S T A T E O F N E W Y O R K
________________________________________________________________________
9807
I N S E N A T E
May 31, 2024
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Local Government
AN ACT in relation to authorizing the state to exchange parcels of land
located in the city of Yonkers, county of Westchester, with 140
Warburton LLC
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 but notwithstanding
any other provision of law to the contrary, the commissioner of general
services is hereby authorized, subject to the consent of the adjutant
general of New York, to convey and exchange state land in the city of
Yonkers, the county of Westchester, described in section two of this act
to 140 Warburton LLC in exchange for the land described in section three
of this act. The conveyance and exchange of the land described in
sections two and three of this act shall be only if the adjutant general
of New York determines that the parcels described in section three of
this act are of equal or greater fair market value to the parcels
described in section two of this act.
§ 2. The portion of land authorized by section one of this act to be
conveyed is described as follows:
All those parcels of land situate in the City of Yonkers, County of
Westchester, and State of New York, being more particularly bounded and
described as follows:
Beginning at the intersection of the northerly line of Quincy Place
with the easterly line of Warburton Avenue; thence North 15°00' East,
along the easterly line of Warburton Avenue a distance of 300 feet to
the northwesterly corner of Lot 10, Block 2013 as shown on the Official
Tax Map of the City of Yonkers; thence South 75° East, along the north-
erly boundary of said Lot 10 Block 2013 a distance of 100 feet, more or
less; thence southerly through lands of the People of the State of New
York to a point at on the southerly line of Quincy Place, said point
being 100 feet, more or less easterly of Warburton Avenue; thence North
75°33' West, along said southerly line a distance of 100 feet, more or
less, to the intersection of the southerly line of Quincy Place with the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15104-06-4
S. 9807 2
easterly line of Warburton Avenue; thence North 15°00' East, along the
easterly line of Warburton Avenue a distance of 30 feet to the point or
place of beginning.
Containing 0.75 acre, more or less.
Being a portion of lands conveyed to the People of the State of New
York recorded in the Westchester County Clerk's Office in Liber 7969 at
Page 646.
All those parcels of land shown as Lot 13, Lot 15, Lot 16, Lot 18 &
Lot 20, Block 2013 as shown on the Official Tax Map of the City of Yonk-
ers, being located at the intersection of the easterly side of Warburton
Avenue and the southerly side of Ashburton Avenue.
Containing 0.66 acre, more or less.
§ 3. In exchange for the conveyance of such lands and rights as are
described in section two of this act, 140 Warburton LLC shall convey to
the people of the state of New York parcels of land that are of equal or
greater fair market value to the parcels described in section two of
this act.
§ 4. The adjutant general of New York shall prescribe additional terms
in a contract for such exchange of lands including the requirement that
140 Warburton LLC contract for surveys, that adhere to specifications in
accordance with the standards and procedures for surveying and mapping
as adopted by the division of military and naval affairs, by a licensed
land surveyor of all parcels. Such contract shall not become binding
upon the state until approved by the attorney general and the comp-
troller. Title to the land to be conveyed to the state pursuant to the
provisions of such contract shall be approved by the attorney general
and the deed to the state shall be approved by the attorney general as
to form and manner of execution before such deed shall be accepted on
behalf of the state. Notwithstanding the provisions of the public lands
law, the conveyance of the state owned lands, pursuant to such contract,
shall be without reservation or exception except as provided for in such
contract. Upon certification by the adjutant general of New York to the
commissioner of general services of a copy of the contract and certif-
ication that 140 Warburton LLC has complied with all terms and condi-
tions of the contract upon its part to be kept and performed, together
with a description of each of the parcels to be exchanged, the commis-
sioner of general services shall convey all the right, title and inter-
est of the state in such land in accordance with the provisions of the
contract.
§ 5. The office of general services shall not transfer or convey the
aforesaid land unless the application is made to the office of general
services by 140 Warburton LLC within one year after the effective date
of this act.
§ 6. This act shall take effect immediately.