Bill Text: NY S08385 | 2017-2018 | General Assembly | Amended

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Bill Title: Authorizes the town of Brookhaven, county of Suffolk, to alienate certain parcels of land used as parklands and to dedicate other lands as parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-28 - SIGNED CHAP.504 [S08385 Detail]

Download: New_York-2017-S08385-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8385--A                                           A. 10508--A
                SENATE - ASSEMBLY
                                       May 4, 2018
                                       ___________
        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
        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
        AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
          ate certain parklands and to dedicate other lands as 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, acting by and through its governing body and upon  such  terms  and
     3  conditions as determined by such body is hereby authorized to discontin-
     4  ue  as  parkland and to alienate the lands described in section three of
     5  this act for highway department purposes including the construction of a
     6  shed.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective  only  upon the condition that the town of Brookhaven dedicate
     9  the lands described in section four of this act as  parklands;  provided
    10  that  the  town  of Brookhaven has never used such lands for public open
    11  space or park purposes.
    12    § 3. The parklands authorized by section one of this act to be  alien-
    13  ated as parklands is described as follows:
    14    All  that  certain  plot, piece, or parcel of land, situate, lying and
    15  being in Shoreham, Town of Brookhaven, County of Suffolk, State  of  New
    16  York,  and being part of a Lot for Open Space on the "Survey of Proposed
    17  Open Space, Middlecross Estates, Section 2" prepared  by  Henderson  and
    18  Bodwell  and dated November 6, 1995, and also as shown on a map entitled
    19  "Map 1 - Land Use Swap,"  prepared  by  L.K.  McLean  Associates,  dated
    20  September  25,  2017;  said property being more particularly bounded and
    21  described as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15488-04-8
        S. 8385--A                          2                        A. 10508--A
     1    Beginning at a point formed by the intersection of the easterly bound-
     2  ary line of Ridge Road with  the  southerly  boundary  line  of  Radford
     3  Street  (not  open);  said point being the following two (2) bearing and
     4  distances from the northerly terminus of a curve joining the said  east-
     5  erly  boundary  line  of  Ridge Road with the northerly boundary line of
     6  Framingham Lane:
     7    1. North 18° 16' 00" East, a distance  of  107.21  feet  to  a  point;
     8  thence
     9    2.  North, 16° 41' 41" East, a distance of 444.33 feet to the point of
    10  beginning;
    11    Thence, from said point of beginning, South 88°21'40" East, along  the
    12  said southerly boundary line of Radford Street (not open), a distance of
    13  119.69  feet  to a point on the westerly boundary line of Portman Avenue
    14  (not open);
    15    Thence, South 1°38'20" West, along  said  westerly  boundary  line,  a
    16  distance of 193.13 feet to a point;
    17    Thence,  North  88°21'40" West, through the said Lot for Open Space, a
    18  distance of 171.64 feet to a point on the first mentioned easterly boun-
    19  dary line of Ridge Road;
    20    Thence, North 16°41'41" East, along said  easterly  boundary  line,  a
    21  distance of 200.00 feet to the point or place of beginning.
    22    Subject  parcel  area  being 28,133 square feet or 0.646 acre, more or
    23  less.
    24    Part of Suffolk County Tax Map No. 0200-125.00-05.00-001.001.
    25    Subject to all rights, easements, covenants or restrictions of record.
    26    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    27  described  in  section  three  of this act, the town of Brookhaven shall
    28  dedicate as parklands such land described as follows:
    29    All that certain plot, piece, or parcel of land,  situate,  lying  and
    30  being  in  Shoreham, Town of Brookhaven, County of Suffolk, State of New
    31  York, being known as Lots 833 through 840 inclusive,  Lots  921  through
    32  928  inclusive,  Lots  953 through 957 inclusive, part of Portman Avenue
    33  (not open) and part of Villa Street (not open) on a map entitled "Map of
    34  Shoreham Heights Park, Section C" filed in the  Suffolk  County  Clerk's
    35  Office  on February 13, 1908 as File Map No. 543, and also as shown on a
    36  map entitled "Map 3 - Land Use Swap," prepared by  L.K.  Mclean  Associ-
    37  ates,  dated  September  25, 2017; said property being more particularly
    38  bounded and described as follows:
    39    Beginning at a point formed by the intersection of the  proposed  line
    40  for  land  use  conveyance  with  the  westerly boundary line of Portman
    41  Avenue (not open); said point being the following four (4) bearings  and
    42  distances  from the northerly terminus of a curve joining the said east-
    43  erly boundary line of Ridge Road with the  northerly  boundary  line  of
    44  Framingham Lane:
    45    1.  North 18° 16' 00" East, along said easterly boundary line of Ridge
    46  Road, a distance of 107.21 feet to a point; thence
    47    2. North 16° 41' 41" East, continuing  along  said  easterly  boundary
    48  line,  a  distance  of  444.33 feet to a point in the southerly boundary
    49  line of Radford Street (not open); thence
    50    3. South 88° 21' 40" East,  along  said  southerly  boundary  line,  a
    51  distance of 119.69 feet to a point on the first mentioned westerly boun-
    52  dary line of Portman Avenue (not open); thence
    53    4.  South  1°  38'  20"  West,  along  said  westerly boundary line, a
    54  distance of 193.13 feet to the point of beginning;
    55    Thence, from said point of beginning, North 88° 21' 40" West,  through
    56  the  bed  of  Portman  Avenue  (not open), a distance of 43.00 feet to a
        S. 8385--A                          3                        A. 10508--A
     1  point on the westerly boundary line of land now or formerly  Union  Free
     2  School District No. 10;
     3    Thence,  along  said  westerly  boundary  line  of  Union  Free School
     4  District No. 10 the following two (2) bearings and distances:
     5    1. South 1° 38' 20" West, a distance of 106.87 feet to a point;
     6    2. South 88° 21' 40" East, a distance of 207.00 feet to a point on the
     7  westerly boundary line of Pulaski Avenue (not open);
     8    Thence, South 1° 38' 20" West, along said westerly  boundary  line,  a
     9  distance of 250.00 feet to a point on the northerly boundary line of Lot
    10  29  on  Map of Middlecross Estates, Section 3, filed February 8, 1996 in
    11  the Suffolk County Clerk's Office as File Map No. 9803;
    12    Thence, North 88° 21' 40" West, along said northerly boundary line,  a
    13  distance  of  350.00  feet  to a point on the easterly line of Lot 30 of
    14  said File Map No. 9803;
    15    Thence, North 1° 38' 20" East, along said easterly  boundary  line,  a
    16  distance  of  250.00  feet  to a point on the southerly boundary line of
    17  land now or formerly of Town of Brookhaven (Open Space);
    18    Thence, South 88° 21' 40" East, along said southerly boundary line,  a
    19  distance of 100.00 feet to a point on the easterly boundary line of said
    20  land now or formerly of Town of Brookhaven (Open Space);
    21    Thence,  North  1°  38' 20" East, along said easterly boundary line, a
    22  distance of 106.87 feet to the point or place of beginning.
    23    Subject Parcel area being 92,085 square feet or 2.114 acres,  more  or
    24  less.
    25    Part  of  Suffolk  County  Tax  Map Nos. 0200-125.00-02.00-046.001 and
    26  046.002.
    27    § 5. In the  event  that  the  fair  market  value  of  the  parklands
    28  described  in  section  four of this act to be dedicated as parklands by
    29  the town of Brookhaven pursuant to this act are not equal to or  greater
    30  than  the  fair market value of the parklands described in section three
    31  of this act being alienated as parklands, the town of  Brookhaven  shall
    32  dedicate  the  difference  of  the  fair market value of the lands to be
    33  alienated and the lands to be dedicated for  the  acquisition  of  addi-
    34  tional parklands and/or capital improvements to existing park and recre-
    35  ational facilities.
    36    §  6.  In  the  event that the town of Brookhaven received any funding
    37  support or assistance from the  federal  government  for  the  purchase,
    38  maintenance  or  improvement of the parklands set forth in section three
    39  of this act, the discontinuance and alienation of such parkland  author-
    40  ized  by  the  provisions  of this act shall not occur until the town of
    41  Brookhaven has complied with any federal requirements pertaining to  the
    42  alienation  or  conversion of parklands, including satisfying the secre-
    43  tary of the interior that the alienation or conversion complies with all
    44  conditions which the secretary of the interior deems necessary to assure
    45  the substitution of other lands shall be equivalent in fair market value
    46  and recreational usefulness to the lands being alienated or converted.
    47    § 7. This act shall take effect immediately.