STATE OF NEW YORK ________________________________________________________________________ 7609 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 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 21 estates at smithtown" filed in the Suffolk county clerk's office on 22 September 9, 2005 under map no. 11304 23 THENCE running south 09 degrees 46 minutes 04 seconds east 56.91 feet. 24 THENCE running south 79 degrees 36 minutes 19 seconds west 227.94 feet. 25 THENCE running north 27 degrees 33 minutes27 seconds west 14.99 feet. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11517-01-9A. 7609 2 1 THENCE running along a curve bearing to the right with a radius of 2 600.00 feet and a length of 234.12 feet said curve also having a chord 3 bearing of north 69 degrees 02 minutes 48 seconds east and a length of 4 232.64 feet. 5 THENCE running north 80 degrees 13 minutes 30 seconds east 4.29 feet to 6 a point or place of beginning. Containing a total of 10,113.62 square 7 feet or approximately 0.232 acres. 8 Parcel Also known as Suffolk County Tax Map # 0800-022.00-01.00- Part of 9 009.000. 10 § 4. The replacement lands to be conveyed to the county and dedicated 11 as parkland are described as follows: 12 All that certain plot, piece or parcel of land, with the buildings and 13 improvements thereon erected, situate, lying and being in Smithtown, 14 town of Smithtown, county of Suffolk and the State of New York situated 15 being more particularly bounded and described as follows: 16 BEGINNING at a point being the south easterly corner of map entitled 17 "prestige estates at smithtown" filed in the Suffolk county clerk's 18 office on September 9, 2005 under Map No. 11304; 19 THENCE running south 80 degrees 13 minutes 30 seconds west 75.71 feet. 20 THENCE running north 09 degrees 46 minutes 04 seconds west 132.98 21 feet. 22 THENCE running north 75 degrees 01 minutes 50 seconds east 76.01 feet. 23 THENCE running south 09 degrees 46 minutes 30 seconds east 139.86 feet 24 to the point of place of beginning. Containing 10,327.43 square feet or 25 approximately 0.237 acres. 26 Parcel also known as Suffolk County tax map # 0800-022.00-01.00-Part 27 of 008.004. 28 § 5. In the event that the fair market value of the parklands 29 described in section four of this act to be dedicated by the county of 30 Suffolk pursuant to this act are not equal to or greater than the fair 31 market value of the parklands to be alienated as described in section 32 three of this act, the county of Suffolk shall dedicate the difference 33 of the fair market value of the lands to be alienated and the lands to 34 be dedicated for the acquisition of additional parklands and/or capital 35 improvements to existing park and recreational facilities. 36 § 6. In the event that the county of Suffolk received any funding 37 support or assistance from the federal government for the purchase main- 38 tenance or improvement of the parklands set forth in section three of 39 this act, the discontinuance and alienation of such parkland authorized 40 by the provisions of this act shall not occur until Suffolk county has 41 complied with any federal requirements pertaining to the alienation or 42 conversion of parklands, including satisfying the secretary of the inte- 43 rior that the alienation or conversion complies with all conditions 44 which the secretary of the interior deems necessary to assure the 45 substitution of other lands shall be equivalent in fair market value and 46 usefulness to the lands being alienated or converted. 47 § 7. This act shall take effect immediately.