Bill Text: NY A09706 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to the alienation and substitution of certain parklands in the town of Southampton in the county of Suffolk.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s7620a [A09706 Detail]

Download: New_York-2013-A09706-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7620--A                                            A. 9706--A
                             S E N A T E - A S S E M B L Y
                                     May 16, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment  --  committee  discharged,  bill  amended,  ordered reprinted as
         amended and recommitted to said committee
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to  the  Committee  on Local Governments -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  in relation to the alienation and substitution of certain park-
         lands in the town of Southampton in the county of Suffolk
         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 South-
    2  ampton, in the county of Suffolk, acting by and through its town  board,
    3  is hereby authorized to discontinue as parklands and alienate, the lands
    4  described  in  section  three of this act for the purpose of county road
    5  traffic safety improvements.
    6    S 2. The authorization contained in section one of this act shall take
    7  effect only upon the  condition  that  the  town  of  Southampton  shall
    8  acquire  and  dedicate  the  lands of equal or greater fair market value
    9  that have never been used for park purposes described in section four of
   10  this act as additional parklands of the town.
   11    S 3. The lands authorized by section one of this act to be  discontin-
   12  ued as parklands are as follows:
   13    ALL  THAT  TRACT OR PARCEL OF LAND situate in the town of Southampton,
   14  county of Suffolk and state of New York being  part  of  Parcel  No.  1,
   15  described as follows:
   16    Beginning at a point at the northeasterly side of Center Drive (Nugent
   17  Drive)  County Road No. 94 at the westerly end of a curve connecting the
   18  northeasterly side of Center Drive (Nugent Drive)  County  Road  No.  94
   19  with the westerly side of Peconic Avenue:
   20    Thence  along the northerly side of Center Drive (Nugent Drive) County
   21  Road No. 94, North 54 06'00" West, 172.95 feet to a point;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15248-02-4
       S. 7620--A                          2                         A. 9706--A
    1    Thence along the lands now or formerly Suffolk County South  73 51'50"
    2  East, 30.55 feet to a point;
    3    Thence  through  the  lands  now or formerly Town of Southampton South
    4  60 33'16" East, 135.91 feet to a point;
    5    Thence northeasterly and easterly along a curve bearing  to  the  left
    6  having a radius of 65.00 feet a distance of 112.73 feet to a point;
    7    Thence North 20 04'34" East, 84.17 feet to a point;
    8    Thence North 35 50'56" East, 23.07 feet to a point;
    9    Thence South 85 19'00" East, 11.52 feet to a point on the northwester-
   10  ly side of Peconic Avenue;
   11    Thence  South  22 09'00"  West along the northwesterly side of Peconic
   12  Avenue 138.08 feet to the  northerly  end  of  a  curve  connecting  the
   13  northeasterly  side of Center Drive (Nugent Drive) County Road 94 to the
   14  northwesterly side of Peconic Avenue;
   15    Thence southwesterly and westerly along  said  curve  bearing  to  the
   16  right  having  a  radius  of 67.72 feet a distance of 122.63 feet to the
   17  point of beginning, being 7,510  square feet.
   18    S 4. Prior to  the  discontinuance  and  alienation  of  the  parkland
   19  described  in section three of this act, the town of Southampton, acting
   20  through its town board, shall acquire and dedicate replacement lands for
   21  use as parkland for public park purposes, as follows:
   22    ALL THAT TRACT OR PARCEL OF LAND situated in the  county  of  Suffolk,
   23  state of New York being part of Parcel No. 2, described as follows:
   24    Beginning  at  a  point  at the northeasterly corner of Parcel 2, said
   25  point being the following two courses and distances from a point on  the
   26  westerly side of Peconic Avenue at the northerly end of a curve having a
   27  radius  of 67.72' and a distance of 122.63' connecting the westerly side
   28  of Peconic Avenue with the northerly side of Center Drive (C.R. 94):
   29    (1) North 22  09' 00" West, 138.08 feet to a point  and  the  division
   30  line  between lands now or formerly Town of Southampton on the north and
   31  lands now or formerly Town of Southampton to the south;
   32    (2) South 85  19' 00" East, 212.29 feet to the point of Beginning:
   33    Thence along the division line of property of the People of the County
   34  of Suffolk and the Town of Southampton the  following  six  courses  and
   35  distances:
   36    (1) North 85  19' 00" West, 63.29 feet to a point;
   37    (2) South 35  54' 00" West, 7.98 feet to a point;
   38    (3) South 03  02' 40" West, 88.10 feet to a point;
   39    (4)  North 73  51' 50" West, 46.17 feet to a point, thence through the
   40  lands now or formerly Suffolk County;
   41    (5) North 53  44' 39" West, 99.18 feet to a point;
   42    (6) North 36  15' 21" East, 119.19 feet to the waterline of  Griffings
   43  Pond;
   44    Thence  running  along  the  waterline of Griffings Pond the following
   45  seven tie line courses and distances:
   46    (1) South 05  11' 00" East, 26.65 feet to a point;
   47    (2) South 52  16' 24" East, 46.76 feet to a point;
   48    (3) North 54  37' 12" East, 12.58 feet to a point;
   49    (4) North 14  09' 55" East, 33.32 feet to a point;
   50    (5) North 07  41' 59" East, 23.04 feet to a point;
   51    (6) North 07  10' 04" West, 18.35 feet to a point;
   52    (7) North 06  43' 41" East, 26.33 feet to a point along the lands  now
   53  or formerly Town of Southampton;
   54    Thence  along  the said mentioned lands the following four courses and
   55  distances:
   56    (1) South 02  11' 10" East, 50.30 feet to a point;
       S. 7620--A                          3                         A. 9706--A
    1    (2) South 77  56' 30" East, 16.80 feet to a point;
    2    (3) South 26  19' 40" East, 37.61 feet to a point;
    3    (4)  South  34   50'  40"  East, 51.74 feet to the point of beginning,
    4  being 15,286  square feet.
    5    S 5. In the event that the parklands to be dedicated by  the  town  of
    6  Southampton  pursuant  to  this act are not equal to or greater than the
    7  fair market value of the parkland to be discontinued, the town of South-
    8  ampton shall dedicate the difference of the fair  market  value  of  the
    9  lands  to be alienated and the lands to be dedicated for the acquisition
   10  of additional parklands and/or for capital improvements to existing park
   11  and recreational facilities.
   12    S 6. In the event that the town of Southampton  received  any  funding
   13  support  or  assistance  from  the  federal government for the purchase,
   14  maintenance or improvement of the parklands set forth in  section  three
   15  of  this act, the discontinuance and alienation of such parkland author-
   16  ized by the provisions of section three of  this  act  shall  not  occur
   17  until the town of Southampton has complied with any federal requirements
   18  pertaining  to the alienation or conversion of such parklands, including
   19  satisfying the secretary of the interior that the alienation or  conver-
   20  sion  complies  with  all conditions which the secretary of the interior
   21  deems necessary to assure the  substitution  of  other  lands  shall  be
   22  equivalent in fair market value and usefulness to the lands being alien-
   23  ated or converted.
   24    S 7. This act shall take effect immediately.
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