Bill Text: NY A05365 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the town of Brookhaven, county of Suffolk to amend an existing conservation easement to allow for rail access and service.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - referred to local governments [A05365 Detail]
Download: New_York-2023-A05365-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5365 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. DeSTEFANO -- read once and referred to the Committee on Local Governments AN ACT authorizing the town of Brookhaven, county of Suffolk to amend a conservation easement 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 amend its rights acquired in a conservation easement over 5 the lands more particularly described in section three of this act, 6 which are held pursuant to section 247 of the general municipal law and 7 title 3 of article 49 of the environmental conservation law, adjusting 8 the boundaries of the conservation easement by removing from the conser- 9 vation easement the lands more particularly described in section four of 10 this act for the express purpose of allowing rail access. 11 § 2. The authorization to amend such conservation easement shall be 12 effective only upon the condition that the town of Brookhaven, county of 13 Suffolk add to the conservation easement the lands more particularly 14 described in section five of this act to conserve, preserve and protect 15 environmental assets, natural resources, open space and forest lands. 16 § 3. The conservation easement subject to this act consists of approx- 17 imately 62 acres of land, which is more particularly described as 18 follows: 19 Preserve Area A (West of Rail Corridor) 20 Suffolk County Real Property Tax Service Designation: 21 District: 0200 22 Section: 815.00 23 Block: 01.00 24 Lots: Part of 004.004, 006.002, Old Town Road EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09637-01-3A. 5365 2 1 ALL that certain plot, piece or parcel of land, situate, lying and being 2 at Yaphank, Town of Brookhaven, County of Suffolk and State of Now York, 3 being bounded and described as follows: 4 BEGINNING at the northeast corner of the herein described property, said 5 point being more particularly described thus: 6 COMMENCING at the intersection of the easterly line of Old Town Road 7 with the northerly line of Horse Block Road (Suffolk County Route 16), 8 said point being the south west corner of property acquired by the Coun- 9 ty of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled 10 "Map Showing Property to be Acquired from Decca Navigator System, Inc. 11 for County Purposes" County of Suffolk Department of Public Works R.M. 12 Kammerer, Commissioner. 13 RUNNING THENCE along the northerly line of Horse Block Road (C.R. 16) 14 the following seven courses: 15 1. South 75 degrees 01 minute 07 second East 163.82 feet; 16 2. Along the arc of a circular curve to the right having a radius of 17 1,945.86 feet, tangent to the previous course, said curve has a chord 18 which bears South 73 degrees 24 minute 46 seconds East 109.06 feet, an 19 arc length of 109.07 feet to a point of reverse curvature; 20 3. Along the arc of a circular curve to the left having a radius of 21 1,873.86 feet, tangent to the previous curve, said curve has a chord 22 which bears South 73 degrees 24 minutes 46 seconds East 106.02 feet, an 23 arc length of 106.04 feet; 24 4. South 75 degrees 01 minute 07 seconds East, tangent to the previous 25 curve, 79.43 feet; 26 5. South 05 degrees 32 minutes 27 seconds East 19.19 feet; 27 6. South 75 degrees 01 minute 07 seconds East 104.97 feet; 28 7. South 79 degrees 17 minutes 52 seconds East 184.55 feet, to the 29 westerly line of land now or formerly of Rosh, LLC; 30 THENCE, along said westerly line, North 05 degrees 32 minutes 27 seconds 31 West 2,605.87 feet, to the southerly line of land of the County of 32 Suffolk; 33 THENCE along lands of the County of Suffolk the following eight courses: 34 1. South 84 degrees 27 minutes 33 seconds West 275.15 feet; 35 2. North 05 degrees 32 minutes 27 seconds West 1.82 feet; 36 3. North 05 degrees 23 minutes 40 seconds West 1,890.10 feet; 37 4. North 03 degrees 49 minutes 20 seconds West 15.25 feet; 38 5. North 05 degrees 32 minutes 38 seconds West 34.99 feet; 39 6. North 44 degrees 00 minutes 41 seconds West 312.52 feet; 40 7. North 49 degrees 00 minutes 49 seconds West 339.27 feet; 41 8. North 05 degrees 20 minutes 34 seconds West 3,196 62 feet, to the 42 southerly line of the Long Island Railroad; 43 THENCE along the southerly line of the Long Island Railroad, South 82 44 degrees 57 minutes 08 seconds West, 877.24 feet, to the northeast corner 45 of the herein described property at the Point of Beginning; 46 THENCE South 05 degrees 27 minutes 31 seconds East 2,765.10 feet, to the 47 northerly line of land now or formerly of New York Pyrotechnics; 48 THENCE along said northerly line, South 84 degrees 19 minutes 38 seconds 49 West 710.58 feet; 50 THENCE North 04 degrees 46 minutes 00 seconds West 2,749.16 feet, to the 51 southerly line of the Long Island Railroad; 52 RUNNING THENCE along the southerly line of Long Island Railroad, North 53 82 degrees 57 minutes 08 seconds East 677.64 feet, to the point or place 54 of BEGINNING. 55 Preserved Area B (East of Rail Corridor) 56 Suffolk County Real Property Tax Service Designation:A. 5365 3 1 District: 0200 2 Section: 815.00 3 Block: 01.00 4 Lots: Part of 006.002 5 ALL that certain plot, piece or parcel of land, situate, lying and being 6 at Yaphank, Town of Brookhaven, County of Suffolk and State of New York, 7 being bounded and described a follows: 8 BEGINNING at the southeast corner of the herein described property, said 9 point being more particularly described thus: 10 COMMENCING at the intersection of the easterly line of Old Town Road 11 with the northerly line of Horse Block Road (Suffolk County Route 16), 12 said point being the southwest corner of property acquired by the County 13 of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled 14 "Map Showing Property to be Acquired from Decca Navigator System, Inc. 15 for County Purposes" County of Suffolk Department of Public Works R.M. 16 Kammerer, Commissioner. 17 RUNNING THENCE along the northerly line of Horse Block Road (C.R. 16) 18 the following seven courses: 19 1. South 75 degrees 01 minute 07 seconds East 163.82 feet; 20 2. Along the arc of a circular curve to the right having a radius of 21 1,945.86 feet, tangent to the previous course, said curve has a chord 22 which bears South 73 degrees 24 minutes 46 seconds East 109.06 feet, an 23 arc length of 109.07 feet to a point of reverse curvature; 24 3. Along the arc of a circular curve to the left having a radius of 25 1,873.86 feet, tangent to the previous curve, said curve has a chord 26 which bears South 73 degrees 24 minutes 46 seconds East 105.02 feet, an 27 arc length of 105.04 feet; 28 4. South 75 degrees 01 minute 07 seconds East, tangent to the previous 29 curve, 79.43 feet; 30 5. South 05 degrees 32 minutes 27 seconds East 19.19 feet; 31 6. South 75 degrees 01 minute 07 seconds East 104.97 feet; 32 7. South 79 degrees 17 minutes 52 seconds East 184.55 feet, to the 33 westerly line of land now or formerly of Rosh, LLC; 34 THENCE along said westerly line, North 05 degrees 32 minutes 27 seconds 35 West 2,605.87 feet, to the southerly line of land of the County of 36 Suffolk; 37 THENCE along lands of the County of Suffolk the following eight courses: 38 1. South 84 degrees 27 minutes 33 seconds West 275.15 feet; 39 2. North 05 degrees 32 minutes 27 seconds West 1.82 feet; 40 3. North 05 degrees 23 minutes 40 seconds West 1,890.10 feet; 41 4. North 03 degrees 49 minutes 20 seconds West 15.25 feet; 42 5. North 05 degrees 32 minutes 38 seconds West 34.99 feet; 43 6. North 44 degrees 00 minutes 41 seconds West 312.52 feet; 44 7. North 49 degrees 00 minutes 49 seconds West 339.27 feet; 45 8. North 05 degrees 20 minutes 34 seconds West 1,907.87 feet, to the 46 Point of Beginning. 47 RUNNING THENCE South 84 degrees 32 minutes 29 seconds West 599.29 feet; 48 THENCE North 06 degrees 27 minutes 31 seconds West 282.03 feet; 49 THENCE North 16 degrees 27 minutes 31 seconds West 115.18 feet; 50 THENCE North 05 degrees 27 minutes 31 seconds West 876.03 feet, to the 51 southerly line of the Long Island Railroad; 52 THENCE along the southerly line of the Long Island Railroad, North 82 53 degrees 57 minutes 08 seconds East 622.14 feet, to the westerly line of 54 land of the County of Suffolk; 55 THENCE South 05 degrees 20 minutes 34 seconds East, along said land, 56 1,288.75 feet, to the Point of BEGINNING.A. 5365 4 1 § 4. The land authorized by section one of this act to be removed from 2 the conservation easement consists of 2.99 acres of land and is more 3 particularly described as follows: 4 Beginning at the northeast corner of the herein described property, 5 said point being more particularly described thus: 6 Commencing at the intersection of the easterly line of Old Town Road 7 with the northerly line of Horse Block Road (Suffolk County Route 16), 8 said point being the southwest corner of property acquired by the County 9 of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled 10 "Map Showing Property to be Acquired from Decca Navigator System, Inc. 11 for County Purposes" County of Suffolk Department of Public Works R.M. 12 Kammerer, Commissioner. 13 Running thence along the northerly line of Horse Block Road (C.R. 16) 14 the following seven courses: 15 1. South 75°01'07" East 163.82 feet; 16 2. Along the arc of a circular curve to the right having a radius of 17 1,945.86 feet, tangent to the previous course, said curve has a chord 18 which bears South 73°24'46" East 109.06 feet, an arc length of 109.07 19 feet to a point of reverse curvature; 20 3. Along the arc of a circular curve to the left having a radius of 21 1,873.86 feet, tangent to the previous curve, said curve has a chord 22 which bears South 73°24'46" East 105.02 feet, an arc length of 105.04 23 feet; 24 4. South 75°01'07" East, tangent to the previous curve, 79.43 feet; 25 5. South 05°32'27" East 19.19 feet; 26 6. South 75°01'07" East 104.97 feet; 27 7. South 79°17'52" East 184.55 feet, to the westerly line of land now 28 or formerly of Rosh, LLC.; 29 Thence, along said westerly line, North 05°32'27" West 2,605.87 feet, 30 to the southerly line of land of the County of Suffolk; 31 Thence along lands of the County of Suffolk the following eight cours- 32 es: 33 1. South 84°27'33" West 275.15 feet; 34 2. North 05°32'27" West 1.82 feet; 35 3. North 05°23'40" West 1,890.10 feet; 36 4. North 03°49'20" West 15.25 feet; 37 5. North 05°32'38" West 34.99 feet; 38 6. North 44°00'41" West 312.52 feet; 39 7. North 49°00'49" West 339.27 feet; 40 8. North 05°20'34" West 3,196.62 feet, to the southerly line of the 41 Long Island Railroad as monumented; 42 Thence along the southerly line of the Long Island Railroad as monu- 43 mented, South 82°57'08" West, 877.24 feet, to the northeast corner of 44 the herein described property at the Point of Beginning; 45 Thence South 05°27'31" East 384.27 feet ; 46 Thence North 67°06'35" West 769.69 feet to the southerly line of the 47 Long Island Railroad as monumented; 48 Thence along the southerly line of the Long Island Railroad as monu- 49 mented, North 82°57'08" East 677.64 feet to the Point of Beginning. 50 Containing within said bounds 2.99 Acres 51 § 5. The land authorized by section two of this act to be added to the 52 conservation easement consists of 6.13 acres and is more particularly 53 described as follows: 54 Beginning at the southeast corner of the herein described property, 55 said point being more particularly described thus:A. 5365 5 1 Commencing at the intersection of the easterly line of Old Town Road 2 with the northerly line of Horse Block Road (Suffolk County Route 16), 3 said point being the southwest corner of property acquired by the County 4 of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled 5 "Map Showing Property to be Acquired from Decca Navigator System, Inc. 6 for County Purposes" County of Suffolk Department of Public Works R.M. 7 Kammerer, Commissioner. 8 Running thence along the northerly line of Horse Block Road (C.R. 16) 9 the following seven courses: 10 1. South 75°01'07" East 163.82 feet; 11 2. Along the arc of a circular curve to the right having a radius of 12 1,945.86 feet, tangent to the previous course, said curve has a chord 13 which bears South 73°24'46" East 109.06 feet, an arc length of 109.07 14 feet to a point of reverse curvature; 15 3. Along the arc of a circular curve to the left having a radius of 16 1,873.86 feet, tangent to the previous curve, said curve has a chord 17 which bears South 73°24'46" East 105.02 feet, an arc length of 105.04 18 feet; 19 4. South 75°01'07" East, tangent to the previous curve, 79.43 feet; 20 5. South 05°32'27" East 19.19 feet; 21 6. South 75°01'07" East 104.97 feet; 22 7. South 79°17'52" East 184.55 feet, to the westerly line of land now 23 or formerly of Rosh, LLC.; 24 Thence, along said westerly line, North 05°32'27" West 2,605.87 feet, 25 to the southerly line of land of the County of Suffolk; 26 Thence along lands of the County of Suffolk the following eight cours- 27 es: 28 1. South 84°27'33" West 275.15 feet; 29 2. North 05°32'27" West 1.82 feet; 30 3. North 05°23'40" West 1,890.10 feet; 31 4. North 03°49'20" West 15.25 feet; 32 5. North 05°32'38" West 34.99 feet; 33 6. North 44°00'41" West 312.52 feet; 34 7. North 49°00'49" West 339.27 feet; 35 8. North 05°20'34" West 1,467.95 feet, to the Point of Beginning. 36 RUNNING thence South 84°16'27" West 598.41 feet; 37 Thence North 05°27'31" West 442.71 feet; 38 Thence North 84°32'29" East 599.29 feet; 39 Thence South 05°20'34" East 439.92 feet to the Point of Beginning. 40 Containing within said bounds 6.13 Acres 41 § 6. This act shall take effect immediately.
