S T A T E O F N E W Y O R K
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8090--B
2017-2018 Regular Sessions
I N A S S E M B L Y
May 25, 2017
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend chapter 725 of the laws of 1984 relating to authorizing
the village of Mamaroneck, Westchester county, to sell and convey both
permanent and temporary easements in certain park lands to the county
of Westchester, for the purpose of construction, operation and mainte-
nance of a sanitary sewage pumping station, pipelines and outfall, in
relation to excepting certain lands as necessary for above-ground
appurtenances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 725 of the laws of 1984 relating to authorizing the
village of Mamaroneck, Westchester county, to sell and convey both
permanent and temporary easements in certain park lands to the county of
Westchester, for the purpose of construction, operation and maintenance
of a sanitary sewage pumping station, pipelines and outfall is amended
to read as follows:
Section 1. Notwithstanding any other provision of law to the contrary,
the village of Mamaroneck, Westchester county, ACTING THROUGH ITS BOARD
OF TRUSTEES is hereby authorized TO DISCONTINUE AS PARKLANDS AND ALIEN-
ATE AND to sell and convey, SUBJECT TO THE PROVISIONS OF THIS ACT for
such consideration and upon such terms and conditions as the village of
Mamaroneck may deem adequate and proper, permanent and temporary ease-
ments in the following described park lands to the county of Westchester
for the purpose of construction, RECONSTRUCTION, operation and mainte-
nance of a sanitary sewage pumping station, pipelines and outfall;
provided, however, that such sale or conveyance shall only be effected
upon the requirement that the surface of any such subject lands, EXCEPT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11814-04-7
A. 8090--B 2
ING SUCH LANDS AS ARE NECESSARY FOR ABOVE-GROUND APPURTENANCES, be
restored and continued to be used for park purposes.
PERMANENT AND TEMPORARY EASEMENTS:
GRAVITY SEWER
Twelve foot wide Permanent Easement together with fifty foot wide
Temporary Easement easterly or Orienta Avenue and Rushmore Avenue and
westerly of Mamaroneck Harbor (West Basin) from vicinity of Sylvan
Avenue to West Boston Post Road, a centerline distance of approximately
2,100 linear feet, all located in Harbor Island Park, Village of Mamaro-
neck, Westchester County, New York.
SANITARY SEWAGE PUMPING STATION
Permanent and Temporary Easements, southeasterly of the intersection
of Orienta Avenue and West Boston Post Road, approximately 1/4 acre in
size, located in Harbor Island Park, Village of Mamaroneck, Westchester
County, New York.
SEWAGE FORCE MAIN
Twelve foot wide Permanent Easement together with fifty foot wide
Temporary Easement, southerly of West Boston Post Road and northerly of
Mamaroneck Harbor (West Basin) from vicinity of Oreinta Avenue to West-
chester County Mamaroneck Sanitary Sewage Treatment Plant, a centerline
distance of approximately 1,400 linear feet, all located in Harbor
Island Park, Village of Mamaroneck, Westchester County, New York.
OUTFALL PIPELINE
Twelve foot wide Payment Easement together with fifty foot wide Tempo-
rary Easement southerly from Westchester County Mamaroneck Sanitary
Sewage Treatment Plant at the intersection of West Boston Post Road and
Mamaroneck Avenue to the southwesterly corner of Harbor Island, a
centerline distance of approximately 1,800 linear feet all located in
Harbor Island Park, Village of Mamaroneck, Westchester County, New York.
§ 2. THE AUTHORIZATION CONTAINED IN SECTION ONE OF THIS ACT SHALL TAKE
EFFECT ONLY UPON THE CONDITION THAT THE COUNTY OF WESTCHESTER WILL
CONVEY TO THE VILLAGE OF MAMARONECK AND THE VILLAGE OF MAMARONECK SHALL
DEDICATE THE LANDS OF EQUAL OR GREATER FAIR MARKET VALUE DESCRIBED IN
SECTION FOUR OF THIS ACT AS ADDITIONAL PARK LANDS OF THE VILLAGE.
§ 3. THE LANDS AUTHORIZED BY SECTION ONE OF THIS ACT TO BE EXCEPTED
FROM THE REQUIREMENT THAT THE SURFACE BE RESTORED AND CONTINUED TO BE
USED AS PARKLAND ARE AS FOLLOWS:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE IN THE VILLAGE
OF MAMARONECK, WITHIN THE TOWN OF MAMARONECK, COUNTY OF WESTCHESTER,
STATE OF NEW YORK, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
A POINT ON THE SOUTHERLY SIDE OF BOSTON POST ROAD AND THE NORTHEASTERLY
TERMINUS OF ORIENTA AVENUE; THENCE ALONG THE EASTERLY BOUNDS OF ORIENTA
AVENUE AS SHOWN ON A MAP BY THOMAS MCEVOY L.S. DATED AUGUST 1, 1984 AND
TITLED "COUNTY OF WESTCHESTER, DEPARTMENT OF ENVIRONMENTAL FACILITIES,
PROPERTY MAP FOR RIGHT OF WAY ACQUISITION, WEST BASIN INTERCEPTOR SYSTEM
SITUATED IN THE VILLAGE OF MAMARONECK, TOWN OF MAMARONECK, WESTCHESTER
COUNTY, MAMARONECK SANITARY SEWER DISTRICT", SOUTH 10° 08' 02" WEST,
13.94 FEET ; THENCE ALONG THE EASTERLY BOUNDS OF ORIENTA AVENUE SOUTH 3°
23' 48" WEST, 3.40 FEET TO A MONUMENT LABELED AS #4 ON THE ABOVEMEN-
TIONED SURVEY MAP; THENCE SOUTH 46° 16' 22" WEST, 92.83 FEET TO THE
CORNER OF A CONCRETE VAULT, SAID POINT BEING THE POINT AND PLACE OF
BEGINNING; THENCE SOUTH 61° 53' 34" WEST, 21.97 FEET ALONG THE SOUTHERLY
SIDE OF A CONCRETE VAULT; THENCE NORTH 28° 06' 26" WEST, 5.30 FEET ALONG
THE WESTERLY SIDE OF A CONCRETE VAULT ; THENCE SOUTH 61° 41' 39" WEST,
9.65 TO THE SOUTHWESTERLY CORNER OF A SMALLER CONCRETE VAULT ; THENCE
SOUTH 28° 06' 26" EAST, 23.59 ; THENCE NORTH 61° 53' 34" EAST, 31.61 ;
A. 8090--B 3
THENCE NORTH 28° 06' 26" WEST, 18.33 TO THE POINT AND PLACE OF BEGIN-
NING, CONTAINING 630.40 SQUARE FEET OR 0.014 ACRES, MORE OR LESS.
§ 4. PRIOR TO THE DISCONTINUANCE AND ALIENATION OF THE PARKLAND
DESCRIBED IN SECTION THREE OF THIS ACT, THE COUNTY OF WESTCHESTER,
ACTING THROUGH ITS COUNTY LEGISLATURE, SHALL CONVEY TO THE VILLAGE OF
MAMARONECK, AND THE VILLAGE OF MAMARONECK SHALL DEDICATE REPLACEMENT
LANDS FOR USE AS PARKLAND FOR PUBLIC PARK PURPOSES, WITH SUCH REPLACE-
MENT LANDS, BEING OF EQUAL OR GREATER FAIR MARKET VALUE, AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE VILLAGE AND TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK STATE AND BEING BOUNDED AND
DESCRIBED AS FOLLOWS: ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND
SITUATE IN THE VILLAGE OF MAMARONECK, WITHIN THE TOWN OF MAMARONECK,
COUNTY OF WESTCHESTER, STATE OF NEW YORK, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT MONUMENT ON THE SOUTHEASTERLY SIDE OF BOSTON POST
ROAD, SAID POINT BEING THE SOUTHWESTERLY CORNER OF THE COUNTY OF
WESTCHESTER'S DEPARTMENT OF ENVIRONMENTAL FACILITIES PARCEL, WHOSE 2017
TOWN OF MAMARONECK TAX DESIGNATION IS 9-19-231; THENCE ALONG THE SOUTH-
EASTERLY BOUNDS OF BOSTON POST ROAD, NORTH 39° 39' 02" EAST, 263.75 FEET
TO A MONUMENT; THENCE ALONG THE SOUTHEASTERLY BOUNDS OF BOSTON POST ROAD
NORTH 29° 39' 12" EAST, 570.10 FEET TO THE NORTHWESTERLY CORNER OF THE
COUNTY OF WESTCHESTER'S DEPARTMENT OF ENVIRONMENTAL FACILITIES PARCEL,
SAID POINT BEING THE POINT AND PLACE OF BEGINNING; THENCE NORTH 82° 54'
22" EAST, 5.22 FEET TO THE WESTERLY BOUNDS OF MAMARONECK AVENUE; THENCE
ALONG THE WESTERLY BOUNDS OF MAMARONECK AVENUE SOUTH 14° 16' 48" EAST,
36.39 FEET; THENCE NORTH 84° 45' 26" WEST, 32.32 FEET TO THE SOUTHEAST-
ERLY BOUNDS OF BOSTON POST ROAD; THENCE ALONG THE SOUTHEASTERLY BOUNDS
OF BOSTON POST ROAD NORTH 29° 39' 12" EAST, 36.44 FEET TO THE POINT AND
PLACE OF BEGINNING, CONTAINING 630.46 SQUARE FEET OR 0.014 ACRES, MORE
OR LESS.
§ 5. IN THE EVENT THAT THE PARKLANDS TO BE DEDICATED BY THE VILLAGE OF
MAMARONECK PURSUANT TO THIS ACT ARE NOT EQUAL TO OR GREATER THAN THE
FAIR MARKET VALUE OF THE PARKLAND TO BE DISCONTINUED, THE COUNTY OF
WESTCHESTER SHALL DEDICATE THE DIFFERENCE OF THE FAIR MARKET VALUE OF
THE LANDS TO BE ALIENATED AND THE LANDS TO BE DEDICATED FOR THE ACQUISI-
TION OF ADDITIONAL PARKLANDS AND/OR FOR CAPITAL IMPROVEMENTS TO EXISTING
PARK AND RECREATIONAL FACILITIES.
§ 6. IN THE EVENT THAT THE VILLAGE OF MAMARONECK RECEIVED ANY FUNDING
SUPPORT OR ASSISTANCE FROM THE FEDERAL GOVERNMENT FOR THE PURCHASE,
MAINTENANCE OR IMPROVEMENT OF THE PARKLANDS SET FORTH IN SECTION THREE
OF THIS ACT, THE DISCONTINUANCE AND ALIENATION OF SUCH PARKLAND AUTHOR-
IZED BY THE PROVISIONS OF SECTION THREE OF THIS ACT SHALL NOT OCCUR
UNTIL THE VILLAGE OF MAMARONECK HAS COMPLIED WITH ANY FEDERAL REQUIRE-
MENTS PERTAINING TO THE ALIENATION OR CONVERSION OF SUCH PARKLANDS,
INCLUDING SATISFYING THE SECRETARY OF THE INTERIOR THAT THE ALIENATION
OR 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 USEFULNESS TO THE LANDS BEING
ALIENATED OR CONVERTED.
§ [2.] 7. This act shall take effect immediately.
§ 2. This act shall take effect immediately.