Bill Text: NY S07774 | 2015-2016 | General Assembly | Amended

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Bill Title: Authorizes the town of Brookhaven to transfer ownership of certain parklands to SMW Property Holdings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-07-21 - SIGNED CHAP.221 [S07774 Detail]

Download: New_York-2015-S07774-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 7774--B                                           A. 10147--B
            Cal. No. 1307
                SENATE - ASSEMBLY
                                      May 12, 2016
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said  committee, ordered to first and second report, amended on second
          report, ordered to a third reading, and to be  reprinted  as  amended,
          retaining its place in the order of third reading
        IN  ASSEMBLY -- Introduced by M. of A. PALUMBO -- read once and referred
          to the Committee on Local Governments --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  in  relation  to authorizing the town of Brookhaven to transfer
          ownership of certain parklands to SMW Property Holdings
          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 Brook-
     2  haven, county of Suffolk, acting by and through its town board, is here-
     3  by authorized to discontinue as parklands and alienate  the  lands  more
     4  particularly  described  in  section  three of this act, and convey such
     5  parklands, upon such terms and conditions as deemed appropriate  by  the
     6  governing body of the town of Brookhaven, to SMW Property Holdings LLC.
     7    § 2. The authorization contained in section one of this act shall take
     8  effect only upon the condition that the town of Brookhaven shall acquire
     9  and  dedicate  the  lands described in section four of this act as addi-
    10  tional parklands of the town.
    11    §  3.  The  lands   known   as   Suffolk   County   Tax   Map   Number
    12  0200-101.00-01.00-002.000  that  are  to be discontinued as parkland and
    13  alienated and conveyed to SMW Property Holdings LLC pursuant to  section
    14  one of this act are bounded and described as follows:
    15    ALL  that  certain  plot,  piece or parcel of land, with the buildings
    16  thereon erected, situate, lying and being at Rocky Point, Town of Brook-
    17  haven, County of Suffolk and State of New York more particularly bounded
    18  and described as follows:
    19    BEGINNING at a point on the northerly line of  New  York  State  Route
    20  25A,  distant  979.33  feet  westerly  from  the westerly end of a curve
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15364-06-6
        S. 7774--B                          2                        A. 10147--B
     1  having a radius of 20.00  feet  and  arc  length  of  32.07  feet  which
     2  connects the northerly line of New York State Route 25A and the westerly
     3  line of Fairway Drive;
     4    RUNNING  THENCE North 79 degrees 25 minutes 00 seconds West, along New
     5  York State Route 25A, 150.00 feet;
     6    RUNNING THENCE North 10 degrees 35 minutes  00  seconds  East,  250.00
     7  feet;
     8    RUNNING  THENCE  South  79  degrees 25 minutes 00 seconds East, 150.00
     9  feet;
    10    RUNNING THENCE South 10 degrees 35 minutes  00  seconds  West,  250.00
    11  feet  to the northerly line of New York State Route 25A, at the point or
    12  place of BEGINNING. The said parcel containing 37,500.00 square feet  or
    13  0.86 acres.
    14    §   4.   The   lands   known   as   Suffolk   County  Tax  Map  Number
    15  0200-096.00-07.00-001.000 that are to be acquired by the town of  Brook-
    16  haven,  county of Suffolk, and dedicated as parkland pursuant to section
    17  two of this act are bounded and described as follows:
    18    ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, situate,  lying,  and
    19  being  at  Miller Place, town of Brookhaven, county of Suffolk and state
    20  of New York, bounded and described as follows:
    21    BEGINNING at the corner formed by the  intersection  of  the  easterly
    22  side  of  Pipe  Stave  Hollow  Road (also known as Hopkins Road) and the
    23  southerly side of Echo Avenue (Hallock Avenue);
    24    RUNNING THENCE from said point or place of beginning along the  south-
    25  erly  side  of  Echo Avenue, north 62 degrees 11 minutes 15 seconds east
    26  316.00 feet to land now or formerly of town of Brookhaven;
    27    RUNNING THENCE along said land, south 09 degrees 57 minutes 45 seconds
    28  east along said land 394.31 feet to  the  northerly  side  of  the  Long
    29  Island power authority right of way;
    30    THENCE along said right of way, south 89 degrees 40 minutes 30 seconds
    31  west  230.00  feet  to the easterly side of Pipe Stave Hollow Road (also
    32  known as Hopkins Road);
    33    THENCE along the easterly side of Pipe Stave  Hollow  Road,  north  25
    34  degrees  55 minutes 06 seconds west 269.32 feet to the point or place of
    35  beginning. The said parcel containing 87,234 square feet or 2.002 acres.
    36    § 5. In the event that the parklands to be acquired and  dedicated  by
    37  the  town of Brookhaven pursuant to this act are not of equal or greater
    38  fair market value to the parklands to be discontinued and conveyed,  the
    39  town  of  Brookhaven  shall  dedicate  the difference of the fair market
    40  value of the lands to be alienated and the lands to be dedicated for the
    41  acquisition of additional parklands and/or for capital  improvements  to
    42  existing park and recreational facilities.
    43    §  6.  In  the  event that the town of Brookhaven received any funding
    44  support or assistance from the  federal  government  for  the  purchase,
    45  maintenance  or  improvement of the parklands set forth in section three
    46  of this act, the discontinuance and alienation of such parkland  author-
    47  ized  by  the  provisions  of this act shall not occur until the town of
    48  Brookhaven has complied with any federal requirements pertaining to  the
    49  alienation  or  conversion  of  such parklands, including satisfying the
    50  secretary of the interior that the  alienation  or  conversion  complies
    51  with  all conditions which the secretary of the interior deems necessary
    52  to assure the substitution of other lands shall be  equivalent  in  fair
    53  market value and usefulness to the lands being alienated or converted.
    54    § 7. This act shall take effect immediately.