Bill Text: NY A07590 | 2021-2022 | General Assembly | Amended

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Bill Title: Authorizes the town of Yorktown, county of Westchester, to alienate and discontinue the use of certain parkland.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-06-10 - substituted by s6553c [A07590 Detail]

Download: New_York-2021-A07590-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7590--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2021
                                       ___________

        Introduced  by M. of A. BYRNE -- read once and referred to the Committee
          on Local Governments -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT in relation to authorizing the town of Yorktown, county of West-
          chester, to alienate and discontinue the use of certain parkland

          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, acting by and through  its  governing  body
     3  and upon such terms and conditions as determined by such body, is hereby
     4  authorized to discontinue as parklands and lease at fair market value to
     5  HESP Solar LLC for a term not to exceed twenty-five years the lands more
     6  particularly  described  in section three of this act for the purpose of
     7  constructing a solar facility and electric vehicle charging stations.
     8    § 2. All proceeds from alienation and lease of the  parklands  author-
     9  ized  by  section  one  of this act shall be used for acquisition of new
    10  parklands and/or towards  capital  improvements  to  existing  park  and
    11  recreational facilities.
    12    § 3. The parklands authorized by section one of this act to be discon-
    13  tinued as parklands and leased are described as follows:
    14    All those parcels of land in the town of Yorktown, county of Westches-
    15  ter, and State of New York, bounded and described as follows:
    16                                  Parcel 1
    17    BEGINNING  at  a  point starting at X: 674978.43, Y: 901697.76; thence
    18  running South 3 degrees 00' 48" East 211.71'; thence  running  South  88
    19  degrees 04' 26" West 273.40'; thence running North 1 degree 55' 34" West
    20  206.56';  thence  running  North 86 degrees 59' 10" East 269.44', to the
    21  point of beginning. Total acreage of 1.303 acres.
    22                                  Parcel 2
    23    BEGINNING at a point starting at X: 674645.87,  Y:  901474.68;  thence
    24  running  South  6  degrees 25' 49" East 477.31'; thence running South 83

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11449-02-1
        A. 7590--A                          2

     1  degrees 20' 52" West 135.95'; thence running North  6  degrees  37'  56"
     2  West  477.83;  thence running North 83 degrees 33' 55" E 137.64', to the
     3  point of beginning. Total acreage of 1.50 acres.
     4                                  Parcel 3
     5    BEGINNING  at  a  point starting at X: 674639.18, Y: 901680.73; thence
     6  running North 6 degrees 46' 40" West 141.06'; thence  running  North  83
     7  degrees 13' 25" East 64.00'; thence running South 6 degrees 46' 40" East
     8  141.06';  thence  running  South  83  degrees 13' 25" West 64.0', to the
     9  point of beginning. Total acreage of 0.207 acres.
    10      Total acreage of parcels 1, 2 and 3 is approximately 3.01 acres.
    11    § 4. Should the lands described in section three of this act cease  to
    12  be used for the purposes described in section one of this act, the lease
    13  shall terminate and those lands shall revert to the town of Yorktown for
    14  public  park  and  recreational purposes. At the time of such reversion,
    15  the removal of any solar facilities and electric charging stations shall
    16  take place and the property shall be returned  to  its  previous  state,
    17  consistent with park and recreation purposes.
    18    §  5.  In  the  event  that the town of Yorktown received any funding,
    19  support or assistance from the  federal  government  for  the  purchase,
    20  maintenance  or  improvement of the parklands set forth in section three
    21  of this act, the discontinuance and alienation of such parkland  author-
    22  ized  by  the  provisions  of this act shall not occur until the town of
    23  Yorktown has complied with any federal requirements  pertaining  to  the
    24  alienation  or  conversion of parklands, including satisfying the secre-
    25  tary of the interior that the alienation or conversion complies with all
    26  conditions which the secretary of the interior deems necessary to assure
    27  the substitution of other lands shall be equivalent in fair market value
    28  and usefulness to the lands being alienated or converted.
    29    § 6. This act shall take effect immediately.