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S09212 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9212--A
 
                    IN SENATE
 
                                       May 6, 2024
                                       ___________
 
        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
 
        AN ACT authorizing the town  of  Yorktown,  county  of  Westchester,  to
          alienate and discontinue the use of certain 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  York-
     2  town, county of Westchester, is hereby authorized, acting by and through
     3  its  governing body, and upon such terms and conditions as determined by
     4  such governing body, to discontinue the use as parkland and alienate the
     5  lands described in section three of this act for use as a cell tower.
     6    § 2. The authorization contained in section one of this act shall only
     7  be effective on the condition that the  town  of  Yorktown  dedicate  an
     8  amount equal to or greater than fair market value of the parklands being
     9  alienated pursuant to section one of this act towards the acquisition of
    10  new  parklands  and/or  capital improvements to existing park and recre-
    11  ational facilities.
    12    § 3. The parklands authorized by section one of this act to be discon-
    13  tinued as parkland is described as follows:
    14    ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWN OF YORKTOWN, COUN-
    15  TY OF WESTCHESTER AND STATE OF NEW YORK AND  BEING  A  PORTION  OF  LAND
    16  CONVEYED  TO THE TOWN OF YORKTOWN, A MUNICIPAL CORPORATION BY INSTRUMENT
    17  NUMBER 460060131 IN THE WESTCHESTER COUNTY CLERK'S  OFFICE  BOUNDED  AND
    18  DESCRIBED AS FOLLOWS:
    19    COMMENCING  AT  A POINT, SAID POINT BEING LOCATED ON THE NORTHEASTERLY
    20  BOUNDS OF GRANITE SPRINGS ROAD, SAID POINT ALSO BEING THE  SOUTHEASTERLY
    21  CORNER  OF TAX PARCEL 27.11-1-34, BEING OWNED NOW OR FORMERLY BY DOUGLAS
    22  AND KAREN ERICKSON, THENCE FROM SAID POINT  OF  COMMENCEMENT  ALONG  THE
    23  NORTHEASTERLY  BOUNDS  OF GRANITE SPRINGS ROAD N. 62° 39' 43" W., 73.24'
    24  TO THE POINT AND PLACE OF BEGINNING, THENCE FROM SAID POINT OF BEGINNING
    25  THROUGH THE SAID LANDS OF TOWN OF YORKTOWN, A MUNICIPAL CORPORATION, THE
    26  FOLLOWING THIRTEEN (13) COURSES AND DISTANCES:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15455-03-4

        S. 9212--A                          2
 
     1    (1) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00' AND A LENGTH  OF
     2  CURVE OF 47.11' WITH CHORD BEARING OF N. 17° 23' 45.46" W., THENCE
     3    (2) N. 27° 20' 17" E.,  170.00', THENCE
     4    (3) S. 85° 45' 34" E.,  79.00', THENCE
     5    (4) N. 20° 28' 43" E.,  65.00', THENCE
     6    (5) N. 40° 16' 31" E.,  80.00', THENCE
     7    (6) N. 69° 36' 12" E.,  56.66', THENCE
     8    (7) N. 82° 14' 39" E.,  107.19', THENCE
     9    (8) N. 07° 40' 18" W.,  130.04', THENCE
    10    (9) S. 82° 19' 42" W.,  134.45', THENCE
    11    (10) S. 36° 27' 01" W.,  182.30', THENCE
    12    (11)    ON A CURVE TO THE LEFT HAVING A RADIUS OF 200.00' AND A LENGTH
    13  OF CURVE OF 136.86' WITH CHORD BEARING OF S. 46° 33' 46.98" W., THENCE
    14    (12) S. 27° 20' 17" W., 170.00', THENCE
    15    (13) ON A CURVE TO THE RIGHT HAVING A RADIUS OF 47.12' AND A LENGTH OF
    16  CURVE OF 30.00 WITH CHORD BEARING OF S. 72° 12' 10.93" W., TO  A  POINT
    17  ON  THE  NORTHEASTERLY BOUNDS OF GRANTIE SPRINGS ROAD, THENCE ALONG SAID
    18  NORTHEASTERLY BOUNDS
    19    (14) S. 62° 39' 43" E., 110.00' THE  POINT  AND  PLACE  OF  BEGINNING,
    20  CONTAINING 51,109 SQ. FEET or 1.173 acres, MORE OR LESS.
    21    §  4.  In  the  event  that  the town of Yorktown received any funding
    22  support or assistance from the  federal  government  for  the  purchase,
    23  maintenance,  or improvement of the parklands set forth in section three
    24  of this act, the discontinuance and alienation of such parklands author-
    25  ized by the provisions of this act shall not occur  until  the  town  of
    26  Yorktown  has  complied  with any federal requirements pertaining to the
    27  alienation or conversion of parklands, including satisfying  the  secre-
    28  tary of the interior that the alienation or conversion complies with all
    29  conditions which the secretary of the interior deems necessary to assure
    30  the substitution of other lands shall be equivalent in fair market value
    31  and usefulness to the lands being alienated or converted.
    32    § 5. This act shall take effect immediately.
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