Bill Text: NY A09739 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-20 - substituted by s6782b [A09739 Detail]
Download: New_York-2011-A09739-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9739--B I N A S S E M B L Y March 29, 2012 ___________ Introduced by M. of A. MONTESANO -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to authorize the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District 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 county of Nassau 2 is hereby authorized and empowered to discontinue as county parkland and 3 convey the property described in section two of this act, which was 4 heretofore used by such county for park and/or recreational purposes and 5 is within the Tiffany Creek Preserve, upon terms to be fixed and deter- 6 mined by such county and approved by its legislature, to the Oyster Bay 7 water district. 8 S 2. The lands referred to in section one of this act are located, 9 bounded and described as follows: 10 All that certain plot, piece or parcel of land situate lying and being 11 at the Incorporated Village of Oyster Bay Cove, Town of Oyster Bay, 12 County of Nassau and State of New York, being bounded and described as 13 follows: 14 BEGINNING at the northwesterly most corner of the existing Oyster Bay 15 Water District Plant 8. Said point of beginning being further described 16 as being the following six (6) bearings and distances from the inter- 17 section of the northerly side of Berry Hill Road with the westerly side 18 of Sandy Hill Road: 19 1. North 76 35' 10" West 128.29 feet; 20 2. North 77 50' 30" West 154.69 feet; 21 3. North 83 33' 10" West 98.79 feet; 22 4. North 01 01' 44" West 253.57 feet; 23 5. North 34 30' 00" West 75.00 feet; 24 6. North 84 30' 00" West 55.00 feet to the point or place of begin- 25 ning. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15120-05-2 A. 9739--B 2 1 THENCE southerly by and with the westerly side of the existing Oyster 2 Bay Water District Plant 8, the following two (2) bearings and 3 distances: 4 1. South 45 30' 00" West 150.00 feet; 5 2. South 03 30' 00" West 20.28 feet; 6 THENCE through property of the County of Nassau the following four (4) 7 bearings and distances: 8 1. North 72 04' 40" West 150.29 feet; 9 2. North 17 55' 20" East 130.00 feet; 10 3. South 72 04' 40" East 112.10 feet; 11 4. South 84 30' 00" East 105.04 feet to the point or place of begin- 12 ning. 13 Said property containing an area of approximately 23,136.62 square 14 feet (0.53 acres). 15 S 3. Subject to the provisions of this act, the Nassau county legisla- 16 ture is hereby further authorized and empowered to convey to the Oyster 17 Bay Water District a non-pollution easement encompassing a radius of 200 18 feet surrounding the well head to be installed on the property described 19 in section two of this act, the area of such easement being shown upon a 20 map entitled "OYSTER BAY WATER DISTRICT PLANT 8 EXPANSION" prepared by 21 Holzmacher, McLendon & Murrell, P.C. and dated September 22, 2009 and 22 last revised March 8, 2012. Such land shall remain open to the general 23 public for passive park and recreational purposes. 24 S 4. The authorization provided in section one of this act shall be 25 effective only upon the condition that on or before the alienation and 26 conveyance of lands described in section two of this act and/or the 27 conveyance of the easement described in section three of this act, the 28 county shall acquire additional lands of equal or greater fair market 29 value than the lands being alienated, as described in section two of 30 this act. Such lands to be acquired, which shall be dedicated as park- 31 land, are designated by the following designations on the Nassau County 32 Land and Tax Map: 33 1) Section 65, Block 58, Lot 648 34 2) Section 63, Block 20, Lot 704 35 3) Section 65, Block 59, Lot 751 36 4) Section 63, Block 21, Lot 803 37 such parcels being those acquired by the People of the State of New York 38 and containing therein approximately 4.13 acres +/-. 39 S 5. If the parcel described in section two of this act is greater in 40 fair market value than the parcels being dedicated as parkland in 41 section four of this act, the county of Nassau shall dedicate the 42 difference in the fair market value of such lands for the acquisition of 43 additional park lands and/or for capital improvements to existing park 44 and recreational facilities. 45 S 6. If the parkland that is being discontinued has received federal 46 funding pursuant to the Land and Water Conservation Fund, the discontin- 47 uance and conveyance of park land authorized by the provisions of this 48 act shall not occur until the county of Nassau has complied with any 49 state requirements pursuant to state issued grants for effected park 50 property and federal requirements pertaining to conversion of park 51 lands, including satisfying the secretary of the interior that the 52 alienation or conversion complies with all conditions which the secre- 53 tary of the interior deems necessary to assure the substitution of other 54 lands shall be equivalent in fair market value and recreational useful- 55 ness to the lands being alienated or converted. 56 S 7. This act shall take effect immediately.