Authorizes the town of New Castle, county of Westchester, to alienate and discontinue the use of certain parklands and to dedicate certain other lands conveyed to the town from Vivek and Chitra Agastya as parklands.
STATE OF NEW YORK
________________________________________________________________________
6046--B
2021-2022 Regular Sessions
IN SENATE
March 31, 2021
___________
Introduced by Sen. HARCKHAM -- 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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to authorize the town of New Castle, county of Westchester, to
alienate and discontinue the use of certain parklands 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 New
2 Castle, county of Westchester, acting by and through its governing body,
3 and upon such terms and conditions as determined by such body, is hereby
4 authorized to discontinue as parklands and to alienate the lands more
5 particularly described in section three of this act for the purpose of
6 facilitating the future development of a multi-use trail along the West-
7 chester County Sewer Trunk Line in the town of New Castle.
8 § 2. The authorization provided by section one of this act shall be
9 effective only upon the condition that Vivek and Chitra Agastya convey
10 to the town of New Castle, and that the town of New Castle acquire and
11 dedicate the lands described in section four of this act as parklands,
12 provided that the town of New Castle has never used such lands for
13 public open space or park purposes.
14 § 3. The parklands authorized by section one of this act to be alien-
15 ated as parklands are described as follows:
16 Description of Alienation of Parcel (0.60 Acres)
17 Portion of Section 92.16, Block 1, Lot 22
18 ALL that certain plot, piece or parcel of land situate, lying and being
19 in the Town of New Castle, County of Westchester and State of New York,
20 shown on a certain map entitled "Map No. 1, Chappaqua Section of
21 Lawrence Farms, Town of New Castle, Westchester County, New York", dated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10605-05-1
S. 6046--B 2
1 February 2, 1929 as prepared by William A. Smith, Civil Engineer and
2 filed in the Westchester County Clerk's Office - Division of Land
3 Records on April 29, 1929, as Map No. 3424, said property being more
4 particularly bounded and described as follows:
5 BEGINNING at a point lying on the northerly side of North Way as shown
6 on said filed map, said point also lying on the division line between
7 the lands of Agastya and the lands of the Town of New Castle as
8 described in Liber 5061 Page 483 as filed in the Westchester County
9 Clerk's Office;
10 RUNNING THENCE along said northerly side of North Way South 59 degrees
11 21 minutes 22 seconds West a distance of 187.8' +/- to a point;
12 RUNNING THENCE over and across the lands of the Town of New Castle the
13 following courses and distances:
14 North 29 degrees 19 minutes West a distance of 154.0' +/- to a point;
15 North 44 degrees 06 minutes 20 seconds East a distance of 119.7' +/- to
16 a point lying on said division line between the lands of Agastya and the
17 lands of the Town of New Castle;
18 RUNNING THENCE along said division line South 50 degrees 59 minutes 50
19 seconds East a distance of 197.8' +/- to the point or place of begin-
20 ning.
21 Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
22 § 4. Prior to the discontinuance and alienation of the parklands
23 described in section three of this act, Vivek and Chitra Agastya shall
24 convey to the town of New Castle and the town of New Castle shall
25 acquire and dedicate as parklands such land described as follows:
26 Description of Agastya Parcel (0.60 Acres)
27 Portion of Section 92.16, Block 1, Lot 23
28 ALL that certain plot, piece or parcel of land situate, lying and being
29 in the Town of New Castle, County of Westchester and State of New York,
30 shown on a certain map entitled "Map No. 1, Chappaqua Section of
31 Lawrence Farms, Town of New Castle, Westchester County, New York", dated
32 February 2, 1929 as prepared by William A. Smith, Civil Engineer and
33 filed in the Westchester County Clerk's Office - Division of Land
34 Records on April 29, 1929, as map No. 3424, said property being more
35 particularly bounded and described as follows:
36 BEGINNING at a point lying on the division line between the land now or
37 formerly of Agastya as described in Control Number 561673248 as filed in
38 the Westchester County Clerk's Office - Division of Land records and the
39 lands of the Town of New Castle as described in Liber 5061 Page 483 as
40 filed in the Westchester County Clerk's Office, said point also lying
41 North 50 degrees 59 minutes 50 seconds West a distance of 197.8 feet +/-
42 as measured along said division line from a point lying on the northerly
43 side of North Way as shown on said filed map;
44 RUNNING THENCE in a westerly direction and along said division line
45 North 50 degrees 59 minutes 50 seconds West a distance of 131.2' +/- to
46 the most southwesterly corner of land of Agastya, said point also lying
47 on the division line between the said lands of Agastya and the said
48 lands of the Town of New Castle;
49 RUNNING THENCE in a northerly direction along said division line North
50 43 degrees 12 minutes 10 seconds East a distance of 199.8 feet +/- to
51 the most northwesterly corner of the land of Agastya, said point also
52 being the most southeasterly corner of the land now or formerly of Metz-
53 ger;
54 RUNNING THENCE in an easterly direction South 50 degrees 59 minutes 50
55 seconds East along said division line between Agastya and Metzger a
56 distance of 122.8 feet +/- to a point;
S. 6046--B 3
1 RUNNING THENCE over and across lands now or formerly of Agastya the
2 following courses and distances;
3 South 26 degrees 31 minutes 40 seconds West a distance of 38.1 feet +/-
4 to a point;
5 South 44 degrees 06 minutes 20 seconds West a distance of 162.7 feet +/-
6 to the point or place of beginning.
7 Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
8 § 5. In the event that the fair market value of the parklands
9 described in section four of this act to be dedicated as parklands by
10 the town of New Castle pursuant to this act are not equal to or greater
11 than the fair market value of the parklands to be alienated as described
12 in section three of this act, the town of New Castle shall dedicate the
13 difference of the fair market value of the lands to be alienated and the
14 lands to be dedicated for the acquisition of additional parklands and/or
15 capital improvements to existing park and recreational facilities.
16 § 6. In the event that the town of New Castle received any funding
17 support or assistance from the federal government for the purchase,
18 maintenance or improvement of the parklands set forth in section three
19 of this act, the discontinuance and alienation of such parkland author-
20 ized by the provisions of this act shall not occur until the town of New
21 Castle has complied with any federal requirements pertaining to the
22 alienation or conversion of parklands, including satisfying the secre-
23 tary of the interior that the alienation or conversion complies with all
24 conditions which the secretary of the interior deems necessary to assure
25 the substitution of other lands shall be equivalent in fair market value
26 and usefulness to the lands being alienated or converted.
27 § 7. This act shall take effect immediately.
