Bill Text: NY A09657 | 2013-2014 | General Assembly | Amended


Bill Title: Authorizes the county of Suffolk to alienate certain parcels of land used as parkland, to lease such land to the Elwood public library, and to acquire other parcels of land to replace such parkland.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2014-06-09 - print number 9657a [A09657 Detail]

Download: New_York-2013-A09657-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9657--A
                                 I N  A S S E M B L Y
                                     May 14, 2014
                                      ___________
       Introduced  by  M.  of  A.  LUPINACCI  --  read once and referred to the
         Committee on Local Governments -- committee discharged, bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT authorizing the county of Suffolk to alienate certain parcels of
         land used as parkland and to acquire other parcels of land to  replace
         such parkland
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The county of Suffolk, is hereby authorized to  discontinue
    2  the  use  of certain municipally owned parklands and to lease for a term
    3  not to exceed twenty-five years the parklands which are more particular-
    4  ly described in section three of this act to Elwood Public Library.
    5    S 2. The authorization contained in section one of this act shall only
    6  be effective on the condition that the county  of  Suffolk  acquire  and
    7  dedicate  lands  as new parklands the lands described in section four of
    8  this act, such land to be used for park purposes.
    9    S 3. The lands to be  discontinued  as  parklands  and  alienated  and
   10  conveyed consist of 1.2 acres and are described as follows:
   11    All  that  certain  plot, piece, or parcel of land, with the buildings
   12  and improvements thereon erected, situate, lying and being Town of Hunt-
   13  ington, County of Suffolk and State  of  New  York,  being  bounded  and
   14  described as follows:
   15    BEGINNING  at  a point on the westerly side of Cuba Hill Road distant,
   16  187.00 Feet southerly as measured along the westerly side of  Cuba  Hill
   17  Road from the extreme southerly end of the arc of a curve which connects
   18  the southerly side of Elbormar Drive with the westerly side of Cuba Hill
   19  Road.
   20    RUNNING  THENCE  South 12 degrees 38 minutes 40 seconds East along the
   21  westerly side of Cuba Hill Road, 6.90 Feet to a point;
   22    THENCE South 20 degrees 26 minutes 00 seconds East,  still  along  the
   23  westerly  side  of Cuba Hill Road, 91.57 Feet to land now or formerly of
   24  Sisters of St. Benedict;
   25    THENCE  the  following  two  (2)  courses  and  distances  along  last
   26  mentioned land:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14968-08-4
       A. 9657--A                          2
    1    1.  South  85  degrees  53  minutes  40 seconds West, 227.95 Feet to a
    2  point;
    3    2.  South  86  degrees  16 minutes 00 seconds West, 329.76 Feet to the
    4  southeast corner of Lot No. 9, as shown on a certain map entitled,  "Map
    5  of Elbormar" and filed in the Suffolk County Clerk's Office on 5/16/1947
    6  as Map No. 1543;
    7    THENCE  the  following  two (2) courses and distances along Lot No. 9,
    8  No.  10 and No. 11 as shown on aforesaid map;
    9    1. North 6 degrees 45 minutes 40 seconds West, 101.66 Feet to a point;
   10    2. North 86 degrees 51 minutes 20 seconds East,  535.71  Feet  to  the
   11  westerly side of Cuba Hill Road at the point or place of BEGINNING.
   12    S  4. The replacement lands to be acquired and dedicated by the county
   13  of Suffolk to use as new parkland for public park  purposes  consist  of
   14  44.38 acres and are described as follows:
   15    All that certain plot, piece or parcel of land, with the buildings and
   16  improvements  thereon  erected,  situate,  lying and being at Mt. Sinai,
   17  Town of Brookhaven, County of Suffolk and State of New York  being  more
   18  particularly bounded and described as follows:
   19    BEGINNING  at  a monument on the southerly side of Bayview Avenue (Old
   20  Post Lane) where the same is intersected by the easterly line  of  lands
   21  of  the  order of Poor Brethren of St. Francis, now known as the Society
   22  of St. Francis, American Province, Inc. and the  westerly  side  of  the
   23  premises herein described;
   24    RUNNING THENCE from said point and place of beginning along the south-
   25  erly  side  of  Bayview  Avenue  (Old Post Lane) the following three (3)
   26  courses and distances;
   27    1) North 74 degrees 51 minutes 00 seconds east  a  distance  of  98.00
   28  feet;
   29    2)  South  72  degrees  07 minutes 10 seconds east a distance of 52.09
   30  feet;
   31    3) South 28 degrees 48 minutes 00 seconds east  a  distance  of  35.87
   32  feet to lands now or formerly of Salmon;
   33    THENCE  along land of Salmon, along land now or formerly of Takach and
   34  lands now or formerly of Kowaleski the following four  (4)  courses  and
   35  distances;
   36    1)  South  20  degrees 56 minutes 26 seconds west a distance of 300.41
   37  feet;
   38    2) South 28 degrees 50 minutes 38 seconds east a  distance  of  446.83
   39  feet;
   40    3)  South  42  degrees  53 minutes 14 seconds east a distance of 90.60
   41  feet;
   42    4) North 42 degrees 40 minutes 00 seconds east  a  distance  of  36.05
   43  feet to lands now or formerly of Brazier family 2009 irrevocable trust;
   44    THENCE  along said last mentioned land, along lands now or formerly of
   45  Scaglione and lands now or formerly of Daddino the  following  five  (5)
   46  courses and distances;
   47    1)  South  33  degrees  10 minutes 00 seconds east a distance of 64.30
   48  feet;
   49    2) South 8 degrees 31 minutes 00 seconds  east  a  distance  of  68.50
   50  feet;
   51    3)  South  12  degrees  13 minutes 00 seconds east a distance of 82.00
   52  feet;
   53    4) South 22 degrees 53 minutes 00 seconds east a  distance  of  145.70
   54  feet;
   55    5)  South  31  degrees 00 minutes 00 seconds east a distance of 121.40
   56  feet to lands now or formerly of Jean M. Caliguri living trust;
       A. 9657--A                          3
    1    THENCE still along lands now or formerly of Jean  M.  Caliguri  living
    2  trust  and  lands  now  or  formerly of Alfano, lands now or formerly of
    3  Varland, lands now or formerly of Coleman,  lands  now  or  formerly  of
    4  Spero and lands now or formerly of Hecht, the following seven (7) cours-
    5  es and distances;
    6    1)  South  66  degrees 06 minutes 00 seconds west a distance of 135.00
    7  feet;
    8    2) South 66 degrees 16 minutes 00 seconds west  a  distance  of  97.78
    9  feet;
   10    3)  South  61  degrees 33 minutes 00 seconds west a distance of 138.70
   11  feet;
   12    4) South 60 degrees 16 minutes 00 seconds west a  distance  of  131.65
   13  feet;
   14    5)  South  51  degrees  05 minutes 00 seconds west a distance of 56.20
   15  feet;
   16    6) South 72 degrees 31 minutes 00 seconds west a  distance  of  168.20
   17  feet;
   18    7)  South  83  degrees  03 minutes 00 seconds west a distance of 93.50
   19  feet to a point;
   20    THENCE still along lands now or formerly of Hecht and lands of  others
   21  the  following  eight  (8)  courses  and  distances  to  a point and the
   22  northwesterly line of Shore Road west;
   23    1) South 00 degrees 00 minutes 56 seconds east a  distance  of  356.36
   24  feet;
   25    2)  South  13  degrees  18 minutes 00 seconds west a distance of 78.50
   26  feet;
   27    3) South 26 degrees 55 minutes 00 seconds west  a  distance  of  44.57
   28  feet;
   29    4)  North  67  degrees  32 minutes 00 seconds west a distance of 80.20
   30  feet;
   31    5) North 73 degrees 22 minutes 00 seconds west  a  distance  of  88.30
   32  feet;
   33    6)  South  27  degrees 46 minutes 00 seconds east a distance of 209.30
   34  feet;
   35    7) South 58 degrees 49 minutes 00 seconds west a  distance  of  260.40
   36  feet;
   37    8)  South  19  degrees 32 minutes 00 seconds east a distance of 209.84
   38  feet;
   39    THENCE along the northwesterly line  of  shore  road  west,  south  46
   40  degrees  10  minutes 00 seconds west a distance of 61.36 feet to a monu-
   41  ment and lands now or formerly of Herwerth; thence along  lands  now  or
   42  formerly of Herwerth the following three (3) courses and distances;
   43    1)  North  65  degrees 12 minutes 00 seconds west a distance of 121.72
   44  feet;
   45    2) North 65 degrees 47 minutes 00 seconds west a  distance  of  136.10
   46  feet;
   47    3)  North  72  degrees  12 minutes 00 seconds west a distance of 65.12
   48  feet to lands know or formerly of Bruni;
   49    THENCE along lands now or formerly of Bruni and  lands  of  other  the
   50  following four (4) courses and distances;
   51    1)  North  66  degrees 22 minutes 00 seconds west a distance of 149.70
   52  feet;
   53    2) North 67 degrees 24 minutes 00 seconds west a  distance  of  131.45
   54  feet;
   55    3)  North  65  degrees 33 minutes 00 seconds west a distance of 129.50
   56  feet;
       A. 9657--A                          4
    1    4) North 68 degrees 12 minutes 00 seconds west a  distance  of  178.40
    2  feet  to  the easterly line of "map of Mt. Sinai Hills section 3", filed
    3  in the office of the Suffolk County Clerk as map no. 8071;
    4    THENCE  along  the  Easterly  line  of  said map the following six (6)
    5  courses and distances;
    6    1) North 05 degrees 54 minutes 00 seconds west a  distance  of  100.00
    7  feet;
    8    2)  North  07  degrees 29 minutes 00 seconds west a distance of 140.80
    9  feet;
   10    3) North 05 degrees 55 minutes 00 seconds east  a  distance  of  29.20
   11  feet;
   12    4)  North  21  degrees 03 minutes 00 seconds east a distance of 104.20
   13  feet;
   14    5) North 20 degrees 19 minutes 00 seconds east a  distance  of  177.50
   15  feet;
   16    6)  North  18  degrees 42 minutes 00 seconds east a distance of 236.80
   17  feet to a monument and lands now or formerly of Society of St.  Francis,
   18  American Province, Inc.;
   19    THENCE along lands now or formerly of Society of St. Francis, American
   20  Province, Inc. the following sixteen (16) courses and distances;
   21    1) South 87 degrees 00 minutes 00 seconds east a  distance  of  199.90
   22  feet;
   23    2)  South  82  degrees  38 minutes 00 seconds east a distance of 58.00
   24  feet;
   25    3) South 87 degrees 32 minutes 00 seconds east a  distance  of  230.60
   26  feet;
   27    4)  North  3  degrees  58 minutes 00 seconds west a distance of 104.30
   28  feet;
   29    5) North 26 degrees 21 minutes 00 seconds east  a  distance  of  98.20
   30  feet;
   31    6)  North  0  degrees  45 minutes 00 seconds east a distance of 127.90
   32  feet;
   33    7) North 8 degrees 10 minutes 00 seconds east  a  distance  of  133.70
   34  feet;
   35    8)  North  87  degrees 54 minutes 00 seconds east a distance of 110.00
   36  feet;
   37    9) North 9 degrees 55 minutes 00 seconds east  a  distance  of  367.01
   38  feet;
   39    10)  South  82  degrees 44 minutes 00 seconds east a distance of 12.00
   40  feet;
   41    11) North 31 degrees 50 minutes 00 seconds east a  distance  of  35.00
   42  feet;
   43    12)  North  59  degrees 55 minutes 00 seconds east a distance of 48.50
   44  feet;
   45    13) South 89 degrees 30 minutes 00 seconds east a distance  of  112.20
   46  feet;
   47    14)  North  20 degrees 08 minutes 00 seconds east a distance of 207.75
   48  feet;
   49    15) North 36 degrees 57 minutes 00 seconds east a distance  of  348.00
   50  feet;
   51    16)  North  13  degrees 55 minutes 00 seconds east a distance of 46.44
   52  feet to the point and place of BEGINNING.
   53    S 5. In the event that the lands  to  be  acquired,  as  described  in
   54  section  four of this act, are not equal or greater in fair market value
   55  than the lands being alienated, as described in section  three  of  this
   56  act,  the  county  of  Suffolk shall dedicate the difference in the fair
       A. 9657--A                          5
    1  market value for the acquisition  of  additional  parklands  and/or  for
    2  capital improvements to existing park and recreational facilities.
    3    S  6. If the land that is the subject of this act has received funding
    4  pursuant to the federal land and water conservation fund, the discontin-
    5  uance of parklands authorized by the provisions of this  act  shall  not
    6  occur  until the municipality has complied with the federal requirements
    7  pertaining to the conversion  of  parklands,  including  satisfying  the
    8  secretary  of  the  interior  that  the  discontinuance will include all
    9  conditions which the secretary of the interior deems necessary to assure
   10  the substitution of other lands shall be equivalent in fair market value
   11  and recreational usefulness to the lands being discontinued.
   12    S 7. This act shall take effect immediately.
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