Bill Text: NY A10139 | 2023-2024 | General Assembly | Amended
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) 2024-06-03 - print number 10139a [A10139 Detail]
Download: New_York-2023-A10139-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10139--A IN ASSEMBLY May 9, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Blumencranz) -- 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 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 governing body and upon such terms and conditions 3 agreed upon by the town of Oyster Bay and the department of environ- 4 mental conservation is hereby authorized to discontinue and convey town 5 parkland more particularly described in section three of this act to the 6 department of environmental conservation for the purposes of providing 7 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 parkland authorized to be conveyed by the town of Oyster Bay 15 pursuant to section one of this act is more particularly described as 16 follows: 17 PARCEL 1 18 All that certain plot, piece or parcel of land situate, lying and 19 being in the Town of Oyster Bay, County of Nassau and State of New York, 20 being all of Lot 55 in Block 11 of Section 17 of the Nassau County 21 Department of Assessment Land and Tax Map and being more particularly 22 described as follows: 23 COMMENCING at the intersection of the northerly side of Jericho Turn- 24 pike (NYS Route 25) with the southeasterly corner of the Map of Hamlet 25 East, filed in the Office of the Clerk of the County of Nassau on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15344-04-4A. 10139--A 2 1 25th day of August 1987 as Map No. CAS-138, as amended by Map No. 2 CA-138A, filed in the Office of the Clerk of the County of Nassau on the 3 21st day of April, 1988 and running thence the following three (3) 4 courses: 5 North 25 degrees 26 minutes 00 seconds West, a distance of 852.68 feet 6 to a point, thence 7 North 18 degrees 05 minutes 55 seconds West, a distance of 1,328.83 feet 8 to a point; thence 9 North 64 degrees 18 minutes 05 seconds East, a distance of 1045.00 feet 10 to the True Point or Place of Beginning and running thence the following 11 four (4) courses: 12 North 11 degrees 55 minutes 25 seconds East, a distance of 884.84 feet 13 to a point on the southerly side of Cedar Swamp Road (variable width), 14 thence 15 Continuing along said southerly side of Cedar Swamp Road, South 67 16 degrees 27 minutes 51 seconds East, a distance of 98.82 feet to a point, 17 thence 18 Continuing along the same, along the arc of a curve bearing to the 19 right, having a radius of 1,100.92 feet, an arc length of 738.84 feet, 20 an internal angle of 38 degrees 27 minutes 08 seconds, and having a 21 chord that bears South 48 degrees 14 minutes 18 seconds East, a distance 22 of 725.06 feet to a point, thence 23 Leaving said southerly side of Cedar Swamp Road, South 67 degrees 03 24 minutes 24 seconds West, a distance of 884.94 feet to the True Point or 25 Place of Beginning, containing 362,874 feet square feet (8.330 acres) 26 more or less. 27 PARCEL 2 28 All that certain plot, piece or parcel of land situate, lying and 29 being in the Town of Oyster Bay, County of Nassau and State of New York, 30 being part of Lot 4 in Block A of Section 27 of the Nassau County 31 Department of Assessment Land and Tax Map and being more particularly 32 described as follows: 33 Beginning at a point on the northerly side of West End Avenue (Shore 34 Avenue), said point being the southerly end of the division line between 35 lands now or formerly of The People of the State of New York, Department 36 of Environmental Conservation known as Section 27 Block A Lot 222 as 37 shown on the Nassau County Land and Tax Map on the west, and lands Now 38 or Formerly of the Town of Oyster Bay known as Section 27 Block A Lot 4 39 as shown on the Nassau County Land and Tax Map, formerly lands of Rial 40 Realty Corporation on the east and running thence: 41 North 4 degrees 41 minutes 40 seconds East, 301.67 feet to a point; 42 thence 43 North 61 degrees 53 minutes 40 seconds East, 17.85 feet to a point; 44 thence 45 South 4 degrees 41 minutes 40 seconds West, 311.12 feet to a point in 46 the northerly line of West End Avenue (Shore Avenue); thence 47 North 86 degrees 13 minutes 52 seconds West, 15.00 feet to the point or 48 place of Beginning. 49 Said above described parcel of land containing within said bounds 0.10 50 Acre, more or less. 51 § 4. Prior to the discontinuance and alienation of the parklands 52 described in section three of this act, the department of environmental 53 conservation shall convey to the town of Oyster Bay and the town of 54 Oyster Bay shall acquire and dedicate as parklands such land described 55 as follows: 56 PARCEL 1A. 10139--A 3 1 All that certain plot, piece or parcel of land situate, lying and 2 being in the Town of Oyster Bay, County of Nassau and State of New York, 3 being part of Lot 222 in Block A of Section 27 of the Nassau County 4 Department of Assessment Land and Tax Map and being more particularly 5 described as follows: 6 Beginning at a point on the northerly side of West End Avenue (Shore 7 Avenue), said point being North 86 degrees 13 minutes 52 seconds West, 8 173.93 feet from the southerly end of the division line between lands 9 now or formerly of The People of the State of New York, Department of 10 Environmental Conservation known as Section 27 Block A Lot 222 as shown 11 on the Nassau County Land and Tax Map on the west, and lands Now or 12 Formerly of the Town of Oyster Bay known as Section 27 Block A Lot 4 as 13 shown on the Nassau County Land and Tax Map, formerly lands of Rial 14 Realty Corporation on the east and running thence: 15 Along the northerly side of West End Avenue (Shore Avenue) North 86 16 degrees 13 minutes 52 seconds West, 230.41 feet to a point; thence 17 North 4 degrees 41 minutes 40 seconds East, 165.64 feet to a 5/8" capped 18 rebar; thence 19 South 86 degrees 50 minutes 44 seconds East, 59.57 feet to a 5/8" capped 20 rebar: thence 21 North 4 degrees 41 minutes 40 seconds East, 116.43 feet to a capped 22 rebar; thence 23 South 89 degrees 57 minutes 20 seconds East, 45.00 feet to a capped 24 rebar; thence 25 South 66 degrees 46 minutes 21 seconds East, 105.45 feet to a 5/8" 26 capped rebar; thence 27 North 77 degrees 40 minutes 56 seconds East, 51.60 feet to a point; 28 thence 29 South 4 degrees 28 minutes 47 seconds West, 38.52 feet to a point; 30 thence 31 North 86 degrees 33 minutes 43 seconds West, 5.65 feet to a point; 32 thence 33 South 42 degrees 24 minutes 56 seconds West, 44.16 feet to a point; 34 thence 35 Southwardly along the arc of a curve bearing to the left having a radius 36 of 15.67 feet, and a chord bearing South 22 degrees 56 minutes 02 37 seconds West with a chord length of 10.04 feet, an arc distance of 10.22 38 feet to a point; thence 39 South 4 degrees 15 minutes 21 seconds West, 129.80 feet to a point; 40 thence 41 South 6 degrees 09 minutes 25 seconds East, 34.45 feet to a point; 42 thence 43 South 25 degrees 57 minutes 11 seconds East, 12.98 feet to the point or 44 place of Beginning. 45 Said above described parcel of land containing within said bounds 1.25 46 Acres, more or less. 47 PARCEL 2 48 All that certain plot, piece or parcel of land situate, lying and being 49 in the Town of Oyster Bay, County of Nassau and State of New York, being 50 shown as Lots 5 and 33 in Block A of Section 27 of the Nassau County 51 Department of Assessment Land and Tax Map and being more particularly 52 described as follows: 53 Beginning at a 5/8" capped rebar on the westerly side of Bayside Avenue 54 (not open or improved, a paper street) at the division line between the 55 herein described parcel on the north and lands of the Long Island Rail- 56 road on the south, said point also being the southeasterly corner ofA. 10139--A 4 1 lands designated as Tax Map Section 27, Block A, Lot 33 and running 2 thence: 3 Along the northerly line of lands of the Long Island Railroad the 4 following three (3) courses: 5 1. North 88 degrees 35 minutes 24 seconds West, 99.09 feet to a 5/8" 6 capped rebar; thence 7 2. North 86 degrees 18 minutes 01 second West, 500.29 feet to a 5/8" 8 capped rebar; thence 9 3. North 88 degrees 35 minutes 26 seconds West, 126.82 feet to a point 10 in a stream; thence 11 North 1 degree 16 minutes 39 seconds East, 105.17 feet to a 5/8" capped 12 rebar in the southerly line of West End Avenue (Shore Avenue); thence 13 Along the southerly line of West End Avenue (Shore Avenue), South 86 14 degrees 07 minutes 31 seconds East, 596.39 feet to a point; thence 15 Still along the southerly line of West End Avenue (Shore Avenue), South 16 88 degrees 35 minutes 25 seconds East, 89.19 feet to a 5/8" capped 17 rebar, thence 18 South 59 degrees 33 minutes 25 seconds East, 86.39 feet to a 5/8" capped 19 rebar in the westerly line of Bayside Avenue (not open or improved, a 20 paper street); thence 21 South 32 degrees 16 minutes 34 seconds West, 67.09 feet to the point or 22 place of Beginning. 23 Said above described parcel of land containing within said bounds 1.68 24 Acres, more or less. 25 § 5. In the event that the fair market value of the parklands 26 described in section four of this act to be dedicated by the town of 27 Oyster Bay pursuant to this act are not equal to or greater than the 28 fair market value of the parklands to be alienated as described in 29 section three of this act, the town of Oyster Bay shall dedicate the 30 difference of the fair market value of the lands to be alienated and the 31 lands to be dedicated for the acquisition of additional parklands and/or 32 capital improvements to existing park and recreational facilities. 33 § 6. In the event that the town of Oyster Bay received any funding 34 support or assistance from the federal government for the purchase, 35 maintenance or improvement of the parklands set forth in section three 36 of this act, the discontinuance and alienation of such parkland author- 37 ized by the provisions of this act shall not occur until the town of 38 Oyster Bay has complied with any federal requirements pertaining to the 39 alienation or conversion of parklands, including satisfying the secre- 40 tary of the interior that the alienation or conversion complies with all 41 conditions which the secretary of the interior deems necessary to ensure 42 the substitution of other lands shall be equivalent in fair market value 43 and usefulness to the lands being alienated or converted. 44 § 7. This act shall take effect immediately.
