S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7184
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to authorizing the city of New  Rochelle,  county  of
   Westchester  to sell, convey and alienate certain land, in furtherance
   of an economic development interest of the state and/or  city  of  New
   Rochelle

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subject to the provisions and conditions of this act,  the
 city  of  New Rochelle, county of Westchester, acting by and through its
 governing body, is hereby authorized to  discontinue  as  parklands  and
 alienate,  the  parklands,  described  in  section  four of this act, in
 furtherance of an economic development interest of the state and/or city
 of New Rochelle.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that:
   (a) the city of New Rochelle shall dedicate  the  lands  described  in
 section  nine  of  this  act  as parkland, provided that the city of New
 Rochelle has never used  such  lands  for  public  open  space  or  park
 purposes; and
   (b) any such deed transferring the parcel described in section four of
 this  act  provides  (i)  for  the  preservation of the Armory Building,
 including the annex, and (ii) a dedicated space for  veterans  organiza-
 tion  use  at no charge or a de minimis rental amount as approved by the
 city council.
   § 3.  After the conditions specified in sections two and five of  this
 act are satisfied and notwithstanding subdivision 2 of section 20 of the
 general  city law, the city of New Rochelle is hereby authorized, acting
 through its legislative body, to sell, alienate and  convey  the  water-
 front real property, described in section six of this act in furtherance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11516-09-1
              

 S. 7184                             2
 
 of  an  economic  development  interest  of the state and/or city of New
 Rochelle.
   § 4. The parklands authorized by section one of this act to be discon-
 tinued  as parklands in the letters patent dated July 24, 1997, recorded
 in the Westchester County Clerk's office at Liber  11802,  Page  272  on
 September 3, 1997 are described as follows:
   ALL  THAT  CERTAIN  PIECE OR PARCEL OF LAND situate in the City of New
 Rochelle, County of Westchester, and State of New  York,  being  further
 described as follows:
   BEGINNING  at a point on the southerly side of East Main Street at its
 intersection with the division line between the lands of the  People  of
 the State of New York, on the east, and lands now or formerly of Anthony
 Petro,  on  the west, said point being distant S. 29 51' W., 304.28 feet
 from New Rochelle City Monument No. 4 which is located at the  northwes-
 terly  corner  of the intersection of Pratt and Huguenot Streets; thence
 N. 52 02' 34 E., along the southerly bounds of  East  Main  Street,  200
 feet  to a point in the westerly bounds of lands, now or formerly, owned
 by the city of New Rochelle, said point being distance S. 02 32' 30" E.,
 141.02 feet from the aforesaid Monument No. 4; thence S. 43 23' 32"  E.,
 along the westerly bounds of said lands of the City of New Rochelle, 635
 feet  to  a point in the original high water line of New Rochelle Harbor
 (formerly called Snuff Mill Pond); thence S 52  02'  34"  W.,  generally
 along  said high water line, 200 feet to a point at the southeast corner
 of lands, now or formerly, of the Colonial Sand and Stone Company, Inc.;
 thence N. 43 23' 32" W., along the easterly bounds of said lands of  the
 Colonial Sand and Stone Company, Inc., 327.55 feet to a point; thence N.
 52  28'  17"  W.,  continuing along the easterly bounds of said lands of
 Colonial Sand and Stone Company, Inc., 57.92 feet  to  a  point  in  the
 southerly  bounds  of  lands,  now  or  formerly, of Harvey A.   Turnure
 (designated as Lot 45); thence N. 52 02' 34"  E.,  along  the  southerly
 bounds  of said lands of Turnure, 9.18 feet to a point; thence N. 43 23'
 32" W., along the easterly bounds of lands  of  said  Turnure  and  then
 continuing  along  the easterly bounds of the aforesaid lands of Anthony
 Petro, 251.12 feet to the point and place of beginning, containing 2.908
 acres of land, more or less.
   § 5. In the event that the parklands to be dedicated by  the  city  of
 New  Rochelle  pursuant  to section nine of this act are not equal to or
 greater than the fair market value of the parkland to be discontinued in
 section four of this act, the city of New Rochelle  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
 for capital improvements to existing park and recreational facilities.
   §  6.  The waterfront lands authorized by section three of this act to
 be discontinued  as waterfront are described as follows:
   Parcel A:
   All that certain piece or parcel of land situate, lying and  being  in
 the  City  of  New Rochelle, County of Westchester and State of New York
 and being bounded and described as follows:
   BEGINNING at a point on the northerly line  of  Huntington  Place  (35
 feet  wide)  and  also being the southerly line of lands now or formerly
 owned by Bridge Management Corporation, said  point  being  537.37  feet
 distant  from the easterly line of Evans Street along the northerly line
 of Huntington Place, and also being southerly from a  concrete  monument
 "New  Rochelle  City Monument #4" near the westerly line of Pratt Street
 and the northerly line of Main Street, a course of South 02°30'02" West,
 a distance of 482.73 feet and running thence; easterly along a fence and

 S. 7184                             3
 
 along the division line between lands now or formerly owned by the  City
 of  New  Rochelle  and  lands now or formerly owned by Bridge Management
 Corporation, a course of North 51°36'37" East, a distance of 58.07  feet
 to  a  point  on the westerly line of lands now or formerly owned by the
 City of New Rochelle; thence running southerly along said division  line
 and  portions  of  a  concrete wall, a course of South 43°49'29" East, a
 distance of 404.21 feet to a point in the waters of Echo  Bay  being  on
 lands  owned by the State of New York; thence 43°49'29" East, a distance
 of 147.72 feet to a point in the waters  of  Echo  Bay;  thence  running
 through the waters of Echo Bay the following three courses:
   Westerly  along  previously  said  division  line,  a  course of South
 60°32'31" West, a distance of 135.71 feet to a point at the southeaster-
 ly corner of lands now or formerly owned  by  Jonel  Development  Corpo-
 ration;  thence  northerly along previously said division line, a course
 of North 29°27'29" West, a distance of 10.00 feet  to  a  point;  thence
 westerly  along  previously  said  division  line,  a  course  of  South
 60°32'31" West, a distance of 126.77 feet to  a  point;  thence  running
 northerly  along  previously  said  division  line  and along a fence, a
 course of North 35°33'35" West, a distance of 207.18 feet to a point  on
 the  southerly  line  of Huntington Place (35 feet wide); thence running
 easterly along the southerly line of Huntington Place, a course of North
 51°36'37" East, a distance of 326.97 feet to  a  point;  thence  running
 northerly, a course of North 38°23'27" West, a distance of 35.00 feet to
 the  point  and  place  of  beginning.   Encompassing an area of 101,824
 square feet or 2.33756 acres, more or less.
   Parcel B:
   All that certain piece or parcel of land situate, lying and  being  in
 the  City  of  New Rochelle, County of Westchester and State of New York
 and being bounded and described as follows:
   BEGINNING at a point on the southerly line of  Main  Street  (variable
 width)  and  the  division line of lands now or formerly owned by Serita
 Holding Corporation and lands now or formerly owned by the City  of  New
 Rochelle,  said point being 1,215.24 feet distant from the easterly line
 of Evans Street along the southerly line of Main Street, and also  being
 easterly  from  a concrete monument "New Rochelle City Monument #4" near
 the westerly line of Pratt Street and the northerly line of Main Street,
 a course of North 68°34'21" East, a distance of 391.24 feet and  running
 thence;
   Running  Easterly  along  the  division  line of lands now or formerly
 owned by Serita Holding Corporation and lands owned by the State of  New
 York,  a  course  of South 50°05'59" East, a distance of 98.35 feet to a
 point;
   thence continuing Easterly along said division line, a course of South
 45°42'59" East, a distance of 0.15 feet to a point;
   thence running Northerly along said division line into the  waters  of
 Echo Bay, a course of North 20°09'01" East, a distance of 4.07 feet to a
 point;
   thence  running  through the waters of Echo Bay and lands owned by the
 State of New York the following eight courses:
   Easterly, a course of South 49°53'15" East, a distance of 148.40  feet
 to a point;
   thence  southerly,  a  course  of  South 31°32'25" East, a distance of
 44.22 feet to a point;
   thence southerly, a course of South  01°01'42"  East,  a  distance  of
 154.33 feet to a point;

 S. 7184                             4
 
   thence  southerly,  a  course  of  South 04°45'45" West, a distance of
 105.62 feet to a point;
   thence  southerly,  a  course  of  South 08°22'49" West, a distance of
 67.94 feet to a point;
   thence southerly, a course of South  22°43'00"  West,  a  distance  of
 65.54 feet to a point;
   thence  westerly,  a  course  of  South  55°09'04" West, a distance of
 152.09 feet to a point;
   thence westerly, a course of South 59°23'37" West, a distance of 23.27
 feet to a point at the prolongation of the division line of lands now or
 formerly owned by the City of New Rochelle;
   thence running Northerly along a fence and along the division line  of
 lands  now  or  formerly  owned by the City of New Rochelle, a course of
 North 43°49'29" West, a distance of 689.19 feet to a point on the south-
 erly line of Main Street, also known as U.S. 1;
   thence running Easterly along the southerly line  of  Main  Street,  a
 course  of  North 51°30'41" East, a distance of 455.94 feet to the POINT
 or PLACE of BEGINNING.
   Encompassing an area of 289,962 square feet or 6.65661 acres, more  or
 less.
   § 7. The authorization contained in section six of this act shall take
 effect only upon the condition that the city of New Rochelle shall dedi-
 cate  waterfront land or receive capital improvements to existing water-
 front property, the fair market value of which  shall  be  equal  to  or
 greater  than  the  fair  market  value of the waterfront property to be
 alienated.
   § 8. The commissioner of general services  is  hereby  authorized  and
 directed to take such action as is necessary to release, extinguish, and
 relinquish  to the city of New Rochelle, its successors and assigns, any
 and all conditions and/or reservations of the state that limit  the  use
 of  the  real property more particularly described in  section  four  of
 this act, commonly known as the New York State Armory  at  City  of  New
 Rochelle,  for  park, recreation, street and highway purposes, including
 incidental, necessary municipal business in conjunction  therewith,  and
 to  release,  extinguish  and convey to the city of New Rochelle any and
 all rights of reverter and/or of reversion that the state  may  have  in
 and to such real property, such that any limits of use and/or the rights
 of  reverter  and/or  reversion,  shall  be permanently released, extin-
 guished, and relinquished forever. This section  shall  not  affect  any
 conditions established pursuant to section two of this act.
   § 9. The lands to be dedicated as parkland by the city of New Rochelle
 pursuant  to subdivision (a) of section two of this act are described as
 follows:
   All that certain piece or parcel of land situate, lying and  being  in
 the  city  of  New Rochelle, county of Westchester and state of New York
 and being bounded and described as follows:
   COMMENCING at a point on the southerly line of Main  Street  (variable
 width)  and  the  division line of lands now or formerly owned by Serita
 Holding Corporation and lands now or formerly owned by the city  of  New
 Rochelle,  said point being 1,215.24 feet distant from the easterly line
 of Evans Street along the southerly line of Main Street, and also  being
 easterly  from  a concrete monument "New Rochelle City Monument #4" near
 the westerly line of Pratt Street and the northerly line of Main Street,
 a course of North 68°34'21" East, a distance of 391.24 feet and  running
 the following two courses:

 S. 7184                             5

   Southerly  along said division line, a course of South 42°12'49" East,
 a distance of 138.15 feet to a point; thence continuing southerly  along
 said  division  line,  a  course  of South 50°05'59" East, a distance of
 39.09 feet to a point, being the POINT or PLACE of BEGINNING,  as  shown
 on a certain map entitled "State of New York Office of General Services,
 Park  Area  Land  Grant in the Application of City of New Rochelle for a
 Grant of Lands Under the Waters of Echo Bay, Situate in the City of  New
 Rochelle,  County of Westchester, State of New York", prepared by Langan
 Engineering, Environmental, Surveying, Landscape Architecture and Geolo-
 gy, DPC, dated May 19, 2021; thence running easterly along the  division
 line  of  lands  now or formerly owned by Serita Holding Corporation and
 lands owned by the State of New York, a course of South 50°05'59"  East,
 a  distance  of  59.26 feet to a point; thence continuing easterly along
 said division line, a course of South 45°42'59" East, a distance of 0.15
 feet to a point; thence running northerly along said division line  into
 the  waters of Echo Bay, a course of North 20°09'01" East, a distance of
 4.07 feet to a point; thence running through the waters of Echo Bay  and
 land owned by the State of New York the following twenty courses:
   Easterly,  a course of South 49°53'15" East, a distance of 148.40 feet
 to a point; thence southerly,  a  course  of  South  31°32'25"  East,  a
 distance  of  44.22 feet to a point; thence southerly, a course of South
 01°01'42" East, a distance of 154.33 feet to a point; thence  southerly,
 a  course of South 04°45'45" West, a distance of 105.62 feet to a point;
 thence southerly, a course of South 08°22'49" West, a distance of  67.94
 feet  to  a point; thence southerly, a course of South 22°43'00" West, a
 distance of 65.54 feet to a point; thence westerly, a  course  of  South
 55°09'04" West, a distance of 152.09 feet to a point; thence westerly, a
 course  of  South  59°23'37"  West, a distance of 70.76 feet to a point;
 thence northerly, a course of North 34°54'45" West, a distance of  24.51
 feet  to  a  point; thence westerly, a course of South 51°31'11" West, a
 distance of 151.00 feet to a point; thence westerly along a portion of a
 wall, a course of South 76°11'06" West, a distance of 39.67  feet  to  a
 point; thence westerly along a wall, a course of South 81°48'28" West, a
 distance  of  47.46  feet  to  a  point; thence westerly along a wall, a
 course of North 85°25'57" West, a distance of 46.20  feet  to  a  point;
 thence  westerly  along  a  wall,  a  course  of North 78°58'50" West, a
 distance of 22.92 feet to a point;  thence  westerly  along  a  wall,  a
 course  of  North  65°46'48"  West, a distance of 21.49 feet to a point;
 thence westerly along a wall,  a  course  of  North  58°15'30"  West,  a
 distance  of  22.49  feet  to  a point; thence northerly along a wall, a
 course of North 34°36'11" West, a distance of 44.08  feet  to  a  point;
 thence  northerly  along  a  wall,  a  course of North 41°07'25" West, a
 distance of 88.45 feet to a point; thence westerly along a portion of  a
 wall,  a  course  of South 49°31'51" West, a distance of 51.82 feet to a
 point on the easterly line of lands now or formerly owned by City of New
 Rochelle; thence running along the water's edge through the lands now or
 formerly owned by the City of New Rochelle the following six courses:
   Westerly a course of South 49°31'51" West, a distance of  113.64  feet
 to  a  point;  thence  southerly  a  course  of  South 29°17'12" East, a
 distance of 16.95 feet to a point; thence westerly  a  course  of  South
 47°38'55"  West,  a distance of 24.95 feet to a point; thence westerly a
 course of South 57°50'50" West, a distance of 56.29  feet  to  a  point;
 thence  southerly  a course of South 16°34'44" West, a distance of 17.88
 feet to a point; thence westerly a course of  South  53°14'05"  West,  a
 distance of 28.55 feet to a point on the easterly division line of lands
 now  or formerly owned by Jonel Development Corp.; thence running north-

 S. 7184                             6
 
 erly along said division line and along  a  fence,  a  course  of  North
 35°33'35"  West,  a  distance of 136.58 feet to a point on the southerly
 line of Huntington Place (35 feet wide); thence running  easterly  along
 the southerly line of Huntington Place a course of North 51°36'37" East,
 a  distance  of  326.97  feet to a point on the westerly intersection of
 lands now or formerly owned by the City of New Rochelle and the souther-
 ly line of Huntington Place; thence running through  the  lands  now  or
 formerly owned by the city of New Rochelle the following eighteen cours-
 es:
   Southerly a course of South 38°23'27" East, a distance of 0.43 feet to
 a point; thence southerly along a curve to the left having an arc length
 of  26.37 feet, a radius of 35.50 feet, and a central angle of 42°33'21"
 and being subtended by a chord  which  bears  South  35°09'51"  West,  a
 distance  of  25.77  feet; thence southerly with a compound curve to the
 left having an arc length of 55.76 feet, a radius of 35.50 feet,  and  a
 central  angle  of  90°00'00" and being subtended by a chord which bears
 South 31°06'50" East, a distance of 50.20 feet; thence easterly a course
 of South 76°06'50" East, a distance of 8.74  feet  to  a  point;  thence
 easterly along a curve to the left having an arc length of 62.49 feet, a
 radius  of  45.50  feet,  and  a  central  angle  of 78°41'06" and being
 subtended by a chord which bears North 64°32'37"  East,  a  distance  of
 57.69 feet; thence northerly with a reverse curve to the right having an
 arc  length of 1.84 feet, a radius of 24.50 feet, and a central angle of
 04°17'34" and being subtended by a chord  which  bears  North  27°20'51"
 East,  a  distance  of  1.84  feet;  thence  southerly a course of South
 32°10'08" East, a distance of 16.31 feet to a point; thence southerly  a
 course  of  South  37°42'52"  East, a distance of 35.96 feet to a point;
 thence easterly along a curve to the left having an arc length of 222.47
 feet, a radius of 169.34 feet, and a  central  angle  of  75°16'24"  and
 being  subtended by a chord which bears South 75°21'04" East, a distance
 of 206.81 feet; thence easterly a course  of  North  51°29'31"  East,  a
 distance  of  110.44 feet to a point; thence southerly a course of South
 36°14'53" East, a distance of 38.30 feet to a point; thence  easterly  a
 course  of  North  52°11'12" East, a distance of 138.84 feet to a point;
 thence northerly along a curve to the  left  having  an  arc  length  of
 103.38  feet,  a radius of 235.50 feet, and a central angle of 25°09'09"
 and being subtended by a chord  which  bears  North  39°36'37"  East,  a
 distance  of  102.55 feet; thence northerly with a compound curve to the
 left having an arc length of 278.34 feet, a radius of 335.50 feet, and a
 central angle of 47°32'02" and being subtended by a  chord  which  bears
 North  03°16'02"  East,  a  distance  of 270.43 feet; thence northerly a
 course of North 20°29'59" West, a distance of 50.40  feet  to  a  point;
 thence northerly along a curve to the left having an arc length of 52.00
 feet,  a  radius  of  165.50  feet, and a central angle of 18°00'07" and
 being subtended by a chord which bears North 29°30'03" West, a  distance
 of  51.79  feet;  thence  northerly  a course of North 38°30'06" West, a
 distance of 94.49 feet to a point; thence northerly along a curve to the
 right having an arc length of 26.22 feet, a radius of 182.50 feet, and a
 central angle of 08°13'55" and being subtended by a  chord  which  bears
 North  34°23'09" West, a distance of 26.20 feet to the POINT or PLACE of
 BEGINNING.
   Encompassing an area of 116,875 square feet or 2.68308 acres, more  or
 less.
   §  10. In the event that the city of New Rochelle received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance or improvement of the parklands set forth in section four of

 S. 7184                             7
 
 this  act, the discontinuance and alienation of such parkland authorized
 by the provisions of this act shall not occur  until  the  city  of  New
 Rochelle  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.
   § 11. This act shall take effect immediately.