Bill Text: NY A07609 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes the county of Suffolk to alienate certain lands used as parkland to Russel and Deana Galindo for the purpose of residential improvements and to dedicate certain other lands as parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-04 - print number 7609b [A07609 Detail]

Download: New_York-2019-A07609-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7609--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 14, 2019
                                       ___________

        Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
          Committee on Local Governments --  recommitted  to  the  Committee  on
          Local  Governments  in  accordance  with  Assembly  Rule  3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said  committee -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee

        AN  ACT authorizing the county of Suffolk to alienate certain lands used
          as parkland and to dedicate certain 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 county of
     2  Suffolk, acting by and through its governing body and  upon  such  terms
     3  and  conditions  as  determined  by  such  board is hereby authorized to
     4  discontinue as parklands and alienate the  lands  described  in  section
     5  three  of  this act to Russel and Deana Galindo for the purpose of resi-
     6  dential improvements.
     7    § 2. The authorization provided in section one of this  act  shall  be
     8  effective  only  upon the condition that Russel and Deana Galindo convey
     9  to the county of Suffolk, and that the county  of  Suffolk  acquire  and
    10  dedicate  the  lands described in section four of this act as parklands,
    11  provided that the county of Suffolk has never used such lands for public
    12  open space or park purposes.
    13    § 3. The parklands authorized by section one of this act to be  alien-
    14  ated  are  described as follows:  All that certain plot, piece or parcel
    15  of land, with the buildings and improvements thereon  erected,  situate,
    16  lying  and  being in Smithtown, town of Smithtown, county of Suffolk and
    17  the state of  New  York  situated  being  more  particular  bounded  and
    18  described as follows:
    19  BEGINNING  at  a  point  of being south 80 degrees 13 minutes 30 seconds
    20  west 75.71 feet from the south easterly corner of map entitled "prestige

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11517-06-0

        A. 7609--B                          2

     1  estates at smithtown" filed in the  Suffolk  county  clerk's  office  on
     2  September 9, 2005 under map no. 11304
     3  THENCE running south 09 degrees 46 minutes 04 seconds east 56.91 feet.
     4  THENCE running south 79 degrees 36 minutes 19 seconds west 227.94 feet.
     5  THENCE running north 27 degrees 33 minutes27 seconds west 14.99 feet.
     6  THENCE  running  along  a  curve  bearing  to the right with a radius of
     7  600.00 feet and a length of 234.12 feet said curve also having  a  chord
     8  bearing  of  north 69 degrees 02 minutes 48 seconds east and a length of
     9  232.64 feet.
    10  THENCE running north 80 degrees 13 minutes 30 seconds east 4.29 feet  to
    11  a  point  or  place of beginning. Containing a total of 10,113.62 square
    12  feet or approximately 0.232 acres.
    13  Parcel Also known as Suffolk County Tax Map # 0800-022.00-01.00- Part of
    14  009.000.
    15    § 4.   Prior to the  discontinuance  of  the  parklands  described  in
    16  section  three of this act, Russel and Deana Galindo shall convey to the
    17  county of Suffolk, and the county of Suffolk shall acquire and  dedicate
    18  as parklands, such land described as follows:
    19    All that certain plot, piece or parcel of land, with the buildings and
    20  improvements  thereon  erected,  situate,  lying and being in Smithtown,
    21  town of Smithtown, county of Suffolk and the State of New York  situated
    22  being more particularly bounded and described as follows:
    23    BEGINNING  at  a point being the south easterly corner of map entitled
    24  "prestige estates at smithtown" filed  in  the  Suffolk  county  clerk's
    25  office on September 9, 2005 under Map No.  11304;
    26    THENCE running south 80 degrees 13 minutes 30 seconds west 75.71 feet.
    27    THENCE  running  north  09  degrees  46 minutes 04 seconds west 132.98
    28  feet.
    29    THENCE running north 75 degrees 01 minutes 50 seconds east 76.01 feet.
    30    THENCE running south 09 degrees 46 minutes 30 seconds east 139.86 feet
    31  to the point of place of beginning. Containing 10,327.43 square feet  or
    32  approximately 0.237 acres.
    33    Parcel  also  known as Suffolk County tax map # 0800-022.00-01.00-Part
    34  of 008.004.
    35    § 5. In the  event  that  the  fair  market  value  of  the  parklands
    36  described  in  section four of this act to be dedicated by the county of
    37  Suffolk pursuant to this act are not equal to or greater than  the  fair
    38  market  value  of  the parklands to be alienated as described in section
    39  three of this act, the county of Suffolk shall dedicate  the  difference
    40  of  the  fair market value of the lands to be alienated and the lands to
    41  be dedicated for the acquisition of additional parklands and/or  capital
    42  improvements to existing park and recreational facilities.
    43    §  6.  In  the  event  that the county of Suffolk received any funding
    44  support or assistance from the  federal  government  for  the  purchase,
    45  maintenance  or  improvement of the parklands set forth in section three
    46  of this act, the discontinuance and alienation of such parkland  author-
    47  ized  by the provisions of this act shall not occur until Suffolk county
    48  has complied with any federal requirements pertaining to the  alienation
    49  or  conversion  of  parklands, including satisfying the secretary of the
    50  interior that the alienation or conversion complies with all  conditions
    51  which  the  secretary  of  the  interior  deems  necessary to assure the
    52  substitution of other lands shall be equivalent in fair market value and
    53  usefulness to the lands being alienated or converted.
    54    § 7. This act shall take effect immediately.
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