444 



PARKS 



3. Such commission is hereby authorized to control 

 and manage any and all parks, which are now owned or 

 have been acquired or may be hereafter acquired 

 whether in fee or in trust by the county of Westchester 

 and may consider, investigate and recommend for selec- 

 tion and location such additional real estate in the 

 county of Westchester as may in its opinion be proper 

 and desirable to be reserved, set apart, or acquired for 

 one or more parks, parkways or boulevards, including 

 the approaches thereto, streets connecting therewith 

 and the relocation of existing streets. Such commission 

 may for the purposes of this Act by its members, officers, 

 agents or employees enter upon any real estate or 

 interest therein for the purpose of making such surveys, 

 examinations and investigations as it may deem neces- 

 sary in the performance of its duties. Such commission 

 may, if possible, make option agreements at a reason- 

 able consideration for the acquiring by purchase of the 

 real estate recommended or to be recommended for park 

 purposes, but such option agreements shall not be 

 exercised unless or until the board of supervisors has 

 approved the taking of such real estate and made an 

 appropriation therefor. Such commission shall from 

 time to time report such consideration and investiga- 

 tions in detail with any optional agreements it may 

 have made, including the estimated cost of such pro- 

 posed parks, parkways or boulevards to the board of 

 supervisors, together with any preliminary map or 

 description showing the real estate to be selected and 

 located for park purposes, together with any other data 

 relating thereto. Thereafter the board of supervisors 

 at any regular, special or monthly meeting may by 

 resolution authorize the acquiring of any part or all of 

 such property for one or more of the purposes of this 

 Act. Said board of supervisors shall thereupon estimate 

 the cost of same and make immediately available the 

 necessary appropriation therefor and from time to time 

 authorize the issuing of certificates of indebtedness for 

 the same to be payable out of the proceeds of bonds to 

 be issued as hereinafter provided. In case it is found 

 that the actual cost will exceed such estimated cost 

 the board of supervisors of said county may make such 

 additional estimates of cost as it deems necessary and 

 proper and shall appropriate and make immediately 

 available any such additional estimates of cost in the 

 same manner as the original estimate of cost. The term 

 "park" or "parks" as used in this Act, unless specifi- 

 cally limited, shall be deemed to include all public 

 parks, parkways, beaches, open spaces and boulevards; 

 and also entrances and approaches thereto and streets, 

 roads, docks and bridges between, to, in, through or 

 connecting such park or parks or parts thereof and such 

 other rights and appurtenances as the park commission 

 shall utilize for the purposes of this Act, whether the 

 same be now or hereafter owned or acquired in fee or 

 otherwise by the county of Westchester. 



4. The park commission after the approval by the 



board of supervisors, and before acquiring by con- 

 demnation any of the real estate, rights or interests 

 therein for the purposes set forth in this Act shall cause 

 to be prepared and shall approve a map or maps of such 

 lands so to be acquired or taken as approved by the 

 board of supervisors with a certificate, showing such 

 approval endorsed thereon and signed by the president 

 and secretary of the commission or by a majority of the 

 commissioners and shall then cause such map or maps 

 to be filed in the office of the county clerk of the county 

 of Westchester. Any map or maps so approved and 

 filed may be amended by a subsequent map or maps 

 approved and filed as was the original and thereafter 

 all proceedings shall be had in reference to the last 

 amended map. Said map or maps or amended map or 

 maps shall show the real estate to be taken or acquired 

 and shall also distinguish between the parcel or parcels 

 the fee of which is to be acquired, and the parcel or 

 parcels wherein a lesser estate or an easement in per- 

 petuity or for temporary use are to be acquired. The 

 certificate of approval of the said map or maps by the 

 said park commission shall be a sufficient determination 

 of the estate to be acquired therein. The acquiring, 

 improving and embellishment of parks under the juris- 

 diction of the park commission or lands acquired as 

 in this Act provided, together with the maintenance 

 thereof and all incidental proceedings in connection 

 therewith for the purpose of carrying out the provisions 

 of this Act are hereby declared to be for a county 

 purpose. 



5. The park commission may agree with the owner 

 or persons interested in any real estate or easement laid 

 down or shown on said map, or maps so approved, 

 either for the acquiring of the fee thereof, a lesser estate 

 or an easement therein as specified on said map or maps 

 as to the compensation to be paid to such owner or 

 owners or persons interested, for the taking or using 

 and occupying such real estate or interest therein and 

 the compensation so agreed upon shall be paid out of 

 the moneys made available as in this Act provided. 

 The title to said lands shall be taken in the name of the 

 county of Westchester. The term "real estate" as used 

 in this Act shall be construed to signify and embrace 

 all uplands, lands under water, the water of any lake, 

 pond or stream of water or mill rights or privileges 

 and any and all easements and incorporeal heredita- 

 ments and every estate, interest and right, legal and 

 equitable in lands or water, including terms for years 

 and liens thereon by way of judgment, mortgage or 

 otherwise and also all claims for damage for such 

 property. It shall also be construed to include all real 

 property or interest therein heretofore or hereafter 

 acquired or used for railroad, railway, highway or other 

 public or municipal purposes, provided that persons or 

 corporations owning such property or claiming interest 

 therein which is used as a public utility shall be allowed 

 the perpetual use for such purpose, or of such other real 



