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S05315 Summary:

BILL NOS05315A
 
SAME ASSAME AS A07136-A
 
SPONSORMURPHY
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the town of Yorktown, in the county of Westchester, to alienate certain parklands and to dedicate certain other lands as parklands.
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S05315 Actions:

BILL NOS05315A
 
03/21/2017REFERRED TO LOCAL GOVERNMENT
04/25/20171ST REPORT CAL.580
04/26/20172ND REPORT CAL.
05/01/2017ADVANCED TO THIRD READING
05/22/2017AMENDED ON THIRD READING 5315A
06/14/2017HOME RULE REQUEST
06/14/2017PASSED SENATE
06/14/2017DELIVERED TO ASSEMBLY
06/14/2017referred to local governments
06/20/2017substituted for a7136a
06/20/2017ordered to third reading rules cal.496
06/20/2017home rule request
06/20/2017passed assembly
06/20/2017returned to senate
07/13/2017DELIVERED TO GOVERNOR
07/25/2017SIGNED CHAP.136
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S05315 Memo:

Memo not available
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S05315 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5315--A
            Cal. No. 580
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     March 21, 2017
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT to authorize the town of Yorktown, in the county of Westchester,
          to alienate certain parklands and to dedicate 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 York-
     2  town, in the county of Westchester, is hereby authorized to  discontinue
     3  and  alienate  as  parkland  the lands described in section four of this
     4  act.
     5     § 2. Notwithstanding the failure of the town of Yorktown to seek  and
     6  receive  state  legislative  authorization  to  alienate  the  parklands
     7  described in section four of this act  prior  to  such  parklands  being
     8  alienated,  such alienation is hereby validated, legalized, ratified and
     9  confirmed.
    10     § 3. The authorization provided in section one of this act  shall  be
    11  effective  only  upon the condition that the town of Yorktown, dedicates
    12  the lands described in section five of this act as parkland:
    13    § 4. The parklands authorized by section one of this act to be  alien-
    14  ated are described as follows:
    15    All  that certain plot, piece or parcel of land, being in the Incorpo-
    16  rated Town of Yorktown, County of Westchester and  State  of  New  York,
    17  bounded and described as follows:
    18    STARTING  on  the south side of Route No. 6 (Peekskill five mile turn-
    19  pike), at its intersection with the center line Brook Outlet of  Mohegan
    20  Lake.
    21    THENCE  along  said  south  side of Route No. 6, North 48°02'40" East,
    22  219.83 feet
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08784-03-7

        S. 5315--A                          2
 
     1    To the point or place of BEGINNING.
     2    THENCE  southerly  at  right angle with the south side of Route No. 6,
     3  South 41°57'20" East, 91.72 feet;
     4    THENCE North 22°58'22" East, 15.30'
     5    THENCE North 32°02'53" West, 24.875',
     6    THENCE North 33°19'13" East, 98.00',
     7    THENCE North 37°06'46" West, 24.31'
     8    THENCE South 54°11'40" West, 64.81'
     9    THENCE South 48°02'40" West, 81.29' to the point or  place  of  BEGIN-
    10  NING; containing 6227.31 square feet or .14 acres, more or less.
    11    §  5.  Prior  to  the  discontinuance  and  alienation of the parkland
    12  described in section four of this act, the town of Yorktown shall  dedi-
    13  cate as parkland such land described as follows:
    14    All  that certain plot, piece or parcel of land situate, lying a being
    15  in the incorporated Town of Yorktown, County of Westchester and State of
    16  New York bounded and described as follows:
    17    BEGINNING on the south side of Route No.6 (Peekskill five  mile  turn-
    18  pike),  at its intersection with the center line Brook Outlet of Mohegan
    19  Lake;
    20    THENCE South 44°09'29" East, 69.52 feet;
    21    THENCE South 13°20'00" East, 49.07 feet;
    22    THENCE South 32°46'58" East, 27.81 feet;
    23    THENCE North 48°02'40" East, 108.00 feet;
    24    THENCE North 65°37'00" West, 65.00 feet;
    25    THENCE South 75°17'41" West, 55.70 feet;
    26    THENCE North 44°09'29" West, 55.00 feet;
    27    THENCE South 48°02'40" West, 5.01 feet to the point or place of BEGIN-
    28  NING; containing 6227.03 square feet or .14 acres, more or less.
    29    § 6. In the  event  that  the  fair  market  value  of  the  parklands
    30  described  in  section  five  of this act to be dedicated by the town of
    31  Yorktown pursuant to this act are not equal to or greater than the  fair
    32  market  value  of  the  parklands  described in section four of this act
    33  being alienated, the town of Yorktown shall dedicate the  difference  of
    34  the  fair  market value of the lands to be alienated and the lands to be
    35  dedicated for the acquisition of  additional  parklands  and/or  capital
    36  improvements to existing park and recreational facilities.
    37    § 7. If the parkland being alienated pursuant to this act has received
    38  funding  pursuant  to  the federal land and water conservation fund, the
    39  discontinuance of parkland authorized by  the  provisions  of  this  act
    40  shall not occur until the town of Yorktown has complied with the federal
    41  requirements pertaining to the conversion of parklands, including satis-
    42  fying the federal secretary of the interior that the discontinuance will
    43  include  all conditions which such secretary of interior deems necessary
    44  to assure the substitution of other lands shall be  equivalent  in  fair
    45  market  value  and recreational usefulness to the lands being discontin-
    46  ued.
    47    § 8. This act shall take effect immediately.
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