New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S05120 Summary:

S05120 Actions:

S05120 Committee Votes:

S05120 Floor Votes:

S05120 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5120
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 10, 2019
                                       ___________
 
        Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Local Government
 
        AN ACT authorizing the alienation of certain parklands in the village of
          Tarrytown, in the town of Greenburgh, in the county of Westchester

          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 village of
     2  Tarrytown, located in the town of  Greenburgh,  county  of  Westchester,
     3  acting  by and through its governing body and upon such terms and condi-
     4  tions as determined by such body, is hereby authorized to discontinue as
     5  parklands and alienate the lands more particularly described in  section
     6  three  of  this  act  for  the  purpose of completing a transfer of land
     7  previously agreed to by the village and to make an undersized and irreg-
     8  ularly shaped parcel more zoning compliant.
     9    § 2. The authorization contained in section one of this act  shall  be
    10  effective only upon the condition that the village of Tarrytown dedicate
    11  the  lands  described in section four of this act as parklands; provided
    12  that the village of Tarrytown has never used such lands for public  open
    13  space or park purposes.
    14    §  3. The parklands authorized by section one of this act to be alien-
    15  ated are described as follows:
    16    All that certain plot, piece or parcel of land, situated in  the  Town
    17  of Greenburgh, Village of Tarrytown, County of Westchester, and State of
    18  New  York, known and designated as a portion of Lot 3 as shown on a plan
    19  entitled, "Proposed Lot Line Adjustment Map of Property situate  in  the
    20  Town  of Greenburgh, Village of Tarrytown, Westchester County, New York"
    21  dated March 12, 2015, made by JRL Land Surveying P.C. and filed  in  the
    22  Westchester  County  Clerk's  Office  on June 28, 2017 as Map No. 29066,
    23  said portion of Lot 3 being more particularly bounded and  described  as
    24  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10910-04-9
        S. 5120                             2
 
     1    BEGINNING at a pin on the westerly line of Lot 3 as shown on a certain
     2  map  entitled "Toll Land V Limited Partnership" filed in the Westchester
     3  County Clerk's Office, Division of Land Records as Map No.  28452,  said
     4  point  being  South 10 degrees 41 minutes 47 seconds West 109.92 feet as
     5  measured  along  said  westerly  line of Lot No. 3 from its intersection
     6  with the southerly line of Warner Lane. Said point also being the south-
     7  easterly corner of lands now or formerly of DeRocker;
     8    RUNNING THENCE through Lot No. 3  as  shown  on  said  filed  Map  No.
     9  28542, the following courses and distances:
    10    1. South 78 degrees 26 minutes 43 seconds East 20.00 feet and
    11    2. South 11 degrees 33 minutes 17 seconds West 165.37 feet to a point;
    12    RUNNING  THENCE North 78 degrees 27 minutes 08 seconds West 20.00 feet
    13  to a concrete monument;
    14    RUNNING THENCE North 11 degrees 33 minutes 17 seconds East 165.37 feet
    15  to a point and place of BEGINNING. Containing 3,301 square feet of land,
    16  more or less.
    17    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    18  described  in  section three of this act, the village of Tarrytown shall
    19  dedicate as parklands such land described as follows:
    20    All that certain plot, piece of parcel of land, situated and lying and
    21  being in the Village of Tarrytown Town of Greenburgh,  County  of  West-
    22  chester, and State of New York,
    23    Beginning at a Pin on the westerly line of lot 3 as shown on a certain
    24  map  entitled "Toll Land V Limited Partnership" filed in the Westchester
    25  County Clerk's office Division of Land Records as  Map  No.  28452  said
    26  point  being  South  10°41'47"  West 109.92 feet as measured along along
    27  said westerly line of lot No. 3 from its intersection with the southerly
    28  line of Warner Lane; Also being the south easterly  corner  of  land  of
    29  DeRocker;
    30    Running  thence  through  Lot 3 of said filed map South 78°26'43" East
    31  20.00 feet and South 11°33'17" West 165.37 feet;
    32    Thence North 78°27'08" West 20.00 feet to a Concrete Monument;
    33    Thence North 11°33'17" East 165.37 feet to  the  point  and  place  of
    34  beginning.
    35    Containing 3,307 square feet of land, more or less.
    36    §  5.  In the event that the replacement land to be acquired and dedi-
    37  cated as parkland, described in section four of this act, is  not  equal
    38  to  or  greater than the fair market value of the parklands to be alien-
    39  ated, as described in section three of this act, the village  of  Tarry-
    40  town  shall  acquire  and  dedicate  additional land for parkland and/or
    41  cause funds to be made available for capital improvements to its  exist-
    42  ing  park  and  recreational  facilities,  as  necessary,  to equal such
    43  difference in fair market value.
    44    § 6. In the event that the village of Tarrytown received  any  funding
    45  support  or  assistance  from  the  federal government for the purchase,
    46  maintenance or improvement of the parklands set forth in  section  three
    47  of  this act, the discontinuance and alienation of such parkland author-
    48  ized by the provisions of this act shall not occur until the village  of
    49  Tarrytown  has  complied with any federal requirements pertaining to the
    50  alienation or conversion of parklands, including satisfying  the  secre-
    51  tary of the interior that the alienation or conversion complies with all
    52  conditions which the secretary of the interior deems necessary to assure
    53  the substitution of other lands shall be equivalent in fair market value
    54  and usefulness to the lands being alienated or converted.
    55    § 7. This act shall take effect immediately.