Bill Text: NY S09035 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the town of Brookhaven to alienate and discontinue the use of certain parklands for the purposes of developing a wastewater treatment plant.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2024-06-05 - returned to senate [S09035 Detail]

Download: New_York-2023-S09035-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9035--A

                    IN SENATE

                                     April 10, 2024
                                       ___________

        Introduced  by  Sen.  MURRAY -- 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 in relation to authorizing the town of Brookhaven to alienate 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  is hereby authorized, acting by and through its governing body, and
     3  upon such terms and  conditions  as  determined  by,  and  in  the  sole
     4  discretion  of  such  governing body, to discontinue the use as parkland
     5  and alienate the lands described in section three of this  act,  and  to
     6  convey property interests in such lands for the purposes of developing a
     7  wastewater treatment plant.
     8    § 2. The authorization contained in section one of this act shall only
     9  be  effective  on  the condition that the town of Brookhaven dedicate an
    10  amount equal to or greater than fair market value of the parklands being
    11  alienated pursuant to section one of this act towards the acquisition of
    12  new parklands and/or capital improvements to existing  park  and  recre-
    13  ational facilities.
    14    §  3.  The portion of land authorized by section one of this act to be
    15  permanently discontinued as parkland is described as follows:
    16    All that certain plot, piece or parcel of land,  lying  and  being  in
    17  Shirley,  Town  of  Brookhaven, County of Suffolk and State of New York,
    18  being a part of Lot 80 on the "Map of Country Woods at Colony Preserve",
    19  filed in the Office of the Suffolk County Clerk on August 22, 2013, File
    20  No. 11926, said premises being more particularly bounded  and  described
    21  as follows:
    22    BEGINNING  at  a  point  the  following courses and distances from the
    23  intersection of the westerly side of Mastic Road with the northerly side
    24  of Lincoln Avenue;
    25    1) Westerly along the northerly side of Lincoln Avenue 555 feet;
    26    2) S00°11"50"W, 442.14 feet to the TRUE POINT OR PLACE OF BEGINNING.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15163-03-4
        S. 9035--A                          2

     1    RUNNING THENCE S00°11'50"W, 380.27 feet;
     2    THENCE S00°11'38"W, 150.77 feet;
     3    THENCE N89°48'22"W, 501.79 feet;
     4    THENCE N00°11'50"E, 545.61 feet;
     5    THENCE S88°08'35"E, 502.00 feet to the POINT or PLACE OF BEGINNING.
     6    Containing within said bounds 6.2 acres, more or less.
     7    §  4.  In  the  event that the town of Brookhaven received any funding
     8  support or assistance from the  federal  government  for  the  purchase,
     9  maintenance,  or improvement of the parklands set forth in section three
    10  of this act, the discontinuance and alienation of such parklands author-
    11  ized by the provisions of this act shall not occur  until  the  town  of
    12  Brookhaven  has complied with any federal requirements pertaining to the
    13  alienation or conversion of parklands, including satisfying  the  secre-
    14  tary of the interior that the alienation or conversion complies with all
    15  conditions which the secretary of the interior deems necessary to assure
    16  the substitution of other lands shall be equivalent in fair market value
    17  and usefulness to the lands being alienated or converted.
    18    § 5. This act shall take effect immediately.