Bill Text: NY A10681 | 2017-2018 | General Assembly | Amended


Bill Title: Authorizes the county of Suffolk to transfer and convey a portion of county parkland to the town of Southampton, county of Suffolk for continued park and recreational purposes and as a commercial fishing dock.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-07-31 - signed chap.170 [A10681 Detail]

Download: New_York-2017-A10681-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8658--A                                           A. 10681--A
            Cal. No. 1617
                SENATE - ASSEMBLY
                                      May 10, 2018
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed,  and  when  printed to be committed to the Committee on Finance --
          reported favorably from said committee and committed to the  Committee
          on Rules -- ordered to a third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
        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 authorizing the county  of  Suffolk  to  transfer  and  convey  a
          portion  of  County  parkland  to  the  town of Southampton, county of
          Suffolk
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  (a)  The county of Suffolk acting through its legislative
     2  body, is hereby authorized to discontinue the use of a portion of county
     3  parkland, described in section two of this act, and to convey its inter-
     4  est in the real property to the town of Southampton, county  of  Suffolk
     5  upon  terms  agreed upon by the county of Suffolk and the town of South-
     6  ampton, for use by the town of Southampton  for  park  and  recreational
     7  purposes  and  as  a  commercial fishing dock; provided that the town of
     8  Southampton shall provide access to such parklands  and/or  recreational
     9  facilities to all residents of the county of Suffolk.
    10    (b)  Any  revenues  received  by  such  county from such town from the
    11  transfer of the property described in section two of this act  shall  be
    12  used  for capital improvements of existing park and recreational facili-
    13  ties and/or for the acquisition  of  additional  park  and  recreational
    14  facilities.
    15    §  2.  The  real  property  authorized to be conveyed by the county of
    16  Suffolk pursuant to section  one  of  this  act  shall  be  bounded  and
    17  described as follows:
    18    All  that  certain  piece or parcel of land situate lying and being at
    19  Hampton Bays, in the Town of Southampton, County of Suffolk,  and  State
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15697-02-8

        S. 8658--A                          2                        A. 10681--A
     1  of  New York, being Parcel 43 as shown on a map on file in the office of
     2  the Commissioner of Public Works of Suffolk County titled  "Map  Showing
     3  Property to be Acquired for County Purposes, Town of Southampton, County
     4  of  Suffolk,  New  York,  Sheet  5  of  5"  more  particularly bound and
     5  described as follows:
     6    Commencing at the intersection of the easterly boundary of Road I  and
     7  the  existing  northerly  boundary  of County Road 89 Dune Road. Running
     8  thence, along said northerly boundary of County Road 89 Dune Road, N 65°
     9  48' 14" E a distance of 100  feet  to  the  division  line  between  the
    10  subject parcel on the east and other land of Suffolk County on the west,
    11  or the POINT OF BEGINNING;
    12    Thence,  from  said  place  or point of Beginning northerly along said
    13  division line N 23° 11' 46" W a distance of 436± feet more or less, to a
    14  point on the mean high water line of Shinnecock Bay, said line being the
    15  division line between the lands of the subject parcel to the  south  and
    16  the lands of the Town of Southampton to the north;
    17    Thence,  along  said  division  line  a distance of 1475± feet more or
    18  less, to a point on the division line between the lands of  the  subject
    19  parcel  to  the  west  and  the lands now or formerly of Shinnecock Fish
    20  Packers, Inc. on the east;
    21    Thence, along said division line S 23° 11' 46" E a  distance  of  314±
    22  feet, more or less, to the aforementioned existing northerly boundary of
    23  County Road 89 Dune Road;
    24    Thence  along  said  northerly  boundary S 68° 28' 14" W a distance of
    25  525.51 feet to a point;
    26    Thence continuing along said northerly boundary S  65°  48'  14"  W  a
    27  distance  of  875.12  feet  to  the  point  or place of beginning; being
    28  402,449± square feet or 9.24± acres more or less.
    29    § 3. Should the lands described in section two of this act cease to be
    30  used for the purposes described in section one of this act, those  lands
    31  shall  revert  to the county of Suffolk for public park and recreational
    32  purposes.
    33    § 4. The land to be transferred pursuant to this act, and  all  struc-
    34  tures  and  facilities situated on such land, shall be maintained, owned
    35  and operated by the town of Southampton.
    36    § 5. The use of such parkland and facilities shall be available to the
    37  general public. Where the availability of such  facilities  is  limited,
    38  use of such facilities must be determined by an equitable method.
    39    §  6.  In  the  event  that the county of Suffolk received any funding
    40  support or assistance from the  federal  government  for  the  purchase,
    41  maintenance  or improvement of the parklands set forth in section two of
    42  this act, the discontinuance and alienation of such parkland  authorized
    43  by  the  provisions  of  this  act  shall  not occur until the county of
    44  Suffolk has complied with any federal  requirements  pertaining  to  the
    45  alienation  or  conversion of parklands, including satisfying the secre-
    46  tary of the interior that the alienation or conversion complies with all
    47  conditions which the secretary of the interior deems necessary to assure
    48  the substitution of other lands shall be equivalent in fair market value
    49  and usefulness to the lands being alienated or converted.
    50    § 7. This act shall take effect immediately.
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