Bill Text: NY S02859 | 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: (Passed) 2019-10-03 - SIGNED CHAP.326 [S02859 Detail]
Download: New_York-2019-S02859-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2859 2019-2020 Regular Sessions IN SENATE January 30, 2019 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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. LBD08689-01-9S. 2859 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.
