Bill Text: NY S06553 | 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 (Democrat 1-0)

Status: (Passed) 2021-08-02 - SIGNED CHAP.372 [S06553 Detail]

Download: New_York-2021-S06553-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6553--C
            Cal. No. 1103

                               2021-2022 Regular Sessions

                    IN SENATE

                                       May 5, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third  reading  --  again amended and ordered reprinted, retaining its
          place in the order of third reading

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11227-04-1
        S. 6553--C                          2

     1  206.56'; thence running North 86 degrees 59' 10" East  269.44',  to  the
     2  point of beginning. Total acreage of 1.303 acres.
     3                                  Parcel 2
     4    BEGINNING  at  a  point starting at X: 674645.87, Y: 901474.68; thence
     5  running South 6 degrees 25' 49" East 477.31'; thence  running  South  83
     6  degrees  20'  52"  West  135.95'; thence running North 6 degrees 37' 56"
     7  West 477.83; thence running North 83 degrees 33' 55" E 137.64',  to  the
     8  point of beginning. Total acreage of 1.50 acres.
     9                                  Parcel 3
    10    BEGINNING  at  a  point starting at X: 674639.18, Y: 901680.73; thence
    11  running North 6 degrees 46' 40" West 141.06'; thence  running  North  83
    12  degrees 13' 25" East 64.00'; thence running South 6 degrees 46' 40" East
    13  141.06';  thence  running  South  83  degrees 13' 25" West 64.0', to the
    14  point of beginning. Total acreage of 0.207 acres.
    15      Total acreage of parcels 1, 2 and 3 is approximately 3.01 acres.
    16    § 4. Should the lands described in section three of this act cease  to
    17  be used for the purposes described in section one of this act, the lease
    18  shall terminate and those lands shall revert to the town of Yorktown for
    19  public  park  and  recreational purposes. At the time of such reversion,
    20  the removal of any solar facilities and electric charging stations shall
    21  take place and the property shall be returned  to  its  previous  state,
    22  consistent with park and recreation purposes.
    23    §  5.  In  the  event  that the town of Yorktown received any funding,
    24  support or assistance from the  federal  government  for  the  purchase,
    25  maintenance  or  improvement of the parklands set forth in section three
    26  of this act, the discontinuance and alienation of such parkland  author-
    27  ized  by  the  provisions  of this act shall not occur until the town of
    28  Yorktown has complied with any federal requirements  pertaining  to  the
    29  alienation  or  conversion of parklands, including satisfying the secre-
    30  tary of the interior that the alienation or conversion complies with all
    31  conditions which the secretary of the interior deems necessary to assure
    32  the substitution of other lands shall be equivalent in fair market value
    33  and usefulness to the lands being alienated or converted.
    34    § 6. This act shall take effect immediately.