81 feet to a point of tangency,
    43  South 65°59'32" East 14.90
    44  South 42°51'02" East 16.20
    45  South  27°53'52"  East  26.24 to a tangent curve, to the right, having a
    46  radius of 150.00 feet, a central angle of 20°41'28" and an arc length of
    47  54.17 feet,
    48  South 10°35'52" East 578.00 a non-tangent curve, to the left,  having  a
    49  radius of 770.00 feet, a central angle of 16°21'12" and an arc length of
    50  219.77 feet to a point of tangency,
    51  South 28°28'12" East 7.88 feet,
    52  South  16°05'52" East 0.85 feet, to a tangent curve, to the left, having
    53  a radius of 770.00 feet, a central angle of 2°49'53" and an  arc  length
    54  of 38.05 feet and
        A. 10388                            5

     1  South 30°25'52" East 485.20 feet to the northerly line of Zimmer Road;
     2  thence crossing said road, South 30°25'52" East 46.10 feet to a point on
     3  the  southerly  line of Zimmer Road where the same is intersected by the
     4  division line of lands now or formerly belonging to Putnam Seabury Part-
     5  ners and the premises herein described, said point being the TRUE  POINT
     6  OR PLACE OF BEGINNING.
     7  thence  along  the  southerly  line of Zimmer Road, South 80°25'00" East
     8  46.13 feet and South 67°55'56" East 38.35  feet  to  the  aforementioned
     9  lands of Putnam Seabury Partners;
    10  thence  along  said  lands, South 57°54'08" West 27.81 feet to a tangent
    11  curve, to the right, having a radius of 30.00 feet, a central  angle  of
    12  91°40'00"  and  an  arc  length  of 48.00' feet and North 30°25'52" West
    13  30.90 feet to the southerly line of Zimmer Road and the point  or  place
    14  of BEGINNING.

    15                   Description of Alienation of Parcel 2B

    16    ALL  that  certain piece or parcel of land situate, lying and being in
    17  the Town of Southeast, County of Putnam and State  of  New  York,  being
    18  Parcel 2B conveyed to the Town of Southeast as recorded in Liber 1791 of
    19  deeds  at Page 437 in the Putnam County Clerk's Office, said parcel also
    20  designated as "Parcel 2B" as shown on a map entitled "Map of  Alienation
    21  Parcels  prepared for Proswing", prepared by Insite Engineering, Survey-
    22  ing and Landscape Architecture, P.C., being  more  particularly  bounded
    23  and described as follows:
    24  COMMENCING  at a point along the easterly line of Pugsley Road, as shown
    25  on a map entitled, "Map Showing Parcels to be Exchanged for the Improve-
    26  ment of Pugsley Road, Zimmer Road, Barrett Road and Fields Corner Road",
    27  dated July 8, 2004, prepared by Badey & Watson Surveyors, at  the  divi-
    28  sion  line  between  lands  now  or formerly belonging to Putnam Seabury
    29  Partners on the South and the "44.845 Acres Remaining Parkland"  on  the
    30  North  as  shown  on  the aforementioned map entitled "Map of Alienation
    31  Parcels prepared for Proswing";
    32  thence along said line of Pugsley Road,  North  14°46'25"  West  1381.48
    33  feet and North 14°46'25" West 104.23 feet to a point;
    34  thence  crossing  Pugsley  Road,  North  14°46'25" West 130.90 feet to a
    35  tangent curve, to the left, having a radius of 830.00  feet,  a  central
    36  angle  of 7°06'33" and an arc length of 102.99 feet to the westerly line
    37  of Pugsley Road where the same  is  intersected  by  the  division  line
    38  between other lands now or formerly belonging to Putnam Seabury Partners
    39  and  the  premises  herein described, said point being the TRUE POINT OR
    40  PLACE OF BEGINNING;
    41  thence along said lands of Putnam Seabury Partners the  following  bear-
    42  ings and distances;
    43  on a curve, to the left, having a radius of 830.00 feet, a central angle
    44  of 8°33'27" and an arc length of 123.97 feet to a point of tangency,
    45  N  30°26'25"  W 157.75 to a tangent curve, to the right, having a radius
    46  of 30.00 feet, a central angle of 88°20'00" and an arc length  of  46.25
    47  feet,
    48  N 57°53'35" E 48.78 to the westerly line of Pugsley Road;
    49  thence along said line the following bearings and distances:
    50  S 48°02'44" E 53.03
    51  S 01°56'04" E 23.68 feet,
    52  S 11°00'24" E 40.04 feet,
    53  S 07°35'17" E 99.01 feet,
    54  S 14°57'24" E 42.26 feet and
        A. 10388                            6

     1  S 08°30'54" E 77.15 to the point or place of BEGINNING.
     2  TOTAL OF ALL PARCELS TO BE CONVEYED BY THE TOWN TO PROSWING SPORTS REAL-
     3  TY, INC. TOTALS 82.170 ACRES
     4    §  4.  The lands to be conveyed to the town of Southeast and dedicated
     5  as parkland are described as follows:

     6   Description of Proswing Sports Realty Inc. Parcel Lot A (94.884 Acres)

     7    ALL that certain piece or parcel of land situate, lying and  being  in
     8  the  Town  of  Southeast, County of Putnam and State of New York, desig-
     9  nated as Lot A as shown  on  a  map  entitled  "Final  Subdivision  Plat
    10  prepared  for  Proswing",  prepared by Insite Engineering, Surveying and
    11  landscape Architecture, P.C., approved  by  the  Town  of  Southeast  on
    12  February  24,  2020,  to  be  filed in the Putnam County Clerk's Office,
    13  being more particularly bounded and described as follows:
    14  BEGINNING at a point along the westerly line of Starr Ridge Road at  the
    15  southerly  line  of  lands  now or formerly belonging to Craig & Deborah
    16  Cole, said point also being along the easterly boundary  of  the  herein
    17  described parcel;
    18  thence  along  said line of Starr Ridge Road, the following bearings and
    19  distances:
    20  S 04°15'50" W 372.71 feet,
    21  S 02°09'10" W 213.09 feet and
    22  S 02°44'25" W 392.80 feet to lands now or formerly belonging to  Michael
    23  J. & Kathy A. Daigneault Revocable Trust;
    24  thence  along  said lands and also along lands now or formerly belonging
    25  to Edward & Yvonne Raboy Family Partnership Limited, the following bear-
    26  ings and distances:
    27  S 89°04'40" W 197.33 feet,
    28  S 86°54'10" W 113.03 feet,
    29  S 89°02'10" W 267.00 feet and
    30  S 88°04'00" W 581.20 feet to lands now or formerly belonging to  Ghassan
    31  Atalla,
    32  thence  along  said lands and also along lands now or formerly belonging
    33  to Tonya M. Carr-Waldron &  Bradley  Waldron,  and  also  lands  now  or
    34  formerly   belonging   to  Nasser  Aqeel,  the  following  bearings  and
    35  distances:
    36  N 05°03'40" W 407.27 feet,
    37  N 05°26'36" W 281.10 feet,
    38  N 05°07'06" W 108.30 feet,
    39  N 15°03'40" E 204.65 feet,
    40  S 85°53'10" W 388.31 feet,
    41  S 87°23'10" W 362.51 feet,
    42  S 73°16'00" W 47.94 feet,
    43  S 86°36'38" W 105.72 feet,
    44  S 76°48'16" W 33.14 feet,
    45  S 59°38'12" W 19.94 feet and
    46  S 77°06'32" W 197.09 feet to lands now or formerly belonging to  Barbara
    47  F. & Joshua White;
    48  thence  along  said lands and also along lands now or formerly belonging
    49  to Elizabeth Echegaray, and also along lands now or  formerly  belonging
    50  to Jeremy Sabatini and also along lands now or formerly belonging Daniel
    51  Prendergast   &   Jennifer  L.  Johnston,  the  following  bearings  and
    52  distances:
    53  N 05°08'40" W 491.23 feet,
    54  S 82°52'50" W 92.09 feet,
        A. 10388                            7

     1  S 86°02'00" W 124.78 feet,
     2  N 17°05'30" E 330.39 feet,
     3  N 11°27'50" E 100.13 feet,
     4  N 16°57'40" E 100.10 feet,
     5  N 09°43'40" E 70.23 feet,
     6  N 19°59'20" E 17.14 feet and
     7  S 84°51'20" W 591.11 feet to the easterly line of Turk Hill Road;
     8  thence along said line, the following bearings and distances:
     9  N 10°06'18" E 138.66 feet,
    10  N 03°21'11" E 259.30 feet and
    11  N  48°20'17" E 48.28 feet to lands now or formerly belonging to Lawrence
    12  Fryer designated as Lot 2 as shown on a map entitled "Final  Subdivision
    13  Plat Triple "T" Estates" filed on September 29, 2003 as map number 2937;
    14  thence along said lands, the following bearings and distances:
    15  N 84°25'00" E 2156.86 feet,
    16  N 13°00'00" E 21.34 feet and
    17  N 83°44'40" E 272.00 feet to lands now or formerly belonging to Joseph &
    18  Elizabeth Kiss;
    19  thence along said lands, S 06°15'20" E 500.00 feet to the northerly line
    20  of  Lot B as shown on the aforementioned map entitled "Final Subdivision
    21  Plat prepared for Proswing";
    22  thence along said Lot the following bearings and distances:
    23  S 83°44'40" W 459.26 feet,
    24  S 06°15'20" E 343.37 feet and
    25  N 83°44'40" E 346.914 feet to lands now or formerly belonging  to  Craig
    26  and Deborah Cole;
    27  thence along said lands the following bearings and distances:
    28  S 02°51'20" W 271.15 feet,
    29  S 03°45'50" W 471.95 feet and
    30  N 86°27'10" E 626.86 feet to the point or place of BEGINNING.
    31    §  5.  In  the  event  that  the  fair  market  value of the parklands
    32  described in section four of this act to be dedicated  by  the  town  of
    33  Southeast pursuant to this act are not equal to or greater than the fair
    34  market  value  of  the parklands to be alienated as described in section
    35  three of this act, the town of Southeast shall dedicate  the  difference
    36  of  the  fair market value of the lands to be alienated and the lands to
    37  be dedicated for the acquisition of additional parklands and/or  capital
    38  improvements to existing park and recreational facilities.
    39    §  6.  In  the  event  that the town of Southeast received any funding
    40  support or assistance from the federal government for the purchase main-
    41  tenance or improvement of the parklands set forth in  section  three  of
    42  this  act, the discontinuance and alienation of such parkland authorized
    43  by the provisions of this act shall not occur until  town  of  Southeast
    44  has  complied with any federal requirements pertaining to the alienation
    45  or conversion of parklands, including satisfying the  secretary  of  the
    46  interior  that the alienation or conversion complies with all conditions
    47  which the secretary of  the  interior  deems  necessary  to  assure  the
    48  substitution of other lands shall be equivalent in fair market value and
    49  usefulness to the lands being alienated or converted.
    50    § 7. This act shall take effect immediately.