What's happening
This bill lets Westchester County grant a company access across designated parkland at fair market value.
Why it matters
Local authorization. Westchester could remove parkland status from specified land and grant an access easement to WP East Acquisitions, LLC.
Park reinvestment. The county must dedicate at least the easement’s fair market value to acquiring parkland or improving existing parks.
Federal safeguards. If the parkland received federal assistance, the county must meet applicable federal conversion requirements before proceeding, including conditions for equivalent replacement land.
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Who cares
Westchester County government
Its governing body would set the easement’s terms and direct the required park investment.
WP East Acquisitions, LLC
The company could obtain an access easement across the designated county parkland at fair market value.
Westchester park users
Designated land could lose parkland status, while the county would have to fund park acquisition or improvements.
Headline styles
Allow Access Across Westchester Parkland
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local governments
- Referred to local governments
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4373
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Local Governments
AN ACT in relation to authorizing the county of Westchester to alienate and convey certain parcels of land used as parkland
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the provisions of this act, the county of Westchester, acting by and through its governing body, is hereby authorized to discontinue as parklands and alienate the lands more particularly described in section three of this act, and to grant an access easement over such parklands at fair market value and upon such other terms and conditions as determined by the governing body of Westchester county to WP East Acquisitions, LLC.
§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Westchester dedicate an amount equal to or greater than the fair market value of the easement interest being alienated pursuant to section one of this act to the acquisition of new parklands and/or improvements to existing parklands.
§ 3. The lands authorized by section one of this act to be discontinued as parklands and conveyed by the county of Westchester are described as follows:
BEGINNING at the point on the southerly line of East Lincoln Avenue where it is met by the westerly most line of Plot No. 9 shown in that certain "Map Showing Lands ... East Hudson Parkway Authority ... Hutchinson River Parkway ... Sheet No. 4" which was filed in the Westchester County Clerk's office on March 5, 1965, us Map No. 14262, which point occupies coordinate position
N 759.451.82 (y)
E 682.088.52 (x)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09110-01-7
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of the New York State Coordinate System, East Zone (NAD 83, expressed in feet). THENCE from the said point of beginning through Parcel 1 on said Filed Map No. 2754, continuing through the parcel shown on said Filed Map No. 6650 and continuing further through Parcel 40 on said Filed Map No. 2753 the following, first on a curve to the left, the center of which bears 524°15'21"E, the central angle of which is 36°56'57", the radius of which is 33.00 feet for 21.28 feet, then on a curve reversing to the right, the center of which bears N61°12'18"W, the central angle of which is 16°00'18", the radius of which is 660.00 feet for 184.36 feet, then
S 44°48'00" W 164.00 feet then on a tangent curve to the left, the central angle of which is 20°03'00", the radius of which is 280.00 feet for 97.98 feet, then
S 24°45'00" W 32.00 feet then on a tangent curve to the left, the central angle of which is 06°39'00", the radius of which is 3,095.00 feet for 359.22 feet, then
S 18°06'00" W 110.00 feet then on a tangent curve to the right, the central angle of which is 04°00'00", the radius of which is 850.00 feet for 59.34 feet, then
S 22°06'00" W 62.30 feet then on a tangent curve to the right, the central angle of which is 25°44'00", the radius of which is 525.00 feet for 235.79 feet, then
S 47°50'00" W 23.00 feet, and
S 36°40'40" W 45.76 feet then on a non-tangent curve to the right, the center of which bears S64°33'00"W, the central angle of which is 50°29'00", the radius of which is 34.00 feet for 29.96 feet, and then
S 45°20'00" W 20.44 feet, to a point on the northerly line of lands now or formerly of the City of Mount Vernon Industrial Development Agency, which point occupies coordinate position
N 758.225,65(y)
E 681.376.57(x) of the said New York State Coordinate System, East Zone, Thence along the said City of Mount Vernon Industrial Development Agency land, and in part along the northerly terminus of Bradford Road, which appears as Parcel 41 on the said Filed Map No. 2753 and is part of the said City of Mount Vernon Industrial Development Agency's land
N 67°06'40" W 32.55 feet, to a point. Thence once again through Parcel 40 on said Filed Map No. 2753, continuing through the parcel shown on said Filed Map No. 6650 and continuing further through Parcel 1 on said Filed Map No. 2754 the following, first
N 44°50'00" E 10.70 feet then on a tangent curve to the left, the central angle of which is 162°55'01", the radius of which is 7.50 feet for 21.33 feet, then
N 28°05'01" W 30.00 feet then on a non-tangent curve to the left, the center of which bears N28°05'01"W, the central angle of which is 14°13'35", the radious of which is 420.00 feet for 104.29 feet, than on a curve compounding to the left, the center of which bears N42°18'36"W, the central angle of which is 25°35'24", the radius of which is 495.00 feet for 221.08 feet, then
N 22°06'00"E 62.30 feet then on a tangent curve to the left, the central angle of which is 04°00'00", the radious of which is 820.00 feet for 57.25 feet,
then N 18°06'00"E 175.84 feet
A. 4373 3
then on a tangent curve to the right, the central angle of which is 06°39'00", the radius of which is 1,100.00 feet for 127.67 feet, then
N 24°45'00"E 201.11 feet then on a tangent curve to the right, the central angle of which is 12°11'00", the radius of which is 304.00 feet for 64.64 feet, then
N 36°56'00"E 344.00 feet and then on a tangent curve to the left, the central angle of which is 67°06'40", the radius of which is 27.50 feet for 32.21 feet, to another point on the southerly line of East Lincoln Avenue, Thence easterly along the said southerly line of East Lincoln Avenue
S 80°24'35"E 77.91 feet to the point or place of beginning of this easement area.
§ 4. In the event that the county of Westchester 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 authorized by the provisions of section three of this act shall not occur until the county of Westchester has complied with any federal requirements 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.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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