Authorizes the city of New Rochelle, county of Westchester to alienate and discontinue the use of certain parklands, in furtherance of an economic development interest of the state and/or city of New Rochelle.
STATE OF NEW YORK
________________________________________________________________________
7184
2021-2022 Regular Sessions
IN SENATE
June 4, 2021
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT in relation to authorizing the city of New Rochelle, county of
Westchester to sell, convey and alienate certain land, in furtherance
of an economic development interest of the state and/or city of New
Rochelle
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 and conditions of this act, the
2 city of New Rochelle, county of Westchester, acting by and through its
3 governing body, is hereby authorized to discontinue as parklands and
4 alienate, the parklands, described in section four of this act, in
5 furtherance of an economic development interest of the state and/or city
6 of New Rochelle.
7 § 2. The authorization contained in section one of this act shall take
8 effect only upon the condition that:
9 (a) the city of New Rochelle shall dedicate the lands described in
10 section nine of this act as parkland, provided that the city of New
11 Rochelle has never used such lands for public open space or park
12 purposes; and
13 (b) any such deed transferring the parcel described in section four of
14 this act provides (i) for the preservation of the Armory Building,
15 including the annex, and (ii) a dedicated space for veterans organiza-
16 tion use at no charge or a de minimis rental amount as approved by the
17 city council.
18 § 3. After the conditions specified in sections two and five of this
19 act are satisfied and notwithstanding subdivision 2 of section 20 of the
20 general city law, the city of New Rochelle is hereby authorized, acting
21 through its legislative body, to sell, alienate and convey the water-
22 front real property, described in section six of this act in furtherance
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11516-09-1
S. 7184 2
1 of an economic development interest of the state and/or city of New
2 Rochelle.
3 § 4. The parklands authorized by section one of this act to be discon-
4 tinued as parklands in the letters patent dated July 24, 1997, recorded
5 in the Westchester County Clerk's office at Liber 11802, Page 272 on
6 September 3, 1997 are described as follows:
7 ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the City of New
8 Rochelle, County of Westchester, and State of New York, being further
9 described as follows:
10 BEGINNING at a point on the southerly side of East Main Street at its
11 intersection with the division line between the lands of the People of
12 the State of New York, on the east, and lands now or formerly of Anthony
13 Petro, on the west, said point being distant S. 29 51' W., 304.28 feet
14 from New Rochelle City Monument No. 4 which is located at the northwes-
15 terly corner of the intersection of Pratt and Huguenot Streets; thence
16 N. 52 02' 34 E., along the southerly bounds of East Main Street, 200
17 feet to a point in the westerly bounds of lands, now or formerly, owned
18 by the city of New Rochelle, said point being distance S. 02 32' 30" E.,
19 141.02 feet from the aforesaid Monument No. 4; thence S. 43 23' 32" E.,
20 along the westerly bounds of said lands of the City of New Rochelle, 635
21 feet to a point in the original high water line of New Rochelle Harbor
22 (formerly called Snuff Mill Pond); thence S 52 02' 34" W., generally
23 along said high water line, 200 feet to a point at the southeast corner
24 of lands, now or formerly, of the Colonial Sand and Stone Company, Inc.;
25 thence N. 43 23' 32" W., along the easterly bounds of said lands of the
26 Colonial Sand and Stone Company, Inc., 327.55 feet to a point; thence N.
27 52 28' 17" W., continuing along the easterly bounds of said lands of
28 Colonial Sand and Stone Company, Inc., 57.92 feet to a point in the
29 southerly bounds of lands, now or formerly, of Harvey A. Turnure
30 (designated as Lot 45); thence N. 52 02' 34" E., along the southerly
31 bounds of said lands of Turnure, 9.18 feet to a point; thence N. 43 23'
32 32" W., along the easterly bounds of lands of said Turnure and then
33 continuing along the easterly bounds of the aforesaid lands of Anthony
34 Petro, 251.12 feet to the point and place of beginning, containing 2.908
35 acres of land, more or less.
36 § 5. In the event that the parklands to be dedicated by the city of
37 New Rochelle pursuant to section nine of this act are not equal to or
38 greater than the fair market value of the parkland to be discontinued in
39 section four of this act, the city of New Rochelle shall dedicate the
40 difference of the fair market value of the lands to be alienated and the
41 lands to be dedicated for the acquisition of additional parklands and/or
42 for capital improvements to existing park and recreational facilities.
43 § 6. The waterfront lands authorized by section three of this act to
44 be discontinued as waterfront are described as follows:
45 Parcel A:
46 All that certain piece or parcel of land situate, lying and being in
47 the City of New Rochelle, County of Westchester and State of New York
48 and being bounded and described as follows:
49 BEGINNING at a point on the northerly line of Huntington Place (35
50 feet wide) and also being the southerly line of lands now or formerly
51 owned by Bridge Management Corporation, said point being 537.37 feet
52 distant from the easterly line of Evans Street along the northerly line
53 of Huntington Place, and also being southerly from a concrete monument
54 "New Rochelle City Monument #4" near the westerly line of Pratt Street
55 and the northerly line of Main Street, a course of South 02°30'02" West,
56 a distance of 482.73 feet and running thence; easterly along a fence and
S. 7184 3
1 along the division line between lands now or formerly owned by the City
2 of New Rochelle and lands now or formerly owned by Bridge Management
3 Corporation, a course of North 51°36'37" East, a distance of 58.07 feet
4 to a point on the westerly line of lands now or formerly owned by the
5 City of New Rochelle; thence running southerly along said division line
6 and portions of a concrete wall, a course of South 43°49'29" East, a
7 distance of 404.21 feet to a point in the waters of Echo Bay being on
8 lands owned by the State of New York; thence 43°49'29" East, a distance
9 of 147.72 feet to a point in the waters of Echo Bay; thence running
10 through the waters of Echo Bay the following three courses:
11 Westerly along previously said division line, a course of South
12 60°32'31" West, a distance of 135.71 feet to a point at the southeaster-
13 ly corner of lands now or formerly owned by Jonel Development Corpo-
14 ration; thence northerly along previously said division line, a course
15 of North 29°27'29" West, a distance of 10.00 feet to a point; thence
16 westerly along previously said division line, a course of South
17 60°32'31" West, a distance of 126.77 feet to a point; thence running
18 northerly along previously said division line and along a fence, a
19 course of North 35°33'35" West, a distance of 207.18 feet to a point on
20 the southerly line of Huntington Place (35 feet wide); thence running
21 easterly along the southerly line of Huntington Place, a course of North
22 51°36'37" East, a distance of 326.97 feet to a point; thence running
23 northerly, a course of North 38°23'27" West, a distance of 35.00 feet to
24 the point and place of beginning. Encompassing an area of 101,824
25 square feet or 2.33756 acres, more or less.
26 Parcel B:
27 All that certain piece or parcel of land situate, lying and being in
28 the City of New Rochelle, County of Westchester and State of New York
29 and being bounded and described as follows:
30 BEGINNING at a point on the southerly line of Main Street (variable
31 width) and the division line of lands now or formerly owned by Serita
32 Holding Corporation and lands now or formerly owned by the City of New
33 Rochelle, said point being 1,215.24 feet distant from the easterly line
34 of Evans Street along the southerly line of Main Street, and also being
35 easterly from a concrete monument "New Rochelle City Monument #4" near
36 the westerly line of Pratt Street and the northerly line of Main Street,
37 a course of North 68°34'21" East, a distance of 391.24 feet and running
38 thence;
39 Running Easterly along the division line of lands now or formerly
40 owned by Serita Holding Corporation and lands owned by the State of New
41 York, a course of South 50°05'59" East, a distance of 98.35 feet to a
42 point;
43 thence continuing Easterly along said division line, a course of South
44 45°42'59" East, a distance of 0.15 feet to a point;
45 thence running Northerly along said division line into the waters of
46 Echo Bay, a course of North 20°09'01" East, a distance of 4.07 feet to a
47 point;
48 thence running through the waters of Echo Bay and lands owned by the
49 State of New York the following eight courses:
50 Easterly, a course of South 49°53'15" East, a distance of 148.40 feet
51 to a point;
52 thence southerly, a course of South 31°32'25" East, a distance of
53 44.22 feet to a point;
54 thence southerly, a course of South 01°01'42" East, a distance of
55 154.33 feet to a point;
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1 thence southerly, a course of South 04°45'45" West, a distance of
2 105.62 feet to a point;
3 thence southerly, a course of South 08°22'49" West, a distance of
4 67.94 feet to a point;
5 thence southerly, a course of South 22°43'00" West, a distance of
6 65.54 feet to a point;
7 thence westerly, a course of South 55°09'04" West, a distance of
8 152.09 feet to a point;
9 thence westerly, a course of South 59°23'37" West, a distance of 23.27
10 feet to a point at the prolongation of the division line of lands now or
11 formerly owned by the City of New Rochelle;
12 thence running Northerly along a fence and along the division line of
13 lands now or formerly owned by the City of New Rochelle, a course of
14 North 43°49'29" West, a distance of 689.19 feet to a point on the south-
15 erly line of Main Street, also known as U.S. 1;
16 thence running Easterly along the southerly line of Main Street, a
17 course of North 51°30'41" East, a distance of 455.94 feet to the POINT
18 or PLACE of BEGINNING.
19 Encompassing an area of 289,962 square feet or 6.65661 acres, more or
20 less.
21 § 7. The authorization contained in section six of this act shall take
22 effect only upon the condition that the city of New Rochelle shall dedi-
23 cate waterfront land or receive capital improvements to existing water-
24 front property, the fair market value of which shall be equal to or
25 greater than the fair market value of the waterfront property to be
26 alienated.
27 § 8. The commissioner of general services is hereby authorized and
28 directed to take such action as is necessary to release, extinguish, and
29 relinquish to the city of New Rochelle, its successors and assigns, any
30 and all conditions and/or reservations of the state that limit the use
31 of the real property more particularly described in section four of
32 this act, commonly known as the New York State Armory at City of New
33 Rochelle, for park, recreation, street and highway purposes, including
34 incidental, necessary municipal business in conjunction therewith, and
35 to release, extinguish and convey to the city of New Rochelle any and
36 all rights of reverter and/or of reversion that the state may have in
37 and to such real property, such that any limits of use and/or the rights
38 of reverter and/or reversion, shall be permanently released, extin-
39 guished, and relinquished forever. This section shall not affect any
40 conditions established pursuant to section two of this act.
41 § 9. The lands to be dedicated as parkland by the city of New Rochelle
42 pursuant to subdivision (a) of section two of this act are described as
43 follows:
44 All that certain piece or parcel of land situate, lying and being in
45 the city of New Rochelle, county of Westchester and state of New York
46 and being bounded and described as follows:
47 COMMENCING at a point on the southerly line of Main Street (variable
48 width) and the division line of lands now or formerly owned by Serita
49 Holding Corporation and lands now or formerly owned by the city of New
50 Rochelle, said point being 1,215.24 feet distant from the easterly line
51 of Evans Street along the southerly line of Main Street, and also being
52 easterly from a concrete monument "New Rochelle City Monument #4" near
53 the westerly line of Pratt Street and the northerly line of Main Street,
54 a course of North 68°34'21" East, a distance of 391.24 feet and running
55 the following two courses:
S. 7184 5
1 Southerly along said division line, a course of South 42°12'49" East,
2 a distance of 138.15 feet to a point; thence continuing southerly along
3 said division line, a course of South 50°05'59" East, a distance of
4 39.09 feet to a point, being the POINT or PLACE of BEGINNING, as shown
5 on a certain map entitled "State of New York Office of General Services,
6 Park Area Land Grant in the Application of City of New Rochelle for a
7 Grant of Lands Under the Waters of Echo Bay, Situate in the City of New
8 Rochelle, County of Westchester, State of New York", prepared by Langan
9 Engineering, Environmental, Surveying, Landscape Architecture and Geolo-
10 gy, DPC, dated May 19, 2021; thence running easterly along the division
11 line of lands now or formerly owned by Serita Holding Corporation and
12 lands owned by the State of New York, a course of South 50°05'59" East,
13 a distance of 59.26 feet to a point; thence continuing easterly along
14 said division line, a course of South 45°42'59" East, a distance of 0.15
15 feet to a point; thence running northerly along said division line into
16 the waters of Echo Bay, a course of North 20°09'01" East, a distance of
17 4.07 feet to a point; thence running through the waters of Echo Bay and
18 land owned by the State of New York the following twenty courses:
19 Easterly, a course of South 49°53'15" East, a distance of 148.40 feet
20 to a point; thence southerly, a course of South 31°32'25" East, a
21 distance of 44.22 feet to a point; thence southerly, a course of South
22 01°01'42" East, a distance of 154.33 feet to a point; thence southerly,
23 a course of South 04°45'45" West, a distance of 105.62 feet to a point;
24 thence southerly, a course of South 08°22'49" West, a distance of 67.94
25 feet to a point; thence southerly, a course of South 22°43'00" West, a
26 distance of 65.54 feet to a point; thence westerly, a course of South
27 55°09'04" West, a distance of 152.09 feet to a point; thence westerly, a
28 course of South 59°23'37" West, a distance of 70.76 feet to a point;
29 thence northerly, a course of North 34°54'45" West, a distance of 24.51
30 feet to a point; thence westerly, a course of South 51°31'11" West, a
31 distance of 151.00 feet to a point; thence westerly along a portion of a
32 wall, a course of South 76°11'06" West, a distance of 39.67 feet to a
33 point; thence westerly along a wall, a course of South 81°48'28" West, a
34 distance of 47.46 feet to a point; thence westerly along a wall, a
35 course of North 85°25'57" West, a distance of 46.20 feet to a point;
36 thence westerly along a wall, a course of North 78°58'50" West, a
37 distance of 22.92 feet to a point; thence westerly along a wall, a
38 course of North 65°46'48" West, a distance of 21.49 feet to a point;
39 thence westerly along a wall, a course of North 58°15'30" West, a
40 distance of 22.49 feet to a point; thence northerly along a wall, a
41 course of North 34°36'11" West, a distance of 44.08 feet to a point;
42 thence northerly along a wall, a course of North 41°07'25" West, a
43 distance of 88.45 feet to a point; thence westerly along a portion of a
44 wall, a course of South 49°31'51" West, a distance of 51.82 feet to a
45 point on the easterly line of lands now or formerly owned by City of New
46 Rochelle; thence running along the water's edge through the lands now or
47 formerly owned by the City of New Rochelle the following six courses:
48 Westerly a course of South 49°31'51" West, a distance of 113.64 feet
49 to a point; thence southerly a course of South 29°17'12" East, a
50 distance of 16.95 feet to a point; thence westerly a course of South
51 47°38'55" West, a distance of 24.95 feet to a point; thence westerly a
52 course of South 57°50'50" West, a distance of 56.29 feet to a point;
53 thence southerly a course of South 16°34'44" West, a distance of 17.88
54 feet to a point; thence westerly a course of South 53°14'05" West, a
55 distance of 28.55 feet to a point on the easterly division line of lands
56 now or formerly owned by Jonel Development Corp.; thence running north-
S. 7184 6
1 erly along said division line and along a fence, a course of North
2 35°33'35" West, a distance of 136.58 feet to a point on the southerly
3 line of Huntington Place (35 feet wide); thence running easterly along
4 the southerly line of Huntington Place a course of North 51°36'37" East,
5 a distance of 326.97 feet to a point on the westerly intersection of
6 lands now or formerly owned by the City of New Rochelle and the souther-
7 ly line of Huntington Place; thence running through the lands now or
8 formerly owned by the city of New Rochelle the following eighteen cours-
9 es:
10 Southerly a course of South 38°23'27" East, a distance of 0.43 feet to
11 a point; thence southerly along a curve to the left having an arc length
12 of 26.37 feet, a radius of 35.50 feet, and a central angle of 42°33'21"
13 and being subtended by a chord which bears South 35°09'51" West, a
14 distance of 25.77 feet; thence southerly with a compound curve to the
15 left having an arc length of 55.76 feet, a radius of 35.50 feet, and a
16 central angle of 90°00'00" and being subtended by a chord which bears
17 South 31°06'50" East, a distance of 50.20 feet; thence easterly a course
18 of South 76°06'50" East, a distance of 8.74 feet to a point; thence
19 easterly along a curve to the left having an arc length of 62.49 feet, a
20 radius of 45.50 feet, and a central angle of 78°41'06" and being
21 subtended by a chord which bears North 64°32'37" East, a distance of
22 57.69 feet; thence northerly with a reverse curve to the right having an
23 arc length of 1.84 feet, a radius of 24.50 feet, and a central angle of
24 04°17'34" and being subtended by a chord which bears North 27°20'51"
25 East, a distance of 1.84 feet; thence southerly a course of South
26 32°10'08" East, a distance of 16.31 feet to a point; thence southerly a
27 course of South 37°42'52" East, a distance of 35.96 feet to a point;
28 thence easterly along a curve to the left having an arc length of 222.47
29 feet, a radius of 169.34 feet, and a central angle of 75°16'24" and
30 being subtended by a chord which bears South 75°21'04" East, a distance
31 of 206.81 feet; thence easterly a course of North 51°29'31" East, a
32 distance of 110.44 feet to a point; thence southerly a course of South
33 36°14'53" East, a distance of 38.30 feet to a point; thence easterly a
34 course of North 52°11'12" East, a distance of 138.84 feet to a point;
35 thence northerly along a curve to the left having an arc length of
36 103.38 feet, a radius of 235.50 feet, and a central angle of 25°09'09"
37 and being subtended by a chord which bears North 39°36'37" East, a
38 distance of 102.55 feet; thence northerly with a compound curve to the
39 left having an arc length of 278.34 feet, a radius of 335.50 feet, and a
40 central angle of 47°32'02" and being subtended by a chord which bears
41 North 03°16'02" East, a distance of 270.43 feet; thence northerly a
42 course of North 20°29'59" West, a distance of 50.40 feet to a point;
43 thence northerly along a curve to the left having an arc length of 52.00
44 feet, a radius of 165.50 feet, and a central angle of 18°00'07" and
45 being subtended by a chord which bears North 29°30'03" West, a distance
46 of 51.79 feet; thence northerly a course of North 38°30'06" West, a
47 distance of 94.49 feet to a point; thence northerly along a curve to the
48 right having an arc length of 26.22 feet, a radius of 182.50 feet, and a
49 central angle of 08°13'55" and being subtended by a chord which bears
50 North 34°23'09" West, a distance of 26.20 feet to the POINT or PLACE of
51 BEGINNING.
52 Encompassing an area of 116,875 square feet or 2.68308 acres, more or
53 less.
54 § 10. In the event that the city of New Rochelle received any funding
55 support or assistance from the federal government for the purchase,
56 maintenance or improvement of the parklands set forth in section four of
S. 7184 7
1 this act, the discontinuance and alienation of such parkland authorized
2 by the provisions of this act shall not occur until the city of New
3 Rochelle has complied with any federal requirements pertaining to the
4 alienation or conversion of parklands, including satisfying the secre-
5 tary of the interior that the alienation or conversion complies with all
6 conditions which the secretary of the interior deems necessary to assure
7 the substitution of other lands shall be equivalent in fair market value
8 and usefulness to the lands being alienated or converted.
9 § 11. This act shall take effect immediately.
