This bill has been amended

Bill S4653A-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: PRINT NUMBER 4653A
  • Jun 4, 2013: AMEND AND RECOMMIT TO FINANCE
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 17, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S4653A

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 six 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: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4653--A 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 -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, 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 that has never been used as parkland and which is of equal or greater fair market value to the parkland to be discon- tinued and dedicates such land as parkland, as described in section four of this act. S 3. The lands authorized by this act to be discontinued as parkland are six parcels of parkland in the town of Greenburgh, county of West- chester, described 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. PARCEL E Containing an area of 6,290 square feet or 0.144 acres more or less. BEGINNING at a point in the existing southerly right-of-way line of Jackson Avenue (variable width right-of-way) having New York State Plane Coordinate System (East) values N785943.3098, E672924.0502, said point being distant 30.77 feet at a right angle from Station 17+83.36 on the proposed centerline of Jackson Avenue, said point also being the northeasterly corner of Lot 5, Block 389, Section 8.570, and running, thence; 1. Along the easterly line of Lot 5, South 21°22'02" West a distance of 14.84 feet to a point, thence; 2. Along the proposed southerly right-of-way line of Jackson Avenue, South 80°25'17" West a distance of 227.05 feet to a point in the wester- ly line of Lot 5, thence; 3. Along said westerly line of Lot 5, North 48°22'18" West a distance of 30.49 feet to a point at the northwesterly corner of Lot 5, thence; 4. Along the existing southerly right-of-way line of Jackson Avenue, North 82°54'42" East a distance of 254.02 feet to the POINT OF BEGIN- NING. Containing an area of 4,356 square feet or 0.100 acres more or less. PARCEL F BEGINNING at a point having New York State Plane Coordinate System (East) values N785929.4871, E672918.6423, said point being an inter- section of the easterly line of Lot 5, Block 389, Section 8.570 with the proposed southerly right-of-way line on Jackson Avenue (variable width right-of-way), said point being distant 43.50 feet at a right angle from Station 17+75.73 on the proposed centerline of Jackson Avenue, thence; 1. Along said easterly line of Lot 5, South 21°22'02" West a distance of 11.00 feet to a point, thence; 2. North 44°28'52" West a distance of 11.51 feet to a point in the proposed southerly right-of-way line of Jackson Avenue, thence; 3. Along said the proposed southerly right-of-way line, North 80°25'17" East a distance of 12.24 feet to the POINT OF BEGINNING. Containing an area of 58 square feet of 0.001 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 a parcel to be acquired from the town of Greenburgh and designated by the county of Westchester as parkland and is described as follows: ALL that certain piece or parcel of property, situate, lying and being located in the town of Greenburgh, county of Westchester, state of New York and being more particularly bounded and described as follows:
BEGINNING at a point formed by the division line between property now or formerly River Towns Estates, LLC (7.00-142-3) and property now or formerly Holy Spirit Association (1.200-120-2) at the site of a monument at the southeast corner of said Holy Spirit Association, said point being the POINT OF BEGINNING; thence along the division line between property now or formerly River Towns Estates, LLC (7.00-142-3) and property now or formerly Town of Greenburgh/County of Westchester (7.300-142-4), S. 75°05'14"E., a distance of 59.52 feet; thence over and across property now or formerly River Towns Estates, LLC (7.00-142-3), S. 25°51'26"W., a distance of 151.63 feet; thence N. 75°28'14"W., a distance of 388.30 feet; thence N. 25°51'26"E., a distance of 155.00 feet to the division line between property now or formerly River Towns Estates, LLC (7.00-142-3) and property now or formerly Holy Spirit Association (1.200-120-2); thence along said division line, S. 74°16'54"E., a distance of 139.88 feet; thence S. 75°28'14"E., a distance of 188.27 feet to the site of a monument at southeast corner of said Holy Spirit Association, the point and place of BEGINNING. Containing 58,079 square feet or 1.3333 acres, more or less. 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 difference in fair market value. S 6. If the parkland that is the subject of this act has received funding pursuant to the federal land and water conservation fund, the discontinuance of parkland authorized by the provisions of this act shall not occur until the municipality has complied with the federal requirements pertaining to the conversion of parklands, including satis- fying the secretary of the interior that the discontinuance 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 discontinued. S 7. This act shall take effect immediately.

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