Bill Text: NY S07118 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-08-17 - SIGNED CHAP.197 [S07118 Detail]

Download: New_York-2017-S07118-Amended.html

                STATE OF NEW YORK
                    IN SENATE
                                     January 3, 2018
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to authorize the town of Yorktown, in the county  of  Westchester
          to alienate 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 Yorktown
     2  in the county of Westchester, acting by and through its  governing  body
     3  and upon such terms and conditions as determined by such board is hereby
     4  authorized  to discontinue as parklands and alienate the lands described
     5  in section three of this act that are unusable for  public  recreational
     6  purposes.
     7    § 2. The authorization contained in section one of this act shall take
     8  effect  only upon the condition that the town of Yorktown shall dedicate
     9  an amount equal to or greater than the fair market value  of  the  park-
    10  lands being discontinued towards the acquisition of new parklands and/or
    11  towards  capital  improvements  to  existing  parkland  and recreational
    12  facilities.
    13    § 3. The parklands authorized by section one of this act to be  alien-
    14  ated are described as follows:
    15    All  that certain plot, piece or parcel of land, being in the Incorpo-
    16  rated Town of Yorktown, County of Westchester and  State  of  New  York,
    17  bounded and described as follows:
    18    BEGINNING  at a point on the easterly side of Illington Road where the
    19  same is intersected by the northern boundary line  of  now  or  formerly
    20  Kuchenmeister
    21    THENCE  running  along  the  easterly  side  of  Illington  Road  in a
    22  northeasterly direction and
    23    THENCE following the stone wall a distance of 420 feet
    24    THENCE still continuing along said easterly side of Illington Road  as
    25  same bears to the left in a northerly direction
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7118--A                          2
     1    THENCE  following  the stone wall a distance of 780 feet to the inter-
     2  section of said easterly side of Illington Road with the southerly  side
     3  of the Old Croton Dam Road
     4    THENCE  running  easterly  along the southerly side of said Old Croton
     5  Dam Road 132 feet to a monument and land of the State of New York acting
     6  as the Westchester County Park Commission
     7    THENCE running along the westerly  boundary  of  said  last  mentioned
     8  land,  first in a southerly direction on a curve bearing to the right, a
     9  length of 557.06 feet to another monument
    10    THENCE on a curve still bearing to the right in a southwesterly direc-
    11  tion length of 297.06 feet
    12    THENCE still southwesterly in a straight line, a  distance  of  273.05
    13  feet  to a point in the westerly boundary line of said land of the State
    14  of New York acting by the Westchester County Park Commission  where  the
    15  same  is  interested  by  the  aforementioned northerly boundary line of
    16  Kuchenmeister
    17    THENCE running westerly along said northerly boundary line of said  of
    18  Kuchenmeister  460  feet to the point or place of BEGINNING containing a
    19  total of 5.73 acres.
    20    § 4. In the event that the  town  of  Yorktown  received  any  funding
    21  support  or  assistance  from  the  federal government for the purchase,
    22  maintenance or improvement of the parklands set forth in  section  three
    23  of  this act, the discontinuance and alienation of such parkland author-
    24  ized by the provisions of this act shall not occur  until  the  town  of
    25  Yorktown  has  complied  with any federal requirements pertaining to the
    26  alienation or conversion of parklands, including satisfying  the  secre-
    27  tary of the interior that the alienation or conversion complies with all
    28  conditions which the secretary of the interior deems necessary to assure
    29  the substitution of other lands shall be equivalent in fair market value
    30  and usefulness to the lands being alienated or converted.
    31    § 5. This act shall take effect immediately.