Bill Text: NY S08895 | 2021-2022 | General Assembly | Amended


Bill Title: Authorizes the village of Mineola, county of Nassau, to alienate certain parklands for use in the village of Mineola public water supply system and replace such alienated parkland with a new, dedicated parkland.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-12-16 - SIGNED CHAP.718 [S08895 Detail]

Download: New_York-2021-S08895-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8895--A

                    IN SENATE

                                     April 27, 2022
                                       ___________

        Introduced  by  Sen.  KAPLAN -- 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 authorizing the village of Mineola, county of Nassau, to alienate
          certain parklands for use in  the  village  of  Mineola  public  water
          supply  system  and  replace such alienated parkland with a new, dedi-
          cated parkland

          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 village of
     2  Mineola, located in the county of Nassau,  acting  by  and  through  its
     3  governing  body and upon such terms and conditions as determined by such
     4  body, is hereby authorized to discontinue as parklands and alienate  the
     5  lands  more particularly described in section three of this act, for the
     6  construction of necessary and appropriate water treatment facilities.
     7    § 2. The authorization contained in section one of this act shall take
     8  effect  only  upon  the  condition  that  the  village of Mineola  shall
     9  acquire  and  dedicate the lands of equal or greater  fair  market value
    10  that have never been used for park purposes described in section four of
    11  this act as additional parklands of the village.
    12    § 3. The parklands authorized by section one of this act to be discon-
    13  tinued as parklands are described as follows:
    14    All that piece or parcel of property,  situated  in  the  Incorporated
    15  Village  of  Mineola,  Nassau County, New York shown as Part of Lot 9 in
    16  Block 671 of Section 9 on the Nassau County Land and Tax Map, and  being
    17  more particularly described as follows:
    18    Beginning at a point on the westerly line of Eighth Avenue, said point
    19  being  124.53 feet northerly from the intersection of the northerly line
    20  of Old Country Road and the westerly line of Eighth Avenue;
    21    Thence South 85°26'06" West a distance of 100.27 feet to a point;
    22    Thence North 08°46'00" West a distance of 84.84 feet to a point;
    23    Thence North 81°14'00" East a distance of 100.00 feet to  a  point  on
    24  the westerly line of Eighth Avenue;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15468-05-2

        S. 8895--A                          2

     1    Thence South 08°46'00" East along the westerly line of Eighth Avenue a
     2  distance of 92.19 feet to the point or place of beginning.
     3    Said parcel containing 8,852 square feet or 0.2032 more or less acres.
     4    § 4. Prior to the discontinuance and alienation of parkland  described
     5  in section  three  of  this  act,  the village of Mineola, acting by and
     6  through  its governing body, shall dedicate replacement lands for use as
     7  parklands for public park purposes described as follows:
     8    All that piece or parcel of  property  situated  in  the  Incorporated
     9  Village of Mineola, Nassau County, New York, shown as part of Lot 225 on
    10  Block  1  in  Section  9 of the Nassau County Land and Tax Map and being
    11  more particularly described as follows:
    12    Beginning at a point on the easterly line of Emory  Road,  said  point
    13  being  357.41 feet southerly from the intersection of the southerly line
    14  of Wilson Boulevard and the easterly line of Emory Road;
    15    Thence North 76°20'00" East a distance of 41.20 feet to a point  on  a
    16  chain link fence;
    17    Thence  the  following  two  (2) courses and distance along said chain
    18  link fence:
    19    (1) Easterly along the arc of a curve to the left having a  radius  of
    20  69.11 feet and an arc length of 61.07 feet, subtended by a chord bearing
    21  South 78°55'29" East a distance of 59.101 feet to a point, and
    22    (2) North 76°32'16" East a distance of 77.15 feet to a point;
    23    Thence South 09°51'54" East a distance of 117.83 feet to a point;
    24    Thence  South  76°20'00"  West a distance of 164.21 feet to a point on
    25  the easterly line of Emory Road;
    26    Thence North 13°40'00" West along the easterly line of  Emory  Road  a
    27  distance of 142.59 feet to the point or place of beginning.
    28    Said  parcel  containing  21,222  square  feet or 0.4872 acres more or
    29  less.
    30    § 5. In the event that the parklands described in section four of this
    31  act  to  be  acquired and dedicated by the village of  Mineola  pursuant
    32  to  this act are not equal to or greater than  the  parklands  described
    33  in section  three  of this act being alienated, the village  of  Mineola
    34  shall  dedicate  the difference of the fair market value  of  the  lands
    35  to be alienated  and  the  lands  to be dedicated for the acquisition of
    36  additional parklands and/or capital improvements to  existing  park  and
    37  recreational facilities.
    38    § 6. In  the  event  that  the village of Mineola received any funding
    39  support  or assistance from the  federal  government  for  the purchase,
    40  maintenance,  or improvement of the parklands set forth in section three
    41  of this act, the discontinuance and alienation of such parklands author-
    42  ized by the provisions of this act shall not occur until the  county  of
    43  Nassau  has  complied  with  any  federal requirements pertaining to the
    44  alienation  or conversion of parklands, including satisfying  the secre-
    45  tary of the interior that the alienation or conversion complies with all
    46  conditions which the secretary of the interior deems necessary to assure
    47  the substitution of other lands shall be equivalent in fair market value
    48  and usefulness to the lands being alienated or converted.
    49    § 7. This act shall take effect immediately.
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