This bill has been amended

Bill S4653-2013

Authorizes the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue

Authorizes the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue.

Details

Actions

  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 17, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 4, 2013
Ayes (9): Martins, Ball, Boyle, Marchione, Ritchie, Valesky, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S4653

TITLE OF BILL: An act to authorize the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue

PURPOSE:

To authorize the Westchester County Legislature to discontinue the use as parklands certain parcels presently dedicated for parkland along Jackson Avenue from the entrance of Sprain Ridge Park west to the intersection of North Sprain Road to make traffic improvements.

SUMMARY OF SPECIFIC PROVISIONS:

Section one authorizes the Westchester County Legislature to discontinue the use as parklands certain lands dedicated as parkland for the purpose of making improvements including the straightening and widening of Jackson Avenue in the Town of Greenburgh, installation of a traffic signal and the realignment of the intersection into a T-intersection at Jackson Avenue and North Sprain Road.

Section Two provides that the authorization provided in section one of the act will only be effective on the condition that the county of Westchester acquires additional land and dedicates the land as parkland.

Section Three provides a legal description of the four parcels to be discontinued.

Section Four describes the replacement land to be acquired and dedicated by the county of Westchester as parkland as a parcel consisting of one acre from the Town of Greenburgh.

Section Five provides that in the event that the replacement land to be acquired and dedicated as parkland is not equal to or greater than fair market value of the parklands to be alienated the county shall acquire and dedicate additional land for parkland and/or cause funds to be made available for capital improvements to its existing park and recreational facilities to equal fair market value.

Section Six provides that the discontinuance and conveyance of the parkland shall not occur until the county of Westchester has compiled with any federal requirements pertaining to the lands including compliance with any conditions imposed by the secretary of the interior.

JUSTIFICATION:

This legislation is necessary to allow Westchester County to make traffic improvements to Jackson Avenue from the entrance of Sprain Ridge Park to North Sprain Road. The proposed improvements include the installation of a traffic signal along a realignment of the intersection to a typical T-intersection at Jackson Avenue and North Sprain Road. There have been two deaths that occurred at the intersection and over eighty accidents along this section of Jackson

Avenue roadway over the last three years. The project also includes storm water and drainage improvements along Jackson Avenue in the Town of Greenburgh as part of the Sprain-Jackson Drainage District.

LEGISLATIVE HISTORY:

New Bill - 2013

FISCAL IMPLICATIONS:

Undetermined at this time.

EFFECTIVE DATE:

is act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4653 2013-2014 Regular Sessions IN SENATE April 17, 2013 ___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize the county of Westchester to discontinue the use as parkland of parcels of real property in the town of Greenburgh for the purposes of completing certain proposed improvements to Jackson Avenue 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, and notwithstanding any provision of any general, special or local law, the county of West- chester is hereby authorized to discontinue the use as parklands and alienate the parcels of land described in section three of this act for the purpose of making proposed improvements, including the straightening and widening of Jackson Avenue in the town of Greenburgh from the entrance of Sprain Ridge Park and moving west to the intersection of North Sprain Road, and the installation of a traffic signal along with a realignment of the intersection into a T-intersection at Jackson Avenue and North Sprain Road. S 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Westchester acquires additional land and dedicates such land as parkland. S 3. The lands authorized by this act to be discontinued as parkland are four parcels of parkland in the town of Greenburgh, county of West- chester as follows: PARCEL A BEGINNING at a point in the existing southerly right-of-way line of Jackson Avenue (variable width right-of-way), said point being the intersection of the westerly line of Lot 2, Block 389, Section 8.570 with said southerly right-of-way, and running thence, the following two (2) courses along said southerly right-of-way; 1. North 73°10'02" East a distance of 32.23 feet to a point, thence; 2. North 85°30'49" East a distance of 136.53 feet to a point, thence;
3. Along the proposed southerly right-of-way line of Jackson Avenue South 80°25'17" West a distance of 172.79 feet to a point, thence; 4. Along the westerly line of said Lot 2, North 21°22'02" East a distance of 9.38 feet to the POINT OF BEGINNING. Containing an area of 1,166 square feet or 0.027 acres more or less. PARCEL B BEGINNING at a point in the existing southerly right-of-way line of Jackson Avenue (variable width right-of-way), said point being the intersection of the westerly line of Lot 5, Block 389, Section 8.570 with said southerly right-of-way, and running thence; 1. Along said existing right-of-way line, North 82°54'42" East a distance of 254.02 feet to a point, thence; 2. Along the easterly line of said Lot 5, South 21°22'02" West a distance of 10.18 feet to a point, thence; 3. Along the proposed southerly right-of-way line of Jackson Avenue, South 80°25'17" West a distance of 232.66 feet to a point, thence; 4. Along the westerly line of said Lot 5, North 48°22'18" West a distance of 25.36 feet to the POINT OF BEGINNING. Containing an area of 3,436 square feet or 0.079 acres more or less. PARCEL C BEGINNING at a point in the existing southerly right-of-way line of Jackson Avenue (variable width right-of-way), said point being the following two (2) courses from the intersection of the southerly line of Lot 2, Block 389, Section 8.570 with the said southerly right-of-way, a) North 43°13'42" East a distance of 33.83 feet to a point, thence; b) North 40°19'42" East a distance of 14.92 feet to a point and running, thence, the following nine (9) courses along the existing southerly right-of-line of Jackson Avenue; 1. North 40°19'42" East a distance of 23.00 feet to a point, thence; 2. North 35°35'03" East a distance of 58.31 feet to a point, thence; 3. North 20°05'42" East a distance of 25.32 feet to a point, thence; 4. North 38°03'52" East a distance of 134.75 feet to a point, thence; 5. North 51°52'12" East a distance of 58.69 feet to a point, thence; 6. North 63°01'42" East a distance of 30.08 feet to a point, thence; 7. North 38°42'42" East a distance of 86.37 feet to a point, thence; 8. North 43°46'42" East a distance of 49.20 feet to a point, thence; 9. North 56°34'22" East a distance of 53.58 feet to a point, thence, the following four (4) courses along the proposed southerly right-of-way line of Jackson Avenue; 10. South 42°21'46" West a distance of 409.64 feet to a point, thence; 11. North 47°38'14" West a distance of 1.50 feet to a point, thence; 12. South 42°21'46" West a distance of 101.85 feet to a point, thence; 13. South 69°48'29" West a distance of 0.61 feet to the POINT of BEGINNING. Containing an area of 7,649 square feet or 0.176 acres more or less. PARCEL D BEGINNING at a point in the existing southerly right-of-way line of Jackson Avenue (variable width right-of-way), said point being the intersection of the easterly line of Lot 2, Block 389, Section 8.570 with said southerly right-of-way, and running thence; 1. Along said easterly line, South 48°22'18" East a distance of 40.38 feet to a point, thence, the following two (2) courses along the proposed southerly right-of-way line of Jackson Avenue; 2. North 79°11'16" West a distance of 5.74 feet to a point, thence; 3. On a curve to the left having a radius of 517.50 feet, an arc length of 278.01 feet, whose chord bears South 65°01'53" West a chord
distance of 274.68 feet to a point, thence, the following six (6) cours- es along the existing southerly right-of-way of Jackson Avenue; 4. North 39°33'22" East a distance of 19.68 feet to a point, thence; 5. North 43°48'42" East a distance of 50.09 feet to a point, thence; 6. North 46°13'22" East a distance of 56.01 feet to a point, thence; 7. North 55°00'42" East a distance of 44.41 feet to a point, thence; 8. North 71°24'42" East a distance of 42.05 feet to a point, thence; 9. North 78°06'32" East a distance of 61.90 feet to the POINT OF BEGINNING. Containing an area of 6,290 square feet or 0.144 acres more or less. S 4. The replacement land to be acquired and dedicated by the county of Westchester to use as parkland for public park purposes is described as a a parcel consisting of one acre from the town of Greenburgh to be designed by the county of Westchester legislature as parkland. S 5. In the event that the replacement land to be acquired and dedi- cated as parkland, described in section four of this act, is not equal to or greater than the fair market value of the parklands to be alien- ated, as described in section three of this act, the county of Westches- ter shall acquire and dedicate additional land for parkland and/or cause funds to be made available for capital improvements to its existing park and recreational facilities, as necessary, to equal such fair market value. S 6. The discontinuance and conveyance of parkland authorized by the provisions of this act shall not occur until the county of Westchester has complied with any federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the 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 recreational usefulness to the lands being alienated or converted. S 7. This act shall take effect immediately.

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