NY State Senate Bill 2017-S5315A

Senate Bill S5315A

Signed By Governor

2017-2018 Legislative Session

Authorizes the town of Yorktown, in the county of Westchester, to alienate certain parklands and to dedicate certain other lands as parklands

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 25, 2017	signed chap.136
Jul 13, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly home rule request ordered to third reading rules cal.496 substituted for a7136a
Jun 14, 2017	referred to local governments delivered to assembly passed senate home rule request
May 22, 2017	amended on third reading 5315a
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.580
Mar 21, 2017	referred to local government

Votes

- Jun 14, 2017 - Floor Vote
  S5315A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Apr 25, 2017 - Local Government Committee Vote
  S5315A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Apr 25, 2017
      
      aye (8)
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      excused (1)
      
      Boyle

Bill Amendments

Original

A (Active)

2017-S5315 - Details

See Assembly Version of this Bill:: A7136
Law Section:: Parks

2017-S5315 - Summary

Authorizes the town of Yorktown, in the county of Westchester, to alienate certain parklands and to dedicate certain other lands as parklands.

2017-S5315 - Sponsor Memo

                                 BILL NUMBER:  S5315

 TITLE OF BILL :  An act to authorize the town of Yorktown, in the
county of Westchester, to alienate certain parklands and to dedicate
other lands as parklands

 PURPOSE :

This bill authorizes the town of Yorktown, in Westchester County, to
alienate certain parklands.

 SUMMARY OF PROVISIONS :

Section one authorizes the town of Yorktown, in the county of
Westchester, to discontinue and alienate certain parklands.

Section two provides that such alienation is hereby validated,
legalized, ratified and confirmed.

Section three provides the town of Yorktown to replace the alienated
parkland with the land described in section five of this act.

Section four provides the metes and bounds description of the parkland
being alienated.

Section five provides the metes and bounds description of the land to

be dedicated as parkland.

Section six provides that in the event the parklands described in
section five of this act are not equal to or greater than the
parklands described in section four of this act to be alimented, the
town of Yorktown shall dedicate the difference of the fair market
value of the lands to be alienated and the lands to be dedicated for
the acquisition of additional parklands and/or capital improvements to
existing park and recreational facilities.

Section seven requires the town of Yorktown to comply with federal
law.

Section eight establishes the effective date.

 JUSTIFICATION :

The Town of Yorktown, in Westchester County, has requested permission
to alienate a 6,227.31 square foot area of parkland to establish a
parking area to create more access to town-owned parkland located
adjacent to the Lake Mohegan Outlet. The parkland will be replaced
with land, which is a 6,227.03 square foot area adjacent to the park.
The conveyance of this land does not result in the reduction of the
size of the park.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5315 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5315
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the town of Yorktown, in the county of  Westchester,
   to alienate certain parklands and to dedicate other lands as parklands
 
   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  town  of  York-
 town,  in the county of Westchester, is hereby authorized to discontinue
 and alienate as parkland the lands described in  section  four  of  this
 act.
    §  2. Notwithstanding the failure of the town of Yorktown to seek and
 receive  state  legislative  authorization  to  alienate  the  parklands
 described  in  section  four  of  this act prior to such parklands being
 alienated, such alienation is hereby validated, legalized, ratified  and
 confirmed.
    §  3.  The authorization provided in section one of this act shall be
 effective only upon the condition that the town of  Yorktown,  dedicates
 the lands described in section five of this act as parkland:
   §  4. The parklands authorized by section one of this act to be alien-
 ated are described as follows:
   All that certain plot, piece or parcel of land, being in the  Incorpo-
 rated  Town  of  Yorktown,  County of Westchester and State of New York,
 bounded and described as follows:
   STARTING on the south side of Route No. 6 (Peekskill five  mile  turn-
 pike),  at its intersection with the center line Brook Outlet of Mohegan
 Lake.
   THENCE along said south side of Route No.  6,  North  48°02'40"  East,
 219.83 feet
   To the point or place of BEGINNING.
   THENCE  southerly  at  right angle with the south side of Route No. 6,
 South 41°57'20" East, 91.72 feet;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08784-01-7

 S. 5315                             2
 
   THENCE North 22°58'22" East, 15.30'
   THENCE North 32°02'53" West, 24.875',
   THENCE North 33°19'13" East, 98.00',
   THENCE North 37°06'46" West, 24.31'
   THENCE South 54°11'40" West, 64.81'
   THENCE South 48°02'40" West, 81.29' to the point or place of BEGINNING
   §  5.  Prior  to  the  discontinuance  and  alienation of the parkland
 described in section four of this act, the town of Yorktown shall  dedi-
 cate as parkland such land described as follows:
   All  that certain plot, piece or parcel of land situate, lying a being
 in the incorporated Town of Yorktown, County of Westchester and State of
 New York bounded and described as follows:
   BEGINNING on the south side of Route No.6 (Peekskill five  mile  turn-
 pike),  at its intersection with the center line Brook Outlet of Mohegan
 Lake;
   THENCE South 44°09'29" East, 69.52 feet;
   THENCE South 13°20'00" East, 49.07 feet;
   THENCE South 32°46'58" East, 27.81 feet;
   THENCE North 48°02'40" East, 108.00 feet;
   THENCE North 65°37'00" West, 65.00 feet;
   THENCE South 75°17'41" West, 55.70 feet;
   THENCE North 44°09'29" West, 55.00 feet;
   THENCE South 48°02'40" West, 5.01 feet to the point or place of BEGIN-
 NING
   § 6. In the event that the parklands described in section five of this
 act to be dedicated by the town of Yorktown pursuant to this act are not
 equal to or greater than the parklands described in section four of this
 act being alienated, the town of Yorktown shall dedicate the  difference
 of  the fair market value of the lands to the alienated and the lands to
 the dedicated for the acquisition of additional parklands and/or capital
 improvements to existing park and recreational facilities.
   § 7. If the parkland being alienated pursuant to 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 town of Yorktown has complied with the federal
 requirements pertaining to the conversion of parklands, including satis-
 fying the federal secretary of the interior that the discontinuance will
 include all conditions which such secretary of interior deems  necessary
 to  assure  the  substitution of other lands shall be equivalent in fair
 market value and recreational usefulness to the lands  being  discontin-
 ued.
   § 8. This act shall take effect immediately.

2017-S5315A (ACTIVE) - Details

See Assembly Version of this Bill:: A7136
Law Section:: Parks

2017-S5315A (ACTIVE) - Summary

Authorizes the town of Yorktown, in the county of Westchester, to alienate certain parklands and to dedicate certain other lands as parklands.

2017-S5315A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5315A

 TITLE OF BILL :

An act to authorize the town of Yorktown, in the county of
Westchester, to alienate certain parklands and to dedicate other lands
as parklands

 PURPOSE :

This bill authorizes the town of Yorktown, in Westchester County, to
alienate certain parklands.

 SUMMARY OF PROVISIONS :

Section one authorizes the town of Yorktown, in the county of
Westchester, to discontinue and alienate certain parklands.

Section two provides that such alienation is hereby validated,
legalized, ratified and confirmed.

Section three provides the town of Yorktown to replace the alienated
parkland with the land described in section five of this act.

Section four provides the metes and bounds description of the parkland
being alienated. Section five provides the metes and bounds

description of the land to be dedicated as parkland.

Section six provides that in the event the parklands described in
section five of this act are not equal to or greater than the
parklands described in section four of this act to be alimented, the
town of Yorktown shall dedicate the difference of the fair market
value of the lands to be alienated and the lands to be dedicated for
the acquisition of additional parklands and/or capital improvements to
existing park and recreational facilities.

Section seven requires the town of Yorktown to comply with federal
law.

Section eight establishes the effective date.

 JUSTIFICATION :

The Town of Yorktown, in Westchester County, has requested permission
to alienate 0.14 acres of parkland to establish a parking area to
create more access to town-owned parkland located adjacent to the Lake
Mohegan Outlet. The parkland will be replaced with land, which is 0.14
acres, adjacent to the park. The conveyance of this land does not
result in the reduction of the size of the park.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5315A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5315--A
     Cal. No. 580
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT to authorize the town of Yorktown, in the county of Westchester,
   to alienate certain parklands and to dedicate other lands as parklands
 
   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 town of York-
 town, in the county of Westchester, is hereby authorized to  discontinue
 and  alienate  as  parkland  the lands described in section four of this
 act.
    § 2. Notwithstanding the failure of the town of Yorktown to seek  and
 receive  state  legislative  authorization  to  alienate  the  parklands
 described in section four of this act  prior  to  such  parklands  being
 alienated,  such alienation is hereby validated, legalized, ratified and
 confirmed.
    § 3. The authorization provided in section one of this act  shall  be
 effective  only  upon the condition that the town of Yorktown, dedicates
 the lands described in section five of this act as parkland:
   § 4. The parklands authorized by section one of this act to be  alien-
 ated are described as follows:
   All  that certain plot, piece or parcel of land, being in the Incorpo-
 rated Town of Yorktown, County of Westchester and  State  of  New  York,
 bounded and described as follows:
   STARTING  on  the south side of Route No. 6 (Peekskill five mile turn-
 pike), at its intersection with the center line Brook Outlet of  Mohegan
 Lake.
   THENCE  along  said  south  side of Route No. 6, North 48°02'40" East,
 219.83 feet
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08784-03-7

 S. 5315--A                          2
 
   To the point or place of BEGINNING.
   THENCE  southerly  at  right angle with the south side of Route No. 6,
 South 41°57'20" East, 91.72 feet;
   THENCE North 22°58'22" East, 15.30'
   THENCE North 32°02'53" West, 24.875',
   THENCE North 33°19'13" East, 98.00',
   THENCE North 37°06'46" West, 24.31'
   THENCE South 54°11'40" West, 64.81'
   THENCE South 48°02'40" West, 81.29' to the point or  place  of  BEGIN-
 NING; containing 6227.31 square feet or .14 acres, more or less.
   §  5.  Prior  to  the  discontinuance  and  alienation of the parkland
 described in section four of this act, the town of Yorktown shall  dedi-
 cate as parkland such land described as follows:
   All  that certain plot, piece or parcel of land situate, lying a being
 in the incorporated Town of Yorktown, County of Westchester and State of
 New York bounded and described as follows:
   BEGINNING on the south side of Route No.6 (Peekskill five  mile  turn-
 pike),  at its intersection with the center line Brook Outlet of Mohegan
 Lake;
   THENCE South 44°09'29" East, 69.52 feet;
   THENCE South 13°20'00" East, 49.07 feet;
   THENCE South 32°46'58" East, 27.81 feet;
   THENCE North 48°02'40" East, 108.00 feet;
   THENCE North 65°37'00" West, 65.00 feet;
   THENCE South 75°17'41" West, 55.70 feet;
   THENCE North 44°09'29" West, 55.00 feet;
   THENCE South 48°02'40" West, 5.01 feet to the point or place of BEGIN-
 NING; containing 6227.03 square feet or .14 acres, more or less.
   § 6. In the  event  that  the  fair  market  value  of  the  parklands
 described  in  section  five  of this act to be dedicated by the town of
 Yorktown pursuant to this act are not equal to or greater than the  fair
 market  value  of  the  parklands  described in section four of this act
 being alienated, the town of Yorktown shall dedicate the  difference  of
 the  fair  market value of the lands to be alienated and the lands to be
 dedicated for the acquisition of  additional  parklands  and/or  capital
 improvements to existing park and recreational facilities.
   § 7. If the parkland being alienated pursuant to 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 town of Yorktown has complied with the federal
 requirements pertaining to the conversion of parklands, including satis-
 fying the federal secretary of the interior that the discontinuance will
 include  all conditions which such secretary of interior deems necessary
 to assure the substitution of other lands shall be  equivalent  in  fair
 market  value  and recreational usefulness to the lands being discontin-
 ued.
   § 8. This act shall take effect immediately.

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