Bill Text: NY S09221 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the town of Brookhaven to discontinue a portion of real property for use as parkland and to grant easements to West Ferry Office, LLC for the construction of sewer facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-06 - REFERRED TO LOCAL GOVERNMENT [S09221 Detail]

Download: New_York-2023-S09221-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9221

                    IN SENATE

                                       May 6, 2024
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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 Brookhaven to  discontinue
          a portion of real property in the county of Suffolk as parkland and to
          grant  easements  to  West  Ferry  Office, LLC for the construction of
          sewer facilities

          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, but notwithstanding
     2  any provision of law to the contrary, the town of Brookhaven  is  hereby
     3  authorized to discontinue the use as parklands of the lands described in
     4  section  three  of this act and to grant easements to West Ferry Office,
     5  LLC, upon such terms and conditions as  the  town  shall  determine,  to
     6  enable  West  Ferry  Office,  LLC to construct below surface sewer lines
     7  under such parkland.
     8    § 2. The authorization provided in section one of this  act  shall  be
     9  effective  only upon the condition that the town of Brookhaven dedicates
    10  an amount equal to or greater than the fair market value of the land  to
    11  be  discontinued towards the acquisition of new parklands and/or capital
    12  improvements to existing parklands and  recreational  facilities  within
    13  the town of Brookhaven.
    14    §  3.  The lands hereby authorized to be discontinued as parklands and
    15  for which easements may be granted to West Ferry Office, LLC are located
    16  in the county of Suffolk, town of Brookhaven, village of Port  Jefferson
    17  and state of New York, and are bounded and described as follows:
    18    ALL  THAT  CERTAIN  PLOT,  PIECE  OR PARCEL of land situate, lying and
    19  being at Port Jefferson, in the town of Brookhaven,  county  of  Suffolk
    20  and  state of New York, known and designated as lots 3 and 4, said ease-
    21  ment being bounded and described as follows:
    22    Beginning at a point on the Northerly side of  West  Broadway  at  the
    23  division  line  between  lots  2  and  4  and 3. Running thence North 18
    24  degrees 18 minutes 00 seconds West at 30.00 feet to the  easement  point
    25  of beginning.
    26  1. Thence, North 49 degrees 45 minutes 16 seconds East at 270.00 feet;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15409-02-4
        S. 9221                             2

     1  2. Thence, North 19 degrees 01 minutes 39 seconds West at 30.00 feet;
     2  3. Thence, South 69 degrees 03 minutes 11 seconds West at 60.00 feet;
     3  4. Thence, South 18 degrees 11 minutes 35 seconds West at 30.00 feet;
     4  5. Thence, South 49 degrees 45 minutes 16 seconds East at 206.00 feet;
     5  6. Thence,  South 18 degrees 18 minutes 00 seconds East at 20.50 feet to
     6  the point or place of beginning.
     7    § 4. In the event that the town of Brookhaven  received  any  funding,
     8  support  or  assistance  from  the  federal government for the purchase,
     9  maintenance or improvement of the parklands set forth in  section  three
    10  of  this act, the discontinuance and alienation of such parkland author-
    11  ized by the provisions of this act shall not occur  until  the  town  of
    12  Brookhaven  has complied with any federal requirements pertaining to the
    13  alienation or conversion of such  parklands,  including  satisfying  the
    14  secretary  of  the  interior  that the alienation or conversion complies
    15  with all conditions which the secretary of the interior deems  necessary
    16  to  assure  the  substitution of other lands shall be equivalent in fair
    17  market value and usefulness to the lands being discontinued.
    18    § 5. Upon the completion of construction of the sewer  facilities  the
    19  West  Ferry Office, LLC shall, in agreement with the town of Brookhaven,
    20  restore the surface of the lands described in section three of this  act
    21  and such lands shall continue to be used for park purposes.
    22    § 6. This act shall take effect immediately.