Bill Text: NY S08385 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the town of Brookhaven, county of Suffolk, to alienate certain parcels of land used as parklands and to dedicate other lands as parklands.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-28 - SIGNED CHAP.504 [S08385 Detail]

Download: New_York-2017-S08385-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8385                                                 A. 10508
                SENATE - ASSEMBLY
                                       May 4, 2018
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
        IN  ASSEMBLY -- Introduced by M. of A. PALUMBO -- read once and referred
          to the Committee on Local Governments
        AN ACT to authorize the town of Brookhaven, county of Suffolk, to alien-
          ate certain parklands and to dedicate 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 town of Brookha-
     2  ven, county of Suffolk, is hereby authorized to discontinue and alienate
     3  as parklands the lands described in section three of this act.
     4    §  2.  The  authorization provided in section one of this act shall be
     5  effective only upon the condition that the town of  Brookhaven  dedicate
     6  the lands described in section four of this act as parklands.
     7    §  3. The parklands authorized by section one of this act to be alien-
     8  ated as parklands is described as follows:
     9    All that certain plot, piece, or parcel of land,  situate,  lying  and
    10  being  in  Shoreham, Town of Brookhaven, County of Suffolk, State of New
    11  York, and being part of a Lot for Open Space on the "Survey of  Proposed
    12  Open  Space,  Middlecross  Estates, Section 2" prepared by Henderson and
    13  Bodwell and dated November 6, 1995, and also as shown on a map  entitled
    14  "Map  1  -  Land  Use  Swap,"  prepared by L.K. McLean Associates, dated
    15  September 25, 2017; said property being more  particularly  bounded  and
    16  described as follows:
    17    Beginning at a point formed by the intersection of the easterly bound-
    18  ary  line  of  Ridge  Road  with  the southerly boundary line of Radford
    19  Street (not open); said point being the following two  (2)  bearing  and
    20  distances  from the northerly terminus of a curve joining the said east-
    21  erly boundary line of Ridge Road with the  northerly  boundary  line  of
    22  Framingham Lane:
    23    1.  North  18°  16'  00"  East,  a distance of 107.21 feet to a point;
    24  thence
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15488-02-8

        S. 8385                             2                           A. 10508
     1    2. North, 16° 41' 41" East, a distance of 444.33 feet to the point  of
     2  beginning;
     3    Thence,  from said point of beginning, South 88°21'40" East, along the
     4  said southerly boundary line of Radford Street (not open), a distance of
     5  119.69 feet to a point on the westerly boundary line of  Portman  Avenue
     6  (not open);
     7    Thence,  South  1°38'20"  West,  along  said westerly boundary line, a
     8  distance of 193.13 feet to a point;
     9    Thence, North 88°21'40" West, through the said Lot for Open  Space,  a
    10  distance of 171.64 feet to a point on the first mentioned easterly boun-
    11  dary line of Ridge Road;
    12    Thence,  North  16°41'41"  East,  along said easterly boundary line, a
    13  distance of 200.00 feet to the point or place of beginning.
    14    Subject parcel area being 28,133 square feet or 0.646  acre,  more  or
    15  less.
    16    Part of Suffolk County Tax Map No. 0200-125.00-05.00-001.001.
    17    §  4.  Prior  to  the  discontinuance  and alienation of the parklands
    18  described in section three of this act, the  town  of  Brookhaven  shall
    19  dedicate as parklands such land described as follows:
    20    All  that  certain  plot, piece, or parcel of land, situate, lying and
    21  being in Shoreham, Town of Brookhaven, County of Suffolk, State  of  New
    22  York,  being  known  as Lots 833 through 840 inclusive, Lots 921 through
    23  928 inclusive, Lots 953 through 957 inclusive, part  of  Portman  Avenue
    24  (not open) and part of Villa Street (not open) on a map entitled "Map of
    25  Shoreham  Heights  Park,  Section C" filed in the Suffolk County Clerk's
    26  Office on February 13, 1908 as File Map No. 543, and also as shown on  a
    27  map  entitled  "Map  3 - Land Use Swap," prepared by L.K. Mclean Associ-
    28  ates, dated September 25, 2017; said property  being  more  particularly
    29  bounded and described as follows:
    30    Beginning  at  a point formed by the intersection of the proposed line
    31  for land use conveyance with  the  westerly  boundary  line  of  Portman
    32  Avenue  (not open); said point being the following four (4) bearings and
    33  distances from the northerly terminus of a curve joining the said  east-
    34  erly  boundary  line  of  Ridge Road with the northerly boundary line of
    35  Framingham Lane:
    36    1. North 18° 16' 00" East, along said easterly boundary line of  Ridge
    37  Road, a distance of 107.21 feet to a point; thence
    38    2.  North  16°  41'  41" East, continuing along said easterly boundary
    39  line, a distance of 444.33 feet to a point  in  the  southerly  boundary
    40  line of Radford Street (not open); thence
    41    3.  South  88°  21'  40"  East,  along said southerly boundary line, a
    42  distance of 119.69 feet to a point on the first mentioned westerly boun-
    43  dary line of Portman Avenue (not open); thence
    44    4. South 1° 38'  20"  West,  along  said  westerly  boundary  line,  a
    45  distance of 193.13 feet to the point of beginning;
    46    Thence,  from said point of beginning, North 88° 21' 40" West, through
    47  the bed of Portman Avenue (not open), a distance  of  43.00  feet  to  a
    48  point  on  the westerly boundary line of land now or formerly Union Free
    49  School District No. 10;
    50    Thence, along  said  westerly  boundary  line  of  Union  Free  School
    51  District No. 10 the following two (2) bearings and distances:
    52    1. South 1° 38' 20" West, a distance of 106.87 feet to a point;
    53    2. South 88° 21' 40" East, a distance of 207.00 feet to a point on the
    54  westerly boundary line of Pulaski Avenue (not open);
    55    Thence,  South  1°  38' 20" West, along said westerly boundary line, a
    56  distance of 250.00 feet to a point on the northerly boundary line of Lot

        S. 8385                             3                           A. 10508
     1  29 on Map of Middlecross Estates, Section 3, filed February 8,  1996  in
     2  the Suffolk County Clerk's Office as File Map No. 9803;
     3    Thence,  North 88° 21' 40" West, along said northerly boundary line, a
     4  distance of 350.00 feet to a point on the easterly line  of  Lot  30  of
     5  said File Map No. 9803;
     6    Thence,  North  1°  38' 20" East, along said easterly boundary line, a
     7  distance of 250.00 feet to a point on the  southerly  boundary  line  of
     8  land now or formerly of Town of Brookhaven (Open Space);
     9    Thence,  South 88° 21' 40" East, along said southerly boundary line, a
    10  distance of 100.00 feet to a point on the easterly boundary line of said
    11  land now or formerly of Town of Brookhaven (Open Space);
    12    Thence, North 1° 38' 20" East, along said easterly  boundary  line,  a
    13  distance of 106.87 feet to the point or place of beginning.
    14    Subject  Parcel  area being 92,085 square feet or 2.114 acres, more or
    15  less.
    16    Part of Suffolk County  Tax  Map  Nos.  0200-125.00-02.00-046.001  and
    17  046.002.
    18    §  5.  In  the  event  that  the  fair  market  value of the parklands
    19  described in section four of this act to be dedicated  as  parklands  by
    20  the  town of Brookhaven pursuant to this act are not equal to or greater
    21  than the fair market value of the parklands described in  section  three
    22  of  this  act being alienated as parklands, the town of Brookhaven shall
    23  dedicate the difference of the fair market value  of  the  lands  to  be
    24  alienated  and  the  lands  to be dedicated for the acquisition of addi-
    25  tional parklands and/or capital improvements to existing park and recre-
    26  ational facilities.
    27    § 6. In the event that the town of  Brookhaven  received  any  funding
    28  support  or  assistance  from  the  federal government for the purchase,
    29  maintenance or improvement of the parklands set forth in  section  three
    30  of  this  act, the discontinuance and conveyance of parklands authorized
    31  by the provisions of this act shall not occur until the town of Brookha-
    32  ven has complied with any federal requirements pertaining to the  alien-
    33  ation  or conversion of parklands, including satisfying the secretary of
    34  the interior that the alienation or conversion complies with all  condi-
    35  tions  which the secretary of the interior deems necessary to assure the
    36  substitution of other lands shall be equivalent in fair market value and
    37  recreational usefulness to the lands being alienated or converted.
    38    § 7. This act shall take effect immediately.
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