Bill Text: NY A09673 | 2013-2014 | General Assembly | Amended


Bill Title: Authorizes the town of Yorktown to alienate and convey certain parcels of land used as park land and to acquire other parcels of land to replace such park land.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-03 - print number 9673a [A09673 Detail]

Download: New_York-2013-A09673-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9673--A
                                 I N  A S S E M B L Y
                                     May 15, 2014
                                      ___________
       Introduced  by  M. of A. KATZ -- 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 to authorize the town of Yorktown, Westchester County to alienate
         and convey certain parcels of land used as parkland
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  (a) Subject to the provisions of this  act,  the  town  of
    2  Yorktown,  Westchester  County, acting by and through its town board, is
    3  hereby authorized to discontinue as parklands and  alienate,  the  lands
    4  described  in  section three of this act, to Algonquin Gas Transmission,
    5  LLC for the purpose of a launcher and receiver above grade facility.
    6    (b) Additionally, the town of Yorktown, Westchester County, acting  by
    7  and  through its town board, is hereby authorized to convey by appropri-
    8  ate instruments to Algonquin Gas Transmission, LLC, a temporary easement
    9  in town parkland as described in section  four  of  this  act,  for  the
   10  purpose of providing staging areas, workspace and a contractor ware yard
   11  to  facilitate construction work to replace the existing pipeline with a
   12  larger one. Upon completion of construction, the surface  of  the  lands
   13  shall  be  restored  and  the  lands  shall continue to be used for park
   14  purposes.
   15    S 2. The authorization provided in section one of this  act  shall  be
   16  effective  only upon the condition that the town of Yorktown dedicate an
   17  amount equal to or greater than the fair market value of the  conveyance
   18  and  easement  interest  being alienated pursuant to section one of this
   19  act to the acquisition of new parklands and/or capital  improvements  to
   20  existing park and recreational facilities.
   21    S  3.  The  lands authorized by subdivision (a) of section one of this
   22  act to be discontinued as parklands are as follows:
   23    BEGINNING at a point on the westerly side  of  Stoney  Street  Thence,
   24  South  02 58'58"  East  along  said  Stoney Street a distance of 46.88',
   25  Thence, South  02 16'22"  East  a  distance  of  33.61',  Thence,  South
   26  66 01'21"  West  a  distance  of 380.00', Thence, North 23 58'39" West a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15201-04-4
       A. 9673--A                          2
    1  distance of 75.00', Thence, North 66 01'21" East a distance  of  409.02'
    2  to the POINT OF BEGINNING. Consisting of 0.68 acres more or less.
    3    S  4.  The  temporary easements to be conveyed by the town of Yorktown
    4  pursuant to the provisions of subdivision (b) of section one of this act
    5  are described as follows:
    6    BEGINNING at a point on the easterly line of Lexington Avenue  at  the
    7  northerly line of an Algonquin Gas Transmission Company easement; Thence
    8  North  08 53'51"  West  along  said  easterly line of Lexington Avenue a
    9  distance of 83.45 feet; Thence North 64 34'02" East a distance of  10.17
   10  feet; Thence North 81 23'05" East a distance of 94.81 feet; Thence South
   11  25 25'58"  East  a  distance of 7.57 feet; Thence North 64 36'19" East a
   12  distance of 25.09 feet; Thence North 81 23'05" East a distance of 155.90
   13  feet to the northerly line of the  Algonquin  Gas  Transmission  Company
   14  easement;  Thence along the Algonquin Gas Transmission Company easement,
   15  South 64 36'57" West a distance of 146.00 feet; Thence along the  Algon-
   16  quin  Gas  Transmission Company easement South 64 34'02" West a distance
   17  of 153.01 feet to the point of beginning.   Consisting  of  0.282  acres
   18  more or less.
   19    BEGINNING  at a point on the northerly line of an Algonquin Gas Trans-
   20  mission Company easement; Thence North  08 59'03"  West  a  distance  of
   21  46.91 feet; Thence North 64 37'06" East a distance of 79.30 feet; Thence
   22  North  25 22'54"  West  a distance of 35.00 feet; Thence North 64 37'06"
   23  East a distance of 3.33 feet; Thence North 46 30'29" East a distance  of
   24  96.67 feet; Thence South 43 29'31" East a distance of 35.00 feet; Thence
   25  North  46 30'29"  East a distance of 139.13 feet; Thence North 53 58'24"
   26  East a distance of 152.64 feet; Thence North 54 59'24" East  a  distance
   27  of  200.28  feet; Thence North 55 41'28" East a distance of 990.64 feet;
   28  Thence North 81 41'54" East a distance of 102.73 feet  to  the  existing
   29  Algonquin  Gas  easement.    Thence along the Algonquin Gas Transmission
   30  Company easement South 55 41'36" West a distance of 1082.67 feet; Thence
   31  along the Algonquin Gas Transmission Company  easement  South  54 59'24"
   32  West  a  distance  of 199.62 feet; Thence along the Algonquin Gas Trans-
   33  mission Company easement South 53 58'24" West a distance of 149.31 feet;
   34  Thence along the  Algonquin  Gas  Transmission  Company  easement  South
   35  46 30'29" West a distance of 245.61 feet; Thence along the Algonquin Gas
   36  Transmission  Company easement South 64 36'57" West a distance of 108.62
   37  feet to the point of beginning.  Consisting of 1.872 acres more or less.
   38    BEGINNING at a point on the northerly line of an Algonquin Gas  Trans-
   39  mission  Company  easement;  Thence  South 81 41'54" West, a distance of
   40  102.73 feet; Thence North 55 41'28" East, a  distance  of  180.22  feet;
   41  Thence  North  34 20'20"  West,  a  distance of 34.79 feet; Thence North
   42  55 11'27" East, a distance of 100.00 feet; Thence South 34 48'33"  East,
   43  a  distance  of  35.00  feet; Thence North 55 22'29" East, a distance of
   44  357.72 feet; Thence North 34 31'35" West,  a  distance  of  35.00  feet;
   45  Thence  North  55 28'25"  East,  a distance of 100.00 feet; Thence South
   46  34 31'35" East, a distance of 35.00 feet; Thence North 55 37'22" East, a
   47  distance of 479.62 feet; Thence North  34 25'00"  West,  a  distance  of
   48  35.00  feet;  Thence  North  55 35'00"  East, a distance of 100.00 feet;
   49  Thence South 34 25'00" East, a  distance  of  8.21  feet;  Thence  South
   50  37 29'19"  West,  a distance of 233.41 feet to the northerly line of the
   51  Algonquin Gas Transmission Company easement; Thence along the  Algonquin
   52  Gas  Transmission  Company  easement South 55 32'13" West, a distance of
   53  1003.74 feet to the point of beginning. Consisting of 1.391  acres  more
   54  or less.
   55    BEGINNING  at a point on the northerly line of an Algonquin Gas Trans-
   56  mission Company easement; Thence North  37 29'19"  East  a  distance  of
       A. 9673--A                          3
    1  233.41  feet;  Thence  South  34 25'00"  East  a distance of 26.79 feet;
    2  Thence North 55 54'05" East a distance  of  114.30  feet;  Thence  South
    3  07 12'30"  East  a  distance  of  50.04 feet to the northern line of the
    4  Algonquin  Gas Transmission Company easement; Thence along the Algonquin
    5  Gas Transmission Company easement South 55 28'46"  West  a  distance  of
    6  313.28 feet to the point of beginning, Consisting of 0.290 acres more or
    7  less.
    8    BEGINNING  at  a  point  on the westerly side of Stoney Street Thence,
    9  South 02 58'58" East along said Stoney Street  a  distance  of  139.24',
   10  Thence,  South  66 01'21"  West  a  distance  of 1104.88', Thence, South
   11  55 57'16" West a distance of 1264.39', Thence, South  81 54'27"  West  a
   12  distance  of  3.37',  Thence, South 81 52'23" West a distance of 99.58',
   13  Thence, North 55 57'16"  East  a  distance  of  424.35',  Thence,  North
   14  34 02'44"  West  a  distance  of  35.00', Thence, North 55 57'16" East a
   15  distance of 100.00', Thence, South 34 02'44" East a distance of  35.00',
   16  Thence,  North  55 57'16"  East  a  distance  of  204.59', Thence, North
   17  34 02'44" West a distance of 35.00',  Thence,  North  55 57'16"  East  a
   18  distance  of 100.00', Thence, South 34 02'44" East a distance of 35.00',
   19  Thence, North 55 57'16"  East  a  distance  of  536.01',  Thence,  North
   20  66 01'21"  East  a  distance  of 807.63', Thence, North 23 58'39" West a
   21  distance of 85.00;, Thence, South 66 01'21" East a distance of  351.10',
   22  to the POINT OF BEGINNING consisting of 3.323 acres more or less.
   23    BEGINNING  at  a  point  on the westerly side of Stoney Street Thence,
   24  South 02 16'22" East along said Stoney  Street  a  distance  of  10.76',
   25  Thence,  South  66 01'21"  West  a  distance  of  376.02', Thence, North
   26  23 58'39" West a distance of 10.00',  Thence,  South  66 01'21"  West  a
   27  distance of 380.00, to the POINT OF BEGINNING. Consisting of 0.086 acres
   28  more or less.
   29    BEGINNING  at  a  point  on the westerly side of Stoney Street Thence,
   30  South 02 58'58" East along said Stoney  Street  a  distance  of  52.99',
   31  Thence,  South  66 01'21"  West  a  distance  of  351.10', Thence, South
   32  23 58'39" East a distance of 85.00',  Thence,  South  66 01'21"  West  a
   33  distance  of 807.63', Thence, South 55 57'16" West a distance of 68.10',
   34  Thence, North 06 40'32" West  a  distance  of  1131.76',  Thence,  North
   35  82 45'53"  East  a  distance  of 410.23', Thence, North 83 07'23" East a
   36  distance of 175.02', Thence, South 04 44'09" East a distance of 564.77',
   37  Thence, South 59 15'30"  East  a  distance  of  283.36',  Thence,  North
   38  66 01'21"  East  a  distance  of  370.51'  to  the  POINT  OF BEGINNING.
   39  Consisting of 15.40 acres more or less.
   40    S 5. The conveyances authorized by the provisions of  this  act  shall
   41  not  occur  until  the  town  of  Yorktown has complied with any federal
   42  requirements as applicable pertaining to the alienation or  conversation
   43  of  parklands,  including  satisfying the secretary of the interior with
   44  all conditions which the secretary of the interior  deems  necessary  to
   45  assure that the substitution of other lands be equivalent in fair market
   46  value  and  recreational  usefulness  to  the  lands  being alienated or
   47  converted.
   48    S 6. This act shall take effect immediately.
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