S T A T E O F N E W Y O R K
________________________________________________________________________
8183
2017-2018 Regular Sessions
I N A S S E M B L Y
June 2, 2017
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT authorizing the New York state thruway authority to convey real
property to Rye Country Day School
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative declaration. The state of New York desires to
use underutilized land to improve the recreational and educational lives
of its residents. A parcel of such certain land has been identified,
which under its present jurisdiction is owned by the people of the state
of New York, which may be utilized by the Rye Country Day School to
allow realization of such opportunities for recreation and education for
the school and the public. The school and the city of Rye have sought to
promote uses on the parcel consistent with community needs since the
late 1980's, and have pursued shared partnership use of the property for
recreational purposes in various forms since the 1990's.
§ 2. Notwithstanding any provision of section 2897 of the public
authorities law to the contrary, the New York state thruway authority is
authorized to transfer and convey to the Rye Country Day School, a not-
for-profit corporation chartered by the Board of Regents of the Univer-
sity of the State of New York, those parcels of certain lands referenced
and described in section four of this act provided that such lands shall
be used for recreational and educational purposes including the
construction of a recreational playing field, track and fieldhouse.
Such transfer and conveyance shall be for fair market value established
by an appraisal conducted by the thruway authority and upon such terms
and conditions as the New York state thruway authority and the Rye Coun-
try Day School may determine.
§ 3. The authorization to transfer and convey the lands described in
section four of this act shall only be effective upon the condition that
the city of Rye and the Rye Country Day School enter into an agreement,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10856-04-7
A. 8183 2
which shall provide for the shared use of such lands and improvements
between the Rye Country Day School and the public. Such an agreement may
be amended from time to time as may be agreed to by the City of Rye and
the Rye Country Day School.
§ 4. The lands authorized to be conveyed pursuant to section two of
this act are generally described as follows:
Beginning at a point demarcated by a rebar within the lands of the
People of the State of New York under present jurisdiction of the New
York State Thruway Authority, said point being 76.00 feet distant south-
easterly as measured at right angles from station 1 00+43.00 of the
hereinafter described survey baseline; thence through the said lands of
The People of the State of New York under present Jurisdiction of the
New York State Thruway Authority the following courses and distances:
1) North 16° 04' 08" East, a distance of 198.00 feet to a point demar-
cated by a rebar, said point being 17.00 feet distant southeasterly as
measured at right angles from station 102+32.00 of said survey baseline;
thence
2) North 26° 10' 07" East, a distance 63.51 feet to a point demarcated
by a rebar, said point being 9.00 feet distant southeasterly as measured
at right angles from station 1 02+95.00 of said survey baseline; thence
3) North 34°00'20" East, a distance of 698.00 feet to a point demar-
cated by a rebar, said point being 15.00 feet distant southeasterly as
measured at right angles from station 1 09+93.00 of said survey base-
line; thence
4) North 25° 07' 17" East, a distance of 309.00 feet to a point demar-
cated by a rebar, said point being 12.00 feet distant southeasterly as
measured at right angles from station 113+00.00 of said survey baseline;
thence
5) North 33° 53' 28" East, a distance of 61.23 feet to a point, said
point being 21.28 feet distant southeasterly as measured at right angles
from station 113+60.52 of said survey baseline; thence
6) Easterly along an arc to the right a distance of 105.94 feet,
having a radius of 50.00 feet, the chord of which is South 85° 24' 32"
East for a distance of 87.21 feet to a point, said point being 102.92
feet distant southeasterly as measured at right angles from station
113+91.17 of said survey baseline; thence
7) South 24° 42' 33" East, a distance of 132.18 feet to a point demar-
cated by a rebar, said point being 204.00 feet distant southeasterly as
measured at right angles from station 113+06.00 of said survey baseline;
thence
8) South 26° 42' 31" West, a distance of 149.05 feet to a point demar-
cated by a rebar, said point being 200.00 feet distant southeasterly as
measured at right angles from station 111 +57.00 of said survey base-
line; thence
9) South 48° 44' 51" East, a distance of 115.52 feet to a point demar-
cated by a rebar, said point being 311.00 feet distant southeasterly as
measured at right angles from station 111 +25.00 of said survey base-
line; thence
10) South 00° 14' 11" West, a distance of 125.72 feet to a point
demarcated by a rebar, said point being 364.00 feet distant southeaster-
ly as measured at right angles from station 110+11.00 of said survey
baseline; thence
11) South 16° 22' 48" West, a distance of 219.90 feet to a point
demarcated by a rebar, said point being 425.00 feet distant southeaster-
ly as measured at right angles from station 1 08+54.00 of said survey
baseline; thence
A. 8183 3
12) South 34° 07' 40" West, a distance of 201.01 feet to a point
demarcated by a rebar, said point being 423.00 feet distant southeaster-
ly as measured at right angles from station 1 06+53.00 of said survey
baseline; thence
13) South 48° 34' 55" West, a distance of 203.99 feet to a point
demarcated by a rebar, said point being 370.00 feet distant southeaster-
ly as measured at right angles from station 1 04+55.00 of said survey
baseline; thence
14) South 77° 30' 21" West, a distance of 270.15 feet to a point
demarcated by a rebar, said point being 182.00 feet distant southeaster-
ly as measured at right angles from station 1 02+61.00 of said survey
baseline; thence
15) South 18° 05' 03" West, a distance of 75.69 feet to a point demar-
cated by a rebar, said point being 202.00 feet distant southeasterly as
measured at right angles from station 1 01+88.00 of said survey base-
line; thence
16) South 74° 23' 42" West, a distance of 192.10 feet to the point of
beginning; containing 390,768 square feet or 8.971± acres.
§ 5. The authorization to transfer and convey the lands described in
section four of this act shall be subject to the requirement that the
use of such lands shall comply with the provisions of sections two and
three of this act. In the event that the use of such land fails to
comply with the requirements described in sections two or three of this
act, title to such lands and any improvements thereon shall revert to
the people of the state of New York under the jurisdiction of the New
York state thruway authority and, upon such reversion, the New York
state thruway authority is authorized to convey to the Rye Country Day
School a sum up to the amount paid by the Rye Country Day School pursu-
ant to section two of this act and the value of improvements made to the
property based upon an appraisal conducted by the thruway authority.
§ 6. This act shall take effect immediately.