S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10318
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Eachus) --
   read once and referred to the Committee on Local Governments
 
 AN ACT authorizing the town of New Windsor to alienate certain parklands
   for use as a sewer treatment plant and  to  dedicate  other  lands  as
   replacement 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
 Windsor,  located  in  the  county  of Orange, 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, for the purposes of
 construction and expansion of the town's new sewer treatment plant.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only upon the condition that the town of New Windsor dedicate
 the lands described in section four of this act as  parklands,  provided
 that  the  town of New Windsor has never used such lands for public open
 space or park purposes.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parklands are described as follows:
 
                               PARCEL I (D)
 
 All that certain tract, piece, or parcel of land situate in the Town  of
 New  Windsor,  County  of  Orange,  State  of New York lying Easterly of
 Butternut Drive and Northerly of County Route  74,  being  Parcel  D  as
 shown  on  a map entitled "Proposed Parkland Alienation Map Lands Now Or
 Formerly Of The Town Of New Windsor - Parkland Caesars  Lane  Wastewater
 Treatment  Plant,"  dated  March 15, 2024, Project No. 23.3664, Dwg. No.
 24-259, prepared by C.T. Male Associates, Engineering, Surveying, Archi-
 tecture, Landscape Architecture &  Geology,  D.P.C.  and  filed  in  the
 Orange  County  Clerk's  Office  and being more particularly bounded and
 described as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15574-01-4
              

 A. 10318                            2
 
 COMMENCING at the point of intersection of the Southeasterly road bound-
 ary of Butternut Drive at its point of intersection with  the  Northerly
 boundary of County Route 74 (a.k.a. Forge Hill Road);
 thence  from  said  Point  of Commencement along said Southeasterly road
 boundary the following two (2) courses:
 1) North 39 deg. 22 min. 45 sec. East 422.14 feet; and
 2) along a curve to the left having a radius of 125.00 feet and  an  arc
 length  of  2.82  feet, the chord for said course being North 38 deg. 43
 min. 57 sec. East 2.82 feet to the True  Point  of  Beginning  and  runs
 thence  from said Point of Beginning continuing along the Easterly high-
 way boundary of Butternut Drive the following two (2) courses:
 1) along a curve to the left having a radius of 125.00 feet and  an  arc
 length  of  74.74 feet, the chord for said course being North 20 deg. 57
 min. 27 sec. East 73.63 feet to a point of tangency; and
 2) North 03 deg. 49 min. 47 sec. East 62.02 feet to its point of  inter-
 section  with the division line between the lands now or formerly of the
 Town of New Windsor as described in Book 2107 at Page 1131 (Parcel 3) on
 the South and Lot 1 as shown on a map entitled "Butter Hill  Subdivision
 Section - 10," filed in the Orange County Clerk's Office as Map No. 8585
 on the North;
 thence  along  the last mentioned division line South 75 deg. 28 min. 30
 sec. East 98.37 feet to the most Southerly corner of said Lot 1;
 thence through said Parcel 3 South 49 deg. 52 min. 10 sec.  West  164.41
 feet  to  the  point  or place of beginning and containing 5,650± square
 feet or 0.13 acre of land, more or less.
 
                               PARCEL II (F)
 
 All that certain tract, piece, or parcel of land situate in the Town  of
 New Windsor, County of Orange, State of New York lying generally Easter-
 ly  of Butternut Drive and generally Northerly of County Route 74, being
 Parcel F as shown on a map entitled "Proposed  Parkland  Alienation  Map
 Lands Now Or Formerly Of The Town Of New Windsor - Parkland Caesars Lane
 Wastewater  Treatment Plant," dated March 15, 2024, Project No. 23.3664,
 Dwg. No. 24-259, prepared by C.T. Male Associates, Engineering,  Survey-
 ing, Architecture, Landscape Architecture & Geology, D.P.C. and filed in
 the Orange County Clerk's Office and being more particularly bounded and
 described as follows:
 COMMENCING  at  the point of intersection of the Northerly road boundary
 of County Route 74 (a.k.a. Forge  Hill  Road)  with  the  division  line
 between  the  lands  now  or  formerly  of  the  Town  of New Windsor as
 described in Book 14126 at Page 266 (Parcel 2) on the West and the lands
 now or formerly of Forge Hill Holdings, LLC as described in  Book  15076
 at  Page  1201  on  the East; thence from said Point of Commencement the
 following two (2) courses:
 1) North 16 deg. 31 min. 04 sec. East 150.00 feet;
 2) North 56 deg. 40 min. 08 sec. East 294.26 feet to the True  Point  of
 Beginning  and  runs thence from said Point of Beginning along the divi-
 sion line between said Parcel 2 generally on the Southwest and the lands
 now or formerly of the Town of New Windsor as described in Book 2107  at
 Page  1131 (Parcel 3) generally on the Northeast the following seven (7)
 courses:
 1) North 44 deg. 58 min. 11 sec. West 193.98 feet to a point;
 2) North 11 deg. 48 min. 11 sec. West 208.00 feet to a point;
 3) North 06 deg. 46 min. 49 sec. East 71.50 feet to a point;
 4) North 40 deg. 27 min. 51 sec. West 338.85 feet to a point;
 A. 10318                            3
 
 5) South 85 deg. 44 min. 49 sec. West 223.40 feet to a point;
 6) South 70 deg. 07 min. 49 sec. West 354.60 feet to a point; and
 7)  South  52  deg.  30 min. 49 sec. West 100.93 feet to a point; thence
 through said Parcel 3 South 87 deg. 41 min. 15 sec. West 156.03 feet  to
 a  point  on  the common division line between said Parcel 3 on the East
 and Lots 1 and 2 as shown on a map  entitled  "Butter  Hill  Subdivision
 Section  10,"  filed in the Orange County Clerk's Office as Map No. 8585
 on the West;
 thence along said common division line North 03 deg. 49 min. 47 sec.
 East 37.64 feet to a point; thence through said Parcel 3  the  following
 nineteen (19) courses:
 1) North 85 deg. 18 min. 01 sec. East 136.71 feet to a point;
 2) North 71 deg. 23 min. 39 sec. East 567.58 feet to a point;
 3) South 80 deg. 29 min. 04 sec. East 121.46 feet to a point;
 4) South 57 deg. 49 min. 56 sec. East 89.09 feet to a point;
 5) South 85 deg. 20 min. 29 sec. East 116.26 feet to a point;
 6) South 40 deg. 23 min. 39 sec. East 351.33 feet to a point;
 7) South 82 deg. 12 min. 28 sec. East 57.93 feet to a point;
 8) North 61 deg. 46 min. 55 sec. East 33.60 feet to a point;
 9) North 51 deg. 11 min. 23 sec. East 29.23 feet to a point;
 10) North 73 deg. 21 min. 00 sec. East 99.20 feet to a point;
 11) North 75 deg. 17 min. 17 sec. East 112.32 feet to a point;
 12) North 67 deg. 56 min. 13 sec. East 87.27 feet to a point;
 13) North 70 deg. 33 min. 51 sec. East 103.85 feet to a point;
 14) North 74 deg. 12 min. 07 sec. East 156.07 feet to a point;
 15) North 15 deg. 06 min. 33 sec. East 215.10 feet to a point;
 16) South 71 deg. 47 min. 02 sec. East 66.12 feet to a point;
 17) South 65 deg. 02 min. 20 sec. East 131.07 feet to a point;
 18) South 52 deg. 25 min. 09 sec. East 82.32 feet to a point; and
 19)  South  22  deg.  32 min. 34 sec. East 164.39 feet to a point on the
 division line between said Parcel 3 on the Northwest and the  lands  now
 or  formerly  of N&C Land Corp. as described in Book 5909 at Page 216 on
 the Southeast;
 thence along said division line the following three (3) courses:
 1) South 49 deg. 27 min. 57 sec. West 79.32 feet to a point;
 2) South 53 deg. 19 min. 19 sec. West 240.04 feet to a point; and
 3) South 22 deg. 14 min. 01 sec. East 184.92 feet to its point of inter-
 section with the division line between said Parcel 3  on  the  Northwest
 and  the  said  lands  now or formerly of Forge Hill Holdings LLC on the
 Southeast;
 thence along the last mentioned division line the  following  three  (3)
 courses:
 1) South 68 deg. 30 min. 44 sec. West 687.71 feet to a point;
 2) North 58 deg. 12 min. 11 sec. West 225.00 feet to a point; and
 3)  North  44 deg. 58 min. 11 sec. West 37.51 feet to the point or place
 of beginning and containing 590,196± square feet or 13.55 acres of land,
 more or less.
 
                              PARCEL III (G)
 
 All that certain tract, piece, or parcel of land situate in the Town  of
 New  Windsor,  County  of  Orange,  State of New York lying Southerly of
 Caesars Lane being Parcel G as shown on a map entitled  "Proposed  Park-
 land  Alienation  Map Lands Now Or Formerly Of The Town Of New Windsor -
 Parkland Caesars Lane Wastewater Treatment Plant," dated March 15, 2024,
 Project No. 23.3664, Dwg. No. 24-259, prepared by C.T. Male  Associates,
 A. 10318                            4
 
 Engineering,  Surveying, Architecture, Landscape Architecture & Geology,
 D.P.C. and filed in the Orange County  Clerk's  Office  and  being  more
 particularly bounded and described as follows:
 COMMENCING  at a point on the Southerly road boundary of Caesars Lane at
 its point of intersection with the  common  division  line  between  the
 lands  now  or  formerly of the Town of New Windsor as described in Book
 2107 at Page 1131 (Parcel 3) on the East and Lots 54, 53, 52, and 51  as
 shown  on a map entitled "Butter Hill Subdivision Section - 1," filed in
 the Orange County Clerk's Office as Map No. 6289 on the West;
 thence from said Point of Commencement along said Southerly road bounda-
 ry of Caesars Lane the following six (6) courses:
 1) South 74 deg. 51 min. 17 sec. East 125.63 feet to a point;
 2) South 60 deg. 28 min. 06 sec. East 22.57 feet to a point;
 3) North 88 deg. 01 min. 54 sec. East 32.27 feet to a point;
 4) South 79 deg. 36 min. 50 sec. East 150.55 feet to a point;
 5) South 53 deg. 39 min. 06 sec. East 144.71 feet to a point; and
 6) South 38 deg. 00 min. 06 sec. East 63.24 feet to the  True  Point  of
 Beginning  and runs thence from said Point of Beginning along the South-
 erly road boundary of Caesars Lane the following two (2) courses:
 1) South 22 deg. 53 min. 06 sec. East 38.56 feet to a point; and
 2) South 23 deg. 24 min. 46 sec. East 33.51 feet to its point of  inter-
 section with the Easterly boundary of said Parcel 3;
 thence along said Easterly boundary the following two (2) courses:
 1) South 16 deg. 06 min. 04 sec. West 24.08 feet to a point; and
 2)  South 16 deg. 06 min. 04 sec. West 98.83 feet to its point of inter-
 section with the division line between said Parcel 3 on  the  North  and
 the  lands  now  or  formerly of the Town of New Windsor as described in
 Book 1784 at Page 128 (Parcel 5) on the South;
 thence along the division line between said Parcel 3 on  the  North  and
 West  and  said  Parcel  5  on  the South and East the following two (2)
 courses:
 1) South 74 deg. 21 min. 20 sec. West 257.22 feet to a point; and
 2) South 18 deg. 16 min. 14 sec. West 326.41 feet to its point of inter-
 section with the division line between said Parcel 3  on  the  Northwest
 and the lands now or formerly of the Town of New Windsor as described in
 Book 1619 at Page 1146 (Parcel 4) on the Southeast;
 thence  along  the last mentioned division line South 30 deg. 36 min. 04
 sec. West 545.00 feet to a point;  thence  through  said  Parcel  3  the
 following three (3) courses:
 1) North 18 deg. 29 min. 59 sec. West 237.91 feet to a point;
 2) North 29 deg. 42 min. 22 sec. East 743.67 feet to a point; and
 3)  North 64 deg. 38 min. 35 sec. East 376.47 feet to the point or place
 of beginning and containing 185,451± square feet or 4.23 acres of  land,
 more or less.
   §  4. Prior to the discontinuance and alienation of parkland described
 in section three of this act, the town of New  Windsor,  acting  by  and
 through  its  governing body, shall dedicate replacement land for use as
 parklands described as follows:
 
                                 PARCEL A
 
 All that certain tract, piece, or parcel of land situated in the Town of
 New Windsor, County of Orange, State of New York, bounded and  described
 as follows:
 BEGINNING  at  a  point  in  common  with  the  approximate  Town of New
 Windsor/Town of Cornwall Municipal Line, said point also being  a  point
 A. 10318                            5
 
 in  common  with the lands now or formerly of Frank A. Calvari, Sr., Tax
 map Section 4, Block 1, Lot 10.1 of the Town  of  Cornwall,  said  point
 being  further  referenced as being a point in common with the remaining
 lands  of  Meadowbrook Estates Major Subdivision as shown on a map enti-
 tled "Meadowbrook Estates Minor  Subdivision  -  Subdivision  Plan",  as
 prepared by Pietrzak & Pfau Engineering & Surveying, PLLC;
 and running thence along said remaining lands N66°24'58"W 366 feet;
 Thence N47°02'25"E 327.85 feet;
 Thence N06°50'32"W 787.62 feet;
 Thence N43°14'13"E 43.86 feet;
 Thence N47°17'18"W 205.52 feet;
 Thence N33°36'09"E 206.16 feet to a point of curvature;
 Thence  on  a  curve to the left with a radius of 225.00 feet and an arc
 length of 187.37 feet to a point of tangency;
 Thence N14°06'37"W 211.63 feet to a point of curvature;
 Thence on a curve to the left with a radius of 525.00 feet  and  an  arc
 length of 92.47 feet to a point of tangency;
 Thence N24°12'08" 322.51 to a point of curvature;
 Thence  on  a  curve to the left with a radius of 225.00 feet and an arc
 length of 91.67 feet to a point of tangency;
 Thence N47°32'42"W 105.46 feet to a point of curvature;
 Thence on a curve to the right with a radius of 175.00 feet and  an  arc
 length of 130.43 feet to a point of tangency;
 Thence N04°50'29"W 22.97 feet to a point in common with the lands now or
 formerly  of Mount Airy Estates, Inc., Tax Map Section 77, Block 10, Lot
 5;
 Thence N85°09'31"E 680.80 feet to a point in common with  lands  now  or
 formerly  of Hakaj, Tax Map Section 77, Block 9, Lot 6, said point being
 further referenced as being a point in common with lands now or formerly
 of the Town of Windsor, Tax Map Section 65, Block 1, Lot 62;
 Thence along said lot 62 N82°45'08"E 164.12 feet;
 Thence N85°49'46"E 155.05 feet;
 Thence S06°27'51"E 644.70 feet;
 Thence N85°48'15"E 568.38 feet;
 Thence N84°57'25"E 674.86 feet to a point in common with  lands  now  or
 formerly  of  John J. Desmond, Jr., Tax Map Section 65, Block 1, Lot 60,
 said point being further referenced as being  a  point  in  common  with
 lands  now  or  formerly  of Michael Wygant and Christine Davis, Tax Map
 Section 66, Block 1, Lot 1;
 Thence S12°33'38"E 198.32 feet to a point in common with  lands  now  or
 formerly  of  Michael  Wygant  and  Christine Davis, Tax Map Section 66,
 Block 1, Lot 2, said point being further referenced as a point in common
 with the portion of property to be combined with  Tax  Map  Section  66,
 Block 1, Lot 2, as shown on the above mentioned map;
 Thence  along  all  said  property  to be combined as shown as the above
 mentioned map S78°48'52"W 50.00 feet;
 Thence S11°11'08"E 122.80 feet;
 Thence N78°48'52"E feet to a point in common with lands now or  formerly
 of  Rita  M. Harris, Tax Map Section 66, Block 1, Lot 3, as shown on the
 above mentioned map;
 Thence along said Lot 3 S09°54'02"E 125.91 feet to  a  point  in  common
 with  Lot 90 as shown on the map above, said point also being a point in
 common with lands now or formerly of Franklin and Annabelle  Smith,  Tax
 Map Section 66, Block 1, Lot 4;
 Thence along said Lot 90 S48°15'44"W 175.61 feet;
 A. 10318                            6
 
 Thence  S03°28'02"E  461.37  feet to a point in common with lands now or
 formerly of James and Evelyn Dolan, Tax Map Section 66, Block 1, Lot  8;
 Thence  along  said  Lot  8 S25°06'38"E 315.91 feet to a point in common
 with the approximate Town of New Windsor / Town  of  Cornwall  Municipal
 Line;
 Thence  along  said Municipal Line S81°50'01"W 610.06 feet to a point in
 common with lands now or formerly of Frank Real Estate, Tax Map  Section
 65, Block 1, Lot 61.2 as shown on the above mentioned map;
 Thence along said Lot 61.2 N21°39'24"W 408.08 feet;
 Thence S62°21'03"W 843.16 feet;
 Thence  S38°47'38"E  275.50  feet to a point in common with lands now or
 formerly of RRWC, LLC, Tax Map Section 4, Block 1, Lot 11.2;
 Thence S63°56'54"W 390.03 feet;
 Thence S34°56'30"E 201.10 feet;
 Thence S55°03'30"W 255.34 feet;
 Thence S34°56'30"E 84.25 feet to the point or place of beginning.   Such
 parcel containing 74.76± acres of land.
 
                                 PARCEL B
 
 All  that certain tract, piece, or parcel of land situate in the Town of
 New Windsor, County of Orange, State of New York lying generally  South-
 east of Butternut Drive and Northerly of County Route 74, being Parkland
 Parcel  B  as  shown on a map entitled "Proposed Parkland Alienation Map
 Lands Now Or Formerly Of The Town Of New Windsor - Parkland Caesars Lane
 Wastewater Treatment Plant," dated March 15, 2024, Project No.  23.3664,
 Dwg.  No. 24-259, prepared by C.T. Male Associates, Engineering, Survey-
 ing, Architecture, Landscape Architecture & Geology, D.P.C. and filed in
 the Orange County Clerk's Office and being more particularly bounded and
 described as follows:
 BEGINNING at the point of intersection of the division line between  the
 lands  now  or  formerly of the Town of New Windsor as described in Book
 14126 at Page 266 on the Southeast and other lands now  or  formerly  of
 the  Town  of  New Windsor as described in Book 2107 at Page 1131 on the
 Northwest with the Northerly road boundary of County  Route  74  (a.k.a.
 Forge  Hill Road) and runs thence from said point of beginning along the
 first herein mentioned division line the following four (4) courses:
 1) North 41 deg. 25 min. 48 sec. East 109.30 feet to a point;
 2) North 36 deg. 46 min. 49 sec. East 155.60 feet to a point;
 3) North 52 deg. 35 min. 49 sec. East 386.10 feet to a point; and
 4) North 52 deg. 30 min. 49 sec. East 94.67 feet to a point;
 thence through the said lands now or formerly of the Town of New Windsor
 as described in Book 14126 at Page 266 the following four (4) courses:
 1) South 49 deg. 57 min. 04 sec. East 205.22 feet to a point;
 2) South 45 deg. 00 min. 40 sec. East 334.41 feet to a point;
 3) South 59 deg. 11 min. 55 sec. East 245.74 feet to a point; and
 4) South 71 deg. 44 min. 57 sec. East 271.80 feet  to  a  point  on  the
 division  line between the said lands now or formerly of the Town of New
 Windsor as described in Book 14126 at Page 266 on the Northwest and  the
 lands  now  or  formerly of Forge Hill Holdings LLC as described in Book
 15076 at Page 1201 on the Southeast;
 thence along the last mentioned division  line  the  following  two  (2)
 courses:
 1) South 56 deg. 40 min. 08 sec. West 97.18 feet to a point; and
 2) South 16 deg. 31 min. 04 sec. West 150.00 feet to a point on the said
 Northerly road boundary of County Route 74 (a.k.a. Forge Hill Road);
 A. 10318                            7
 
 thence  along said Northerly road boundary the following ten (10) cours-
 es:
 1)  along  a  curve to the right having a radius of 1,560.23 feet and an
 arc length of 152.18 feet to a point, the chord for  said  course  being
 North 69 deg. 35 min. 10 sec. West 152.12 feet;
 2) North 21 deg. 09 min. 07 sec. West 55.45 feet to a point;
 3) North 65 deg. 13 min. 47 sec. West 251.79 feet to a point;
 4) North 65 deg. 34 min. 49 sec. West 87.24 feet to a point;
 5) North 78 deg. 16 min. 35 sec. West 194.00 feet to a point;
 6) South 83 deg. 26 min. 41 sec. West 79.92 feet to a point;
 7) South 88 deg. 48 min. 17 sec. West 150.48 feet to a point;
 8) North 81 deg. 25 min. 42 sec. West 143.63 feet to a point;
 9) South 74 deg. 47 min. 23 sec. West 105.95 feet to a point; and
 10) North 85 deg. 55 min. 17 sec. West 151.98 feet to the point or place
 of  beginning and containing 373,148± square feet or 8.57 acres of land,
 more or less.
   § 5. In the event that the fair market value of the  parklands  to  be
 dedicated  by  the town of New Windsor described in section four of this
 act are not equal to or greater than the fair market value of the  park-
 lands  to  be discontinued in section three of this act, the town of New
 Windsor 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 Windsor  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 parklands author-
 ized by the provisions of this act shall not occur until the town of New
 Windsor  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.