S T A T E   O F   N E W   Y O R K
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                                 10383--A
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
   read  once  and  referred  to  the  Committee  on Local Governments --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  authorizing  the alienation of certain parklands in the town of
   Greenburgh, in the county of Westchester

   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 Green-
 burgh, located in the county of Westchester, acting by and  through  its
 governing  body and upon such terms and conditions as determined by such
 body, is hereby authorized to discontinue as parklands and alienate  the
 lands  more  particularly described in section three of this act for the
 purpose of providing an easement for access to a public  housing  apart-
 ment complex known as Greenburgh Heights.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that the town of  Greenburgh  dedicate
 the  lands  described in section four of this act as parklands; provided
 that the town of Greenburgh has never used such lands  for  public  open
 space or park purposes.
   §  3. 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,  situate,  lying  and
 located  in  the Village of Ardsley, Town of Greenburgh, County of West-
 chester, State of New York and identified as Leona Place (Private Access
 Road) property now or formerly Town of Greenburgh bounded and  described
 as follows:
   Beginning  at  a  point  formed by the westerly side of Lot 22 and the
 southerly side of Secor Road as shown on a map entitled "Subdivision Map
 of Kimberly Estates" dated Oct. 7, 1981, last revised Apr. 19, 1982  and
 filed in the Westchester County Clerks Office (Division of Land Records)
 on  May  3,  1984  as Map No 21541, said point being distant 218.32 feet
 westerly from the  P.C.  (R=13.00')  connecting  the  westerly  side  of
 Kimberly Drive to the POINT OF BEGINNING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15801-02-2
 A. 10383--A                         2
 
   thence  from  said  point of beginning along the westerly side of Lots
 21, 22 and part of Lot 20, South 13 degrees 54 minutes 43 seconds  West,
 a distance of 198.64 feet;
   thence  along  the  westerly  side  of Lot 20 Southerly, a distance of
 44.11 feet along a curve to the right having a radius of 300.00 feet and
 a central angle of 8 degrees 25 minutes 26 seconds;
   thence South 22 degrees 20 minutes 10  seconds  West,  a  distance  of
 100.18  feet  to  a  point on the south end of the Proposed 50-foot wide
 Access Easement;
   thence over and across property now or formerly Town of Greenburgh and
 Leona Place, North 69 degrees 36 minutes 37 seconds West, a distance  of
 50.03  feet  to a point on the easterly side of property now or formerly
 Greenburgh Housing Authority;
   thence along said easterly side of property now or formerly Greenburgh
 Housing Authority, North 22  degrees  20  minutes  10  seconds  East,  a
 distance of 101.88 feet;
   thence  Northerly,  a distance of 36.76 feet along a curve to the left
 having a radius of 250.00 feet and a  central  angle  of  8  degrees  25
 minutes 26 seconds;
   thence  North  13  degrees  54  minutes 43 seconds East, a distance of
 205.74 feet to a point on the southerly side of Secor Road;
   thence along said southerly side of Secor Road, South  68  degrees  00
 minutes  20  seconds East, a distance of 50.50 feet to the westerly side
 of Lot 22 as shown on the aforesaid filed Map No. 21541, the  point  and
 place of BEGINNING.
   Containing 17,182 square feet or 0.3944 acres, more or less.
   §  4.  Prior  to  the  discontinuance  and alienation of the parklands
 described in section three of this act, the  town  of  Greenburgh  shall
 dedicate as parklands such land described as follows:
   ALL  that  certain  plot,  piece or parcel of land, situate, lying and
 located in the Town of Greenburgh, County of Westchester, State  of  New
 York and bounded and described as follows:
   Beginning  at a point formed by the division line between property now
 or formerly Town of  Greenburgh  (Lot  4,  Block  143,  Section  7.131),
 Proposed  Lot  2.1  and  the northerly side of a (Permanent Easement for
 Driveway to the People of the State of New York as shown on a map  enti-
 tled "Sheet 4 of 7, Survey of Tarrytown Hills Inc." dated Sept. 30, 1965
 and  filed  in  the  Westchester County Clerk's Office (Division of Land
 Records) on Dec.  15, 1965 as Map No. 14695 and the  southeasterly  side
 of  Taxter  Road at an X-Cut set on a Boulder as shown on a map entitled
 "Subdivision Map prepared for the Town of Greenburgh"  dated  April  22,
 2022  to  be filed in the Westchester County Clerk's Office (Division of
 Land Records), said point being the POINT OF BEGINNING;
   thence along the easterly side of Taxter Road along Lot 2.1, North  45
 degrees 52 minutes 27 seconds East, a distance of 199.45 feet in a rebar
 set;
   thence  along  the  division  line  between Lots 2.1 and 2.2, South 56
 degrees 50 minutes 50 seconds East, a distance of 312.80 feet to a rebar
 set;
   thence South 45 degrees 52 minutes 27  seconds  West,  a  distance  of
 199.45 feet through a concrete monument found, 1.0 feet north of corner;
   thence  along  the  southerly  side  of  Lot  2.1, North 56 degrees 50
 minutes 50 seconds West, a distance of 312.80 feet to the easterly  side
 of  Taxter  Road  and  an X-Cut set on a Boulder, the point and place of
 BEGINNING.
   Containing 60,856 square feet or 1.3971 acres, more or less.
 A. 10383--A                         3
 
   § 5. In the event that the fair market value of the  parklands  to  be
 dedicated by the town of Greenburgh pursuant to section four of this act
 are  not  equal to or greater than the fair market value of the parkland
 to be discontinued in section three of this act, the town of  Greenburgh
 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  addi-
 tional  parklands  and/or  for capital improvements to existing park and
 recreational facilities.
   § 6. In the event that the town of  Greenburgh  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 this act shall not occur  until  the  town  of
 Greenburgh  has complied with any federal requirements pertaining to the
 alienation or conversion of parklands, including satisfying  the  secre-
 tary 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, such addi-
 tional parklands dedication or capital improvements must occur no  later
 than  one  year  from  the  date of the discontinuance and alienation of
 parklands as described in section three of this act.
   § 7. This act shall take effect immediately.