senate Bill S4653A

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

download pdf

Sponsor

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6946B
Versions:
S4653
S4653A
S4653B
Legislative Cycle:
2013-2014
Law Section:
Parks

Sponsor Memo

BILL NUMBER:S4653A

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 six 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: This act shall take effect immediately.

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

                                 4653--A

                       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
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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, 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 that has never been used as parkland and  which
is  of  equal or greater fair market value to the parkland to be discon-
tinued and dedicates such land as parkland, as described in section four
of this act.
  S 3. The lands authorized by this act to be discontinued  as  parkland
are  six  parcels of parkland in the town of Greenburgh, county of West-
chester, described 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09780-07-3

S. 4653--A                          2

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;
  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;

S. 4653--A                          3

  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
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.
                                 PARCEL E
  Containing an area of 6,290 square feet or 0.144 acres more or less.
  BEGINNING at a point in the existing southerly  right-of-way  line  of
Jackson Avenue (variable width right-of-way) having New York State Plane
Coordinate  System  (East) values N785943.3098, E672924.0502, said point
being distant 30.77 feet at a right angle from Station 17+83.36  on  the
proposed  centerline  of  Jackson  Avenue,  said  point  also  being the
northeasterly corner of Lot 5, Block 389, Section  8.570,  and  running,
thence;
  1.  Along  the easterly line of Lot 5, South 21°22'02" West a distance
of 14.84 feet to a point, thence;
  2. Along the proposed southerly right-of-way line of  Jackson  Avenue,
South 80°25'17" West a distance of 227.05 feet to a point in the wester-
ly line of Lot 5, thence;
  3.  Along said westerly line of Lot 5, North 48°22'18" West a distance
of 30.49 feet to a point at the northwesterly corner of Lot 5, thence;
  4. Along the existing southerly right-of-way line of  Jackson  Avenue,
North  82°54'42"  East  a distance of 254.02 feet to the POINT OF BEGIN-
NING.
  Containing an area of 4,356 square feet or 0.100 acres more or less.
                                 PARCEL F
  BEGINNING at a point having New York  State  Plane  Coordinate  System
(East)  values  N785929.4871,  E672918.6423,  said point being an inter-
section of the easterly line of Lot 5, Block 389, Section 8.570 with the
proposed southerly right-of-way line on Jackson Avenue  (variable  width
right-of-way), said point being distant 43.50 feet at a right angle from
Station 17+75.73 on the proposed centerline of Jackson Avenue, thence;
  1.  Along said easterly line of Lot 5, South 21°22'02" West a distance
of 11.00 feet to a point, thence;
  2. North 44°28'52" West a distance of 11.51 feet to  a  point  in  the
proposed southerly right-of-way line of Jackson Avenue, thence;
  3.   Along  said  the  proposed  southerly  right-of-way  line,  North
80°25'17" East a distance of 12.24 feet to the POINT OF BEGINNING.
  Containing an area of 58 square feet of 0.001 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 a parcel
to be acquired from the town of Greenburgh and designated by the  county
of Westchester as parkland and is described as follows:
  ALL that certain piece or parcel of property, situate, lying and being
located  in  the town of Greenburgh, county of Westchester, state of New
York and being more particularly bounded and described as follows:

S. 4653--A                          4

  BEGINNING at a point formed by the division line between property  now
or  formerly  River  Towns Estates, LLC (7.00-142-3) and property now or
formerly Holy Spirit Association (1.200-120-2) at the site of a monument
at the southeast corner of said  Holy  Spirit  Association,  said  point
being the POINT OF BEGINNING;
  thence  along the division line between property now or formerly River
Towns Estates, LLC (7.00-142-3) and property now  or  formerly  Town  of
Greenburgh/County   of  Westchester  (7.300-142-4),  S.  75°05'14"E.,  a
distance of 59.52 feet;
  thence over and across property now or formerly River  Towns  Estates,
LLC (7.00-142-3), S. 25°51'26"W., a distance of 151.63 feet;
  thence N. 75°28'14"W., a distance of 388.30 feet;
  thence  N. 25°51'26"E., a distance of 155.00 feet to the division line
between property now or formerly River Towns Estates,  LLC  (7.00-142-3)
and property now or formerly Holy Spirit Association (1.200-120-2);
  thence  along said division line, S. 74°16'54"E., a distance of 139.88
feet;
  thence S. 75°28'14"E., a distance of 188.27 feet  to  the  site  of  a
monument  at southeast corner of said Holy Spirit Association, the point
and place of BEGINNING.
  Containing 58,079 square feet or 1.3333 acres, more or less.
  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 difference in
fair market value.
  S 6. If the parkland that is the subject  of  this  act  has  received
funding  pursuant  to  the federal land and water conservation fund, the
discontinuance of parkland authorized by  the  provisions  of  this  act
shall  not  occur  until  the municipality has complied with the federal
requirements pertaining to the conversion of parklands, including satis-
fying the secretary of the interior that  the  discontinuance  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 discontinued.
  S 7. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.