S T A T E O F N E W Y O R K
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9325
I N S E N A T E
May 17, 2022
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Local Government
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.
LBD15801-03-2
S. 9325 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.
S. 9325 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.
