Bill Text: NY S06553 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6553--A

                               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

        AN ACT to authorize the town of  Yorktown,  county  of  Westchester,  to
          alienate and discontinue the use of certain parklands

          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,  county  of  Westchester,  acting by and through its governing
     3  body, and upon such terms and conditions as determined by such body,  is
     4  hereby  authorized  to discontinue as parklands and lease at fair market
     5  value to HESP Solar LLC for a term not to exceed 25 years the lands more
     6  particularly described in section two of this act  for  the  purpose  of
     7  constructing a solar facility and electric vehicle charging stations.
     8    (b)  All proceeds from such lease shall be used for acquisition of new
     9  parklands and/or towards  capital  improvements  to  existing  park  and
    10  recreational facilities.
    11    § 2. The parklands authorized by section one of this act to be discon-
    12  tinued as parklands and leased are described as follows:
    13    BEGINNING  at  a  point starting at X: 674978.43, Y: 901697.76, thence
    14  running South 3 degrees 00' 48" East 211.71', thence  running  South  88
    15  degrees 04' 26" West 273.40', thence running North 1 degree 55' 34" West
    16  206.56',  then  running  North  86  degrees 59' 10" East 269.44', to the
    17  point of beginning; and
    18    BEGINNING at a point starting at X: 674645.87,  Y:  901474.68,  thence
    19  running  South  6  degrees 25' 49" East 477.31', thence running South 83
    20  degrees 20' 52" West 135.95, thence running North 6 degrees 37' 56" West
    21  477.83, thence running North 83 degrees 33' 55" E 137.64', to the  point
    22  of beginning; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11227-02-1

        S. 6553--A                          2

     1    BEGINNING  at  a  point starting at X: 674639.18, Y: 901680.73, thence
     2  running North 6 degrees 46' 40" West 141.06', thence  running  North  83
     3  degrees 13' 25" East 64.00', thence running South 6 degrees 46' 40" East
     4  141.06',  thence  running  South  83  degrees 13' 25" West 64.0', to the
     5  point of beginning.
     6    Total acreage is 3.01.
     7    § 3. Should the lands described in section two of this act cease to be
     8  used  for  the  purpose  described in section one of this act, the lease
     9  shall terminate and the lands, along with any improvements made thereto,
    10  shall revert to the town of Yorktown for public  park  and  recreational
    11  purposes.
    12    §  4.  In  the  event  that  the town of Yorktown received any funding
    13  support or assistance from the  federal  government  for  the  purchase,
    14  maintenance  or improvement of the parklands set forth in section two of
    15  this act, the discontinuance and alienation of such parkland  authorized
    16  by the provisions of this act shall not occur until the town of Yorktown
    17  has  complied with any federal requirements pertaining to the alienation
    18  or conversion of parklands, including satisfying the  secretary  of  the
    19  interior  that the alienation or conversion complies with all conditions
    20  which the secretary of  the  interior  deems  necessary  to  assure  the
    21  substitution of other lands shall be equivalent in fair market value and
    22  usefulness to the lands being alienated or converted.
    23    § 5. This act shall take effect immediately.
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