STATE OF NEW YORK
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S. 8385 A. 10508
SENATE - ASSEMBLY
May 4, 2018
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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.