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A08231 Summary:

A08231 Actions:

A08231 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8231--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  FITZPATRICK -- 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  in  relation  to  authorizing  the town of Smithtown, county of
          Suffolk, to alienate and convey certain parcels of land used as  park-
          lands
 
          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  Smith-
     2  town,  located in the county of Suffolk, is hereby authorized, acting by
     3  and through its town board and upon such terms and conditions as  deter-
     4  mined  by such board, to discontinue as parklands and alienate the lands
     5  more particularly described in section three of this act, and  to  lease
     6  such parklands at fair market value for the placement and operation of a
     7  personal wireless services facility at Callahans Beach for a term not to
     8  exceed 25 years.
     9    § 2. The authorization contained in section one of this act shall take
    10  effect  only  upon  the condition that the town of Smithtown dedicate an
    11  amount equal to or greater than the  fair  market  value  of  the  lease
    12  interest  being alienated pursuant to section one of this act toward the
    13  acquisition of new waterfront parklands and/or capital  improvements  to
    14  existing waterfront park and recreational facilities.
    15    §  3. The lands authorized by section one of this act to be discontin-
    16  ued as parklands and leased by the town of Smithtown  are  described  as
    17  follows:
    18    ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
    19  improvements  thereon erected, situate, lying and being at Fort Salonga,
    20  Town of Smithtown, County of Suffolk and State of New York, more partic-
    21  ularly bounded and described as follows:
    22    Beginning at a point being the following  (3)  courses  and  distances
    23  from the northeasterly corner of map no. 1449 (map of "Beverly Beach")

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11931-02-7
        A. 8231--A                          2
 
     1    (1) thence south 23 degrees 13 minutes 30 seconds west 600.00 feet;
     2    (2) thence south 66 degrees 46 minutes 30 seconds east 780.98 feet;
     3    (3)  thence  north 23 degrees 13 minutes 30 seconds east 35.00 feet to
     4  the point or place of beginning.
     5    Running thence north 23 degrees 13 minutes 30 seconds east 60.00 feet;
     6  thence south 66 degrees 46 minutes 30 seconds east  60.00  feet;  thence
     7  south  23 degrees 13 minutes 30 seconds west 60.00 feet; thence north 66
     8  degrees 46 minutes 30 seconds west 60.00 feet; to the point or place  of
     9  beginning. Totaling in 3,600 square feet or 0.083 acres.
    10    §  4.  Should  the leased lands described in section three of this act
    11  cease to be used for the purposes described in section one of this  act,
    12  the  lease  shall  terminate and those lands shall revert to the town of
    13  Smithtown for public park and recreational purposes. At the time of such
    14  reversion, the removal of such personal wireless services facility shall
    15  take place and the property shall be returned  to  its  previous  state,
    16  consistent with park and recreational purposes.
    17    §  5.  In  the  event  that the town of Smithtown received any funding
    18  support or assistance from the  federal  government  for  the  purchase,
    19  maintenance  or  improvement of the parklands set forth in section three
    20  of this act, the discontinuance of parkland authorized by the provisions
    21  of this act shall not occur until the town  of  Smithtown  has  complied
    22  with any federal requirements pertaining to the alienation or conversion
    23  of  such  parklands,  including satisfying the secretary of the interior
    24  that the alienation or conversion complies with all conditions which the
    25  secretary of the interior deems necessary to assure the substitution  of
    26  other  lands  shall  be equivalent in fair market value and recreational
    27  usefulness to the lands being alienated or converted.
    28    § 6. This act shall take effect immediately.