Bill Text: NY S06356 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes the town of Brookhaven, county of Suffolk, to alienate certain lands used as parkland and to dedicate certain other lands as parklands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-06-02 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06356 Detail]
Download: New_York-2021-S06356-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6356--A 2021-2022 Regular Sessions IN SENATE April 23, 2021 ___________ Introduced by Sen. PALUMBO -- 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 Brookhaven, county of Suffolk, to alien- ate 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. Subject to the provisions of this act, the town of Brookha- 2 ven, county of Suffolk, acting by and through its governing body, and 3 upon such terms and conditions as determined by such body, is hereby 4 authorized to discontinue as parkland the lands more particularly 5 described in section three of this act and convey such lands to New York 6 Site Operations, LLC for the purpose of improving rail access. 7 § 2. The authorization provided in section one of this act shall be 8 effective only upon the condition that the town of Brookhaven, county of 9 Suffolk, dedicate the lands more particularly described in section four 10 of this act for parkland purposes, provided that the town of Brookhaven 11 has never used such lands for public open space or park purposes. 12 § 3. The parklands authorized by section one of this act to be alien- 13 ated are described as follows: 14 Beginning at the northeast corner of the herein described property, 15 said point being more particularly described thus: 16 Commencing at the intersection of the easterly line of Old Town Road 17 with the northerly line of Horse Block Road (Suffolk County Route 16), 18 said point being the southwest corner of property acquired by the County 19 of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled 20 "Map Showing Property to be Acquired from Decca Navigator System, Inc. 21 for County Purposes" County of Suffolk Department of Public Works R.M. 22 Kammerer, Commissioner. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10926-03-1S. 6356--A 2 1 Running thence along the northerly line of Horse Block Road (C.R. 16) 2 the following seven courses: 3 1. South 75°01'07" East 163.82 feet; 4 2. Along the arc of a circular curve to the right having a radius of 5 1,945.86 feet, tangent to the previous course, said curve has a chord 6 which bears South 73°24'46" East 109.06 feet, an arc length of 109.07 7 feet to a point of reverse curvature; 8 3. Along the arc of a circular curve to the left having a radius of 9 1,873.86 feet, tangent to the previous curve, said curve has a chord 10 which bears South 73°24'46" East 105.02 feet, an arc length of 105.04 11 feet; 12 4. South 75°01'07" East, tangent to the previous curve, 79.43 feet; 13 5. South 05°32'27" East 19.19 feet; 14 6. South 75°01'07" East 104.97 feet; 15 7. South 79°17'52" East 184.55 feet, to the westerly line of land now 16 or formerly of Rosh, LLC.; 17 Thence, along said westerly line, North 05°32'27" West 2,605.87 feet, 18 to the southerly line of land of the County of Suffolk; 19 Thence along lands of the County of Suffolk the following eight cours- 20 es: 21 1. South 84°27'33" West 275.15 feet; 22 2. North 05°32'27" West 1.82 feet; 23 3. North 05°23'40" West 1,890.10 feet; 24 4. North 03°49'20" West 15.25 feet; 25 5. North 05°32'38" West 34.99 feet; 26 6. North 44°00'41" West 312.52 feet; 27 7. North 49°00'49" West 339.27 feet; 28 8. North 05°20'34" West 3,196.62 feet, to the southerly line of the 29 Long Island Railroad as monumented; 30 Thence along the southerly line of the Long Island Railroad as monu- 31 mented, South 82°57'08" West, 877.24 feet, to the northeast corner of 32 the herein described property at the Point of Beginning; 33 Thence South 05°27'31" East 384.27 feet ; 34 Thence North 67°06'35" West 769.69 feet to the southerly line of the 35 Long Island Railroad as monumented; 36 Thence along the southerly line of the Long Island Railroad as monu- 37 mented, North 82°57'08" East 677.64 feet to the Point of Beginning. 38 Containing within said bounds 2.99 Acres 39 § 4. Prior to the discontinuance and alienation of the parklands 40 described in section three of this act, the town of Brookhaven shall 41 dedicate as parklands such lands described as follows: 42 Beginning at the southeast corner of the herein described property, 43 said point being more particularly described thus: 44 Commencing at the intersection of the easterly line of Old Town Road 45 with the northerly line of Horse Block Road (Suffolk County Route 16), 46 said point being the southwest corner of property acquired by the County 47 of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled 48 "Map Showing Property to be Acquired from Decca Navigator System, Inc. 49 for County Purposes" County of Suffolk Department of Public Works R.M. 50 Kammerer, Commissioner. 51 Running thence along the northerly line of Horse Block Road (C.R. 16) 52 the following seven courses: 53 1. South 75°01'07" East 163.82 feet; 54 2. Along the arc of a circular curve to the right having a radius of 55 1,945.86 feet, tangent to the previous course, said curve has a chordS. 6356--A 3 1 which bears South 73°24'46" East 109.06 feet, an arc length of 109.07 2 feet to a point of reverse curvature; 3 3. Along the arc of a circular curve to the left having a radius of 4 1,873.86 feet, tangent to the previous curve, said curve has a chord 5 which bears South 73°24'46" East 105.02 feet, an arc length of 105.04 6 feet; 7 4. South 75°01'07" East, tangent to the previous curve, 79.43 feet; 8 5. South 05°32'27" East 19.19 feet; 9 6. South 75°01'07" East 104.97 feet; 10 7. South 79°17'52" East 184.55 feet, to the westerly line of land now 11 or formerly of Rosh, LLC.; 12 Thence, along said westerly line, North 05°32'27" West 2,605.87 feet, 13 to the southerly line of land of the County of Suffolk; 14 Thence along lands of the County of Suffolk the following eight cours- 15 es: 16 1. South 84°27'33" West 275.15 feet; 17 2. North 05°32'27" West 1.82 feet; 18 3. North 05°23'40" West 1,890.10 feet; 19 4. North 03°49'20" West 15.25 feet; 20 5. North 05°32'38" West 34.99 feet; 21 6. North 44°00'41" West 312.52 feet; 22 7. North 49°00'49" West 339.27 feet; 23 8. North 05°20'34" West 1,467.95 feet, to the Point of Beginning. 24 RUNNING thence South 84°16'27" West 598.41 feet; 25 Thence North 05°27'31" West 442.71 feet; 26 Thence North 84°32'29" East 599.29 feet; 27 Thence South 05°20'34" East 439.92 feet to the Point of Beginning. 28 Containing within said bounds 6.13 Acres 29 § 5. In the event that the fair market value of the lands described in 30 section four of this act to be dedicated by the town of Brookhaven 31 pursuant to this act are not equal to or greater than the fair market 32 value of the parklands to be alienated as described in section three of 33 this act, the town of Brookhaven, shall dedicate the difference of fair 34 market value of the lands to be alienated and the lands to be dedicated 35 for the acquisition of additional parklands and/or capital improvements 36 to existing park and recreational facilities. 37 § 6. In the event that the town of Brookhaven received any funding 38 support or assistance from the federal government for the purchase, 39 maintenance or improvement of the parklands set forth in section three 40 of this act, the discontinuance and alienation of such parkland author- 41 ized by the provisions of this act shall not occur until the town of 42 Brookhaven has complied with any federal requirements pertaining to the 43 alienation or conversion of parklands, including satisfying the secre- 44 tary of the interior that the alienation or conversion complies with all 45 conditions which the secretary of the interior deems necessary to assure 46 the substitution of other lands shall be equivalent in fair market value 47 and usefulness to the lands being alienated or converted. 48 § 7. This act shall take effect immediately.
