Bill Text: NY A05716 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to authorizing the town of Smithtown, county of Suffolk, to alienate and convey certain parcels of land used as parklands to facilitate the placement and operation of a sewer pump station.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-02 - reported referred to ways and means [A05716 Detail]

Download: New_York-2019-A05716-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5716
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
          Committee on Local Governments
        AN ACT in relation to authorizing  the  town  of  Smithtown,  county  of
          Suffolk,  to alienate and convey certain parcels of land used as park-
          lands
          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 Smith-
     2  town, located in the county of Suffolk, acting by and through  its  town
     3  board and upon such terms and conditions as determined by such board, is
     4  hereby  authorized  to  discontinue  as parklands and alienate the lands
     5  more particularly described in section three of this act, and to  trans-
     6  fer  such lands to the county of Suffolk to facilitate the placement and
     7  operation of a sewer pump station at the Town of Smithtown Department of
     8  Parks, Buildings and Grounds.
     9    § 2. The authorization contained in section one of this act shall take
    10  effect only upon the condition that the town of  Smithtown  dedicate  an
    11  amount  equal  to or greater than the fair market value of the parklands
    12  being discontinued towards  the  acquisition  of  new  parklands  and/or
    13  towards  capital  improvements  to  existing  parkland  and recreational
    14  facilities.
    15    § 3. The parklands authorized by section one of this act to be  alien-
    16  ated and transferred to the county of Suffolk are described as follows:
    17    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
    18  improvements  thereon  erected,  situate, lying and being at Kings Park,
    19  Town of Smithtown, County of Suffolk and State of New York, more partic-
    20  ularly bounded and described as follows:
    21    Beginning at a point at the northeast corner of the  herein  described
    22  parcel,  said  point  being  situate the following three (3) courses and
    23  distances as measured from the monument found on the southerly  side  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08689-01-9

        A. 5716                             2
     1  Main  Street  (NYS  Route  25A) at the division line between land now or
     2  formerly State of New York and land of the party of the first part:
     3    (1) south 85 degrees 40 minutes 00 seconds west 11.90 feet as measured
     4  along the southerly side of Main Street (NYS Route 25A);
     5    (2)  south  03 degrees 55 minutes 48 seconds east 194.45 feet as meas-
     6  ured along land of the party of the first part;
     7    (3) south 85 degrees 40 minutes 00 seconds west 171.02 feet  as  meas-
     8  ured along land of the party of the first part.
     9    Running  thence from said point of beginning through land of the party
    10  of the first part the following four courses of distances:
    11    (1) south 04 degrees 20 minutes 00 seconds east 50 feet;
    12    (2) south 85 degrees 40 minutes 00 seconds west 80 feet;
    13    (3) north 04 degrees 20 minutes 00 seconds west 50 feet;
    14    (4) north 85 degrees 40 minutes 00 seconds east 80 feet to  the  point
    15  or place of beginning.
    16    Total of 4,000 square feet.
    17    Together with an access easement, bounded and described as follows:
    18    Beginning  at  a point on the southerly side of Main street (NYS Route
    19  25A), said point being situate south 85 degrees 40  minutes  00  seconds
    20  west as measured along the southerly side of Main Street (NYS Route 25A)
    21  11.90  feet from the division line between land now or formerly State of
    22  New York and land of the party of the first part;
    23    Running thence from said point of beginning through land of the  party
    24  of the first part the following five (5) courses and distances:
    25    (1) south 03 degrees 55 minutes 48 seconds east 194.45 feet;
    26    (2) south 85 degrees 40 minutes 00 seconds west 251.02 feet;
    27    (3) north 04 degrees 20 minutes 00 seconds west 24.00 feet;
    28    (4) south 85 degrees 40 minutes 00 seconds east 221.19 feet;
    29    (5)  north  03  degrees  55 minutes 48 seconds west 170.45 feet to the
    30  southerly side of Main Street (NYS Route 25A);
    31    Running thence north 85 degrees 40 minutes 00 seconds east  along  the
    32  southerly side of Main Street (NYS Route 25A) 30.00 feet to the point or
    33  place  of  beginning.  Total  of  11,140 square footage or 0.26 acres of
    34  parkland.
    35    § 4. Should the lands described in section three of this act cease  to
    36  be  used  for  the  purposes described in section one of this act, those
    37  lands shall revert to the town of Smithtown for public park  and  recre-
    38  ational purposes. At the time of such reversion, the county shall remove
    39  the  sewer pump station and the property shall be returned to its previ-
    40  ous state, consistent with park and recreational purposes.
    41    § 5. In the event that the town  of  Smithtown  received  any  funding
    42  support  or  assistance  from  the  federal government for the purchase,
    43  maintenance or improvement of the parklands set forth in  section  three
    44  of  this act, the discontinuance and alienation of such parkland author-
    45  ized by the provisions of this act shall not occur  until  the  town  of
    46  Smithtown  has  complied with any federal requirements pertaining to the
    47  alienation or conversion of parkland, including satisfying the secretary
    48  of the interior that the alienation  or  conversion  complies  with  all
    49  conditions which the secretary of the interior deems necessary to assure
    50  the substitution of other lands shall be equivalent in fair market value
    51  and usefulness to the lands being alienated or converted.
    52    § 6. This act shall take effect immediately.
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