STATE OF NEW YORK
________________________________________________________________________
9212--A
IN SENATE
May 6, 2024
___________
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
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.
LBD15455-03-4
S. 9212--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.
