Bill Text: NY A10377 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes the village of Patchogue, town of Brookhaven, county of Suffolk, to alienate and discontinue the use of certain parklands, for the purpose of leasing such parklands to Wireless Towers LLC.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2020-09-21 - SIGNED CHAP.198 [A10377 Detail]

Download: New_York-2019-A10377-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10377--A

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A.  GARBARINO  --  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 to authorize the village of Patchogue, town of Brookhaven, county
          of Suffolk, to alienate and discontinue the use of certain parklands

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. (a) Subject to the provisions of this act, the  village  of
     2  Patchogue,  in  the town of Brookhaven, county of Suffolk, acting by and
     3  through its governing body, and upon such terms and conditions as deter-
     4  mined by such body, is hereby authorized to discontinue as parklands and
     5  to lease at fair market value to Wireless Towers LLC for a term  not  to
     6  exceed thirty years the lands more particularly described in section two
     7  of  this act for the placement and operation of a wireless communication
     8  tower.
     9    (b) All proceeds from such lease shall be used for acquisition of  new
    10  parklands  and/or  towards  capital  improvements  to  existing park and
    11  recreational facilities.
    12    § 2. The lands authorized by section one of this act to be  discontin-
    13  ued as parklands and leased are described as follows:
    14    All that certain plot, piece or parcel of land, with the buildings and
    15  improvements thereon erected, situate, lying and being in the village of
    16  Patchogue  in  the  town  of Brookhaven and the county of Suffolk in the
    17  state of New York being more particularly described as follows:
    18    Beginning at a point being  514.60  feet  southerly  from  the  corner
    19  formed by the southerly side of Park Street and the westerly side of Bay
    20  Ave.
    21    Running thence south 05 degrees 51 minutes 29 seconds east 5.05 feet;
    22    Running  thence  south  75  degrees  46 minutes 30 seconds west 187.11
    23  feet;
    24    Running thence south 56 degrees 30 minutes 25 seconds west 5.01 feet;
    25    Running thence north 56 degrees 30 minutes 25 seconds east 15.15 feet;
    26    Running thence north 75 degrees 46  minutes  30  seconds  east  187.85
    27  feet;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16305-02-0
        A. 10377--A                         2

     1    To the point of beginning.
     2    The Parcel Contains 1.57 acres more or less of land.
     3    § 3. Should the lands described in section two of this act cease to be
     4  used  for  the  purposes described in section one of this act, the lease
     5  shall terminate and those lands shall revert to the village of Patchogue
     6  for public park and recreational purposes. At the time  of  such  rever-
     7  sion,  the removal of such wireless communication tower shall take place
     8  and the property shall be returned to  its  previous  state,  consistent
     9  with park and recreational purposes.
    10    §  4.  In the event that the village of Patchogue received any funding
    11  support or assistance from the  federal  government  for  the  purchase,
    12  maintenance  or improvement of the parklands set forth in section two of
    13  this act, the discontinuance and alienation of such parkland  authorized
    14  by the provisions of this act shall not occur until the village of Patc-
    15  hogue  has  complied  with  any  federal  requirements pertaining to the
    16  alienation or conversion of parklands, including satisfying  the  secre-
    17  tary of the interior that the alienation or conversion complies with all
    18  conditions which the secretary of the interior deems necessary to assure
    19  the substitution of other lands shall be equivalent in fair market value
    20  and usefulness to the lands being alienated or converted.
    21    § 5. This act shall take effect immediately.