Bill Text: NY A06946 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-06-21 - substituted by s4653b [A06946 Detail]
Download: New_York-2013-A06946-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6946--C
2013-2014 Regular Sessions
I N A S S E M B L Y
April 25, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to authorize the county of Westchester to discontinue the use as
parkland of parcels of real property in the town of Greenburgh for the
purposes of completing certain proposed improvements to Jackson Avenue
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 county of West-
2 chester is hereby authorized to discontinue the use as parklands and
3 alienate the parcels of land described in section three of this act for
4 the purpose of facilitating proposed roadway safety improvements,
5 including the straightening and widening of Jackson Avenue in the town
6 of Greenburgh from the entrance of Sprain Ridge Park and moving east to
7 the intersection of North Sprain Road, and the installation of a traffic
8 signal along with a realignment of the intersection into a T-intersec-
9 tion at Jackson Avenue and North Sprain Road. The improvements involve
10 1.336 acres of parkland. As specified in section three of this act, a
11 total of 0.612 acres of parkland, entailing four parcels, will be alien-
12 ated for future rights-of-way (row) for such roadway safety improve-
13 ments. As specified in section four of this act, a total of 0.724 acres
14 of parkland, entailing six parcels, will be temporarily alienated for
15 construction purposes and the county of Westchester shall ensure that
16 the surface of the lands are restored and returned to its previous
17 condition for continued use as parkland after construction is completed.
18 S 2. The authorization provided in section one of this act shall be
19 effective only upon the condition that the county of Westchester
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09780-13-3
A. 6946--C 2
1 acquires additional land that has never been used as parkland and which
2 is of equal or greater fair market value to the parkland to be discon-
3 tinued and dedicates such land as parkland, as described in section five
4 of this act.
5 S 3. The lands authorized by this act to be discontinued as parkland
6 are four parcels of parkland in the town of Greenburgh, county of West-
7 chester, described as follows:
8 PARCEL A (ROW takings 1)
9 BEGINNING at a point in the existing southerly right-of-way line of
10 Jackson Avenue (variable width right-of-way) having New York State Plane
11 Coordinate System (East) values N785259.4100, E671946.2847, said point
12 being distant 20.70 feet at a right angle from Station 5+25 in the
13 proposed centerline on said Jackson Avenue, said point being the follow-
14 ing two (2) courses from the southerly corner of Lot 2, Block 389,
15 Section 8.570,
16 a) North 43 13'42" East a distance of 33.83 feet to a point, thence;
17 b) North 40 19'42" East a distance of 15.47 feet to the point and
18 place of beginning, thence, the following nine (9) courses along the
19 existing southerly right-of-way line of Jackson Avenue;
20 1. North 40 19'42" East a distance of 22.45 feet to a point, thence;
21 2. North 35 35'03" East a distance of 58.31 feet to a point, thence;
22 3. North 20 05'42" East a distance of 25.32 feet to a point, thence;
23 4. North 38 03'52" East a distance of 134.75 feet to a point, thence;
24 5. North 51 52'12" East a distance of 58.69 feet to a point, thence;
25 6. North 63 01'42" East a distance of 30.08 feet to a point, thence;
26 7. North 38 42'42" East a distance of 86.37 feet to a point, thence;
27 8. North 43 46'42" East a distance of 49.20 feet to a point, thence;
28 9. North 56 34'22" East a distance of 53.58 feet to a point, thence,
29 the following five (5) courses along the proposed southerly right-of-way
30 line of Jackson Avenue;
31 10. South 42 21'46" West a distance of 186.49 feet to a point, thence;
32 11. South 31 19'43" West a distance of 101.88 feet to a point, thence;
33 12. North 47 38'14" West a distance of 19.50 feet to a point, thence;
34 13. South 42 21'46" West a distance of 225.00 feet to a point, thence;
35 14. North 47 38'14" West a distance of 1.80 feet to the POINT OF
36 BEGINNING.
37 Containing an area of 8,777 square feet or 0.201 acres more or less.
38 PARCEL B (ROW takings 2)
39 BEGINNING at a point having New York State Plane Coordinate System
40 (East) values N785925.3482, E672656.9069, said point being at the inter-
41 section of the northerly terminus of the easterly line of Lot 2, Block
42 389, Section 8.570 with the existing southerly right-of-way line of
43 Jackson Avenue (variable width right-of-way), said point being distant
44 2.95 feet at a right angle from Station 15+16.74 on the proposed center-
45 line of said Jackson Avenue, and running thence;
46 1. Along said easterly line of Lot 2, South 48 22'18" East a distance
47 of 46.28 feet to a point, thence, the following three (3) courses along
48 the proposed southerly right-of-way line of Jackson Avenue;
49 2. Along South 78 53'45" West a distance of 42.22 feet to a point,
50 thence;
51 3. North 14 58'53" West a distance of 6.66 feet to a point, thence;
52 4. On a curve to the left having a radius of 517.50 feet, an arc
53 length of 244.24 feet whose chord bears South 63 09'42" West a chord
54 distance of 241.98 feet to a point at the existing southerly right-of-
55 way line of Jackson Avenue, thence, the following six (6) courses along
56 said existing southerly right-of-way line of Jackson Avenue;
A. 6946--C 3
1 5. North 39 33'22" East a distance of 19.68 feet to a point, thence;
2 6. North 43 48'42" East a distance of 50.09 feet to a point, thence;
3 7. North 46 13'22" East a distance of 56.01 feet to a point, thence;
4 8. North 55 00'42" East a distance of 44.41 feet to a point, thence;
5 9. North 71 24'42" East a distance of 42.05 feet to a point, thence;
6 10. North 78 06'32" East a distance of 61.90 feet to the POINT OF
7 BEGINNING.
8 Containing an area of 6,562 square feet or 0.151 acres more or less.
9 PARCEL C (ROW takings 3)
10 BEGINNING at a point in the existing southerly right-of-way line of
11 Jackson Avenue (variable width right-of-way) having New York State Plane
12 Coordinate System (East) values N785949.0839, E672926.3092, said point
13 being distant 25.45 feet at a right angle from Station 17+86.55 on the
14 proposed centerline of Jackson Avenue, said point also being the
15 northwesterly corner of Lot 2, Block 389, Section 8.570 and running
16 thence the following three (3) courses along said southerly right-of-
17 way;
18 1. North 73 10'02" East a distance of 32.23 feet to a point, thence;
19 2. North 85 30'49" East a distance of 355.74 feet to a point, thence;
20 3. South 73 46'54" East a distance of 108.05 feet to a point, thence
21 the following twelve (12) courses along the proposed southerly right-of-
22 way line of Jackson Avenue;
23 4. North 82 55'52" West a distance of 23.38 feet to a point, thence;
24 5. North 75 23'36" West a distance of 22.91 feet to a point, thence;
25 6. North 81 52'04" West a distance of 45.77 feet to a point, thence;
26 7. North 87 11'02" West a distance of 45.58 feet to a point, thence;
27 8. North 84 58'28" West a distance of 45.81 feet to a point, thence;
28 9. South 85 57'37" West a distance of 45.87 feet to a point, thence;
29 10. South 62 40'56" West a distance of 35.42 feet to a point, thence;
30 11. South 80 25'17" West a distance of 50.00 feet to a point, thence;
31 12. North 09 34'43" West a distance of 4.00 feet to a point, thence;
32 13. South 80 25'17" West a distance of 115.00 feet to a point, thence;
33 14. South 82 42'44" West a distance of 50.04 feet to a point, thence;
34 15. North 86 48'38" West a distance of 24.89 feet to a point in the
35 westerly line of Lot 2 thence;
36 16. Along said westerly line of Lot 2, North 21 22'02" East a distance
37 of 21.04 feet to the POINT OF BEGINNING.
38 Containing an area of 6,979 square feet or 0.160 acres more or less.
39 PARCEL D (ROW takings 4)
40 BEGINNING at a point in the existing southerly right-of-way line of
41 Jackson Avenue (variable width right-of-way) having New York State Plane
42 Coordinate System (East) values N785943.3098, E672924.0502, said point
43 being distant 30.77 feet at a right angle from Station 17+83.36 on the
44 proposed centerline of Jackson Avenue, said point also being the
45 northeasterly corner of Lot 5, Block 389, Section 8.570, and running,
46 thence;
47 1. Along the easterly line of Lot 5, South 21 22'02" West a distance
48 of 14.84 feet to a point, thence;
49 2. Along the proposed southerly right-of-way line of Jackson Avenue,
50 South 80 25'17" West a distance of 227.05 feet to a point in the wester-
51 ly line of Lot 5, thence;
52 3. Along said westerly line of Lot 5, North 48 22'18" West a distance
53 of 30.49 feet to a point at the northwesterly corner of Lot 5, thence;
54 4. Along the existing southerly right-of-way line of Jackson Avenue,
55 North 82 54'42" East a distance of 254.02 feet to the POINT OF BEGIN-
56 NING.
A. 6946--C 4
1 Containing an area of 4,356 square feet or 0.100 acres more or less.
2 S 4. The lands authorized by this act to be temporarily alienated for
3 construction purposes and returned to use as parkland after construction
4 are six parcels of parkland in the town of Greenburgh, county of West-
5 chester, described as follows:
6 PARCEL A (Slope easement 1)
7 BEGINNING at a point in the existing southerly right-of-way line of
8 Jackson Avenue (variable width right-of-way) having New York State Plane
9 Coordinate System (East) values N785240.7278, E671929.7975, said point
10 being distant 21.11 feet at a right angle from Station 5+09 in the
11 proposed centerline of said Jackson Avenue, said point also being North
12 43 13'42" East a distance of 24.37 feet from the southerly corner of Lot
13 2, Block 389, Section 8.570 and running, thence, the following two (2)
14 courses along said southerly right-of-way;
15 1. North 43 13'42" East a distance of 9.46 feet to a point, thence;
16 2. North 40 19'42" East a distance of 15.47 feet to a point in the
17 proposed southerly right-of-way line of Jackson Ave, thence, the follow-
18 ing two (2) courses along said proposed southerly right-of-way line of
19 Jackson Ave;
20 3. South 47 38'14" East a distance of 1.80 feet to a point, thence;
21 4. North 42 21'46" East a distance of 60.64 feet to a point of begin-
22 ning of a curve, thence;
23 5. On a curve to the right having a radius of 30.00 feet, an arc
24 length of 29.44 feet, whose chord bears South 73 55'16" East a chord
25 distance of 28.28 feet to a point, thence;
26 6. South 46 56'13" West a distance of 48.31 feet to a point, thence;
27 7. South 67 00'11" West a distance of 54.91 feet to the POINT OF
28 BEGINNING.
29 Containing an area of 1,575 square feet or 0.036 acres more or less.
30 PARCEL B (Slope easement 2)
31 BEGINNING at a point in the proposed southerly right-of-way line of
32 Jackson Avenue (variable width right-of-way) having New York State Plane
33 Coordinate System (East) values N785332.4530, E672015.3325, said point
34 being distant 22.50 feet at a right angle from Station 6+25.50 in the
35 proposed centerline of said Jackson Avenue, and running, thence, the
36 following two (2) courses along said southerly right-of-way;
37 1. North 42 21'46" East a distance of 124.50 feet to a point, thence;
38 2. South 47 38'14" East a distance of 11.50 feet to a point, thence;
39 3. South 42 21'46" West a distance of 50.00 feet to a point, thence;
40 4. South 40 04'20" West a distance of 50.04 feet to a point, thence;
41 5. South 22 06'39" West a distance of 34.73 feet to a point of begin-
42 ning of a curve, thence;
43 6. On a curve to the right having a radius of 40.00 feet, an arc
44 length of 27.30 feet, whose chord bears North 30 04'02" West a chord
45 distance of 26.77 feet to the POINT OF BEGINNING.
46 Containing an area of 1,774 square feet or 0.041 acres more or less.
47 PARCEL C (Slope easement 3)
48 BEGINNING at a point having New York State Plane Coordinate System
49 (East) values N785894.6016, E672691.5033, said point being an inter-
50 section of the easterly line of Lot 2, Block 389, Section 8.570 with the
51 proposed southerly right-of-way line of Jackson Avenue (variable width
52 right-of-way), said point being distant 40.08 feet at a right angle from
53 Station 5+45.55 in the proposed centerline of said Jackson Avenue and
54 running, thence, the following two (2) courses along said easterly lot
55 line;
56 1. South 48 22'18" East a distance of 18.68 feet to a point, thence;
A. 6946--C 5
1 2. South 40 32'58" East a distance of 50.91 feet to a point, thence;
2 3. South 87 43'04" West a distance of 33.97 feet to a point, thence;
3 4. South 70 44'02" West a distance of 41.35 feet to a point, thence;
4 5. South 79 18'12" West a distance of 41.35 feet to a point, thence;
5 6. South 89 02'35" West a distance of 45.37 feet to a point, thence;
6 7. South 79 34'37" West a distance of 45.70 feet to a point, thence;
7 8. South 77 08'47" West a distance of 48.04 feet to a point, thence;
8 9. South 54 53'17" West a distance of 45.96 feet to a point, thence;
9 10. South 45 50'30" West a distance of 46.00 feet to a point, thence;
10 11. South 33 13'12" West a distance of 50.02 feet to a point, thence;
11 12. South 26 43'14" West a distance of 51.92 feet to a point, thence;
12 13. South 35 31'12" West a distance of 25.18 feet to a point, thence;
13 14. South 49 12'20" West a distance of 25.18 feet to a point, thence;
14 15. South 53 40'22" West a distance of 50.99 feet to a point, thence;
15 16. South 58 00'18" West a distance of 51.92 feet to a point, thence;
16 17. South 50 19'57" West a distance of 50.49 feet to a point, thence;
17 18. South 51 27'11" West a distance of 50.64 feet to a point, thence;
18 19. South 36 56'10" West a distance of 35.16 feet to a point in the
19 proposed southerly right-of-way line of Jackson Avenue; thence, the
20 following two (2) courses along said proposed southerly right-of-way
21 line of Jackson Avenue;
22 20. North 31 19'43" East a distance of 35.66 feet to a point, thence;
23 21. North 42 21'46" East a distance of 186.49 feet to a point in
24 existing southerly right-of-way line of Jackson Avenue, thence, the
25 following three (3) courses along said right-of-way line of Jackson
26 Avenue;
27 22. North 56 34'22" East a distance of 22.87 feet to a point, thence;
28 23. North 43 48'42" East a distance of 100.18 feet to a point, thence;
29 24. North 39 33'22" East a distance of 81.23 feet to a point, thence,
30 the following three (3) courses along the proposed southerly right-of-
31 way line of Jackson Avenue;
32 25. On a curve to the right having a radius of 517.50 feet, an arc
33 length of 244.24 feet, whose chord bears North 63 09'42" East a chord
34 distance of 241.98 feet, thence;
35 26. South 14 58'53" East a distance of 6.66 feet to a point, thence;
36 27. North 78 53'45" East a distance of 42.22 feet to the POINT OF
37 BEGINNING.
38 Containing an area of 22,051 square feet or 0.506 acres more or less.
39 PARCEL D (Slope easement 4)
40 BEGINNING at a point having New York State Plane Coordinate System
41 (East) values N785929.4871, E672918.6423, said point being an inter-
42 section of the westerly line of Lot 2, Block 389, Section 8.570 with the
43 proposed southerly right-of-way line of Jackson Avenue (variable width
44 right-of-way) said point being distant 43.50 feet at a right angle from
45 Station 17+75.73 on the proposed centerline of Jackson Avenue, and
46 running thence the following four (4) courses along said proposed south-
47 erly right-of-way line;
48 1. South 86 48'38" East a distance of 24.89 feet to a point, thence;
49 2. North 82 42'44" East a distance of 50.04 feet to a point, thence;
50 3. North 80 25'17" East a distance of 115.00 feet to a point, thence;
51 4. South 09 34'43" East a distance of 4.00 feet to a point, thence;
52 5. South 41 45'42" West a distance of 19.21 feet to a point, thence;
53 6. South 75 50'51" West a distance of 100.32 feet to a point, thence;
54 7. South 86 07'56" West a distance of 50.25 feet to a point, thence;
55 8. North 77 46'38" West a distance of 26.93 feet to a point, thence;
A. 6946--C 6
1 9. North 44 28'52" West a distance of 8.61 feet to a point along the
2 westerly line of Lot 2, thence;
3 10. Along said westerly line of Lot 2, North 21 22'02'02" East a
4 distance of 11.00 feet to the POINT OF BEGINNING.
5 Containing an area of 3,783 square feet or 0.087 acres more or less.
6 Parcel E (Slope easement 5)
7 BEGINNING at a point in the proposed southerly right-of-way line of
8 Jackson Avenue (variable width right-of-way) having New York State Plane
9 Coordinate System (East) values N785974.2174, E673187.9618, said point
10 being 44.00 feet at a right angle from Station 20+50 in the proposed
11 centerline of said Jackson Avenue, and running, thence, the following
12 five (5) courses along said proposed southerly right-of-way line;
13 1. North 85 57'37" East a distance of 45.87 feet to a point, thence;
14 2. South 84 58'28" East a distance of 45.81 feet to a point, thence;
15 3. South 87 11'02" East a distance of 45.58 feet to a point, thence;
16 4. South 81 52'04" East a distance of 45.77 feet to a point, thence;
17 5. South 75 23'36" East a distance of 22.91 feet to a point, thence;
18 6. South 82 55'52" East a distance of 23.38 feet to a point in the
19 existing southerly right-of-way line of Jackson Avenue, thence the
20 following two (2) courses along said southerly right-of-way line of
21 Jackson Avenue;
22 7. South 73 46'54" East a distance of 13.99 feet to a point, thence;
23 8. South 55 08'31" East a distance of 8.89 feet to a point, thence;
24 9. North 74 31'38" West a distance of 22.55 feet to a point, thence;
25 10. South 89 56'33" West a distance of 47.13 feet to a point, thence;
26 11. North 84 29'46" West a distance of 44.70 feet to a point, thence;
27 12. North 88 33'07" West a distance of 44.30 feet to a point, thence;
28 13. North 76 07'40" West a distance of 45.90 feet to a point, thence;
29 14. North 84 06'33" West a distance of 46.37 feet to the POINT OF
30 BEGINNING.
31 Containing an area of 2,306 square feet or 0.053 acres more or less.
32 Parcel F (Slope easement 6)
33 BEGINNING at a point having New York State Plane Coordinate System
34 (East) values N785929.4871, E672918.6423, said point being an inter-
35 section of the easterly line of Lot 5, Block 389, Section 8.570 with the
36 proposed southerly right-of-way line on Jackson Avenue (variable width
37 right-of-way), said point being distant 43.50 feet at a right angle from
38 Station 17+75.73 on the proposed centerline of Jackson Avenue, thence;
39 1. Along said easterly line of Lot 5, South 21 22'02" West a distance
40 of 11.00 feet to a point, thence;
41 2. North 44 28'52" West a distance of 11.51 feet to a point in the
42 proposed southerly right-of-way line of Jackson Avenue, thence;
43 3. Along said the proposed southerly right-of-way line, North
44 80 25'17" East a distance of 12.24 feet to the POINT OF BEGINNING.
45 Containing an area of 58 square feet or 0.001 acres more or less.
46 S 5. The replacement land to be acquired and dedicated by the county
47 of Westchester to use as parkland for public park purposes is a parcel
48 to be acquired from the town of Greenburgh and designated by the county
49 of Westchester as parkland and is described as follows:
50 ALL that certain piece or parcel of property, situate, lying and being
51 located in the town of Greenburgh, county of Westchester, state of New
52 York and being more particularly bounded and described as follows:
53 Beginning at a point formed by the division line between property now
54 or formerly River Towns Estates, LLC (7.00-142-3) and property now or
55 formerly Holy Spirit Association (1.200-120-2) at the site of a monument
56 at the southeast corner of said Holy Spirit Association, said point
A. 6946--C 7
1 being the point of BEGINNING, said point also being distant 4,799.60
2 feet as measured on a tie-course of N. 78 34'58" E. from a concrete
3 monument in the ground located on the division line between Common Area
4 and property of the Old Croton Aqueduct, said monument is distant 179.06
5 feet and measured on a course of N. 49 02'03" E. from the easterly side
6 of South Broadway as shown on County Clerk Map No. 28643;
7 thence along the division line between property now or formerly River
8 Towns Estates, LLC (7.00-142-3) and property now or formerly Town of
9 Greenburgh/County of Westchester/State of New York (7.300-142-4), S.
10 75 05'14" E., a distance of 59.52 feet;
11 thence over and across property now or formerly River Towns Estates, LLC
12 (7.00-142-3), S. 25 51'26" W., a distance of 151.63 feet;
13 thence N. 75 28'14" W., a distance of 388.30 feet;
14 thence N. 25 51'26" E., a distance of 155.00 feet to the division line
15 between property now or formerly River Towns Estates, LLC (7.00-142-3)
16 and property now or formerly Holy Spirit Association (1.200-120-2);
17 thence along said division line, S. 74 16'54" E., a distance of 139.88
18 feet;
19 thence S. 75 28'14" E., a distance of 188.27 feet to the site of a monu-
20 ment at southeast corner of said Holy Spirit Association, the point and
21 place of BEGINNING.
22 Containing 58,079 square feet or 1.3333 acres, more or less.
23 S 6. In the event that the replacement land to be acquired and dedi-
24 cated as parkland, described in section five of this act, is not equal
25 to or greater than the fair market value of the parklands to be alien-
26 ated, as described in section three of this act, the county of Westches-
27 ter shall acquire and dedicate additional land for parkland and/or cause
28 funds to be made available for capital improvements to its existing park
29 and recreational facilities, as necessary, to equal such difference in
30 fair market value.
31 S 7. If the parkland that is the subject of this act has received
32 funding pursuant to the federal land and water conservation fund, the
33 discontinuance of parkland authorized by the provisions of this act
34 shall not occur until the municipality has complied with the federal
35 requirements pertaining to the conversion of parklands, including satis-
36 fying the secretary of the interior that the discontinuance with all
37 conditions which the secretary of the interior deems necessary to assure
38 the substitution of other lands shall be equivalent in fair market value
39 and recreational usefulness to the lands being discontinued.
40 S 8. This act shall take effect immediately.
