Authorizes the state to exchange parcels of land located in the city of Yonkers, county of Westchester, with 140 Warburton LLC for land of equal or greater value.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10447A
SPONSOR: Rules (Sayegh) TITLE OF BILL:
An act in relation to authorizing the state to exchange parcels of land
located in the city of Yonkers, county of Westchester, with 140 Warbur-
ton LLC
PURPOSE:
The purpose of this bill is to authorize New York State to exchange
specific parcels of State-owned land located in the City of Yonkers,
outlined in this bill, for parcels of land owned by 140 Warburton LLC.
SUMMARY OF PROVISIONS:
Section 1 of the bill authorizes the State Commissioner of General
Services to transfer ownership of State land, outlined in Section 2, to
140 Warburton LLC in exchange for land of equal or greater market value
owned by 140 Warburton LLC.
Section 2 provides the legal description of the State lands that the
State will exchange to 140 Warburton LLC.
Section 3 states that, in exchange for the State-owned land outlined in
Section 2, 140 Warburton LLC will transfer ownership of land of equal or
greater market value to the State.
Section 4 requires the State Adjutant General to add specific terms to
the land exchange contract between the State and 140 Warburton LLC. The
contract will not be binding until the Attorney General and the State
Comptroller approve the contract.
Section 5 requires 140 Warburton LLC to apply for the land exchange with
the Office of General Services within one year of the effective date of
this bill, or the Office of General Services cannot transfer State-owned
land to 140 Warburton LLC.
Section 6 is the effective date.
JUSTIFICATION:
The New York State Office of General Services, the New York State Divi-
sion of Military Affairs, and 140 Warburton LLC have requested that the
Legislature authorize this land exchange. The parcels of land involved
in the exchange are small, and 140 Warburton LLC's proposed land is at
least equivalent in size to the State's proposed land.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10447--A
IN ASSEMBLY
May 24, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sayegh) --
read once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT in relation to authorizing the state to exchange parcels of land
located in the city of Yonkers, county of Westchester, with 140
Warburton LLC
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 but notwithstanding
2 any other provision of law to the contrary, the commissioner of general
3 services is hereby authorized, subject to the consent of the adjutant
4 general of New York, to convey and exchange state land in the city of
5 Yonkers, the county of Westchester, described in section two of this act
6 to 140 Warburton LLC in exchange for the land described in section three
7 of this act. The conveyance and exchange of the land described in
8 sections two and three of this act shall be only if the adjutant general
9 of New York determines that the parcels described in section three of
10 this act are of equal or greater fair market value to the parcels
11 described in section two of this act.
12 § 2. The portion of land authorized by section one of this act to be
13 conveyed is described as follows:
14 All those parcels of land situate in the City of Yonkers, County of
15 Westchester, and State of New York, being more particularly bounded and
16 described as follows:
17 Beginning at the intersection of the northerly line of Quincy Place
18 with the easterly line of Warburton Avenue; thence North 15°00' East,
19 along the easterly line of Warburton Avenue a distance of 300 feet to
20 the northwesterly corner of Lot 10, Block 2013 as shown on the Official
21 Tax Map of the City of Yonkers; thence South 75° East, along the north-
22 erly boundary of said Lot 10 Block 2013 a distance of 100 feet, more or
23 less; thence southerly through lands of the People of the State of New
24 York to a point at on the southerly line of Quincy Place, said point
25 being 100 feet, more or less easterly of Warburton Avenue; thence North
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15104-07-4
A. 10447--A 2
1 75°33' West, along said southerly line a distance of 100 feet, more or
2 less, to the intersection of the southerly line of Quincy Place with the
3 easterly line of Warburton Avenue; thence North 15°00' East, along the
4 easterly line of Warburton Avenue a distance of 30 feet to the point or
5 place of beginning.
6 Containing 0.75 acre, more or less.
7 Being a portion of lands conveyed to the People of the State of New
8 York recorded in the Westchester County Clerk's Office in Liber 7969 at
9 Page 646.
10 All those parcels of land shown as Lot 13, Lot 15, Lot 16, Lot 18 &
11 Lot 20, Block 2013 as shown on the Official Tax Map of the City of Yonk-
12 ers, being located at the intersection of the easterly side of Warburton
13 Avenue and the southerly side of Ashburton Avenue.
14 Containing 0.66 acre, more or less.
15 § 3. In exchange for the conveyance of such lands and rights as are
16 described in section two of this act, 140 Warburton LLC shall convey to
17 the people of the state of New York parcels of land that are of equal or
18 greater fair market value to the parcels described in section two of
19 this act.
20 § 4. The adjutant general of New York shall prescribe additional terms
21 in a contract for such exchange of lands including the requirement that
22 140 Warburton LLC contract for surveys, that adhere to specifications in
23 accordance with the standards and procedures for surveying and mapping
24 as adopted by the division of military and naval affairs, by a licensed
25 land surveyor of all parcels. Such contract shall not become binding
26 upon the state until approved by the attorney general and the comp-
27 troller. Title to the land to be conveyed to the state pursuant to the
28 provisions of such contract shall be approved by the attorney general
29 and the deed to the state shall be approved by the attorney general as
30 to form and manner of execution before such deed shall be accepted on
31 behalf of the state. Notwithstanding the provisions of the public lands
32 law, the conveyance of the state owned lands, pursuant to such contract,
33 shall be without reservation or exception except as provided for in such
34 contract. Upon certification by the adjutant general of New York to the
35 commissioner of general services of a copy of the contract and certif-
36 ication that 140 Warburton LLC has complied with all terms and condi-
37 tions of the contract upon its part to be kept and performed, together
38 with a description of each of the parcels to be exchanged, the commis-
39 sioner of general services shall convey all the right, title and inter-
40 est of the state in such land in accordance with the provisions of the
41 contract.
42 § 5. The office of general services shall not transfer or convey the
43 aforesaid land unless the application is made to the office of general
44 services by 140 Warburton LLC within one year after the effective date
45 of this act.
46 § 6. This act shall take effect immediately.
