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A10454 Summary:

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A10454 Floor Votes:

A10454 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10454
 
                   IN ASSEMBLY
 
                                      May 29, 2012
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Local Governments
 
        AN  ACT  to  authorize  the town of Greenburgh, county of Westchester to
          lease certain park lands for tennis uses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. The town of Greenburgh acting by and through its town board
     2  is  hereby  authorized  and  empowered to lease at fair market value and
     3  upon such other  terms  and  conditions  as  determined  by  such  board
     4  consistent  with  sections  four  and  five  of  this  act the lands and
     5  improvements described in section three of this act for up to  30  years
     6  for the operation of seasonal tennis facilities.
     7    §  2.  The  authorization provided in section one of this act shall be
     8  effective only upon the condition that the  residents  of  the  town  of
     9  Greenburgh  who  reside outside of any incorporated village in such town
    10  continue to pay all costs and expenses for the town park and recreation-
    11  al facilities described in section three of this act and that  the  town
    12  of  Greenburgh  dedicate  all  proceeds  of  such  lease for the capital

    13  improvement of existing town park and recreational facilities and/or for
    14  the acquisition of additional town park and recreational facilities  for
    15  the residents of the town of Greenburgh who reside outside of any incor-
    16  porated village in such town.
    17    § 3. The lands and improvements referred to in section one of this act
    18  which may be leased consist of tennis facilities and other appurtenances
    19  related  to  the use of such tennis facilities located in the Anthony F.
    20  Veteran Park in the town of Greenburgh, county of Westchester, state  of
    21  New York, the park being more particularly described as follows:
    22    ALL that certain plot, piece or parcel of land, with the buildings and
    23  improvements  thereon  erected,  situate, lying and being in the Town of
    24  Greenburgh, County of Westchester and State of New York, and being  more
    25  particularly bounded and described as follows:

    26    BEGINNING  at  a point on the northerly line of the Sprain Brook Park-
    27  way, where the same is intersected by the northeasterly boundary line of
    28  land now or formerly of Robert Stephen Anthony as  acquired  by  a  deed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15742-10-2
        A. 10454                            2
 
     1  from John Canning, Jr., dated September 9th, 1952, recorded in Office of
     2  the  County  Clerk  of  Westchester County, Division of Land Records, on
     3  September 10th, 1952, in Liber 5134 of conveyances, page 115, said point
     4  of  BEGINNING  being  distant  North 43  57' 40" East 272.43 feet from a
     5  monument at the intersection of the southeasterly corner of  said  lands

     6  so  conveyed  by  the aforementioned deed with the northeasterly side of
     7  Heatherdell Road; thence running along the last mentioned  northeasterly
     8  boundary line of Anthony, North 46  02' 20" West 344.66 feet to a point;
     9  thence  running North 49  20' 10" East 551.65 feet and North 17  14' 40"
    10  East 1005.00 feet to a corner in said land; thence running South 80  25'
    11  50" East 899.49 feet to the northerly  line  of  Sprain  Brook  Parkway;
    12  thence  running  along  said  lands the following courses and distances:
    13  South 16  58' 39" East 49.00 feet, South 43  57' 57" West  734.75  feet,
    14  South  61   17'  40" West 135.00 feet and South 43  57' 40" West 1067.57
    15  feet to the point or place of BEGINNING, containing 20.46 acres more  or
    16  less.
    17    TOGETHER  with  and  subject to an easement in common with others over
    18  the existing driveway running from Heatherdell Road through premises and

    19  premises adjoining as set forth in Liber 3929 of conveyances, page  165,
    20  and  utility  easements  as recorded in the Book of Conveyances in Liber
    21  5389, Page 204, and in Liber 5950, page 320.
    22    ALSO known on the Official Tax Map of the Town of Greenburgh as Volume
    23  8, Sheet 4, Parcel 4B, and of the Village of Ardsley as Sheet 1,  Parcel
    24  37B.
    25    §  4. Should the leased park lands described in sections one and three
    26  of this act cease to be used for the  purposes  described  therein,  the
    27  lease shall terminate and those lands shall revert to the town of Green-
    28  burgh consistent with its prior public park and recreational purposes.
    29    § 5. Notwithstanding the provisions of chapter 891 of the laws of 1982
    30  to  the contrary, such lease shall provide that the leased park land and
    31  improvements described in sections one and three of this  act  shall  be

    32  made available to the general public on an equitable basis. Where avail-
    33  ability of such public facilities is limited, the use of such facilities
    34  must  be  determined by a written policy, developed, posted and adminis-
    35  tered by the lessee in conjunction with the town of Greenburgh.
    36    § 6. The provisions of this act shall not affect any  rights  or  deed
    37  restrictions  pursuant  to  the terms, conditions, and provisions of the
    38  deed conveying interest in the park land described in this  act  to  the
    39  town of Greenburgh.
    40    § 7. This act shall take effect immediately.