Bill Text: NY S08386 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes the town of Brookhaven, county of Suffolk, to alienate and convey certain parcels of land used as parklands and to dedicate other lands as parklands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-07 - SIGNED CHAP.389 [S08386 Detail]
Download: New_York-2017-S08386-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 8386--A A. 10509--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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, acting by and through its governing body and 3 upon such terms and conditions as determined by such body is hereby 4 authorized to discontinue as parklands and to alienate the lands 5 described in section three of this act to Michael Christopher Trimarco 6 for the purpose of residential improvements. 7 § 2. The authorization provided in section one of this act shall be 8 effective only upon the condition that Michael Christopher Trimarco 9 convey to the town of Brookhaven, and that the town of Brookhaven 10 acquire and dedicate the lands described in section four of this act as 11 parklands, provided that the town of Brookhaven has never used such 12 lands for public open space or park purposes. 13 § 3. The parklands authorized by section one of this act to be alien- 14 ated as parklands are described as follows: 15 All that certain plot, piece or parcel of land situated, lying and 16 being at Moriches, Town of Brookhaven, County of Suffolk and State of 17 New York being known and designated as p/o Lot 124 on the Map of Crystal 18 Beach, Section 2, filed in the Suffolk County Clerk's Office on 19 09/06/1957 as Map No. 2750, which said p/o lots are bounded and 20 described as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15532-03-8S. 8386--A 2 A. 10509--A 1 BEGINNING at a point on the west side of Crystal Beach Boulevard 2 distance 1,348.32 feet southerly from the corner formed by the inter- 3 section of the southerly side of Beverly Court and the westerly side of 4 Crystal Beach Boulevard; 5 RUNNING THENCE South 27 degrees 00 minutes 11 seconds West 75.00 feet; 6 THENCE North 63 degrees 00 minutes 00 seconds West 98.16 feet; 7 THENCE North 27 degrees 00 minutes 00 seconds East 15.00 feet; 8 THENCE North 63 degrees 01 minutes 45 seconds East 74.19 feet; 9 THENCE South 63 degrees 00 minutes 00 seconds East 54.54 feet, to the 10 westerly side of Crystal Beach Boulevard at point or place of BEGINNING. 11 Area = 6,054-sq.ft. 12 § 4. Prior to the discontinuance and alienation of the parklands 13 described in section three of this act, Michael Christopher Trimarco 14 shall convey to the town of Brookhaven and the town of Brookhaven shall 15 acquire and dedicate as parklands such land described as follows: 16 All that certain plot, piece or parcel of land situated, lying and 17 being at Moriches, Town of Brookhaven, County of Suffolk and State of 18 New York being known and designated as p/o Lot 123 on the Map of Crystal 19 Beach, Section 2, filed in the Suffolk County Clerk's Office on 20 09/06/1957 as Map No. 2750, which said p/o lots are bounded and 21 described as follows: 22 BEGINNING at a point on the west side of Crystal Beach Boulevard 23 distance 1,273.32 feet southerly from the corner formed by the inter- 24 section of the southerly side of Beverly Court and the westerly side of 25 Crystal Beach Boulevard; 26 RUNNING THENCE South 27 degrees 00 minutes 11 seconds West 32.00 feet; 27 THENCE North 63 degrees 00 minutes 00 seconds West 23.27 feet; 28 THENCE South 63 degrees 01 minutes 45 seconds West 53.17 feet; 29 THENCE North 63 degrees 00 minutes 00 seconds West 215.46 feet; 30 THENCE North 22 degrees 31 minutes 43 seconds East 75.23 feet; 31 THENCE South 63 degrees 00 minutes 00 seconds East 275.87 feet, to the 32 westerly side of Crystal Beach Boulevard at point or place of BEGINNING. 33 Area = 18,797-sq.ft. 34 § 5. In the event that the fair market value of the parklands 35 described in section four of this act to be dedicated by the town of 36 Brookhaven pursuant to this act are not equal to or greater than the 37 fair market value of the parklands to be alienated as described in 38 section three of this act, the town of Brookhaven shall dedicate the 39 difference of the fair market value of the lands to be alienated and the 40 lands to be dedicated for the acquisition of additional parklands and/or 41 capital improvements to existing park and recreational facilities. 42 § 6. In the event that the town of Brookhaven received any funding 43 support or assistance from the federal government for the purchase, 44 maintenance or improvement of the parklands set forth in section three 45 of this act, the discontinuance and alienation of such parklands author- 46 ized by the provisions of this act shall not occur until the town of 47 Brookhaven has complied with any federal requirements pertaining to the 48 alienation or conversion of parklands, including satisfying the secre- 49 tary of the interior that the alienation or conversion complies with all 50 conditions which the secretary of the interior deems necessary to assure 51 the substitution of other lands shall be equivalent in fair market value 52 and usefulness to the lands being alienated or converted. 53 § 7. This act shall take effect immediately.
