Bill Text: NY A09887 | 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: (Introduced) 2024-05-29 - reported referred to ways and means [A09887 Detail]

Download: New_York-2023-A09887-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9887--A

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
          Committee on Local Governments -- 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.
    27    RUNNING THENCE S00°11'50"W, 380.27 feet;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15163-02-4
        A. 9887--A                          2

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