Bill Text: NY A10388 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes the town of Southeast, county of Putnam, to alienate certain lands used as parkland and to dedicate certain other lands as parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-10-07 - signed chap.219 [A10388 Detail]

Download: New_York-2019-A10388-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10388--A

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        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 Southeast, county of
          Putnam, to alienate certain lands used as  parkland  and  to  dedicate
          certain other lands as 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  South-
     2  east,  county  of  Putnam,  acting by and through its governing body and
     3  upon such terms and conditions as determined  by  such  body  is  hereby
     4  authorized  to discontinue as parklands and alienate the lands described
     5  in section three of this act to Proswing Sports  Realty,  Inc.  for  the
     6  purpose of developing such lands for recreational use.
     7    §  2.  The  authorization provided in section one of this act shall be
     8  effective only upon the condition  that  Proswing  Sports  Realty,  Inc.
     9  convey  to the town of Southeast, and that the town of Southeast acquire
    10  and dedicate the lands described in section four of this  act  as  park-
    11  lands, provided that the town of Southeast has never used such lands for
    12  public open space or park purposes.
    13    §  3. The parklands authorized by section one of this act to be alien-
    14  ated are described as follows:

    15            Description of Alienation of Parcel 1A (15.605 Acres)

    16    ALL that certain piece or parcel of land situate, lying and  being  in
    17  the  Town  of Southeast, County of Putnam and State of New York, being a
    18  portion of Parcel 1A conveyed to the Town of Southeast  as  recorded  in
    19  Liber  1791  of  deeds  at Page 437 in the Putnam County Clerk's Office,
    20  said parcel also designated as the "15.605 Acres to Alienate"  as  shown
    21  on  a  map  entitled  "Map  of Alienation Parcel prepared for Proswing",
    22  prepared by Insite Engineering, Surveying  and  Landscape  Architecture,
    23  P.C., being more particularly bounded and described as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16224-05-0
        A. 10388--A                         2

     1  COMMENCING  at the southwest corner of the "44.854 Acres Remaining Park-
     2  land" parcel as shown on the aforementioned map, said point  also  being
     3  the  northwest  corner  of  lands  now  or  formerly belonging to Putnam
     4  Seabury Partners and along the westerly line of Pugsley Road as shown on
     5  a map entitled, "Map Showing Parcels to be Exchanged for the Improvement
     6  of  Pugsley  Road,  Zimmer  Road,  Barrett Road and Fields Corner Road",
     7  dated July 8, 2004, prepared by Badey & Watson Surveyors;
     8  thence along said westerly line of Pugsley Road,  North  14°46'25"  West
     9  1381.48 feet to the point or place of BEGINNING;
    10  thence  continuing along the westerly line of Pugsley Road the following
    11  bearings and distances:
    12  North 14°46'25" West 104.23 feet,
    13  North 09°49'22" West 83.67 feet,
    14  North 05°56'12" West 153.12 feet,
    15  North 07°07'02" West 198.06 feet and
    16  North 10°39'52" West 170.34 feet to the southerly line of Zimmer Road;
    17  thence along said line the following bearings and distances:
    18  North 68°34'08" East 102.92 feet,
    19  North 64°09'18" East 34.01 feet,
    20  North 66°07'08" East 64.00 feet,
    21  North 71°31'08" East 42.22 feet,
    22  North 68°14'28" East 136.14 feet,
    23  North 71°03'28" East 35.15 feet,
    24  North 65°40'18" East 29.00 feet,
    25  North 72°49'48" East 65.10 feet,
    26  North 65°31'08" East 40.01 feet and
    27  North 68°01'58" East 365.88 feet to the westerly line of  lands  now  or
    28  formerly  belonging  to  the County of Putnam as described in Liber 1871
    29  Page 291;
    30  thence along said line South 12°26'14" East 442.31 feet to the northwes-
    31  terly line of the "44.854 Acres Remaining Parkland" parcel as  shown  on
    32  of  above-mentioned  map entitled "Map of Alienation Parcel prepared for
    33  Proswing";
    34  thence along the northwesterly and northerly lines of said parcel, South
    35  19°14'26" West 523.33 feet and South 80°23'07" West 668.46 feet  to  THE
    36  POINT OR PLACE OF BEGINNING.

    37            Description of Alienation of Parcel 2A (66.177 Acres)

    38    ALL  that  certain piece or parcel of land situate, lying and being in
    39  the Town of Southeast, County of Putnam and State of New York,  being  a
    40  portion  of  Parcels  2A  and  3A  conveyed  to the Town of Southeast as
    41  recorded in Liber 1791 of deeds at Page 437 in the Putnam County Clerk's
    42  Office, said parcel also designated as the "66.177 Acres to Alienate" as
    43  shown on a map entitled "Map of Alienation Parcels prepared  for  Prosw-
    44  ing",  prepared by Insite Engineering, Surveying and Landscape Architec-
    45  ture, P.C., being more particularly bounded and described as follows:
    46  BEGINNING along the easterly line of Fields Corner Road, as shown  on  a
    47  map  entitled,  "Map Showing Parcels to be Exchanged for the Improvement
    48  of Pugsley Road, Zimmer Road, Barrett  Road  and  Fields  Corner  Road",
    49  dated  July  8, 2004, prepared by Badey & Watson Surveyors, at the divi-
    50  sion line between the lands now or formerly belonging to the  County  of
    51  Putnam to the North and the parcel described herein on the South;
    52  thence  along  said  division  line,  also  reputedly  the division line
    53  between the Town of Patterson and the Town of Southeast, North 82°46'38"
    54  East 1361.15 feet to the westerly line of a parcel designated as "26.834
        A. 10388--A                         3

     1  Acres Remaining Parkland" as shown on the  aforementioned  map  entitled
     2  "Map of Alienation Parcels prepared for Proswing";
     3  thence along the westerly and southerly line of said "26.834 Acres Park-
     4  land" parcel, South 03°00'04" East 1074.09 feet and South 66°02'42" East
     5  1114.50 feet to the westerly line of Interstate Route No. 503-32 and the
     6  northeast  corner  of  lands  now or formerly belonging to the County of
     7  Putnam as described in Liber 1871 Page 291;
     8  thence along the northerly line of lands of the County of Putnam,  South
     9  75°47'09"  West  600.00 feet and South 12°26'14" East 350.36 feet to the
    10  northerly line of Zimmer Road;
    11  thence along said line the following bearings and distances:
    12  South 69°15'28" West 120.68 feet,
    13  South 66°02'18" West 56.25 feet,
    14  North 68°10'32" West 2.97 feet,
    15  South 67°14'28" West 98.15 feet,
    16  South 69°02'08" West 255.42 feet,
    17  South 50°17'38" West 8.30 feet,
    18  South 75°15'38" West 29.41 feet,
    19  South 66°45'48" West 84.01 feet,
    20  South 71°47'18" West 42.24 feet,
    21  South 67°28'28" West 181.09 feet,
    22  South 68°31'38" West 66.08 feet,
    23  South 74°50'48" West 42.45 feet and
    24  North 78°16'12" West 137.86 feet to the easterly line of  Fields  Corner
    25  Road,  as  shown  on  a  the  aforementioned  map entitled, "Map Showing
    26  Parcels to be Exchanged for the  Improvement  of  Pugsley  Road,  Zimmer
    27  Road, Barrett Road and Fields Corner Road";
    28  thence along said line the following bearings and distances:
    29  North  30°25'52"  West  485.20  feet  to  a tangent curve, to the right,
    30  having a radius of 770.00 feet, a central angle of 2°49'53" and  an  arc
    31  length of 38.05 feet,
    32  N 16°05'52" West 0.85 feet,
    33  N  28°28'12" West 7.88 feet to a non-tangent curve, to the right, having
    34  a radius of 770.00 feet, a central angle of 16°21'12" and an arc  length
    35  of 219.77 feet to a point of tangency,
    36  N  10°35'52"  West 578.00 feet to a tangent curve, to the left, having a
    37  radius of 150.00 feet, a central angle of 20°41'28" and an arc length of
    38  54.17 feet,
    39  N 27°53'52" West 26.24 feet,
    40  N 42°51'02" West 16.20 feet,
    41  N 65°59'32" West 14.90 a non-tangent curve, to the left, having a radius
    42  of 150.00 feet, a central angle of 22°04'56" and an arc length of  57.81
    43  feet to a point of tangency,
    44  N 74°35'52" West 23.27 feet,
    45  N 70°49'52" West 26.67 feet,
    46  N 83°36'32" West 11.19 feet,
    47  N  74°35'52"  West 43.06 feet to a tangent curve, to the right, having a
    48  radius of 160.00 feet, a central angle of 55°30'00" and an arc length of
    49  154.99 feet,
    50  N 19°05'52" West 212.47 feet.
    51  N 70°17'58" East 15.12 feet,
    52  N 31°55'23" West 68.14 feet,
    53  N 19°05'52" West 20.92 feet to a tangent curve, to the right,  having  a
    54  radius of 270.00 feet, a central angle of 21°00'00" and an arc length of
    55  98.96 feet,
        A. 10388--A                         4

     1  N  01°54'08"  East 255.00 feet to a tangent curve, to the left, having a
     2  radius of 830.00 feet, a central angle of 3°51'54" and an arc length  of
     3  55.99 feet to the POINT OR PLACE OF BEGINNING.

     4             Description of Alienation of Parcel 1B (.041 Acres)

     5    ALL  that  certain piece or parcel of land situate, lying and being in
     6  the Town of Southeast, County of Putnam and State  of  New  York,  being
     7  Parcel 1B conveyed to the Town of Southeast as recorded in Liber 1791 of
     8  deeds  at Page 437 in the Putnam County Clerk's Office, said parcel also
     9  designated as "Parcel 1B" as shown on a map entitled "Map of  Alienation
    10  Parcels  prepared for Proswing", prepared by Insite Engineering, Survey-
    11  ing and Landscape Architecture, P.C., being  more  particularly  bounded
    12  and described as follows:
    13  COMMENCING  at a point along the easterly line of Fields Corner Road, as
    14  shown on a map entitled, "Map Showing Parcels to be  Exchanged  for  the
    15  Improvement of Pugsley Road, Zimmer Road, Barrett Road and Fields Corner
    16  Road",  dated July 8, 2004, prepared by Badey & Watson Surveyors, at the
    17  division line between the lands now or formerly belonging to the  County
    18  of  Putnam on the North and the "66.177 Acres to Alienate" parcel on the
    19  South, as shown on the aforementioned map entitled, "Map  of  Alienation
    20  Parcel prepared for Proswing";
    21  thence  along said line of Fields Corner Road the following bearings and
    22  distances:
    23  on a curve, to the right, having a radius  of  830.00  feet,  a  central
    24  angle of 3°51'54" and an arc length of 55.99 feet,
    25  South  01°54'08"  West  255.00 to a tangent curve, to the left, having a
    26  radius of 270.00 feet, a central angle of 21°00'00" and an arc length of
    27  98.96 feet,
    28  South 19°05'52" East 20.92
    29  South 31°55'23" East 68.14
    30  South 70°17'58" West 15.12
    31  South 19°05'52" East 212.47 to a tangent curve, to the  left,  having  a
    32  radius of 160.00 feet, a central angle of 55°30'00" and an arc length of
    33  154.99 feet,
    34  South 74°35'52" East 43.06
    35  South 83°36'32" East 11.19
    36  South 70°49'52" East 26.67
    37  South  74°35'52" East 23.27 to a non-tangent curve, to the right, having
    38  a radius of 150.00 feet, a central angle of 22°04'56" and an arc  length
    39  of 57.81 feet to a point of tangency,
    40  South 65°59'32" East 14.90
    41  South 42°51'02" East 16.20
    42  South  27°53'52"  East  26.24 to a tangent curve, to the right, having a
    43  radius of 150.00 feet, a central angle of 20°41'28" and an arc length of
    44  54.17 feet,
    45  South 10°35'52" East 578.00 a non-tangent curve, to the left,  having  a
    46  radius of 770.00 feet, a central angle of 16°21'12" and an arc length of
    47  219.77 feet to a point of tangency,
    48  South 28°28'12" East 7.88 feet,
    49  South  16°05'52" East 0.85 feet, to a tangent curve, to the left, having
    50  a radius of 770.00 feet, a central angle of 2°49'53" and an  arc  length
    51  of 38.05 feet and
    52  South 30°25'52" East 485.20 feet to the northerly line of Zimmer Road;
    53  thence crossing said road, South 30°25'52" East 46.10 feet to a point on
    54  the  southerly  line of Zimmer Road where the same is intersected by the
        A. 10388--A                         5

     1  division line of lands now or formerly belonging to Putnam Seabury Part-
     2  ners and the premises herein described, said point being the TRUE  POINT
     3  OR PLACE OF BEGINNING.
     4  thence  along  the  southerly  line of Zimmer Road, South 80°25'00" East
     5  46.13 feet and South 67°55'56" East 38.35  feet  to  the  aforementioned
     6  lands of Putnam Seabury Partners;
     7  thence  along  said  lands, South 57°54'08" West 27.81 feet to a tangent
     8  curve, to the right, having a radius of 30.00 feet, a central  angle  of
     9  91°40'00"  and  an  arc  length  of 48.00' feet and North 30°25'52" West
    10  30.90 feet to the southerly line of Zimmer Road and the point  or  place
    11  of BEGINNING.

    12             Description of Alienation of Parcel 2B (.347 Acres)

    13    ALL  that  certain piece or parcel of land situate, lying and being in
    14  the Town of Southeast, County of Putnam and State  of  New  York,  being
    15  Parcel 2B conveyed to the Town of Southeast as recorded in Liber 1791 of
    16  deeds  at Page 437 in the Putnam County Clerk's Office, said parcel also
    17  designated as "Parcel 2B" as shown on a map entitled "Map of  Alienation
    18  Parcels  prepared for Proswing", prepared by Insite Engineering, Survey-
    19  ing and Landscape Architecture, P.C., being  more  particularly  bounded
    20  and described as follows:
    21  COMMENCING  at a point along the easterly line of Pugsley Road, as shown
    22  on a map entitled, "Map Showing Parcels to be Exchanged for the Improve-
    23  ment of Pugsley Road, Zimmer Road, Barrett Road and Fields Corner Road",
    24  dated July 8, 2004, prepared by Badey & Watson Surveyors, at  the  divi-
    25  sion  line  between  lands  now  or formerly belonging to Putnam Seabury
    26  Partners on the South and the "44.845 Acres Remaining Parkland"  on  the
    27  North  as  shown  on  the aforementioned map entitled "Map of Alienation
    28  Parcels prepared for Proswing";
    29  thence along said line of Pugsley Road,  North  14°46'25"  West  1381.48
    30  feet and North 14°46'25" West 104.23 feet to a point;
    31  thence  crossing  Pugsley  Road,  North  14°46'25" West 130.90 feet to a
    32  tangent curve, to the left, having a radius of 830.00  feet,  a  central
    33  angle  of 7°06'33" and an arc length of 102.99 feet to the westerly line
    34  of Pugsley Road where the same  is  intersected  by  the  division  line
    35  between other lands now or formerly belonging to Putnam Seabury Partners
    36  and  the  premises  herein described, said point being the TRUE POINT OR
    37  PLACE OF BEGINNING;
    38  thence along said lands of Putnam Seabury Partners the  following  bear-
    39  ings and distances;
    40  on a curve, to the left, having a radius of 830.00 feet, a central angle
    41  of 8°33'27" and an arc length of 123.97 feet to a point of tangency,
    42  N  30°26'25"  W 157.75 to a tangent curve, to the right, having a radius
    43  of 30.00 feet, a central angle of 88°20'00" and an arc length  of  46.25
    44  feet,
    45  N 57°53'35" E 48.78 to the westerly line of Pugsley Road;
    46  thence along said line the following bearings and distances:
    47  S 48°02'44" E 53.03
    48  S 01°56'04" E 23.68 feet,
    49  S 11°00'24" E 40.04 feet,
    50  S 07°35'17" E 99.01 feet,
    51  S 14°57'24" E 42.26 feet and
    52  S 08°30'54" E 77.15 to the point or place of BEGINNING.
    53  TOTAL OF ALL PARCELS TO BE CONVEYED BY THE TOWN TO PROSWING SPORTS REAL-
    54  TY, INC. TOTALS 82.170 ACRES
        A. 10388--A                         6

     1    §  4.  Prior  to  the  discontinuance  and alienation of the parklands
     2  described in section three of this act,  the  town  of  Southeast  shall
     3  dedicate as parklands such land described as follows:

     4   Description of Proswing Sports Realty Inc. Parcel Lot A (94.884 Acres)

     5    ALL  that  certain piece or parcel of land situate, lying and being in
     6  the Town of Southeast, County of Putnam and State of  New  York,  desig-
     7  nated  as  Lot  A  as  shown  on  a map entitled "Final Subdivision Plat
     8  prepared for Proswing", prepared by Insite  Engineering,  Surveying  and
     9  landscape  Architecture,  P.C.,  approved  by  the  Town of Southeast on
    10  February 24, 2020, to be filed in  the  Putnam  County  Clerk's  Office,
    11  being more particularly bounded and described as follows:
    12  BEGINNING  at a point along the westerly line of Starr Ridge Road at the
    13  southerly line of lands now or formerly belonging  to  Craig  &  Deborah
    14  Cole,  said  point  also being along the easterly boundary of the herein
    15  described parcel;
    16  thence along said line of Starr Ridge Road, the following  bearings  and
    17  distances:
    18  S 04°15'50" W 372.71 feet,
    19  S 02°09'10" W 213.09 feet and
    20  S  02°44'25" W 392.80 feet to lands now or formerly belonging to Michael
    21  J. & Kathy A. Daigneault Revocable Trust;
    22  thence along said lands and also along lands now or  formerly  belonging
    23  to Edward & Yvonne Raboy Family Partnership Limited, the following bear-
    24  ings and distances:
    25  S 89°04'40" W 197.33 feet,
    26  S 86°54'10" W 113.03 feet,
    27  S 89°02'10" W 267.00 feet and
    28  S  88°04'00" W 581.20 feet to lands now or formerly belonging to Ghassan
    29  Atalla,
    30  thence along said lands and also along lands now or  formerly  belonging
    31  to  Tonya  M.  Carr-Waldron  &  Bradley  Waldron,  and also lands now or
    32  formerly  belonging  to  Nasser  Aqeel,  the  following   bearings   and
    33  distances:
    34  N 05°03'40" W 407.27 feet,
    35  N 05°26'36" W 281.10 feet,
    36  N 05°07'06" W 108.30 feet,
    37  N 15°03'40" E 204.65 feet,
    38  S 85°53'10" W 388.31 feet,
    39  S 87°23'10" W 362.51 feet,
    40  S 73°16'00" W 47.94 feet,
    41  S 86°36'38" W 105.72 feet,
    42  S 76°48'16" W 33.14 feet,
    43  S 59°38'12" W 19.94 feet and
    44  S  77°06'32" W 197.09 feet to lands now or formerly belonging to Barbara
    45  F. & Joshua White;
    46  thence along said lands and also along lands now or  formerly  belonging
    47  to  Elizabeth  Echegaray, and also along lands now or formerly belonging
    48  to Jeremy Sabatini and also along lands now or formerly belonging Daniel
    49  Prendergast  &  Jennifer  L.  Johnston,  the  following   bearings   and
    50  distances:
    51  N 05°08'40" W 491.23 feet,
    52  S 82°52'50" W 92.09 feet,
    53  S 86°02'00" W 124.78 feet,
    54  N 17°05'30" E 330.39 feet,
        A. 10388--A                         7

     1  N 11°27'50" E 100.13 feet,
     2  N 16°57'40" E 100.10 feet,
     3  N 09°43'40" E 70.23 feet,
     4  N 19°59'20" E 17.14 feet and
     5  S 84°51'20" W 591.11 feet to the easterly line of Turk Hill Road;
     6  thence along said line, the following bearings and distances:
     7  N 10°06'18" E 138.66 feet,
     8  N 03°21'11" E 259.30 feet and
     9  N  48°20'17" E 48.28 feet to lands now or formerly belonging to Lawrence
    10  Fryer designated as Lot 2 as shown on a map entitled "Final  Subdivision
    11  Plat Triple "T" Estates" filed on September 29, 2003 as map number 2937;
    12  thence along said lands, the following bearings and distances:
    13  N 84°25'00" E 2156.86 feet,
    14  N 13°00'00" E 21.34 feet and
    15  N 83°44'40" E 272.00 feet to lands now or formerly belonging to Joseph &
    16  Elizabeth Kiss;
    17  thence along said lands, S 06°15'20" E 500.00 feet to the northerly line
    18  of  Lot B as shown on the aforementioned map entitled "Final Subdivision
    19  Plat prepared for Proswing";
    20  thence along said Lot the following bearings and distances:
    21  S 83°44'40" W 459.26 feet,
    22  S 06°15'20" E 343.37 feet and
    23  N 83°44'40" E 346.914 feet to lands now or formerly belonging  to  Craig
    24  and Deborah Cole;
    25  thence along said lands the following bearings and distances:
    26  S 02°51'20" W 271.15 feet,
    27  S 03°45'50" W 471.95 feet and
    28  N 86°27'10" E 626.86 feet to the point or place of BEGINNING.
    29    §  5.  In  the  event  that  the  fair  market  value of the parklands
    30  described in section four of this act to be dedicated  by  the  town  of
    31  Southeast pursuant to this act are not equal to or greater than the fair
    32  market  value  of  the parklands to be alienated as described in section
    33  three of this act, the town of Southeast shall dedicate  the  difference
    34  of  the  fair market value of the lands to be alienated and the lands to
    35  be dedicated for the acquisition of additional parklands and/or  capital
    36  improvements to existing park and recreational facilities.
    37    §  6.  In  the  event  that the town of Southeast received any funding
    38  support or assistance from the  federal  government  for  the  purchase,
    39  maintenance  or  improvement of the parklands set forth in section three
    40  of this act, the discontinuance and alienation of such parkland  author-
    41  ized  by  the  provisions  of this act shall not occur until the town of
    42  Southeast has complied with any federal requirements pertaining  to  the
    43  alienation  or  conversion of parklands, including satisfying the secre-
    44  tary of the interior that the alienation or conversion complies with all
    45  conditions which the secretary of the interior deems necessary to assure
    46  the substitution of other lands shall be equivalent in fair market value
    47  and usefulness to the lands being alienated or converted.
    48    § 7. This act shall take effect immediately.