NY State Senate Bill 2021-S6046

Senate Bill S6046

Signed By Governor

2021-2022 Legislative Session

Relates to authorizing the town of New Castle, county of Westchester, to alienate and discontinue the use of certain parklands

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2021	signed chap.219
Jun 24, 2021	delivered to governor
May 25, 2021	returned to senate passed assembly home rule request ordered to third reading rules cal.134 substituted for a7033a
May 24, 2021	referred to local governments delivered to assembly passed senate home rule request
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.954
May 03, 2021	print number 6046b
May 03, 2021	amend and recommit to local government
Apr 26, 2021	print number 6046a
Apr 26, 2021	amend and recommit to local government
Mar 31, 2021	referred to local government

Votes

- May 24, 2021 - Floor Vote
  S6046
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 10, 2021 - Local Government Committee Vote
  S6046
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: May 10, 2021
      
      aye (7)
      
      Borrello
      
      Brooks
      
      Gaughran
      
      Hinchey
      
      Rath III
      
      Reichlin-Melnick
      
      Thomas

Bill Amendments

Original

B (Active)

2021-S6046 - Details

See Assembly Version of this Bill:: A7033
Law Section:: Westchester County

2021-S6046 - Summary

Authorizes the town of New Castle, county of Westchester, to alienate and discontinue the use of certain parklands and to dedicate certain other lands conveyed to the town from Vivek and Chitra Agastya as parklands.

2021-S6046 - Sponsor Memo

                                
 
BILL NUMBER: S6046

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to authorizing the town of New Castle, county of Westchester, to
alienate and discontinue the use of certain parklands

 
SUMMARY OF PROVISIONS:

Section 1 grants the town of New Castle, county of Westchester, the
authorization to discontinue as parklands the lands more particularly
described in section two of this act.

Section 2 provisions are given that the authorization provided by

section one shall only be effective upon the condition that Vivek and
Chitra Agastya convey to the town of New Castle dedicate such lands as
parklands open to the general public.

Section 3 describes the lands discontinued as parklands authorized in
section one of this act.

Section 4 describes the lands required by section two of this act to be
conveyed to the town of New Castle by Vivek and Chitra Agastya and dedi-
cated as parklands open to the general public.

Section 5 relates to the fair market value of the parklands described in
section four of this act.

Section 6 states that 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
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.

Section 7 states the effective date.

 
JUSTIFICATION:

The Town of New Castle requests the introduction of home rule legis-
lation to authorize the Town Board to discontinue, alienate and convey
public parkland located on North Way in the Town of New Castle to Vivek
and Chitra Agastya. In exchange, the Town Board shall acquire and dedi-
cate property owned by Vivek and Chitra Agastya located on North Way as
public parkland.

The Town of New Castle is developing a multi-use trail that will provide
a safe alternative pathway from Horace Greeley High School and Chappaqua
Crossing to the Chappaqua Hamlet. The multi-use trail is referred to as
the Chap Line. The path of the Chap Line will follow the general route
of the Westchester County Sewer Trunk Line.  The proposed parkland
alienation and land swap is necessary to efficiently connect segments of
the proposed Chap Line. A portion of the Chap Line will be constructed
on the newly acquired and dedicated property referred to herein as
Parcel A. The Town-owned parkland to be alienated was dedicated as park-
land by the Town Board to be used as a bird sanctuary on December 11,
1951. No State or Federal funds were used in the acquisition or develop-
ment of any portion of the park in which the land being alienated is
located. The parkland area is part of a 9.8-acre open space parcel known
and designated as Parcel 96.16-1-22 (Parcel B). The Town will swap 0.60
acres of private property owned by Mr.  and Mrs. Agastya located along
the north westerly portion of the property at 45 North Way, known and
designated as a portion of Parcel 96.16-1-23 (Parcel A), with 0.60 acres
of adjacent Town-owned parkland located along North Way (Parcel B). The
land swap preserves the open space parcel as 9.8 acres of continuous
open space and allows Mr. and Mrs. Agastya to maintain their total acre-
age. The privately-owned property has greater potential for recreational
usefulness compared to the land being alienated because of its advanta-
geous position in development of the Chap Line.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S6046 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6046
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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  the  lands  more  particularly
 described in section two of this act.
   §  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 the lands described in section four of this
 act, and the town of New Castle dedicate such lands as parklands open to
 the general public.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued 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
 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

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

                                                            LBD10605-01-1

 S. 6046                             2
 
 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. The lands required by section two of this act to be  conveyed  to
 the  town  of  New  Castle  by Vivek and Chitra Agastya and dedicated as
 parklands open to the general public are 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;
 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 +/-.

 S. 6046                             3
 
   § 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.

2021-S6046A - Details

See Assembly Version of this Bill:: A7033
Law Section:: Westchester County

2021-S6046A - Summary

2021-S6046A - Sponsor Memo

                                
 
BILL NUMBER: S6046A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to authorizing the town of New Castle, county of Westchester, to
alienate and discontinue the use of certain parklands

 
SUMMARY OF PROVISIONS:

Section 1 grants the town of New Castle, county of Westchester, the
authorization to discontinue as parklands the lands more particularly
described in section three of this act.

Section 2 provisions are given that the authorization provided by

section one shall only be effective upon the condition that Vivek and
Chitra Agastya convey to the town of New Castle the property described
in section four and the town of New Castle dedicate such lands as park-
lands open to the general public.

Section 3 describes the lands discontinued as parklands authorized in
section one of this act.

Section 4 describes the lands required by section two of this act to be
conveyed to the town of New Castle by Vivek and Chitra Agastya and dedi-
cated as parklands open to the general public.

Section 5 relates to the fair market value of the parklands described in
section four of this act.

Section 6 states that 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
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.

Section 7 states the effective date.

 
JUSTIFICATION:

The Town of New Castle requests the introduction of home rule legis-
lation to authorize the Town Board to discontinue, alienate and convey
0.60 acres of public parkland located on North Way in the Town of New
Castle to Vivek and Chitra Agastya. In exchange, the Town Board shall
acquire and dedicate 0.60 acres of adjacent property owned by Vivek and
Chitra Agastya located along the north westerly portion of the property
at 45 North Way as public parkland. The Town of New Castle is developing
a multi-use trail that will provide a safe alternative pathway from
Horace Greeley High School and Chappaqua Crossing to the Chappaqua
Hamlet. The multi-use trail is referred to as the Chap Line. The path of
the Chap Line will follow the general route of the Westchester County
Sewer Trunk Line.  The proposed parkland alienation and land swap is
necessary to facilitate the future development of the Chap Line and
efficiently connect segments of the proposed Chap Line. A portion of the
Chap Line will be constructed on the newly acquired and dedicated prop-
erty. The Town-owned parkland to be alienated was dedicated as parkland
by the Town Board to be used as a bird sanctuary on December 11, 1951.
The parkland area to be alienated is par t of an existing 9.8-acre open
space parcel. The land swap will preserve the bird sanctuary and total
9.8-acres of open space.The newly acquired and dedicated parcel has
greater potential for recreational usefulness compared to the alienated
parkland area because of its advantageous position in the development of
the Chap Line.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S6046A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6046--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   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  the  lands  more  particularly
 described in section three of this act.
   §  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 the lands described in section four of this
 act, and the town of New Castle dedicate such lands as parklands open to
 the general public.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued 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
 Records on April 29, 1929, as Map No.   3424, said property  being  more
 particularly bounded and described as follows:

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

                                                            LBD10605-02-1

 S. 6046--A                          2
 
 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. The lands required by section two of this act to be  conveyed  to
 the  town  of  New  Castle  by Vivek and Chitra Agastya and dedicated as
 parklands open to the general public are 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;
 South  26 degrees 31 minutes 40 seconds West a distance of 38.1 feet +/-
 to a point;

 S. 6046--A                          3
 
 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.

2021-S6046B (ACTIVE) - Details

See Assembly Version of this Bill:: A7033
Law Section:: Westchester County

2021-S6046B (ACTIVE) - Summary

2021-S6046B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6046B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to authorizing the town of New Castle, county of Westchester, to
alienate and discontinue the use of certain parklands

 
SUMMARY OF PROVISIONS:

Section 1 grants the town of New Castle, county of Westchester, the
authorization to discontinue as parklands the lands more particularly
described in section three of this act.

Section 2 provisions are given that the authorization provided by

section one shall only be effective upon the condition that Vivek and
Chitra Agastya convey to the town of New Castle the property described
in section four as parklands, provided that the town of New Castle has
never used such lands for public open space or park purposes.

Section 3 describes the lands discontinued as parklands authorized in
section one of this act.

Section 4 describes the lands required by section two of this act to be
conveyed to the town of New Castle by Vivek and Chitra Agastya and dedi-
cated as parklands open to the general public.

Section 5 relates to the fair market value of the parklands described in
section four of this act.

Section 6 states that 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
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.

Section 7 states the effective date.

 
JUSTIFICATION:

The Town of New Castle requests the introduction of home rule legis-
lation to authorize the Town Board to discontinue, alienate and convey
0.60 acres of public parkland located on North Way in the Town of New
Castle to Vivek and Chitra Agastya. In exchange, the Town Board shall
acquire and dedicate 0.60 acres of adjacent property owned by Vivek and
Chitra Agastya located along the north westerly portion of the property
at 45 North Way as public parkland. The Town of New Castle is developing
a multi-use trail that will provide a safe alternative pathway from
Horace Greeley High School and Chappaqua Crossing to the Chappaqua
Hamlet. The multi-use trail is referred to as the Chap Line. The path of
the Chap Line will follow the general route of the Westchester County
Sewer Trunk Line.  The proposed parkland alienation and land swap is
necessary to facilitate the future development of the Chap Line and
efficiently connect segments of the proposed Chap Line. A portion of the
Chap Line will be constructed on the newly acquired and dedicated prop-
erty. The Town-owned parkland to be alienated was dedicated as parkland
by the Town Board to be used as a bird sanctuary on December 11, 1951.
The parkland area to be alienated is par t of an existing 9.8-acre open
space parcel. The land swap will preserve the bird sanctuary and total
9.8-acres of open space.The newly acquired and dedicated parcel has
greater potential for recreational usefulness compared to the alienated
parkland area because of its advantageous position in the development of
the Chap Line.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S6046B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6046--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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

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

                                                            LBD10605-05-1

 S. 6046--B                          2
 
 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 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;

 S. 6046--B                          3
 
 RUNNING  THENCE  over  and  across  lands now or formerly of Agastya the
 following courses and distances;
 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.

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