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S06046 Summary:

S06046 Actions:

S06046 Committee Votes:

S06046 Floor Votes:

S06046 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6046--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     March 31, 2021
                                       ___________
 
        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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  authorize the town of New Castle, county of Westchester, to
          alienate and discontinue the use of certain parklands and to  dedicate
          certain other lands as 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  New
     2  Castle, 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 to alienate the lands more
     5  particularly described in section three of this act for the  purpose  of
     6  facilitating the future development of a multi-use trail along the West-
     7  chester County Sewer Trunk Line in the town of New Castle.
     8    §  2.  The  authorization provided by section one of this act shall be
     9  effective only upon the condition that Vivek and Chitra  Agastya  convey
    10  to  the  town of New Castle, and that the town of New Castle acquire and
    11  dedicate the lands described in section four of this act  as  parklands,
    12  provided  that  the  town  of  New  Castle has never used such lands for
    13  public open space or park purposes.
    14    § 3. The parklands authorized by section one of this act to be  alien-
    15  ated as parklands are described as follows:
    16              Description of Alienation of Parcel (0.60 Acres)
    17                  Portion of Section 92.16, Block 1, Lot 22
    18  ALL  that certain plot, piece or parcel of land situate, lying and being
    19  in the Town of New Castle, County of Westchester and State of New  York,
    20  shown  on  a  certain  map  entitled  "Map  No.  1, Chappaqua Section of
    21  Lawrence Farms, Town of New Castle, Westchester County, New York", dated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10605-05-1
        S. 6046--B                          2
 
     1  February 2, 1929 as prepared by William A.  Smith,  Civil  Engineer  and
     2  filed  in  the  Westchester  County  Clerk's  Office  - Division of Land
     3  Records on April 29, 1929, as Map No.   3424, said property  being  more
     4  particularly bounded and described as follows:
     5  BEGINNING  at  a point lying on the northerly side of North Way as shown
     6  on said filed map, said point also lying on the  division  line  between
     7  the  lands  of  Agastya  and  the  lands  of  the  Town of New Castle as
     8  described in Liber 5061 Page 483 as  filed  in  the  Westchester  County
     9  Clerk's Office;
    10  RUNNING  THENCE  along said northerly side of North Way South 59 degrees
    11  21 minutes 22 seconds West a distance of 187.8' +/- to a point;
    12  RUNNING THENCE over and across the lands of the Town of New  Castle  the
    13  following courses and distances:
    14  North 29 degrees 19 minutes West a distance of 154.0' +/- to a point;
    15  North  44 degrees 06 minutes 20 seconds East a distance of 119.7' +/- to
    16  a point lying on said division line between the lands of Agastya and the
    17  lands of the Town of New Castle;
    18  RUNNING THENCE along said division line South 50 degrees 59  minutes  50
    19  seconds  East  a  distance of 197.8' +/- to the point or place of begin-
    20  ning.
    21  Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
    22    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    23  described  in  section three of this act, Vivek and Chitra Agastya shall
    24  convey to the town of New Castle  and  the  town  of  New  Castle  shall
    25  acquire and dedicate as parklands such land described as follows:
    26                 Description of Agastya Parcel (0.60 Acres)
    27                  Portion of Section 92.16, Block 1, Lot 23
    28  ALL  that certain plot, piece or parcel of land situate, lying and being
    29  in the Town of New Castle, County of Westchester and State of New  York,
    30  shown  on  a  certain  map  entitled  "Map  No.  1, Chappaqua Section of
    31  Lawrence Farms, Town of New Castle, Westchester County, New York", dated
    32  February 2, 1929 as prepared by William A.  Smith,  Civil  Engineer  and
    33  filed  in  the  Westchester  County  Clerk's  Office  - Division of Land
    34  Records on April 29, 1929, as map No.   3424, said property  being  more
    35  particularly bounded and described as follows:
    36  BEGINNING  at a point lying on the division line between the land now or
    37  formerly of Agastya as described in Control Number 561673248 as filed in
    38  the Westchester County Clerk's Office - Division of Land records and the
    39  lands of the Town of New Castle as described in Liber 5061 Page  483  as
    40  filed  in  the  Westchester County Clerk's Office, said point also lying
    41  North 50 degrees 59 minutes 50 seconds West a distance of 197.8 feet +/-
    42  as measured along said division line from a point lying on the northerly
    43  side of North Way as shown on said filed map;
    44  RUNNING THENCE in a westerly direction  and  along  said  division  line
    45  North  50 degrees 59 minutes 50 seconds West a distance of 131.2' +/- to
    46  the most southwesterly corner of land of Agastya, said point also  lying
    47  on  the  division  line  between  the said lands of Agastya and the said
    48  lands of the Town of New Castle;
    49  RUNNING THENCE in a northerly direction along said division  line  North
    50  43  degrees  12  minutes 10 seconds East a distance of 199.8 feet +/- to
    51  the most northwesterly corner of the land of Agastya,  said  point  also
    52  being the most southeasterly corner of the land now or formerly of Metz-
    53  ger;
    54  RUNNING  THENCE  in an easterly direction South 50 degrees 59 minutes 50
    55  seconds East along said division line  between  Agastya  and  Metzger  a
    56  distance of 122.8 feet +/- to a point;
        S. 6046--B                          3
 
     1  RUNNING  THENCE  over  and  across  lands now or formerly of Agastya the
     2  following courses and distances;
     3  South  26 degrees 31 minutes 40 seconds West a distance of 38.1 feet +/-
     4  to a point;
     5  South 44 degrees 06 minutes 20 seconds West a distance of 162.7 feet +/-
     6  to the point or place of beginning.
     7  Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
     8    § 5. In the  event  that  the  fair  market  value  of  the  parklands
     9  described  in  section  four of this act to be dedicated as parklands by
    10  the town of New Castle pursuant to this act are not equal to or  greater
    11  than the fair market value of the parklands to be alienated as described
    12  in  section three of this act, the town of New Castle shall dedicate the
    13  difference of the fair market value of the lands to be alienated and the
    14  lands to be dedicated for the acquisition of additional parklands and/or
    15  capital improvements to existing park and recreational facilities.
    16    § 6. In the event that the town of New  Castle  received  any  funding
    17  support  or  assistance  from  the  federal government for the purchase,
    18  maintenance or improvement of the parklands set forth in  section  three
    19  of  this act, the discontinuance and alienation of such parkland author-
    20  ized by the provisions of this act shall not occur until the town of New
    21  Castle has complied with any  federal  requirements  pertaining  to  the
    22  alienation  or  conversion of parklands, including satisfying the secre-
    23  tary of the interior that the alienation or conversion complies with all
    24  conditions which the secretary of the interior deems necessary to assure
    25  the substitution of other lands shall be equivalent in fair market value
    26  and usefulness to the lands being alienated or converted.
    27    § 7. This act shall take effect immediately.