senate Bill S4653B

Signed By Governor
2013-2014 Legislative Session

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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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.370
Sep 17, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
home rule request
home rule request
ordered to third reading rules cal.637
substituted for a6946c
Jun 20, 2013 referred to ways and means
delivered to assembly
passed senate
home rule request
Jun 18, 2013 ordered to third reading cal.1440
committee discharged and committed to rules
Jun 10, 2013 print number 4653b
amend and recommit to finance
Jun 04, 2013 print number 4653a
amend and recommit to finance
Jun 04, 2013 reported and committed to finance
Apr 17, 2013 referred to local government

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4653 - Bill Details

See Assembly Version of this Bill:
A6946C
Law Section:
Parks

S4653 - Bill Texts

view 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.

view 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.

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                    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.

S4653A - Bill Details

See Assembly Version of this Bill:
A6946C
Law Section:
Parks

S4653A - Bill Texts

view 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.

view 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.

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                    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.

S4653B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6946C
Law Section:
Parks

S4653B (ACTIVE) - Bill Texts

view 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 NUMBER:S4653B

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 six parcels of lands authorized to be
temporarily alienated for construction purposes and returned to use
as parkland after construction.

Section Five describes the replacement land to be acquired from the
Town of Greenburgh and dedicated by the county of Westchester as
parkland.

Section Six 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 such differences in fair market
value.

Section Seven 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.

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

                                 4653--B

                       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  --  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  facilitating  proposed  roadway  safety  improvements,
including  the  straightening and widening of Jackson Avenue in the town
of Greenburgh from the entrance of Sprain Ridge Park and moving east  to
the intersection of North Sprain Road, and the installation of a traffic
signal  along  with a realignment of the intersection into a T-intersec-
tion at Jackson Avenue and North Sprain Road. The  improvements  involve
1.336  acres  of  parkland. As specified in section three of this act, a
total of 0.612 acres of parkland, entailing four parcels, will be alien-
ated for future rights-of-way (row) for  such  roadway  safety  improve-
ments.  As specified in section four of this act, a total of 0.724 acres
of parkland, entailing six parcels, will be  temporarily  alienated  for
construction  purposes  and  the county of Westchester shall ensure that
the surface of the lands are  restored  and  returned  to  its  previous
condition for continued use as parkland after construction is completed.
  S  2.  The  authorization provided in section one of this act shall be
effective only  upon  the  condition  that  the  county  of  Westchester

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09780-12-3

S. 4653--B                          2

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 five
of this act.
  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, described as follows:
                        PARCEL A (ROW takings 1)
  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 N785259.4100, E671946.2847,  said  point
being  distant  20.70  feet  at  a  right angle from Station 5+25 in the
proposed centerline on said Jackson Avenue, said point being the follow-
ing two (2) courses from the southerly  corner  of  Lot  2,  Block  389,
Section 8.570,
  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 15.47 feet to the point and
place of beginning, thence, the following nine  (9)  courses  along  the
existing southerly right-of-way line of Jackson Avenue;
  1. North 40°19'42" East a distance of 22.45 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 five (5) courses along the proposed southerly right-of-way
line of Jackson Avenue;
  10. South 42°21'46" West a distance of 186.49 feet to a point, thence;
  11. South 31°19'43" West a distance of 101.88 feet to a point, thence;
  12. North 47°38'14" West a distance of 19.50 feet to a point, thence;
  13. South 42°21'46" West a distance of 225.00 feet to a point, thence;
  14. North 47°38'14" West a distance of  1.80  feet  to  the  POINT  OF
BEGINNING.
  Containing an area of 8,777 square feet or 0.201 acres more or less.
                        PARCEL B (ROW takings 2)
  BEGINNING  at  a  point  having New York State Plane Coordinate System
(East) values N785925.3482, E672656.9069, said point being at the inter-
section of the northerly terminus of the easterly line of Lot  2,  Block
389,  Section  8.570  with  the  existing southerly right-of-way line of
Jackson Avenue (variable width right-of-way), said point  being  distant
2.95 feet at a right angle from Station 15+16.74 on the proposed center-
line of said Jackson Avenue, and running thence;
  1.  Along said easterly line of Lot 2, South 48°22'18" East a distance
of 46.28 feet to a point, thence, the following three (3) courses  along
the proposed southerly right-of-way line of Jackson Avenue;
  2.  Along  South  78°53'45"  West a distance of 42.22 feet to a point,
thence;
  3. North 14°58'53" West a distance of 6.66 feet to a point, thence;
  4. On a curve to the left having a  radius  of  517.50  feet,  an  arc
length  of  244.24  feet  whose chord bears South 63°09'42" West a chord
distance of 241.98 feet to a point at the existing  southerly  right-of-
way  line of Jackson Avenue, thence, the following six (6) courses along
said existing southerly right-of-way line of Jackson Avenue;

S. 4653--B                          3

  5. North 39°33'22" East a distance of 19.68 feet to a point, thence;
  6. North 43°48'42" East a distance of 50.09 feet to a point, thence;
  7. North 46°13'22" East a distance of 56.01 feet to a point, thence;
  8. North 55°00'42" East a distance of 44.41 feet to a point, thence;
  9. North 71°24'42" East a distance of 42.05 feet to a point, thence;
  10.  North  78°06'32"  East  a  distance of 61.90 feet to the POINT OF
BEGINNING.
  Containing an area of 6,562 square feet or 0.151 acres more or less.
                        PARCEL C (ROW takings 3)
  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 N785949.0839, E672926.3092, said point
being distant 25.45 feet at a right angle from Station 17+86.55  on  the
proposed  centerline  of  Jackson  Avenue,  said  point  also  being the
northwesterly corner of Lot 2, Block  389,  Section  8.570  and  running
thence  the  following  three (3) 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 355.74 feet to a point, thence;
  3. South 73°46'54" East a distance of 108.05 feet to a  point,  thence
the following twelve (12) courses along the proposed southerly right-of-
way line of Jackson Avenue;
  4. North 82°55'52" West a distance of 23.38 feet to a point, thence;
  5. North 75°23'36" West a distance of 22.91 feet to a point, thence;
  6. North 81°52'04" West a distance of 45.77 feet to a point, thence;
  7. North 87°11'02" West a distance of 45.58 feet to a point, thence;
  8. North 84°58'28" West a distance of 45.81 feet to a point, thence;
  9. South 85°57'37" West a distance of 45.87 feet to a point, thence;
  10. South 62°40'56" West a distance of 35.42 feet to a point, thence;
  11. South 80°25'17" West a distance of 50.00 feet to a point, thence;
  12. North 09°34'43" West a distance of 4.00 feet to a point, thence;
  13. South 80°25'17" West a distance of 115.00 feet to a point, thence;
  14. South 82°42'44" West a distance of 50.04 feet to a point, thence;
  15.  North  86°48'38"  West a distance of 24.89 feet to a point in the
westerly line of Lot 2 thence;
  16. Along said westerly line of Lot 2, North 21°22'02" East a distance
of 21.04 feet to the POINT OF BEGINNING.
  Containing an area of 6,979 square feet or 0.160 acres more or less.
                        PARCEL D (ROW takings 4)
  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.

S. 4653--B                          4

  Containing an area of 4,356 square feet or 0.100 acres more or less.
  S  4. The lands authorized by this act to be temporarily alienated for
construction purposes and returned to use as parkland after construction
are six parcels of parkland in the town of Greenburgh, county  of  West-
chester, described as follows:
                       PARCEL A (Slope easement 1)
  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 N785240.7278, E671929.7975,  said  point
being  distant  21.11  feet  at  a  right angle from Station 5+09 in the
proposed centerline of said Jackson Avenue, said point also being  North
43°13'42" East a distance of 24.37 feet from the southerly corner of Lot
2,  Block  389, Section 8.570 and running, thence, the following two (2)
courses along said southerly right-of-way;
  1. North 43°13'42" East a distance of 9.46 feet to a point, thence;
  2. North 40°19'42" East a distance of 15.47 feet to  a  point  in  the
proposed southerly right-of-way line of Jackson Ave, thence, the follow-
ing  two  (2) courses along said proposed southerly right-of-way line of
Jackson Ave;
  3. South 47°38'14" East a distance of 1.80 feet to a point, thence;
  4. North 42°21'46" East a distance of 60.64 feet to a point of  begin-
ning of a curve, thence;
  5.  On  a  curve  to  the  right having a radius of 30.00 feet, an arc
length of 29.44 feet, whose chord bears South  73°55'16"  East  a  chord
distance of 28.28 feet to a point, thence;
  6. South 46°56'13" West a distance of 48.31 feet to a point, thence;
  7.  South  67°00'11"  West  a  distance  of 54.91 feet to the POINT OF
BEGINNING.
  Containing an area of 1,575 square feet or 0.036 acres more or less.
                       PARCEL B (Slope easement 2)
  BEGINNING at a point in the proposed southerly  right-of-way  line  of
Jackson Avenue (variable width right-of-way) having New York State Plane
Coordinate  System  (East) values N785332.4530, E672015.3325, said point
being distant 22.50 feet at a right angle from Station  6+25.50  in  the
proposed  centerline  of  said  Jackson Avenue, and running, thence, the
following two (2) courses along said southerly right-of-way;
  1. North 42°21'46" East a distance of 124.50 feet to a point, thence;
  2. South 47°38'14" East a distance of 11.50 feet to a point, thence;
  3. South 42°21'46" West a distance of 50.00 feet to a point, thence;
  4. South 40°04'20" West a distance of 50.04 feet to a point, thence;
  5. South 22°06'39" West a distance of 34.73 feet to a point of  begin-
ning of a curve, thence;
  6.  On  a  curve  to  the  right having a radius of 40.00 feet, an arc
length of 27.30 feet, whose chord bears North  30°04'02"  West  a  chord
distance of 26.77 feet to the POINT OF BEGINNING.
  Containing an area of 1,774 square feet or 0.041 acres more or less.
                       PARCEL C (Slope easement 3)
  BEGINNING  at  a  point  having New York State Plane Coordinate System
(East) values N785894.6016, E672691.5033, said  point  being  an  inter-
section of the easterly line of Lot 2, Block 389, Section 8.570 with the
proposed  southerly  right-of-way line of Jackson Avenue (variable width
right-of-way), said point being distant 40.08 feet at a right angle from
Station 5+45.55 in the proposed centerline of said  Jackson  Avenue  and
running,  thence,  the following two (2) courses along said easterly lot
line;
  1. South 48°22'18" East a distance of 18.68 feet to a point, thence;

S. 4653--B                          5

  2. South 40°32'58" East a distance of 50.91 feet to a point, thence;
  3. South 87°43'04" West a distance of 33.97 feet to a point, thence;
  4. South 70°44'02" West a distance of 41.35 feet to a point, thence;
  5. South 79°18'12" West a distance of 41.35 feet to a point, thence;
  6. South 89°02'35" West a distance of 45.37 feet to a point, thence;
  7. South 79°34'37" West a distance of 45.70 feet to a point, thence;
  8. South 77°08'47" West a distance of 48.04 feet to a point, thence;
  9. South 54°53'17" West a distance of 45.96 feet to a point, thence;
  10. South 45°50'30" West a distance of 46.00 feet to a point, thence;
  11. South 33°13'12" West a distance of 50.02 feet to a point, thence;
  12. South 26°43'14" West a distance of 51.92 feet to a point, thence;
  13. South 35°31'12" West a distance of 25.18 feet to a point, thence;
  14. South 49°12'20" West a distance of 25.18 feet to a point, thence;
  15. South 53°40'22" West a distance of 50.99 feet to a point, thence;
  16. South 58°00'18" West a distance of 51.92 feet to a point, thence;
  17. South 50°19'57" West a distance of 50.49 feet to a point, thence;
  18. South 51°27'11" West a distance of 50.64 feet to a point, thence;
  19.  South  36°56'10"  West a distance of 35.16 feet to a point in the
proposed southerly right-of-way line  of  Jackson  Avenue;  thence,  the
following  two  (2)  courses  along said proposed southerly right-of-way
line of Jackson Avenue;
  20. North 31°19'43" East a distance of 35.66 feet to a point, thence;
  21. North 42°21'46" East a distance of  186.49  feet  to  a  point  in
existing  southerly  right-of-way  line  of  Jackson Avenue, thence, the
following three (3) courses along  said  right-of-way  line  of  Jackson
Avenue;
  22. North 56°34'22" East a distance of 22.87 feet to a point, thence;
  23. North 43°48'42" East a distance of 100.18 feet to a point, thence;
  24.  North 39°33'22" East a distance of 81.23 feet to a point, thence,
the following three (3) courses along the proposed  southerly  right-of-
way line of Jackson Avenue;
  25.  On  a  curve  to the right having a radius of 517.50 feet, an arc
length of 244.24 feet, whose chord bears North 63°09'42"  East  a  chord
distance of 241.98 feet, thence;
  26. South 14°58'53" East a distance of 6.66 feet to a point, thence;
  27.  North  78°53'45"  East  a  distance of 42.22 feet to the POINT OF
BEGINNING.
  Containing an area of 22,051 square feet or 0.506 acres more or less.
                       PARCEL D (Slope easement 4)
  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 westerly line of Lot 2, Block 389, Section 8.570 with the
proposed southerly right-of-way line of 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,  and
running thence the following four (4) courses along said proposed south-
erly right-of-way line;
  1. South 86°48'38" East a distance of 24.89 feet to a point, thence;
  2. North 82°42'44" East a distance of 50.04 feet to a point, thence;
  3. North 80°25'17" East a distance of 115.00 feet to a point, thence;
  4. South 09°34'43" East a distance of 4.00 feet to a point, thence;
  5. South 41°45'42" West a distance of 19.21 feet to a point, thence;
  6. South 75°50'51" West a distance of 100.32 feet to a point, thence;
  7. South 86°07'56" West a distance of 50.25 feet to a point, thence;
  8. North 77°46'38" West a distance of 26.93 feet to a point, thence;

S. 4653--B                          6

  9.  North  44°28'52" West a distance of 8.61 feet to a point along the
westerly line of Lot 2, thence;
  10.  Along  said  westerly  line  of  Lot 2, North 21°22'02'02" East a
distance of 11.00 feet to the POINT OF BEGINNING.
  Containing an area of 3,783 square feet or 0.087 acres more or less.
                       Parcel E (Slope easement 5)
  BEGINNING at a point in the proposed southerly  right-of-way  line  of
Jackson Avenue (variable width right-of-way) having New York State Plane
Coordinate  System  (East) values N785974.2174, E673187.9618, said point
being 44.00 feet at a right angle from Station  20+50  in  the  proposed
centerline  of  said  Jackson Avenue, and running, thence, the following
five (5) courses along said proposed southerly right-of-way line;
  1. North 85°57'37" East a distance of 45.87 feet to a point, thence;
  2. South 84°58'28" East a distance of 45.81 feet to a point, thence;
  3. South 87°11'02" East a distance of 45.58 feet to a point, thence;
  4. South 81°52'04" East a distance of 45.77 feet to a point, thence;
  5. South 75°23'36" East a distance of 22.91 feet to a point, thence;
  6. South 82°55'52" East a distance of 23.38 feet to  a  point  in  the
existing  southerly  right-of-way  line  of  Jackson  Avenue, thence the
following two (2) courses along  said  southerly  right-of-way  line  of
Jackson Avenue;
  7. South 73°46'54" East a distance of 13.99 feet to a point, thence;
  8. South 55°08'31" East a distance of 8.89 feet to a point, thence;
  9. North 74°31'38" West a distance of 22.55 feet to a point, thence;
  10. South 89°56'33" West a distance of 47.13 feet to a point, thence;
  11. North 84°29'46" West a distance of 44.70 feet to a point, thence;
  12. North 88°33'07" West a distance of 44.30 feet to a point, thence;
  13. North 76°07'40" West a distance of 45.90 feet to a point, thence;
  14. North  84°06'33"  West  a  distance  of 46.37 feet to the POINT OF
BEGINNING.
  Containing an area of 2,306 square feet or 0.053 acres more or less.
                       Parcel F (Slope easement 6)
  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 or 0.001 acres more or less.
  S 5. 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:
  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

S. 4653--B                          7

being  the  point  of  BEGINNING, said point also being distant 4,799.60
feet as measured on a tie-course of N.  78°34'58"  E.  from  a  concrete
monument  in the ground located on the division line between Common Area
and property of the Old Croton Aqueduct, said monument is distant 179.06
feet  and measured on a course of N. 49°02'03" E. from the easterly side
of South Broadway as shown on County Clerk Map No. 28643;
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/State of  New  York  (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 monu-
ment 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  6.  In the event that the replacement land to be acquired and dedi-
cated as parkland, described in section five 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  7.  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 8. This act shall take effect immediately.

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