Bill Text: NY S05814 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the town of Islip, county of Suffolk, to discontinue as parklands and lease certain lands to J.P. Supreme Caterers, Inc., d/b/a Nicky's on the Bay, or its successors and/or assigns, for operation of a fuel dock and restaurant.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-06-09 - SUBSTITUTED BY A5799A [S05814 Detail]

Download: New_York-2023-S05814-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5814--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 17, 2023
                                       ___________

        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to authorize the town of Islip, county of Suffolk, to discontinue
          as parklands and lease certain lands

          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 Islip,
     2  county of Suffolk, acting by and through its governing  body,  and  upon
     3  such  terms and conditions as determined by such body, is hereby author-
     4  ized to discontinue as parklands and to lease at fair  market  value  to
     5  J.P. Supreme Caterers, Inc., d/b/a Nicky's on the Bay, or its successors
     6  and/or  assigns,  for  a  term  not to exceed forty years the lands more
     7  particularly described in section three of this act to make  the  neces-
     8  sary renovations and operate a fuel dock and restaurant.
     9    §  2.  The authorization contained in section one of this act shall be
    10  effective only upon the condition that the  town  of  Islip,  county  of
    11  Suffolk,  dedicate the proceeds from the lease toward the acquisition of
    12  new parklands and/or capital improvements to existing  park  and  recre-
    13  ational facilities.
    14    §  3. The lands authorized by section one of this act to be discontin-
    15  ued as parklands and leased are described as follows:
    16    BEGINNING at a point, said  point  being  the  following  courses  and
    17  distances  from  the  corner  formed by the intersection of the easterly
    18  side of Clinton Avenue and the southerly side of Bayview Avenue.
    19    1.) N57° 44' 40"E 34.00 feet  along  the  southerly  side  of  Bayview
    20  Avenue to a point;
    21    2.) S32° 15' 20"E 128.73 feet to a point;
    22    3.) S38° 48' 10"E 129.10 feet to a point;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10224-03-3
        S. 5814--A                          2

     1    4.) S67° 01' 50"E 468.38 feet to a point;
     2    5.) N72° 50' 40"E 794.58 feet to a point;
     3    6.) N49° 23' 30"E 476.11 feet to a point;
     4    7.)  N34°  30'  49"W  6.36  feet to the point of beginning, having the
     5  N.Y.S.  coordinates N199,740.8400, E1195600.4500 Long Island Zone.
     6    RUNNING THENCE in a northerly direction N34° 30' 49"W 152.09 feet to a
     7  point;
     8    RUNNING THENCE in an easterly direction N49° 54' 46"E 173.11 feet to a
     9  point;
    10    RUNNING THENCE in a southerly direction S36° 15' 02"E 151.42 feet to a
    11  point;
    12    RUNNING THENCE in a westerly direction S54° 09' 42"W 160.93 feet to  a
    13  point;
    14    RUNNING  THENCE in a southerly direction S34° 30' 49"E 13.46 feet to a
    15  point;
    16    RUNNING THENCE in a westerly direction S54° 09' 42"W 16.00 feet  to  a
    17  point, the point or place of beginning.
    18    Said  Parcel  has an area of 25,552.10 SQ.FT. or 0.59 Acres and can be
    19  found on Drawing 2008-18 of the Dept. Of Planning and Development,  Town
    20  of Islip.
    21    §  4. Should the lands described in section three of this act cease to
    22  be used for the purposes described in section one of this act, the lease
    23  shall terminate and those lands shall revert to the town  of  Islip  for
    24  public  park  and  recreational purposes. At the time of such reversion,
    25  the removal of such fuel dock and restaurant shall take  place  and  the
    26  property  shall  be returned to its previous state, consistent with park
    27  and recreational purposes.
    28    § 5. In the event that the town of Islip received any funding  support
    29  or  assistance from the federal government for the purchase, maintenance
    30  or improvement of the parklands set forth in section three of this  act,
    31  the  discontinuance  and  alienation of such parklands authorized by the
    32  provisions of this act shall not occur  until  the  town  of  Islip  has
    33  complied  with  any federal requirements pertaining to the alienation or
    34  conversion of parklands, including satisfying the secretary of the inte-
    35  rior that the alienation or  conversion  complies  with  all  conditions
    36  which  the  secretary  of  the  interior  deems  necessary to assure the
    37  substitution of other lands shall be equivalent in fair market value and
    38  usefulness to the lands being alienated or converted.
    39    § 6. This act shall take effect immediately.