NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10388A
SPONSOR: Byrne TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Authorizing the town of Southeast, county of Putnam; to alienate certain
lands used as parkland and to dedicate certain other lands as parklands
SUMMARY OF PROVISIONS:
Section 1: The town of Southeast, county of Putnam is authorized to
discontinue parkland described in section 3 and alienate it and convey
it to Proswing Sports Realty, INC. for the purpose of developing such
lands from being used for any other purpose other than recreation as may
be defined by the town of Southeast zoning code.
Section 2: This act shall be.effective only when the Proswing Sports
Realty, INC conveys to the town of Southeast described in section 4 and
the town of Southeast dedicated the lands as parklands, provided that
the town of Southeast has never used such lands for public open space or
park purposes.
Section 3: Metes and bounds description of the land to be alienated by
the town of Southeast, county of Putnam and conveyed to Proswing Sports
Realty, INC.
Section 4: Metes and bounds description of land to be.conveyed to the
town of Southeast, county of Putnam.
Section 5: In the event that the fair market value of the parklands
described in Section 4 that will be dedicated by the town of Southeast
is not equal to or greater than the fair market value of the parklands
being alienated as described in Section 3, the town of. Southeast shall
dedicate the difference towards the acquisition of new parklands and/or
towards capital improvements to existing park and recreational facili-
ties.
Section 6: Provides that if the town of Southeast receives federal fund-
ing for the purchase, maintenance or improvement of the parklands, the
discontinuance of parkland shall not occur until the town of Southeast
has complied with federal regulations.
Section 7: States effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable at this time.
JUSTIFICATION:
The Town Board of the Town of Southeast has requested Home Rule Legis-
lation to authorize the Town Board to .alienate a portion of town owned
parkland on Pugsley Road.The conveyance of the Pugsley Road site shall
be specifically conditioned upon such site being deed restricted to
prohibit the site from being used for any purpose other than Recreation
as may be defined by the Town of Southeast.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal Implications to the state or local governments asso-
ciated with the passage of this legislation.
EFFECTIVE DATE:
This act shall take effect immediately.
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.
