STATE OF NEW YORK
________________________________________________________________________
7590--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 17, 2021
___________
Introduced by M. of A. BYRNE -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the town of Yorktown, county of West-
chester, to alienate and discontinue the use of certain parkland
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, 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 lease at fair market value to
5 HESP Solar LLC for a term not to exceed twenty-five years the lands more
6 particularly described in section three of this act for the purpose of
7 constructing a solar facility and electric vehicle charging stations.
8 § 2. All proceeds from alienation and lease of the parklands author-
9 ized by section one of this act shall be used for acquisition of new
10 parklands and/or towards capital improvements to existing park and
11 recreational facilities.
12 § 3. The parklands authorized by section one of this act to be discon-
13 tinued as parklands and leased are described as follows:
14 All those parcels of land in the town of Yorktown, county of Westches-
15 ter, and State of New York, bounded and described as follows:
16 Parcel 1
17 BEGINNING at a point starting at X: 674978.43, Y: 901697.76; thence
18 running South 3 degrees 00' 48" East 211.71'; thence running South 88
19 degrees 04' 26" West 273.40'; thence running North 1 degree 55' 34" West
20 206.56'; thence running North 86 degrees 59' 10" East 269.44', to the
21 point of beginning. Total acreage of 1.303 acres.
22 Parcel 2
23 BEGINNING at a point starting at X: 674645.87, Y: 901474.68; thence
24 running South 6 degrees 25' 49" East 477.31'; thence running South 83
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11449-02-1
A. 7590--A 2
1 degrees 20' 52" West 135.95'; thence running North 6 degrees 37' 56"
2 West 477.83; thence running North 83 degrees 33' 55" E 137.64', to the
3 point of beginning. Total acreage of 1.50 acres.
4 Parcel 3
5 BEGINNING at a point starting at X: 674639.18, Y: 901680.73; thence
6 running North 6 degrees 46' 40" West 141.06'; thence running North 83
7 degrees 13' 25" East 64.00'; thence running South 6 degrees 46' 40" East
8 141.06'; thence running South 83 degrees 13' 25" West 64.0', to the
9 point of beginning. Total acreage of 0.207 acres.
10 Total acreage of parcels 1, 2 and 3 is approximately 3.01 acres.
11 § 4. Should the lands described in section three of this act cease to
12 be used for the purposes described in section one of this act, the lease
13 shall terminate and those lands shall revert to the town of Yorktown for
14 public park and recreational purposes. At the time of such reversion,
15 the removal of any solar facilities and electric charging stations shall
16 take place and the property shall be returned to its previous state,
17 consistent with park and recreation purposes.
18 § 5. In the event that the town of Yorktown received any funding,
19 support or assistance from the federal government for the purchase,
20 maintenance or improvement of the parklands set forth in section three
21 of this act, the discontinuance and alienation of such parkland author-
22 ized by the provisions of this act shall not occur until the town of
23 Yorktown has complied with any federal requirements pertaining to the
24 alienation or conversion of parklands, including satisfying the secre-
25 tary of the interior that the alienation or conversion complies with all
26 conditions which the secretary of the interior deems necessary to assure
27 the substitution of other lands shall be equivalent in fair market value
28 and usefulness to the lands being alienated or converted.
29 § 6. This act shall take effect immediately.
