Bill Text: NY S08660 | 2017-2018 | General Assembly | Amended

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.507 [S08660 Detail]

Download: New_York-2017-S08660-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 8660--A                                           A. 10679--A
                SENATE - ASSEMBLY
                                      May 10, 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, MURRAY --  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 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                                 Parcel One
    10    ALL that certain plot, piece or parcel of  land,  situate,  lying  and
    11  being  in  the  Town  of  Brookhaven, County of Suffolk and State of New
    12  York, known and designated as Lot Number 78 on a certain  map  entitled,
    13  "Map  of Shirley, Long Island, Unit A", filed in the Office of the Clerk
    14  of the County of Suffolk on December 28, 1949 as Map number 1725,  which
    15  said lot is bounded and described as follows:
    16    BEGINNING  at  a  point on the Westerly side of Carnation Drive at the
    17  extreme Southerly end of a curve with a radius of 30.00 feet, which said
    18  curve connects the Westerly side of Carnation Drive  and  the  Southerly
    19  side of Carleton Drive;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15796-02-8

        S. 8660--A                          2                        A. 10679--A
     1    RUNNING  THENCE  along  the Westerly side of Carnation Drive, South 01
     2  degrees 17 minutes 10 seconds East, 109.15 feet to land now or  formerly
     3  of Town of Brookhaven;
     4    THENCE  along  land  now  or  formerly  of Town of Brookhaven South 88
     5  degrees 42 minutes 50 seconds West, 217.80 feet to land now or  formerly
     6  of Steven Capatosto;
     7    THENCE along land now or formerly of Steven Capatosto North 01 degrees
     8  17 minutes 10 seconds West, 32.86 feet to the Southerly side of Carleton
     9  Drive;
    10    THENCE  along the Southerly side of Carlton Drive, North 58 degrees 05
    11  minutes 40 seconds East, 200.48 feet to a point;
    12    THENCE along the arc of a curve which connects the  Westerly  side  of
    13  Carnation Drive with the Southerly side of Carleton Drive bearing to the
    14  right  with  a  radius  of  30.00 feet and a length of 63.16 feet to the
    15  point or place of BEGINNING.
    16  Property   identified    as    Suffolk    County    Tax    Map    Number
    17  0200-615.00-04.00-005.000; .42 acres
    18                                 Parcel Two
    19    ALL  that  certain  plot,  piece or parcel of land, situate, lying and
    20  being in the Town of Brookhaven, County of  Suffolk  and  State  of  New
    21  York,  known  and  designated  as Lot Numbers 76 and 77 on a certain map
    22  entitled, "Map of Shirley, Long Island, Unit A", filed in the Office  of
    23  the  Clerk  of  the County of Suffolk on December 28, 1949 as Map Number
    24  1725, which said lots are bounded and described as follows:
    25    BEGINNING at a point on the Westerly side of Carnation  Drive  distant
    26  109.15 feet Southerly from the extreme Southerly end of a curve having a
    27  radius  of  30.00  feet  which  said curve connects the Westerly side of
    28  Carnation Drive and the Southerly side of Carleton Drive;
    29    RUNNING THENCE along the Westerly side of  Carnation  Drive  South  01
    30  degrees  17 minutes 10 seconds East, 100.00 feet to land now or formerly
    31  of Gino Dire;
    32    THENCE along land of Gino Dire, South 88 degrees 42 minutes 50 seconds
    33  West, 217.80 feet to land now or formerly of Steven Capatosto;
    34    THENCE along land of Steven Capatosto, North 01 degrees 17 minutes  10
    35  seconds West, 100.00 feet to land now or formerly of Town of Brookhaven;
    36    THENCE  along  land  now  or  formerly  of Town of Brookhaven North 88
    37  degrees 42 minutes 50 seconds East, 217.80 feet to the Westerly side  of
    38  Carnation Drive, the point or place of BEGINNING.
    39  Property    identified    as    Suffolk    County    Tax    Map   Number
    40  0200-615.00-04.00-006.000; .5 acres
    41    § 4. Prior to the  discontinuance  and  alienation  of  the  parklands
    42  described  in  section  three  of this act, the town of Brookhaven shall
    43  dedicate as parklands such land described as follows:
    44    ALL that certain plot, piece or parcel of land, with the buildings and
    45  improvements thereon erected, situate, lying and being in Center Morich-
    46  es, in the Town of Brookhaven, County of Suffolk and State of New  York,
    47  bounded and described as follows:
    48    BEGINNING  at a point on the Northerly side of Frowein Road (C.R. 98),
    49  distant 1674.91 feet Westerly from the corner formed  by  the  Northerly
    50  side  of  Frowein  Road  (C.R.  98)  and the Westerly side of Brookfield
    51  Avenue;
    52    RUNNING THENCE North 79 degrees 59 minutes 30 seconds West  along  the
    53  Northerly side of Frowein Road, 275.75 feet;

        S. 8660--A                          3                        A. 10679--A
     1    RUNNING  THENCE North 06 degrees 04 minutes 45 seconds East along said
     2  last mentioned land, 1005.00 feet to the land now or formerly of William
     3  H. Moffitt;
     4    RUNNING  THENCE  South 77 degrees 07 minutes 45 seconds East along the
     5  said last mentioned land, 281.50 feet to the land now or formerly of Ida
     6  J. Smith;
     7    RUNNING THENCE along the land now or formerly of  Ida  J.  Smith,  the
     8  following four (4) courses and distances:
     9    1.    South 06 degrees 27 minutes 35 seconds West, 162.41 feet (deed),
    10  162.40 feet (survey);
    11    2. South 04 degrees 47 minutes 55 seconds West, 264.67 feet;
    12    3. South 06 degrees 22 minutes 35 seconds West, 274.97 feet;
    13    4. South 07 degrees 38 minutes 00 seconds West,  288.74  feet  to  the
    14  Northerly side of Frowein Road, being the point or place of BEGINNING.
    15  Property  located  at  313 Frowein Road in the Hamlet of Center Moriches
    16  and    identified    as    Suffolk     County     Tax     Map     Number
    17  0200-827.00-02.00-006.000; 6.3 acres
    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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