new legislation submitted re: tennis bubble at AF Veteran park

Assemblyman Tom Abinanti sent me the revised proposed law that would enable the town to lease our tennis courts at AF Veteran Town Park to a private company that would construct a temporary tennis bubble over the courts . The bubble will generate significant revenue for the town and will provide tennis lovers with the opportunity to enjoy tennis during off season months –when the courts are currently vacant. The following proposed law, which needs to be approved by the Senate and Assembly and signed into law by the Governor, incorporates some changes that were suggested by residents of the town in recent weeks. The Town Board will discuss at our work session tomorrow. The State Legislature is expected to adjourn for the year in late June so we are giving this priority attention.


PAUL FEINER



(Authorizes the town of Greenburgh,

county of Westchester to lease

certain park lands for tennis uses)

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Twn Greenburgh parkland lease

AN ACT

to authorize the town of Greenburgh,

county of Westchester to lease

certain park lands for tennis uses

The_People_of__the__State__of__New

York,___represented__in__Senate__and

Assembly,_do_enact_as_follows:

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1 Section 1. Notwithstanding the provisions of chapter 891 of the laws

2 of 1982 to the contrary, the town of Greenburgh acting by and through

3 its town board is hereby authorized and empowered to lease at fair

4 market value and upon such other terms and conditions as determined by

5 such board consistent with sections four and five of this act the lands

6 and improvements described in section three of this act for up to 30

7 years for the operation of seasonal tennis facilities.

8 § 2. The authorization provided in section one of this act shall be

9 effective only upon the condition that notwithstanding any other

10 provision of law to the contrary, the town of Greenburgh dedicate all

11 proceeds of such lease for the capital improvement of existing town park

12 and recreational facilities and/or for the acquisition of additional

13 town park and recreational facilities for the residents of the town of

14 Greenburgh that reside outside of any incorporated village in such town.

15 § 3. The lands and improvements referred to in section one of this act

16 which may be leased consist of tennis facilities and other appurtenances

17 related to the use of such tennis facilities located in the Anthony F.

18 Veteran Park in the town of Greenburgh, county of Westchester, state of

19 New York, the park being more particularly described as follows:

20 ALL that certain plot, piece or parcel of land, with the buildings and

21 improvements thereon erected, situate, lying and being in the Town of

22 Greenburgh, County of Westchester and State of New York, and being more

23 particularly bounded and described as follows:

24 BEGINNING at a point on the northerly line of the Sprain Brook Park-

25 way, where the same is intersected by the northeasterly boundary line of

26 land now or formerly of Robert Stephen Anthony as acquired by a deed

27 from John Canning, Jr., dated September 9th, 1952, recorded in Office of

28 the County Clerk of Westchester County, Division of Land Records, on

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1 September 10th, 1952, in Liber 5134 of conveyances, page 115, said point

2 of BEGINNING being distant North 43° 57' 40" East 272.43 feet from a

3 monument at the intersection of the southeasterly corner of said lands

4 so conveyed by the aforementioned deed with the northeasterly side of

5 Heatherdell Road; thence running along the last mentioned northeasterly

6 boundary line of Anthony, North 46° 02' 20" West 344.66 feet to a point;

7 thence running North 49° 20' 10" East 551.65 feet and North 17° 14' 40"

8 East 1005.00 feet to a corner in said land; thence running South 80° 25'

9 50" East 899.49 feet to the northerly line of Sprain Brook Parkway;

10 thence running along said lands the following courses and distances:

11 South 16° 58' 39" East 49.00 feet, South 43° 57' 57" West 734.75 feet,

12 South 61° 17' 40" West 135.00 feet and South 43° 57' 40" West 1067.57

13 feet to the point or place of BEGINNING, containing 20.46 acres more or

14 less.

15 TOGETHER with and subject to an easement in common with others over

16 the existing driveway running from Heatherdell Road through premises and

17 premises adjoining as set forth in Liber 3929 of conveyances, page 165,

18 and utility easements as recorded in the Book of Conveyances in Liber

19 5389, Page 204, and in Liber 5950, page 320.

20 ALSO known on the Official Tax Map of the Town of Greenburgh as Volume

21 8, Sheet 4, Parcel 4B, and of the Village of Ardsley as Sheet 1, Parcel

22 37B.

23 § 4. Should the leased park lands described in sections one and three

24 of this act cease to be used for the purposes described therein, the

25 lease shall terminate and those lands shall revert to the town of Green-

26 burgh consistent with its prior public park and recreational purposes.

27 § 5. Such leased park land and improvements described in sections one

28 and three of this act shall be made available to the general public on

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1 an equitable basis. Where availability of such public facilities is

2 limited, the use of such facilities must be determined by a written

3 policy, developed, posted and administered by the lessee in conjunction

4 with the town of Greenburgh.

5 § 6. The provisions of this act shall not affect any rights or deed

6 restrictions pursuant to the terms, conditions, and provisions of the

7 deed conveying interest in the park land described in this act to the

8 town of Greenburgh.

9 § 7. This act shall take effect immediately.