S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7033--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on  Local  Governments  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  authorize the town of New Castle, county of Westchester, to
   alienate and discontinue the use of certain parklands and to  dedicate
   certain other lands as parklands
 
   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  New
 Castle, 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 to alienate the lands more
 particularly described in section three of this act for the  purpose  of
 facilitating the future development of a multi-use trail along the West-
 chester County Sewer Trunk Line in the town of New Castle.
   §  2.  The  authorization provided by section one of this act shall be
 effective only upon the condition that Vivek and Chitra  Agastya  convey
 to  the  town of New Castle, and that the town of New Castle acquire and
 dedicate the lands described in section four of this act  as  parklands,
 provided  that  the  town  of  New  Castle 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 as parklands are described as follows:
             DESCRIPTION OF ALIENATION OF PARCEL (0.60 ACRES)
                 Portion of Section 92.16, Block 1, Lot 22
 ALL  that certain plot, piece or parcel of land situate, lying and being
 in the Town of New Castle, County of Westchester and State of New  York,
 shown  on  a  certain  map  entitled  "Map  No.  1, Chappaqua Section of
 Lawrence Farms, Town of New Castle, Westchester County, New York", dated
 February 2, 1929 as prepared by William A.  Smith,  Civil  Engineer  and
 filed  in  the  Westchester  County  Clerk's  Office  - Division of Land

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10605-04-1

 A. 7033--A                          2
 
 Records on April 29, 1929, as Map No.   3424, said property  being  more
 particularly bounded and described as follows:
 BEGINNING  at  a point lying on the northerly side of North Way as shown
 on said filed map, said point also lying on the  division  line  between
 the  lands  of  Agastya  and  the  lands  of  the  Town of New Castle as
 described in Liber 5061 Page 483 as  filed  in  the  Westchester  County
 Clerk's Office;
 RUNNING  THENCE  along said northerly side of North Way South 59 degrees
 21 minutes 22 seconds West a distance of 187.8' +/- to a point;
 RUNNING THENCE over and across the lands of the Town of New  Castle  the
 following courses and distances:
 North 29 degrees 19 minutes West a distance of 154.0' +/- to a point;
 North  44 degrees 06 minutes 20 seconds East a distance of 119.7' +/- to
 a point lying on said division line between the lands of Agastya and the
 lands of the Town of New Castle;
 RUNNING THENCE along said division line South 50 degrees 59  minutes  50
 seconds  East  a  distance of 197.8' +/- to the point or place of begin-
 ning.
 Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
   § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
 described  in  section three of this act, Vivek and Chitra Agastya shall
 convey to the town of New Castle  and  the  town  of  New  Castle  shall
 acquire and dedicate as parklands such land described as follows:
                DESCRIPTION OF AGASTYA PARCEL (0.60 ACRES)
                 Portion of Section 92.16, Block 1, Lot 23
 ALL  that certain plot, piece or parcel of land situate, lying and being
 in the Town of New Castle, County of Westchester and State of New  York,
 shown  on  a  certain  map  entitled  "Map  No.  1, Chappaqua Section of
 Lawrence Farms, Town of New Castle, Westchester County, New York", dated
 February 2, 1929 as prepared by William A.  Smith,  Civil  Engineer  and
 filed  in  the  Westchester  County  Clerk's  Office  - Division of Land
 Records on April 29, 1929, as map No.   3424, said property  being  more
 particularly bounded and described as follows:
 BEGINNING  at a point lying on the division line between the land now or
 formerly of Agastya as described in Control Number 561673248 as filed in
 the Westchester County Clerk's Office - Division of Land records and the
 lands of the Town of New Castle as described in Liber 5061 Page  483  as
 filed  in  the  Westchester County Clerk's Office, said point also lying
 North 50 degrees 59 minutes 50 seconds West a distance of 197.8 feet +/-
 as measured along said division line from a point lying on the northerly
 side of North Way as shown on said filed map;
 RUNNING THENCE in a westerly direction  and  along  said  division  line
 North  50 degrees 59 minutes 50 seconds West a distance of 131.2' +/- to
 the most southwesterly corner of land of Agastya, said point also  lying
 on  the  division  line  between  the said lands of Agastya and the said
 lands of the Town of New Castle;
 RUNNING THENCE in a northerly direction along said division  line  North
 43  degrees  12  minutes 10 seconds East a distance of 199.8 feet +/- to
 the most northwesterly corner of the land of Agastya,  said  point  also
 being the most southeasterly corner of the land now or formerly of Metz-
 ger;
 RUNNING  THENCE  in an easterly direction South 50 degrees 59 minutes 50
 seconds East along said division line  between  Agastya  and  Metzger  a
 distance of 122.8 feet +/- to a point;
 RUNNING  THENCE  over  and  across  lands now or formerly of Agastya the
 following courses and distances;

 A. 7033--A                          3
 
 South 26 degrees 31 minutes 40 seconds West a distance of 38.1 feet  +/-
 to a point;
 South 44 degrees 06 minutes 20 seconds West a distance of 162.7 feet +/-
 to the point or place of beginning.
 Containing approximately 26,242.0 square feet +/- or 0.60 acres +/-.
   §  5.  In  the  event  that  the  fair  market  value of the parklands
 described in section four of this act to be dedicated  as  parklands  by
 the  town of New Castle pursuant to this act are not equal to or greater
 than the fair market value of the parklands to be alienated as described
 in section three of this act, the town of New Castle 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 additional parklands and/or
 capital improvements to existing park and recreational facilities.
   §  6.  In  the  event that the town of New Castle 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 New
 Castle  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.
   § 7. This act shall take effect immediately.