senate Bill S4653

Signed by Governor Amended

Authorizes the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 17 / Apr / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 04 / Jun / 2013
    • PRINT NUMBER 4653A
  • 10 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Jun / 2013
    • PRINT NUMBER 4653B
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1440
  • 20 / Jun / 2013
    • HOME RULE REQUEST
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A6946C
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.637
  • 21 / Jun / 2013
    • HOME RULE REQUEST
  • 21 / Jun / 2013
    • HOME RULE REQUEST
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.370

Summary

Authorizes the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue.

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Bill Details

Versions:
S4653
S4653A
S4653B
Legislative Cycle:
2013-2014
Law Section:
Parks

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S4653

TITLE OF BILL: An act to authorize the county of Westchester to
discontinue the use as parkland of parcels of real property in the
town of Greenburgh for the purposes of completing certain proposed
improvements to Jackson Avenue

PURPOSE:

To authorize the Westchester County Legislature to discontinue the use
as parklands certain parcels presently dedicated for parkland along
Jackson Avenue from the entrance of Sprain Ridge Park west to the
intersection of North Sprain Road to make traffic improvements.

SUMMARY OF SPECIFIC PROVISIONS:

Section one authorizes the Westchester County Legislature to
discontinue the use as parklands certain lands dedicated as parkland
for the purpose of making improvements including the straightening and
widening of Jackson Avenue in the Town of Greenburgh, installation of
a traffic signal and the realignment of the intersection into a
T-intersection at Jackson Avenue and North Sprain Road.

Section Two provides that the authorization provided in section one of
the act will only be effective on the condition that the county of
Westchester acquires additional land and dedicates the land as
parkland.

Section Three provides a legal description of the four parcels to be
discontinued.

Section Four describes the replacement land to be acquired and
dedicated by the county of Westchester as parkland as a parcel
consisting of one acre from the Town of Greenburgh.

Section Five provides that in the event that the replacement land to
be acquired and dedicated as parkland is not equal to or greater than
fair market value of the parklands to be alienated the county shall
acquire and dedicate additional land for parkland and/or cause funds
to be made available for capital improvements to its existing park and
recreational facilities to equal fair market value.

Section Six provides that the discontinuance and conveyance of the
parkland shall not occur until the county of Westchester has compiled
with any federal requirements pertaining to the lands including
compliance with any conditions imposed by the secretary of the
interior.

JUSTIFICATION:

This legislation is necessary to allow Westchester County to make
traffic improvements to Jackson Avenue from the entrance of Sprain
Ridge Park to North Sprain Road. The proposed improvements include the
installation of a traffic signal along a realignment of the
intersection to a typical T-intersection at Jackson Avenue and North
Sprain Road. There have been two deaths that occurred at the
intersection and over eighty accidents along this section of Jackson


Avenue roadway over the last three years. The project also includes
storm water and drainage improvements along Jackson Avenue in the Town
of Greenburgh as part of the Sprain-Jackson Drainage District.

LEGISLATIVE HISTORY:

New Bill - 2013

FISCAL IMPLICATIONS:

Undetermined at this time.

EFFECTIVE DATE:

is act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4653

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

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

AN ACT to authorize the county of Westchester to discontinue the use  as
  parkland of parcels of real property in the town of Greenburgh for the
  purposes of completing certain proposed improvements to Jackson Avenue

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subject to the provisions of this act, and  notwithstanding
any  provision of any general, special or local law, the county of West-
chester is hereby authorized to discontinue the  use  as  parklands  and
alienate  the parcels of land described in section three of this act for
the purpose of making proposed improvements, including the straightening
and widening of Jackson Avenue  in  the  town  of  Greenburgh  from  the
entrance  of  Sprain  Ridge  Park and moving west to the intersection of
North Sprain Road, and the installation of a traffic signal along with a
realignment of the intersection into a T-intersection at Jackson  Avenue
and North Sprain Road.
  S  2.  The  authorization provided in section one of this act shall be
effective only  upon  the  condition  that  the  county  of  Westchester
acquires additional land and dedicates such land as parkland.
  S  3.  The lands authorized by this act to be discontinued as parkland
are four parcels of parkland in the town of Greenburgh, county of  West-
chester as follows:
                                 PARCEL A
  BEGINNING  at  a  point in the existing southerly right-of-way line of
Jackson Avenue (variable  width  right-of-way),  said  point  being  the
intersection  of  the  westerly  line of Lot 2, Block 389, Section 8.570
with said southerly right-of-way, and running thence, the following  two
(2) courses along said southerly right-of-way;
  1. North 73°10'02" East a distance of 32.23 feet to a point, thence;
  2. North 85°30'49" East a distance of 136.53 feet to a point, thence;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09780-01-3

S. 4653                             2

  3.  Along  the  proposed southerly right-of-way line of Jackson Avenue
South 80°25'17" West a distance of 172.79 feet to a point, thence;
  4.  Along  the  westerly  line  of  said Lot 2, North 21°22'02" East a
distance of 9.38 feet to the POINT OF BEGINNING.
  Containing an area of 1,166 square feet or 0.027 acres more or less.
                                PARCEL B
  BEGINNING at a point in the existing southerly  right-of-way  line  of
Jackson  Avenue  (variable  width  right-of-way),  said  point being the
intersection of the westerly line of Lot 5,  Block  389,  Section  8.570
with said southerly right-of-way, and running thence;
  1.  Along  said  existing  right-of-way  line,  North 82°54'42" East a
distance of 254.02 feet to a point, thence;
  2. Along the easterly line of said  Lot  5,  South  21°22'02"  West  a
distance of 10.18 feet to a point, thence;
  3.  Along  the proposed southerly right-of-way line of Jackson Avenue,
South 80°25'17" West a distance of 232.66 feet to a point, thence;
  4. Along the westerly line of said  Lot  5,  North  48°22'18"  West  a
distance of 25.36 feet to the POINT OF BEGINNING.
  Containing an area of 3,436 square feet or 0.079 acres more or less.
                                PARCEL C
  BEGINNING  at  a  point in the existing southerly right-of-way line of
Jackson Avenue (variable  width  right-of-way),  said  point  being  the
following two (2) courses from the intersection of the southerly line of
Lot 2, Block 389, Section 8.570 with the said southerly right-of-way,
  a) North 43°13'42" East a distance of 33.83 feet to a point, thence;
  b)  North  40°19'42"  East  a  distance  of  14.92 feet to a point and
running, thence, the following  nine  (9)  courses  along  the  existing
southerly right-of-line of Jackson Avenue;
  1. North 40°19'42" East a distance of 23.00 feet to a point, thence;
  2. North 35°35'03" East a distance of 58.31 feet to a point, thence;
  3. North 20°05'42" East a distance of 25.32 feet to a point, thence;
  4. North 38°03'52" East a distance of 134.75 feet to a point, thence;
  5. North 51°52'12" East a distance of 58.69 feet to a point, thence;
  6. North 63°01'42" East a distance of 30.08 feet to a point, thence;
  7. North 38°42'42" East a distance of 86.37 feet to a point, thence;
  8. North 43°46'42" East a distance of 49.20 feet to a point, thence;
  9.  North  56°34'22" East a distance of 53.58 feet to a point, thence,
the following four (4) courses along the proposed southerly right-of-way
line of Jackson Avenue;
  10. South 42°21'46" West a distance of 409.64 feet to a point, thence;
  11. North 47°38'14" West a distance of 1.50 feet to a point, thence;
  12. South 42°21'46" West a distance of 101.85 feet to a point, thence;
  13. South 69°48'29" West a distance of  0.61  feet  to  the  POINT  of
BEGINNING.
  Containing an area of 7,649 square feet or 0.176 acres more or less.
                                PARCEL D
  BEGINNING  at  a  point in the existing southerly right-of-way line of
Jackson Avenue (variable  width  right-of-way),  said  point  being  the
intersection  of  the  easterly  line of Lot 2, Block 389, Section 8.570
with said southerly right-of-way, and running thence;
  1. Along said easterly line, South 48°22'18" East a distance of  40.38
feet  to  a  point,  thence,  the  following  two  (2) courses along the
proposed southerly right-of-way line of Jackson Avenue;
  2. North 79°11'16" West a distance of 5.74 feet to a point, thence;
  3. On a curve to the left having a  radius  of  517.50  feet,  an  arc
length  of  278.01  feet, whose chord bears South 65°01'53" West a chord

S. 4653                             3

distance of 274.68 feet to a point, thence, the following six (6) cours-
es along the existing southerly right-of-way of Jackson Avenue;
  4. North 39°33'22" East a distance of 19.68 feet to a point, thence;
  5. North 43°48'42" East a distance of 50.09 feet to a point, thence;
  6. North 46°13'22" East a distance of 56.01 feet to a point, thence;
  7. North 55°00'42" East a distance of 44.41 feet to a point, thence;
  8. North 71°24'42" East a distance of 42.05 feet to a point, thence;
  9.  North  78°06'32"  East  a  distance  of 61.90 feet to the POINT OF
BEGINNING.
  Containing an area of 6,290 square feet or 0.144 acres more or less.
  S 4. The replacement land to be acquired and dedicated by  the  county
of  Westchester to use as parkland for public park purposes is described
as a a parcel consisting of one acre from the town of Greenburgh  to  be
designed by the county of Westchester legislature as parkland.
  S  5.  In the event that the replacement land to be acquired and dedi-
cated as parkland, described in section four of this act, is  not  equal
to  or  greater than the fair market value of the parklands to be alien-
ated, as described in section three of this act, the county of Westches-
ter shall acquire and dedicate additional land for parkland and/or cause
funds to be made available for capital improvements to its existing park
and recreational facilities, as necessary, to  equal  such  fair  market
value.
  S  6.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the county  of  Westchester
has  complied with any federal requirements pertaining to the alienation
or conversion of parklands, including satisfying the  secretary  of  the
interior  that  the  conversion  complies  with all conditions which the
secretary of the interior deems necessary to assure the substitution  of
other  lands  shall  be equivalent in fair market value and recreational
usefulness to the lands being alienated or converted.
  S 7. This act shall take effect immediately.

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