Bill Text: NY S06046 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the town of New Castle, county of Westchester, to alienate and discontinue the use of certain parklands and to dedicate certain other lands conveyed to the town from Vivek and Chitra Agastya as parklands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-07-01 - SIGNED CHAP.219 [S06046 Detail]

Download: New_York-2021-S06046-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6046

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 31, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to authorize the town of New Castle, county  of  Westchester,  to
          alienate  and discontinue the use of certain parklands 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 New
     2  Castle, 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  the  lands  more  particularly
     5  described in section two of this act.
     6    §  2.  The  authorization provided by section one of this act shall be
     7  effective only upon the condition that Vivek and Chitra  Agastya  convey
     8  to  the  town  of New Castle the lands described in section four of this
     9  act, and the town of New Castle dedicate such lands as parklands open to
    10  the general public.
    11    § 3. The lands authorized by section one of this act to be  discontin-
    12  ued as parklands are described as follows:
    13              Description of Alienation of Parcel (0.60 Acres)
    14                  Portion of Section 92.16, Block 1, Lot 22
    15  ALL  that certain plot, piece or parcel of land situate, lying and being
    16  in the Town of New Castle, County of Westchester and State of New  York,
    17  shown  on  a  certain  map  entitled  "Map  No.  1, Chappaqua Section of
    18  Lawrence Farms, Town of New Castle, Westchester County, New York", dated
    19  February 2, 1929 as prepared by William A.  Smith,  Civil  Engineer  and
    20  filed  in  the  Westchester  County  Clerk's  Office  - Division of Land
    21  Records on April 29, 1929, as Map No.   3424, said property  being  more
    22  particularly bounded and described as follows:
    23  BEGINNING  at  a point lying on the northerly side of North Way as shown
    24  on said filed map, said point also lying on the  division  line  between

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10605-01-1

        S. 6046                             2

     1  the  lands  of  Agastya  and  the  lands  of  the  Town of New Castle as
     2  described in Liber 5061 Page 483 as  filed  in  the  Westchester  County
     3  Clerk's Office;
     4  RUNNING  THENCE  along said northerly side of North Way South 59 degrees
     5  21 minutes 22 seconds West a distance of 187.8' +/- to a point;
     6  RUNNING THENCE over and across the lands of the Town of New  Castle  the
     7  following courses and distances:
     8  North 29 degrees 19 minutes West a distance of 154.0' +/- to a point;
     9  North  44 degrees 06 minutes 20 seconds East a distance of 119.7' +/- to
    10  a point lying on said division line between the lands of Agastya and the
    11  lands of the Town of New Castle;
    12  RUNNING THENCE along said division line South 50 degrees 59  minutes  50
    13  seconds  East  a  distance of 197.8' +/- to the point or place of begin-
    14  ning.
    15  Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
    16    § 4. The lands required by section two of this act to be  conveyed  to
    17  the  town  of  New  Castle  by Vivek and Chitra Agastya and dedicated as
    18  parklands open to the general public are described as follows:
    19                 Description of Agastya Parcel (0.60 Acres)
    20                  Portion of Section 92.16, Block 1, Lot 23
    21  ALL that certain plot, piece or parcel of land situate, lying and  being
    22  in  the Town of New Castle, County of Westchester and State of New York,
    23  shown on a certain  map  entitled  "Map  No.  1,  Chappaqua  Section  of
    24  Lawrence Farms, Town of New Castle, Westchester County, New York", dated
    25  February  2,  1929  as  prepared by William A. Smith, Civil Engineer and
    26  filed in the Westchester  County  Clerk's  Office  -  Division  of  Land
    27  Records  on  April  29, 1929, as map No.  3424, said property being more
    28  particularly bounded and described as follows:
    29  BEGINNING at a point lying on the division line between the land now  or
    30  formerly of Agastya as described in Control Number 561673248 as filed in
    31  the Westchester County Clerk's Office - Division of Land records and the
    32  lands  of  the Town of New Castle as described in Liber 5061 Page 483 as
    33  filed in the Westchester County Clerk's Office, said  point  also  lying
    34  North 50 degrees 59 minutes 50 seconds West a distance of 197.8 feet +/-
    35  as measured along said division line from a point lying on the northerly
    36  side of North Way as shown on said filed map;
    37  RUNNING  THENCE  in  a  westerly  direction and along said division line
    38  North 50 degrees 59 minutes 50 seconds West a distance of 131.2' +/-  to
    39  the  most southwesterly corner of land of Agastya, said point also lying
    40  on the division line between the said lands  of  Agastya  and  the  said
    41  lands of the Town of New Castle;
    42  RUNNING  THENCE  in a northerly direction along said division line North
    43  43 degrees 12 minutes 10 seconds East a distance of 199.8  feet  +/-  to
    44  the  most  northwesterly  corner of the land of Agastya, said point also
    45  being the most southeasterly corner of the land now or formerly of Metz-
    46  ger;
    47  RUNNING THENCE in an easterly direction South 50 degrees 59  minutes  50
    48  seconds  East  along  said  division  line between Agastya and Metzger a
    49  distance of 122.8 feet +/- to a point;
    50  RUNNING THENCE over and across lands now  or  formerly  of  Agastya  the
    51  following courses and distances;
    52  South  26 degrees 31 minutes 40 seconds West a distance of 38.1 feet +/-
    53  to a point;
    54  South 44 degrees 06 minutes 20 seconds West a distance of 162.7 feet +/-
    55  to the point or place of beginning.
    56  Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.

        S. 6046                             3

     1    § 5. In the  event  that  the  fair  market  value  of  the  parklands
     2  described  in  section  four of this act to be dedicated as parklands by
     3  the town of New Castle pursuant to this act are not equal to or  greater
     4  than the fair market value of the parklands to be alienated as described
     5  in  section three of this act, the town of New Castle shall dedicate the
     6  difference of the fair market value of the lands to be alienated and the
     7  lands to be dedicated for the acquisition of additional parklands and/or
     8  capital improvements to existing park and recreational facilities.
     9    § 6. In the event that the town of New  Castle  received  any  funding
    10  support  or  assistance  from  the  federal government for the purchase,
    11  maintenance or improvement of the parklands set forth in  section  three
    12  of  this act, the discontinuance and alienation of such parkland author-
    13  ized by the provisions of this act shall not occur until the town of New
    14  Castle has complied with any  federal  requirements  pertaining  to  the
    15  alienation  or  conversion of parklands, including satisfying the secre-
    16  tary of the interior that the alienation or conversion complies with all
    17  conditions which the secretary of the interior deems necessary to assure
    18  the substitution of other lands shall be equivalent in fair market value
    19  and usefulness to the lands being alienated or converted.
    20    § 7. This act shall take effect immediately.
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