S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6499--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee  and  committed to the Committee on Rules -- committee discharged,
   bill amended, 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11814-05-7

 S. 6499--B                          2
 
 provided, however, that such sale or conveyance shall only  be  effected
 upon the requirement that the surface of any such subject lands, EXCEPT-
 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,

 S. 6499--B                          3
 
 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 ;
 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.