New York State Assembly

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

S06499 Summary:

S06499 Actions:

S06499 Committee Votes:

S06499 Floor Votes:

S06499 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6499--B
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2017
                                       ___________
 
        Introduced  by  Sen. LATIMER -- 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 -- reported favorably from said  commit-
          tee  and  committed to the Committee on Rules -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN  ACT to amend chapter 725 of the laws of 1984 relating to authorizing
          the village of Mamaroneck, Westchester county, to sell and convey both
          permanent and temporary easements in certain park lands to the  county
          of Westchester, for the purpose of construction, operation and mainte-
          nance  of a sanitary sewage pumping station, pipelines and outfall, in
          relation to excepting certain  lands  as  necessary  for  above-ground
          appurtenances
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Chapter 725 of the laws of 1984 relating to authorizing the
     2  village of Mamaroneck, Westchester  county,  to  sell  and  convey  both
     3  permanent and temporary easements in certain park lands to the county of
     4  Westchester,  for the purpose of construction, operation and maintenance
     5  of a sanitary sewage pumping station, pipelines and outfall  is  amended
     6  to read as follows:
     7    Section 1. Notwithstanding any other provision of law to the contrary,
     8  the  village of Mamaroneck, Westchester county, acting through its board
     9  of trustees is hereby authorized to discontinue as parklands and  alien-
    10  ate  and  to  sell and convey, subject to the provisions of this act for
    11  such consideration and upon such terms and conditions as the village  of
    12  Mamaroneck  may  deem adequate and proper, permanent and temporary ease-
    13  ments in the following described park lands to the county of Westchester
    14  for the purpose of construction, reconstruction, operation  and  mainte-
    15  nance  of  a  sanitary  sewage  pumping  station, pipelines and outfall;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11814-05-7
        S. 6499--B                          2
 
     1  provided, however, that such sale or conveyance shall only  be  effected
     2  upon the requirement that the surface of any such subject lands, except-
     3  ing  such  lands  as  are  necessary  for above-ground appurtenances, be
     4  restored and continued to be used for park purposes.
     5    PERMANENT AND TEMPORARY EASEMENTS:
     6    GRAVITY SEWER
     7    Twelve  foot  wide  Permanent  Easement  together with fifty foot wide
     8  Temporary Easement easterly or Orienta Avenue and  Rushmore  Avenue  and
     9  westerly  of  Mamaroneck  Harbor  (West  Basin)  from vicinity of Sylvan
    10  Avenue to West Boston Post Road, a centerline distance of  approximately
    11  2,100 linear feet, all located in Harbor Island Park, Village of Mamaro-
    12  neck, Westchester County, New York.
    13    SANITARY SEWAGE PUMPING STATION
    14    Permanent  and  Temporary Easements, southeasterly of the intersection
    15  of Orienta Avenue and West Boston Post Road, approximately 1/4  acre  in
    16  size,  located in Harbor Island Park, Village of Mamaroneck, Westchester
    17  County, New York.
    18    SEWAGE FORCE MAIN
    19    Twelve foot wide Permanent Easement  together  with  fifty  foot  wide
    20  Temporary  Easement, southerly of West Boston Post Road and northerly of
    21  Mamaroneck Harbor (West Basin) from vicinity of Oreinta Avenue to  West-
    22  chester  County Mamaroneck Sanitary Sewage Treatment Plant, a centerline
    23  distance of approximately 1,400  linear  feet,  all  located  in  Harbor
    24  Island Park, Village of Mamaroneck, Westchester County, New York.
    25    OUTFALL PIPELINE
    26    Twelve foot wide Payment Easement together with fifty foot wide Tempo-
    27  rary  Easement  southerly  from  Westchester  County Mamaroneck Sanitary
    28  Sewage Treatment Plant at the intersection of West Boston Post Road  and
    29  Mamaroneck  Avenue  to  the  southwesterly  corner  of  Harbor Island, a
    30  centerline distance of approximately 1,800 linear feet  all  located  in
    31  Harbor Island Park, Village of Mamaroneck, Westchester County, New York.
    32    § 2. The authorization contained in section one of this act shall take
    33  effect  only  upon  the  condition  that  the county of Westchester will
    34  convey to the village of Mamaroneck and the village of Mamaroneck  shall
    35  dedicate  the  lands  of equal or greater fair market value described in
    36  section four of this act as additional park lands of the village.
    37    § 3. The lands authorized by section one of this act  to  be  excepted
    38  from  the  requirement  that the surface be restored and continued to be
    39  used as parkland are as follows:
    40    All that certain plot, piece or parcel of land situate in the  Village
    41  of  Mamaroneck,  within  the  Town of Mamaroneck, County of Westchester,
    42  State of New York, more particularly described as follows: commencing at
    43  a point on the southerly side of Boston Post Road and the  northeasterly
    44  terminus  of Orienta Avenue; thence along the easterly bounds of Orienta
    45  Avenue as shown on a map by Thomas McEvoy L.S. dated August 1, 1984  and
    46  titled  "County  of Westchester, Department of Environmental Facilities,
    47  Property Map for Right of Way Acquisition, West Basin Interceptor System
    48  situated in the Village of Mamaroneck, Town of  Mamaroneck,  Westchester
    49  County,  Mamaroneck  Sanitary  Sewer  District", South 10° 08' 02" West,
    50  13.94 feet ; thence along the easterly bounds of Orienta Avenue South 3°
    51  23' 48" West, 3.40 feet to a monument labeled as  #4  on  the  abovemen-
    52  tioned  survey  map;  thence  South  46° 16' 22" West, 92.83 feet to the
    53  corner of a concrete vault, said point being  the  point  and  place  of
    54  beginning; thence South 61° 53' 34" West, 21.97 feet along the southerly
    55  side of a concrete vault; thence North 28° 06' 26" West, 5.30 feet along
    56  the  westerly  side of a concrete vault ; thence South 61° 41' 39" West,
        S. 6499--B                          3
 
     1  9.65 to the southwesterly corner of a smaller concrete  vault  ;  thence
     2  South  28°  06' 26" East, 23.59 ; thence North 61° 53' 34" East, 31.61 ;
     3  thence North 28° 06' 26" West, 18.33 to the point and  place  of  begin-
     4  ning, containing 630.40 square feet or 0.014 Acres, more or less.
     5    §  4.  Prior  to  the  discontinuance  and  alienation of the parkland
     6  described in section three of  this  act,  the  county  of  Westchester,
     7  acting  through  its  county legislature, shall convey to the village of
     8  Mamaroneck, and the village of  Mamaroneck  shall  dedicate  replacement
     9  lands  for  use as parkland for public park purposes, with such replace-
    10  ment lands, being of equal or greater fair market value, as follows:
    11    All that tract or parcel of land situate in the village  and  town  of
    12  Mamaroneck,  Westchester  County,  New  York State and being bounded and
    13  described as follows: All that certain plot, piece  or  parcel  of  land
    14  situate  in  the  Village  of Mamaroneck, within the Town of Mamaroneck,
    15  County of Westchester, State of New York, more particularly described as
    16  follows: Commencing at monument on the southeasterly side of Boston Post
    17  Road, said point  being  the  southwesterly  corner  of  the  County  of
    18  Westchester's  Department of Environmental Facilities parcel, whose 2017
    19  town of Mamaroneck tax designation is 9-19-231; thence along the  south-
    20  easterly bounds of Boston Post Road, North 39° 39' 02" East, 263.75 feet
    21  to a monument; thence along the southeasterly bounds of Boston Post Road
    22  North  29°  39' 12" East, 570.10 feet to the northwesterly corner of the
    23  County of Westchester's Department of Environmental  Facilities  parcel,
    24  said  point being the point and place of beginning; thence North 82° 54'
    25  22" East, 5.22 feet to the westerly bounds of Mamaroneck Avenue;  thence
    26  along  the  westerly bounds of Mamaroneck Avenue South 14° 16' 48" East,
    27  36.39 feet; thence North 84° 45' 26" West, 32.32 feet to the  southeast-
    28  erly  bounds  of Boston Post Road; thence along the southeasterly bounds
    29  of Boston Post Road North 29° 39' 12" East, 36.44 feet to the point  and
    30  place  of  beginning, containing 630.46 square feet or 0.014 Acres, more
    31  or less.
    32    § 5. In the event that the parklands to be dedicated by the village of
    33  Mamaroneck pursuant to this act are not equal to  or  greater  than  the
    34  fair  market  value  of  the  parkland to be discontinued, the county of
    35  Westchester shall dedicate the difference of the fair  market  value  of
    36  the lands to be alienated and the lands to be dedicated for the acquisi-
    37  tion of additional parklands and/or for capital improvements to existing
    38  park and recreational facilities.
    39    §  6. In the event that the village of Mamaroneck received any funding
    40  support or assistance from the  federal  government  for  the  purchase,
    41  maintenance  or  improvement of the parklands set forth in section three
    42  of this act, the discontinuance and alienation of such parkland  author-
    43  ized  by  the  provisions  of  section three of this act shall not occur
    44  until the village of Mamaroneck has complied with any  federal  require-
    45  ments  pertaining  to  the  alienation  or conversion of such parklands,
    46  including satisfying the secretary of the interior that  the  alienation
    47  or  conversion  complies  with all conditions which the secretary of the
    48  interior deems necessary to assure the substitution of other lands shall
    49  be equivalent in fair market value and usefulness  to  the  lands  being
    50  alienated or converted.
    51    § [2.] 7. This act shall take effect immediately.
    52    § 2. This act shall take effect immediately.