NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10161A
SPONSOR: Rules (Slater) TITLE OF BILL:
An act authorizing the town of Yorktown, county of Westchester, to
alienate and discontinue the use of certain parklands
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the town of Yorktown, county of Westchester, to alienate and
discontinue the use of certain parklands
SUMMARY OF PROVISIONS:
Section 1- Authorizes Yorktown to discontinue the use as parkland and
alienate the lands described in the bill.
Section 2- Require Yorktown to dedicate an amount equal to or greater
than the fair market value of the parkland being alienated towards the
acquisition of new parkland and/or capital improvements to existing park
and recreational facilities.
Section 3- Provides the legal description of the land.
Section 4- If the town received federal money for the purchase, mainte-
nance, or improvement of the parklands, the discontinuance and alien-
ation of such parkland shall not occur until the town has complied with
any federal requirements.
Section 5- Effective Date
JUSTIFICATION:
The town of Yorktown has requested this bill in compliance with the
state's rules regarding home rule.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
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10161--A
IN ASSEMBLY
May 10, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Slater,
Levenberg) -- read once and referred to the Committee on Local Govern-
ments -- 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.
LBD15455-02-4
A. 10161--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.
