Bill Text: NY S09332 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes the town of Oyster Bay to discontinue as parklands and convey such parkland to the department of environmental conservation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-13 - REFERRED TO LOCAL GOVERNMENT [S09332 Detail]

Download: New_York-2023-S09332-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9332

                    IN SENATE

                                      May 13, 2024
                                       ___________

        Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT in relation to authorizing the town of Oyster Bay to  discontinue
          as  parklands  and  convey such parkland to the department of environ-
          mental conservation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subject to the provisions of this act, the town of Oyster
     2  Bay acting through its legislative body and upon such terms  and  condi-
     3  tions  agreed upon by the town of Oyster Bay and the department of envi-
     4  ronmental conservation is hereby authorized to  discontinue  and  convey
     5  town  parkland  more particularly described in section three of this act
     6  to the department of environmental  conservation  for  the  purposes  of
     7  providing public access to parkland.
     8    §  2.  The  authorization provided in section one of this act shall be
     9  effective only upon the condition that the department  of  environmental
    10  conservation  convey  to  the town of Oyster Bay, and the town of Oyster
    11  Bay acquire and dedicate the lands described in section four of this act
    12  as parklands, provided that the town of Oyster Bay has never  used  such
    13  lands for public open space or park purposes.
    14    § 3. The real property authorized to be conveyed by the town of Oyster
    15  Bay  pursuant  to section one of this act is more particularly described
    16  as follows:
    17    PARCEL 1
    18    COMMENCING at the intersection of the northerly side of Jericho  Turn-
    19  pike  (NYS  Route 25) with the southeasterly corner of the Map of Hamlet
    20  East, filed in the Office of the Clerk of the County of  Nassau  on  the
    21  25th  day  of  August  1987  as  Map  No. CAS-138, as amended by Map No.
    22  CA-138A, filed in the Office of the Clerk of the County of Nassau on the
    23  21st day of April, 1988 and  running  thence  the  following  three  (3)
    24  courses:
    25  North  25  degrees 26 minutes 00 seconds West, a distance of 852.68 feet
    26  to a point, thence

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15344-01-4

        S. 9332                             2

     1  North 18 degrees 05 minutes 55 seconds West, a distance of 1,328.83 feet
     2  to a point; thence
     3  North  64 degrees 18 minutes 05 seconds East, a distance of 1045.00 feet
     4  to the True Point or Place of Beginning and running thence the following
     5  four (4) courses:
     6  North 11 degrees 55 minutes 25 seconds East, a distance of  884.84  feet
     7  to  a  point on the southerly side of Cedar Swamp Road (variable width),
     8  thence
     9  Continuing along said southerly side  of  Cedar  Swamp  Road,  South  67
    10  degrees 27 minutes 51 seconds East, a distance of 98.82 feet to a point,
    11  thence
    12  Continuing  along  the  same,  along  the  arc of a curve bearing to the
    13  right, having a radius of 1,100.92 feet, an arc length of  738.84  feet,
    14  an  internal  angle  of  38  degrees 27 minutes 08 seconds, and having a
    15  chord that bears South 48 degrees 14 minutes 18 seconds East, a distance
    16  of 725.06 feet to a point, thence
    17    Leaving said southerly side of Cedar Swamp Road, South 67  degrees  03
    18  minutes  24 seconds West, a distance of 884.94 feet to the True Point or
    19  Place of Beginning, containing 362,874 feet square  feet  (8.330  acres)
    20  more or less.
    21    PARCEL 2
    22    All  that  certain  plot,  piece  or parcel of land situate, lying and
    23  being in the Town of Oyster Bay, County of Nassau and State of New York,
    24  being part of Lot 4 in Block A  of  Section  27  of  the  Nassau  County
    25  Department  of  Assessment  Land and Tax Map and being more particularly
    26  described as follows:
    27  Beginning at a point on the northerly side of  West  End  Avenue  (Shore
    28  Avenue), said point being the southerly end of the division line between
    29  lands now or formerly of The People of the State of New York, Department
    30  of  Environmental  Conservation  known  as Section 27 Block A Lot 222 as
    31  shown on the Nassau County Land and Tax Map on the west, and  lands  Now
    32  or  Formerly of the Town of Oyster Bay known as Section 27 Block A Lot 4
    33  as shown on the Nassau County Land and Tax Map, formerly lands  of  Rial
    34  Realty Corporation on the east and running thence:
    35  North  4  degrees  41  minutes  40 seconds East, 301.67 feet to a point;
    36  thence
    37  North 61 degrees 53 minutes 40 seconds East,  17.85  feet  to  a  point;
    38  thence
    39  South  4  degrees  41 minutes 40 seconds West, 311.12 feet to a point in
    40  the northerly line of West End Avenue (Shore Avenue); thence
    41  North 86 degrees 13 minutes 52 seconds West, 15.00 feet to the point  or
    42  place of Beginning.
    43    Said above described parcel of land containing within said bounds 0.10
    44  Acre, more or less.
    45    §  4. The real property authorized to be conveyed by the department of
    46  environmental conservation pursuant to section two of this act  is  more
    47  particularly described as follows:
    48    PARCEL 1
    49    All  that  certain  plot,  piece  or parcel of land situate, lying and
    50  being in the Town of Oyster Bay, County of Nassau and State of New York,
    51  being part of Lot 222 in Block A of Section  27  of  the  Nassau  County
    52  Department  of  Assessment  Land and Tax Map and being more particularly
    53  described as follows:
    54    Beginning at a point on the northerly side of West End  Avenue  (Shore
    55  Avenue),  said  point being North 86 degrees 13 minutes 52 seconds West,
    56  173.93 feet from the southerly end of the division  line  between  lands

        S. 9332                             3

     1  now  or  formerly  of The People of the State of New York, Department of
     2  Environmental Conservation known as Section 27 Block A Lot 222 as  shown
     3  on  the  Nassau  County  Land  and Tax Map on the west, and lands Now or
     4  Formerly  of the Town of Oyster Bay known as Section 27 Block A Lot 4 as
     5  shown on the Nassau County Land and Tax  Map,  formerly  lands  of  Rial
     6  Realty Corporation on the east and running thence:
     7  Along  the  northerly  side  of  West End Avenue (Shore Avenue) North 86
     8  degrees 13 minutes 52 seconds West, 230.41 feet to a point; thence
     9  North 4 degrees 41 minutes 40 seconds East, 165.64 feet to a 5/8" capped
    10  rebar; thence
    11  South 86 degrees 50 minutes 44 seconds East, 59.57 feet to a 5/8" capped
    12  rebar: thence
    13  North 4 degrees 41 minutes 40 seconds East,  116.43  feet  to  a  capped
    14  rebar; thence
    15  South  89  degrees  57  minutes  20 seconds East, 45.00 feet to a capped
    16  rebar; thence
    17  South 66 degrees 46 minutes 21 seconds  East,  105.45  feet  to  a  5/8"
    18  capped rebar; thence
    19  North  77  degrees  40  minutes  56 seconds East, 51.60 feet to a point;
    20  thence
    21  South 4 degrees 28 minutes 47 seconds  West,  38.52  feet  to  a  point;
    22  thence
    23  North  86  degrees  33  minutes  43  seconds West, 5.65 feet to a point;
    24  thence
    25  South 42 degrees 24 minutes 56 seconds West,  44.16  feet  to  a  point;
    26  thence
    27  Southwardly along the arc of a curve bearing to the left having a radius
    28  of  15.67  feet,  and  a  chord  bearing  South 22 degrees 56 minutes 02
    29  seconds West with a chord length of 10.04 feet, an arc distance of 10.22
    30  feet to a point; thence
    31  South 4 degrees 15 minutes 21 seconds West,  129.80  feet  to  a  point;
    32  thence
    33  South  6  degrees  09  minutes  25  seconds East, 34.45 feet to a point;
    34  thence
    35  South 25 degrees 57 minutes 11 seconds East, 12.98 feet to the point  or
    36  place of Beginning.
    37  Said  above  described parcel of land containing within said bounds 1.25
    38  Acres, more or less.
    39  PARCEL 2
    40  All that certain plot, piece or parcel of land situate, lying and  being
    41  in the Town of Oyster Bay, County of Nassau and State of New York, being
    42  shown  as  Lots  5  and 33 in Block A of Section 27 of the Nassau County
    43  Department of Assessment Land and Tax Map and  being  more  particularly
    44  described as follows:
    45  Beginning  at a 5/8" capped rebar on the westerly side of Bayside Avenue
    46  (not open or improved, a paper street) at the division line between  the
    47  herein  described parcel on the north and lands of the Long Island Rail-
    48  road on the south, said point also being  the  southeasterly  corner  of
    49  lands  designated  as  Tax  Map  Section 27, Block A, Lot 33 and running
    50  thence:
    51  Along the northerly line of  lands  of  the  Long  Island  Railroad  the
    52  following three (3) courses:
    53  1.  North  88  degrees  35 minutes 24 seconds West, 99.09 feet to a 5/8"
    54  capped rebar; thence
    55  2. North 86 degrees 18 minutes 01 second West, 500.29  feet  to  a  5/8"
    56  capped rebar; thence

        S. 9332                             4

     1  3.  North  88 degrees 35 minutes 26 seconds West, 126.82 feet to a point
     2  in a stream; thence
     3  North  1 degree 16 minutes 39 seconds East, 105.17 feet to a 5/8" capped
     4  rebar in the southerly line of West End Avenue (Shore Avenue); thence
     5  Along the southerly line of West End Avenue  (Shore  Avenue),  South  86
     6  degrees 07 minutes 31 seconds East, 596.39 feet to a point; thence
     7  Still  along the southerly line of West End Avenue (Shore Avenue), South
     8  88 degrees 35 minutes 25 seconds East,  89.19  feet  to  a  5/8"  capped
     9  rebar, thence
    10  South 59 degrees 33 minutes 25 seconds East, 86.39 feet to a 5/8" capped
    11  rebar  in  the  westerly line of Bayside Avenue (not open or improved, a
    12  paper street); thence
    13  South 32 degrees 16 minutes 34 seconds West, 67.09 feet to the point  or
    14  place of Beginning.
    15  Said  above  described parcel of land containing within said bounds 1.68
    16  Acres, more or less.
    17    § 5. In the event that the town of Oyster  Bay  received  any  funding
    18  support  or  assistance  from  the  federal government for the purchase,
    19  maintenance or improvement of the parklands set forth in  section  three
    20  of  this act, the discontinuance and alienation of such parkland author-
    21  ized by the provisions of this act shall not occur  until  the  town  of
    22  Oyster  Bay has complied with any federal requirements pertaining to the
    23  alienation or conversion of parklands, including satisfying  the  secre-
    24  tary of the interior that the alienation or conversion complies with all
    25  conditions which the secretary of the interior deems necessary to ensure
    26  the substitution of other lands shall be equivalent in fair market value
    27  and usefulness to the lands being alienated or converted.
    28    § 6. This act shall take effect immediately.
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