Bill Text: NY A09739 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9739--A
                                 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
       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.
                                                                  LBD15120-03-2
       A. 9739--A                          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  three  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.